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Posts by John Bellinger

John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter LLP in Washington, DC. He is also Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009, as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House from 2001–2005, and as Counsel for National Security Matters in the Criminal Division of the Department of Justice from 1997–2001. Full bio »

Ask, and You Shall Receive: Washington Post Weighs in on Brennan Speech

By John Bellinger
Tuesday, May 8, 2012 at 11:05 PM

Now sooner did I complain about the lack of editorial response to John Brennan’s speech on drones than the Washington Post has published this editorial on drone strikes in Yemen.  The editorial goes on to praise Brennan’s speech and give a … Read more »

John Brennan’s Speech: The Tree that Fell in the Forest?

By John Bellinger
Monday, May 7, 2012 at 7:28 PM

It is surprising to me that neither the Washington Post nor the New York Times nor the Wall Street Journal has yet to run an editorial reacting to John Brennan’s extensive and thoughtful speech on drones last week.

A senior … Read more »

Reciprocity Dilemma for the Obama Administration in Kiobel: Will the Administration Serve up Sauce for the Gander?

By John Bellinger
Thursday, May 3, 2012 at 7:40 PM

As I have noted previously, the Supreme Court’s March 5 order that the Kiobel case be re-briefed to address the extraterritorial application of the Alien Tort Statute has put the Obama Administration in a difficult position if it wishes … Read more »

John Brennan’s Speech

By John Bellinger
Monday, April 30, 2012 at 12:46 PM

Last October, I wrote an op-ed in the Washington Post entitled “Will Drone Strikes Become Obama’s Guantanamo?” in which I said that “the administration needs to work harder to explain and defend its use of drones as lawful … Read more »

Charles Taylor Convicted of Eleven Counts of War Crimes

By John Bellinger
Thursday, April 26, 2012 at 10:41 AM

The Special Court for Sierra Leone has convicted former Liberian President Charles Taylor of eleven counts of war crimes and crimes against humanity.  He is the first former head of state to be tried and convicted by an international tribunal. … Read more »

More on the Obama Administration’s National Security Speeches

By John Bellinger
Friday, April 20, 2012 at 6:24 PM

Ken and Ben have recently commented on the national security speeches of Obama Administration officials, including most recently the remarks of CIA General Counsel Stephen Preston.  As a former Bush Administration official who would like to encourage more bipartisanship on … Read more »

Supreme Court: Only “Natural Persons” Subject to Liability under TVPA

By John Bellinger
Wednesday, April 18, 2012 at 10:41 AM

The Supreme Court just released — only seven weeks after oral argument — its decision in Mohamad v. Palestinian Authority.  In an opinion by Justice Sotomayor, the Court unanimously holds that, as used in the Torture Victim Protection Act, … Read more »

The Attorney General’s Speech

By John Bellinger
Tuesday, March 6, 2012 at 3:53 PM

I join Ben’s praise for the Attorney General’s speech.

The Administration has done a good job in the speeches by Harold Koh, Jeh Johnson, John Brennan, and now the Attorney General in laying out a comprehensive and reasonably detailed explanation of the legal principles … Read more »

Stop Press: Supreme Court Orders Kiobel Reargued to Address Extraterritoriality

By John Bellinger
Monday, March 5, 2012 at 7:03 PM

In a surprising development, less than a week after last Tuesday’s oral argument in Kiobel v. Royal Dutch Petroleum, the Supreme Court has ordered the case to be rebriefed and reargued to address the extraterritorial application of the Alien Tort Statute.  The … Read more »

TVPA Lawsuit Against Sri Lanka President Dismissed, after Administration Submits Delayed Suggestion of Immunity

By John Bellinger
Thursday, March 1, 2012 at 11:52 PM

On February 29, Judge Kollar-Kotelly of the District Court for the District of Columbia dismissed a lawsuit brought under the Torture Victim Protection Act against President Rajapaksa of Sri Lanka, based on a Suggestion of Immunity filed on January 13 … Read more »

Yawn: Drone Strike Kills Four in Somalia

By John Bellinger
Wednesday, February 29, 2012 at 11:09 PM

In her news roundup for last Friday, Ritika briefly mentioned that a drone strike had killed four al-Shabab militants in Somalia.

 The New York Times had also cursorily mentioned the strike in this short AP report on page A5 of … Read more »

Kiobel: Justice Kennedy Questions Extraterritorial Application of the ATS

By John Bellinger
Tuesday, February 28, 2012 at 6:10 PM

The narrow question presented in the Kiobel v. Royal Dutch Petroleum case is whether corporations may be held liable for violations of international law under the Alien Tort Statute.  But during this morning’s Supreme Court argument, Justices Kennedy, Roberts, and … Read more »

Extraterritorial Application of the Alien Tort Statute: “A Noble Cause That Goes Too Far”

By John Bellinger
Friday, February 24, 2012 at 1:19 PM

The Kiobel case will be argued next Tuesday before the Supreme Court.  I have an op-ed in today’s Washington Post (headlined in the print edition “A Noble Cause That Goes Too Far”) about the foreign policy tensions caused by extraterritorial … Read more »

European Governments File Supreme Court Amicus Briefs in Kiobel

By John Bellinger
Wednesday, February 8, 2012 at 4:55 PM

The Governments of Germany, the United Kingdom, and the Netherlands have filed amicus briefs in support of Shell Oil in the Kiobel case, in which the Supreme Court will decide whether corporations may be held liable under the Alien … Read more »

Administration Submits ICCPR Report, Punts on Extraterritorial Application

By John Bellinger
Thursday, January 19, 2012 at 10:46 AM

On Friday, December 30, while much of the world, human rights groups, and the press were out on holiday, the State Department without fanfare submitted the fourth U.S. periodic report required under the International Covenant on Civil and Political Rights … Read more »