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"Scheffer, David"
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The sit room : in the theater of war and peace
\"The Sit Room brings you inside the secretive Situation Room of the White House, the most important deliberative room in the world, during the early 1990s when the author was one of the policymakers who framed the Clinton Administration's policy towards the bloody Balkans War. Drawing upon newly declassified documents and his own notes, David Scheffer, who later became America's first Ambassador-at-Large for War Crimes Issues, weaves the true story of how policy options were debated in the Sit Room among the highest national security officials. The road to a final peace deal in late 1995 came at the high price of the murderous siege of Sarajevo and ethnic cleansing of mostly Bosnian Muslims from their homes and towns, including the genocide of Srebrenica's men and teenage boys. The Sit Room reveals the behind-the-scenes story about how American policy evolved--often futilely--to try to stop an intractable war and its shocking atrocities. Main actors in the Sit Room include: the assertive Ambassador to the United Nations, Madeleine Albright; the State Department's ace negotiator, Richard Holbrooke; the cerebral National Security Adviser, Tony Lake; the immigrant Chairman of the Joint Chiefs of Staff, John Shalikashvili; the bulldog Deputy National Security Adviser, Sandy Berger; and White House moralist, David Gergen. For almost three years, the Sit Room was littered with shattered proposals to end the war-until armed force backed up diplomacy to compel a fragile peace deal. The Sit Room reveals authentic policy-making at the highest levels, with a unique journey into the arena of war and peace where spirited debate guided America's foreign policy. \"-- Provided by publisher.
Book
Case 004/2 Involving AO An: Considerations on Appeals Against Closing Orders (Extraordinary Chambers Cts. Cambodia)
On December 19, 2019, the Pre-Trial Chamber (PTC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) rendered its “Considerations on Appeals Against Closing Orders” in Case 004/2 Involving Ao An. The 266-page ruling exemplified, and brought to a head, the longstanding conflict within the ECCC between the national and international co-prosecutors and between the national and international judges on the parameters of personal jurisdiction and the interpretation of relevant provisions of the ECCC's constitutional documents. The fate of the ECCC now hangs in the balance.
Journal Article
Gravity’s Influence on Human Motivation
Earth’s mass generates a definitive Earth-vertical reference, shaping life’s evolution. Notably, these gravity models influence self-perception and the first-person viewpoint in the CNS, tied to bodily self-awareness and spatial orientation. Transitioning from Earth’s constant gravity to microgravity potentially disrupts the CNS’s gravity-representation models, formed since birth. Our study explored if altered gravity triggers emotional and motivational responses in rapid CNS adaptations. A psychological parallel between Earth’s gravity and attachment systems in infants and adults is proposed. We measured implicit motives through vocal interactions during demanding tasks, finding that disrupted gravity impacts the implicit affiliation motive, i.e., the subconscious need to restore bonding as soon there are signals that this attachment or “gravitational” field is disrupted. As expected, this implicit need for attachment was significantly higher in the groups which experienced disrupted gravity. Causation remains unverifiable due to exploratory design.
Journal Article
All the Missing Souls
Within days of Madeleine Albright's confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton's ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia, and that resulted in the creation of the permanent International Criminal Court.All the Missing Soulsis Scheffer's gripping insider's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time.
Scheffer reveals the truth behind Washington's failures during the 1994 Rwandan genocide and the 1995 Srebrenica massacre, the anemic hunt for notorious war criminals, how American exceptionalism undercut his diplomacy, and the perilous quests for accountability in Kosovo and Cambodia. He takes readers from the killing fields of Sierra Leone to the political back rooms of the U.N. Security Council, providing candid portraits of major figures such as Madeleine Albright, Anthony Lake, Richard Goldstone, Louise Arbour, Samuel \"Sandy\" Berger, Richard Holbrooke, and Wesley Clark, among others.
A stirring personal account of an important historical chapter,All the Missing Soulsprovides new insights into the continuing struggle for international justice.
eBook
The Paradox of Kiobel in Europe
One of the most striking features of Chief Justice John Roberts’s majority opinion in the U.S. Supreme Court’s judgment in Kiobel v. Royal Dutch Petroleum Co. is how it pays homage to foreign governments’ opposition to the extraterritorial application of the Alien Tort Statute (ATS), as voiced most prominently from European foreign ministries. “[F]oreign policy concerns” and the overarching goal to avoid diplomatic tensions with foreign sovereigns are themes heavily informing the Roberts opinion. The majority found the presumption against extraterritoriality applicable to the ATS in large part due to fear of “unwarranted judicial interference in the conduct of [U.S.] foreign policy” if the Court allowed the ATS to “reach conduct occurring in the territory of a foreign sovereign.” In that light, the Kiobel judgment can be understood primarily as a decision prohibiting the overreach of U.S. law and protecting jurisdictional prerogatives of lex loci delicti and state of incorporation alike.
Journal Article
IS THE PRESUMPTION OF CORPORATE IMPUNITY DEAD?
Subsequent to the delivery of this address of September 15, 2017, the Supreme Court delivered its judgment in Jesner v. Arab Bank on April 24, 2018. In a 5 to 4 vote, Justice Kennedy, writing for the majority of Justices Roberts, Alito, Thomas, Gorusch, and himself, held that corporations are not subject to the jurisdiction of the Alien Tort Statute (\"ATS\"). Justice Sotomayer, writing for the minority of Justices Ginsburg, Breyer, Kagan, and herself, argued that corporations can be held liable under the ATS. The author aligns himself with the views expressed by Justice Sotomayer in the dissenting opinion.
Journal Article
All the missing souls : a personal history of the war crimes tribunals
Within days of Madeleine Albright's confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton's ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia, and that resulted in the creation of the permanent International Criminal Court. All the Missing Souls is Scheffer's gripping insider's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time. Scheffer reveals the truth behind Washington's failures during the 1994 Rwandan genocide and the 1995 Srebrenica massacre, the anemic hunt for notorious war criminals, how American exceptionalism undercut his diplomacy, and the perilous quests for accountability in Kosovo and Cambodia. He takes readers from the killing fields of Sierra Leone to the political back rooms of the U.N. Security Council, providing candid portraits of major figures such as Madeleine Albright, Anthony Lake, Richard Goldstone, Louise Arbour, Samuel \"Sandy\" Berger, Richard Holbrooke, and Wesley Clark, among others. -- From publisher description.
eBook
The Creation of the Tribunals
This article offers a U.S. perspective on the creation of the Yugoslav and Rwanda criminal tribunals as each nears its conclusion following more than twenty years of judicial proceedings. During the period in which the tribunals were created, one of us (MJM) was the Acting Legal Adviser or Principal Deputy Legal Adviser of the U.S. Department of State, and the other (DS) was Senior Adviser and Counsel to the U.S. Permanent Representative to the United Nations and was subsequently the first U.S. Ambassador-at-Large for War Crimes Issues. Given the leading role played by the United States in the process of creating the tribunals, we hope that our perspective might help to illuminate the critical issues faced at that time.
Journal Article
Beyond Occupation Law
When the armed forces of the United States and the United Kingdom invaded Iraq and exercised control over its territory, the law of occupation immediately began to apply to their actions, and the two governments soon recognized such obligations. By late May 2003, following the Anglo-American military intervention that came to be known as \"Operation Iraqi Freedom,\" the American and British governments and the United Nations Security Council publicly confirmed the application of occupation law in Iraq rather than opt for the establishment of a United Nations legal framework to govern the foreign military deployment and civilian administration.
Journal Article