Oona Hathaway

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120 Posts
Professor of Law, Yale Law School
Professor of Political Science, Yale University
Faculty, Jackson School of Global Affairs, Yale University
Director, Center for Global Legal Challenges, Yale Law School
Former Special Counsel, U.S. Department of Defense
Yale Law Schoolhttps://law.yale.edu/oona-hathaway
Just Securityhttps://www.justsecurity.org/author/hathawayoona/
LinkedInhttps://www.linkedin.com/in/oona-hathaway-06071a/overlay/contact-info/
SSRNhttps://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=240242
Curtis Bradley, Jack Goldsmith, and Oona Hathaway explore how a transparency statute for international agreements passed in 2022 could force the disclosure of any U.S.-El Salvador agreements related to Kilmar Abrego Garcia’s detention at CECOT. https://www.lawfaremedia.org/article/the-new-transparency-rules-and-the-el-salvador-detention-agreement
The New Transparency Rules and the El Salvador Detention Agreement

A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained.

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How can we make sense of the challenges facing the international legal order at this moment? Listen to my conversation with the fantastic
asymmetrical haircuts team.

https://www.asymmetricalhaircuts.com/episodes/episode-126-law-will-tear-u-s-apart-again-with-oona-hathaway/?sharedby=pplayer

Glad to talk to the BBC for this story: Would a US takeover of Gaza be against international law? I come in at 6:00, but the whole episode is worth a listen.

https://www.bbc.co.uk/programmes/w172zb9cctgxnjv

BBC World Service - Newshour, Would a US takeover of Gaza be against international law?

US President Donald Trump reaffirms support for Palestinians to leave Gaza

BBC

This is devastating news. The office is doing extremely important work to reduce civilian casualties caused by our own forces and setting new standards for other states in the process. More innocent civilians will die in conflict as a result.

https://www.stripes.com/theaters/us/2025-01-23/trump-close-pentagon-curbing-civilian-deaths%C2%A0-16583702.html

Trump moves to close Pentagon office focused on curbing civilian deaths

Stars and Stripes

The fall of the Assad regime in Syria once again raises the challenging issue of recognition of a new government.

In this new article, forthcoming in NYU Law Review, we review the (extremely messy) international law of government recognition. You can read it here:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5039867

RECOGNITION RULES: THE CASE FOR A NEW INTERNATIONAL LAW OF GOVERNMENT RECOGNITION

<p>The last several years have been marked by contentious disputes about which governments represent the states of Venezuela, Myanmar, Afghanistan, Libya, Yemen

Nathaniel Raymond, of the Humanitarian Research Lab at the Yale School of Public Health, and I joined Paras Shah for the the Just Security Podcast, where we discuss Russia’s program of coerced adoption and fostering of Ukrainian children.

Listen here:

https://www.justsecurity.org/105442/podcast-russia-coerced-adoptions/

The Just Security Podcast: Russia’s Program of Coerced Adoption of Ukraine’s Children

A new report has identified 314 individual Ukrainian children that Russian officials transferred from Ukraine to Russia for coerced adoption.

Just Security

New report detailing Russia's systematic program of coerced adoption and fostering of Ukraine's children. This is likely to lead to new war crimes & crimes against humanity charges against Putin, Lvova-Belova & others. Madeline Babin, Isabel Gensler & I explain:

https://www.justsecurity.org/105372/hrl-report-ukraine-children/

New Report Documents Russia’s Systematic Program of Coerced Adoption and Fostering of Ukraine’s Children

Researchers identified 314 individual Ukrainian children that Russian officials transferred from Ukraine to Russia for coerced adoption.

Just Security

In light of the news that the ICC has just issued arrest warrants for Benjamin Netanyahu and Yoav Gallant along with one Hamas leader (the other two have been killed), this piece is once again relevant:

https://www.foreignaffairs.com/israel/dont-go-war-icc

Don’t Go to War With the ICC

America can help Israel without attacking the court.

Foreign Affairs