David Kaye
Director, International Justice Clinic
UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression

Expertise:
Public international law, international humanitarian law, human rights, international criminal justice, the law governing use of force
Background:
Prof. Kaye’s scholarship and teaching focus on public international law, especially international human rights law, international humanitarian law, accountability for violations of human rights, and the law governing the use of force. He is just as interested in efforts to translate international law—especially human rights law—in a domestic American context, whether in courts, legislatures, or the executive branches of government, at federal and state levels.
Prof. Kaye has been appointed by the UN Human Rights Council to serve as Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, effective August 1, 2014, for three years. With the assistance of students in his International Justice Clinic, Prof. Kaye will report to the UN on some of the key issues in free expression worldwide, such as the safety of journalists, severe restrictions placed on Internet access and usage, the chilling effects of electronic surveillance, hate speech and incitement to violence.
Prof. Kaye began his legal career with the U.S. State Department, handling such subjects as international claims, nuclear nonproliferation, international humanitarian law, and accountability for war crimes, crimes against humanity and genocide. Prior to joining UC Irvine, he co-founded UCLA’s International Human Rights Program and founded its International Justice Clinic, working on projects dealing with accountability for international crimes around the world. In addition to his scholarship and teaching, Professor Kaye is an active member of the American Society of International Law, for which he served on its Executive Council and Executive Committee, and is a member of the Council on Foreign Relations. He has also published essays and opinion pieces in mainstream publications such as Foreign Affairs, Foreign Policy, The New York Times, and The Los Angeles Times.
As a clinical teacher, Professor Kaye aims to help students discover and put to use tools to advocate for implementation of human rights law and accountability for serious violations and to assist those worldwide who are looking to build the rule of law in their own countries. He also believes in scholarship that helps advance our understanding of how international law operates—and in translating that scholarship, as much as possible, to the broader public and policymaking communities.
Current Courses:
Advanced International Justice Clinic, International Justice Clinic
Prior Courses:
Advanced International Justice Clinic, International Human Rights and Humanitarian Law, International Human Rights Law, International Justice Clinic, Public International Law, International Humanitarian Law, Human Rights
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David Kaye et al., The Council and the Court: Improving Security Council Support of the International Criminal Court, UC Irvine Int'l Just. Clinic (May 2013).
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David Kaye, International Law Issues in the Department of Justice White Paper on Targeted Killing, 17 Am. Soc. Int'l L. Insights (2013).
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David Kaye, Opinion: The Prisoners at Guantanamo, and the Rule of Law, N.Y. Times, Jan. 20, 2013.
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David Kaye, Responsibility to Object: It's time for the U.N. Security Council to do something about war crimes in Syria, Foreign Pol., Jan. 10, 2013.
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Dalia Dassa Kaye & David Kaye, Opinion: The right way to help Syria's rebels, L.A. Times, Aug. 8, 2012.
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David Kaye, Opinion: What to do with Qaddafi, N.Y. Times, Aug. 31, 2011.
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David Kaye, Wanted: Qaddafi & Co., Foreign Affairs, May 18, 2011.
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David Kaye, A Jurisdiction the International Criminal Court Does Not Need, L.A. Times, June 1, 2010.
- Feb. 23, 2018:
Speaker, Controlling the Conversation: The Ethics of Social Platforms and Content Moderation, Annenberg Innovation Lab, University of Southern California, Los Angeles, CA - Feb. 5, 2018:
Featured Speaker. Human Rights Luncheon. American Bar Association 2018 Midyear Meeting. Vancouver, BC - April 25, 2017:
Speaker, “The International State of Digital Rights,” Berkman Klein Center for Internet & Society, Harvard University - April 13, 2017:
Speaker, Artistic Freedom around the World: Challenges, Standards & Definitions workshop, Creative Artists Agency, Los Angeles - March 23, 2017:
Moderator, Freedom of Opinion and Expression in Cuba, UC Irvine School of Law - Dec. 12, 2016:
Speaker, “The Global Retreat from Reality: What the Assault on Freedom of Expression Means for Democracy’s Future,” International Human Rights Day event, Minerva Center for Human Rights at the Hebrew University of Jerusalem - Nov. 4, 2016:
Keynote speaker, Freedom of Information Laws on the Global Stage: Past, Present and Future symposium, Southwestern Law School - Oct. 28, 2016:
Keynote Speaker, IP and Human Rights Symposium, UC Irvine School of Law - Sept. 28, 2016:
Panelist, “Killing the Chicken to Scare the Monkey: Filmmaking in the Time of Censorship”, Getting Real ’16 conference, Los Angeles - Sept. 20, 2016:
Panelist, “Fueling Extremism in a Wired World,” Eighth Annual Linda and Tony Rubin Lecture, Skirball Cultural Center, Los Angeles - April 12-19, 2016:
UN Special Rapporteur official visit to Japan to explore media independence, access to information, other issues
- ABSCBN News: Prof. Kaye calls on Philippine government to drop criminal cases filed against journalist, news outlet
- The Independent: Prof. Kaye comments on need to establish investigative team to report on Khashoggi’s murder
- Al Jazeera: WATCH: Prof. Kaye discusses death of Saudi journalist, call for UN investigation
- Techdirt Podcast: LISTEN: Prof. Kaye discusses artificial intelligence technology, free speech and human rights
- KCBS: Prof. Kaye discusses value of having independent international investigation into Khashoggi’s death
- UCI Law: Prof. Kaye Reports on Artificial Intelligence and Human Rights at UN General Assembly
- NPR All Things Considered: LISTEN: Prof. Kaye discusses call for international investigation into disappearance of Jamal Khashoggi
- Washington Post: Prof. Kaye op-ed: Only a U.N. investigation of Khashoggi’s disappearance could lead to the truth
- Wall Street Journal: Prof. Kaye calls for independent investigation into disappearance of Saudi journalist in Turkey
- Columbia Journalism Review: Prof. Kaye comments on violence, dangers facing members of the press in Kashmir
- Sydney Morning Herald: Prof. Kaye comments on Australian cybersecurity bill, online surveillance and privacy
- Bloggingheads.tv: WATCH: Prof. Kaye discusses freedom of expression, social media and content regulation
- Boing Boing: Prof. Kaye quoted on EU’s proposal to limit linking and censor copyrighted materials
- Quartz: Prof. Kaye quoted on Trump’s comments on Google search results
- ABC News: Prof. Kaye comments on the role of the press, language used by President Trump
- Deutsche Welle: Prof. Kaye expresses concern over Trump’s attacks on the media
- BBC Radio 4: LISTEN: Prof. Kaye discusses statement on Trump’s attacks on media
- The Hill: Prof. Kaye says Trump attacks on media violates freedom of the press norms
- Reuters: Prof. Kaye says Trump’s verbal attacks against media may lead to violence against journalists
- BBC: Prof. Kaye issues statement about Trump’s attacks on media
- The Guardian: Prof. Kaye comments on Trump’s attack on media, risk of violence against members of the press
- UN Dispatch: LISTEN: Prof. Kaye discusses regulation of content on Twitter and Facebook
- Sur International Journal on Human Rights: Prof. Kaye discusses Net Neutrality and human rights in the digital age
- UN Human Rights: Prof. Kaye comments on rules, regulation of online free speech
- Politico: Prof. Kaye comments on European Union’s proposed copyright reforms
- New York Times: Prof. Kaye comments on campaign over European Parliament bill that would impose strict copyright laws
- Reuters: Prof. Kaye quoted on government restrictions of fake news, freedom of expression
- Reuters: Prof. Kaye op-ed: How to ‘fix’ social media without censorship
- Proceso: Prof. Kaye to meet with Mexico’s president-elect to discuss violence against journalists
- Knight First Amendment Institute Blog: Prof. Kaye: The limits of supply-side internet freedom
- Time: Prof. Kaye comments on Cambodia’s law that prohibits insulting, criticizing its monarchy
- Expresso: Prof. Kaye gives Q&A on the criminalization of misinformation and ‘fake news’
- The Intercept: Prof. Kaye comments on uptick of attacks on journalists in Syria
- Digital Trends: Prof. Kaye says definition of fake news is too broad, requires scrutiny
- Reuters: Prof. Kaye urges Malaysia government not to rush fake news legislation
- CNET: Prof. Kaye comments on Malaysia’s move to make fake news illegal
- Poynter: Prof. Kaye cited in ‘EU fake news roundup’
- Daily Observer: Prof. Kaye comments on Liberia’s progress in freedom of expression, media independence, gov. transparency
- VOA Afrique: Prof. Kaye discusses Liberia’s post-civil war progress, calls for increased transparency
- NEws 24: Prof. Kaye says Liberia needs to expand freedom of expression, media independence, and government transparency
- The Guardian Prof. Kaye comments on Turkish court sentence of journalists to life in prison
- The Independent: Prof. Kaye says use of automated algorithms monitoring online content can lead to over-regulation, incentivized censorship
- Reuters: Prof. Kaye part of U.N. team to issue statement urging Philippines to allow independent news website to operate
- CPJ Blog: Prof. Kaye cited for report on German hate speech law
- Arkansas Online: Prof. Kaye comments on Facebook’s news prioritization system
- The New York Times: Prof. Kaye comments on Facebook’s news credibility ranking system
- Global Investigative Journalism Network: Prof. Kaye op-ed: State Censorship: The Other Travel Ban
- The Takeaway: LISTEN: Prof. Kaye discusses new German hate speech law and its effect on social media
- Kommersant: Prof. Kaye granted permission by European Court of Human Rights to intervene in case involving censorship of websites critical of the Kremlin
- Le Monde: Prof. Kaye discusses violence against Mexican press, recent visit with journalists in Q&A
- Reuters: Prof. Kaye, U.N. team warn Mexico of crisis in journalists' safety
- Index on Censorship: Prof. Kaye op-ed: The other travel ban
- ZDNet: Prof. Kaye sends letter to Apple’s Tim Cook asking about removal of VPN apps from China App Store
- International Bar Association: Prof. Kaye discusses "fake news" and the potential problems with regulating it
- NY Times: Prof. Kaye comments on Nikki Haley presiding over "thematic debate" on human rights
- Jewish Journal: Prof. Kaye writes in support of U.S. re-commitment to UN Human Rights Council
- iAfrikan News: Prof. Kaye condemns Internet shutdown in Cameroon
- The Seattle Times: Prof. Kaye: Other countries will adopt social media scanning policy if the U.S. does
- The Guardian: Prof. Kaye writes: How do you solve a problem like Milo Yiannopoulos at Berkeley?
- ABC Radio (Australia): LISTEN: Prof. Kaye discusses Trump's executive orders, legal challenges, and the rule of law
- CNET: Prof. Kaye urges Obama to consider a pardon for Edward Snowden
- The Independent: Prof. Kaye raises concerns about UK Digital Economy Bill giving government access to viewing habits and citizen data
- The Guardian: Prof. Kaye quoted: British bill requiring age verification on porn websites poses risks to individuals’ privacy
- Reuters: Prof. Kaye writes: The high price of Turkey’s ‘witch-burning’ crackdown
- Just Security: Prof. Kaye writes about government lawyers working for Trump administration
- Financial Times: Prof. Kaye quoted re: “dimunition on the importance of fact” in the media that impacted the presidential election
- UN Web TV: Video of Prof. Kaye press conference before presenting his latest report on freedom of opinion & expression to UN General Assembly
- Reuters: Prof. Kaye quoted re: teen blogger sent to jail in Singapore
- Jewish Journal: Prof. Kaye’s comments on social media at “Fueling Extremism in a Wired World” panel quoted
- Silicon Republic: Prof. Kaye quoted re: weakening of online security caused by intentionally compromising encryption
- U.S. News: Prof. Kaye urges Malaysia government to repeal laws restricting free speech
- Morgenbladet: Prof. Kaye interviewed in Norwegian newspaper re: French counter-terrorism law
- The Guardian: Prof. Kaye and two press freedom groups condemn Turkish government crackdown on media following failed coup
- The Guardian: On podcast, Prof. Kaye discusses UN resolution classifying internet access a basic human right
- Foreign Policy: Article on silencing of Japanese press details Prof. Kaye’s April visit and report
- News Roundup: Prof. Kaye comments in major media on threats to media freedom in Japan
- Financial Times: Prof. Kaye says trends in media independence in Japan are “really worrying,” urges reform of country’s broadcasting law (PDF)
- BuzzFeed News: Prof. Kaye writes amicus brief supporting Apple in legal dispute against FBI
- PRI: Prof. Kaye raises concerns about court ordering Apple to help FBI break into iPhone of San Bernardino shooter
- The Washington Post/Chicago Tribune: Prof. Kaye quoted re: importance of encryption and anonymity for freedom of opinion, expression (PDF)
- Los Angeles Times: Upcoming Freedom of Expression discussion with Dean Chemerinsky, Prof. Kaye, Prof. Wasserstrom and others previewed
