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Friday September 10th, 2010

Lawfare! – Introduction

Dean Robert Rawson, Dean, Case Western Reserve University

Michael P. Scharf, John Deaver Drinko — Baker & Hostetler Professor and Director, Frederick K. Cox International Law Center at Case Western Reserve University School of Law

Michael J. Kelly, Professor, Creighton University School of Law

Friday September 10, 2010, 9:00 a.m.-5:00 p.m.

Sponsored by the Frederick K. Cox International Law Center at Case Western Reserve University School of Law

Co-sponsored by: Inamori International Center for Ethics and Excellence & Institute for Global Security Law and Policy and American Society of International Law American Bar Association, International Education Committee International Association of Penal Law, American National Section International Law Association, American Branch Public International Law and Policy Group and Made possible by a generous grant from the Wolf Family Foundation

Please join us for the first major academic symposia dedicated to exploring the concept of “Lawfare.” Traditionally “Lawfare” was defined as “a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective.” But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel’s tactics challenging the detention of al Qaeda suspects in Guantanamo Bay, and as indicated in the quote above to the controversial Goldstone Commission Report. This symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the “Lawfare” concept.

Additional Information About Our Guests…

Robert Rawson became Interim Dean of the School of Law in December 2008. He is a partner with the Cleveland office of Jones Day where he counsels and litigates issues concerning antitrust and trade regulation. He has significant experience in general commercial litigation and has also had successful appellate arguments in the Second, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits.
For 20 years he served his alma mater, Princeton, as a member of its Board of Trustees, during the last 13, he has been Chairman of the Executive Committee of the Board. He is currently Chairman of the National Civic League and Chairman of the Northeast Ohio Council on Higher Education. He has been a member of the Board of the Lawyers Committee for Civil Rights and is past Chairman of the Cleveland Initiative for Education, which marshals private resources in aid of the Cleveland Public Schools.
A Rhodes Scholar, Mr. Rawson received an M.A. in Philosophy, Politics, and Economics (1968) from Oxford University and his A.B. Phi Beta Kappa (1966) from Princeton. He earned his J.D. (1971) from Harvard University. He is a member of the ABA (Antitrust Law, Litigation, and Law Practice Management Sections), the Ohio State Bar Association (Antitrust Section), the Cleveland Bar Association, and the Bar Association of the District of Columbia.

Michael Scharf directs the Henry T. King, Jr. War Crimes Research Office and the Summer Institute for Global Justice in The Netherlands, and serves as U.S. director of the Canada-U.S. Law Institute. In February 2005, Prof. Scharf and the Public International Law and Policy Group, a Non-Governmental Organization that he co-founded and directs, were nominated for the Nobel Peace Prize by six governments and the Prosecutor of an International Criminal Tribunal for the work they have done to help in the prosecution of major war criminals, such as Slobodan Milosevic, Charles Taylor, and Saddam Hussein. During the first Bush and Clinton Administrations, Prof. Scharf served in the Office of the Legal Adviser of the U.S. Department of State, where he held the positions of Attorney-Adviser for Law Enforcement and Intelligence, Attorney-Adviser for U.N. Affairs, and delegate to the U.N. Human Rights Commission.
Judicial clerk to Judge Gerald Bard Tjoflat on the Eleventh Circuit Federal Court of Appeals, Prof. Scharf has testified before the U.S. Senate Foreign Relations Committee and the House Armed Services Committee and is the author of
over 70 scholarly articles and 13 books, including three that have won national book of the year honors. Recipient of the Case Western Reserve University School of Law Alumni Association’s 2005 “Distinguished Teacher Award” and
Ohio Magazine’s 2007 “Excellence in Education Award,” Prof. Scharf teaches International Law, International Criminal Law, the Law of International Organizations, and the War Crimes Research Lab. During a sabbatical in 2008, he served as Special Assistant to the Prosecutor of the Cambodia Genocide Tribunal. He received his B.A. (1985), Order of the Coif, and his J.D. (1988) from Duke University.

Michael J. Kelly joined the Creighton faculty in 2001. He is Chair of the Association of American Law Schools Section on National Security Law and president of the U.S. National Chapter of L’Association International du Droit Pénal. His research and teaching focuses on international and comparative law and Native American law. Earlier, he was an attorney with the Indiana Department of Environmental Management and taught at Michigan State University College of Law.
Prof. Kelly has presented his views on U.N. Security Council reform to the Academic Council of the U.N. System in New York and has consulted with the Kurdish regional parliament in Erbil on drafting their new constitution under the federal law of Iraq. His op-eds have appeared in the Los Angeles Times, Houston Chronicle, San Diego Union Tribune, Detroit News, Chicago Sun-Times, Philadelphia Inquirer, and Omaha World Herald; and he is a Contributing Editor of the online legal newspaper JURIST. Prof. Kelly’s books include The Resolution of Outstanding Property Claims Between Cuba & the United States (Creighton University Press 2007); Ghosts of Halabja: Saddam Hussein & the Kurdish Genocide (Praeger 2008, foreword by Judge Ra’id Juhi al-Saedi); Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide (Peter Lang 2005, with a foreword by Archbishop Desmond Tutu); and Equal Justice in the Balance: America’s Legal Responses to the Emerging Terrorist Threat (University of Michigan Press 2004).
Prof. Kelly received his LL.M. in International & Comparative Law from Georgetown University and his J.D. and B.A. from Indiana University, where he was an editor of the Indiana International & Comparative Law Review and president of the Student Bar Association.