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Friday September 10th, 2010

Lawfare! Panel Four – Lawfare and the Israeli-Palestine Predicament

Moderator:

Milena Sterio, Cleveland-Marshall College of Law, Cleveland State University

Panelists:

William Schabas, Irish Centre for Human Rights, National University of Ireland, Galway

William J. Aceves, associate dean, California Western School of Law

Laurie Blank, Director, International Humanitarian Law Clinic, Emory University School of Law

Michael Newton, Vanderbilt University Law School

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…

Milena Sterio teaches International Law and the International War Crimes seminar. She has published extensively in the areas of international law, international criminal law, and the law of the seas (piracy), and her latest articles will be published by the American University Law Review, the Fordham Journal of International Law, and the Minnesota Journal of International Law. She has lectured on these topics at various law schools in the United States, as well as larger conferences, such as the American Society of International Law Annual Meeting and the AALS Annual Meeting. Prior to becoming a law professor, Milena Sterio was an associate at the international law firm of Cleary Gottlieb Steen & Hamilton LLP, in its New York and Paris offices, where she practiced international litigation and
arbitration. She was also an adjunct professor at Cornell Law School, where she taught the International War Crimes seminar.

Milena Sterio holds a J.D., magna cum laude, from Cornell Law School, as well as a French law degree (“maitrise en droit”) from the University of Paris I-Sorbonne. Milena Sterio also holds a master’s degree in private international law (“D.E.A.”) from the University of Paris I-Sorbonne. She obtained her B.A. in French Literature and Political Science from Rutgers University, summa cum laude.

William A. Schabas holds the chair in human rights law. He is also a Global Legal Scholar at the University of Warwick School of Law, professeur associé at the Université du Québec à Montréal and a visiting fellow at Kellogg College of the University of Oxford. He is a ‘door tenant’ at the chambers of 9 Bedford Row, London. Prof. Schabas holds BA and MA degrees in history from the University of Toronto and LLB, LLM and LLD degrees from the University of Montreal, as well as honorary doctorates in law from Dalhousie University and Case Western Reserve University. Prof. Schabas is the author of 275 articles in academic journals and 21 books about international human rights law, including The International Criminal Court: A Commentary on the Rome Statute (Oxford Univ. Press, 2010) and
Genocide in International Law (Cambridge Univ. Press, 2nd ed., 2009). His writings have been translated into several languages.

From 1991 to 2000, William Schabas was professor of human rights law and criminal law at the Département des sciences juridiques of the Université du Québec à Montréal, a Department he chaired from 1994-1998. He has taught at McGill University, Université de Montréal, Cardozo Law School, LUISS University Rome, Queens University Belfast, Université de Montpellier, Université de Paris X-Nanterre, Université de Paris XI, Université de Paris II PantheonAssas, Dalhousie University, Université de Genève and the National University of Rwanda. In 2002, the President of Sierra Leone appointed Professor Schabas to the country’s Truth and Reconciliation Commission, upon the recommendation of Mary Robinson, the U.N. High Commission for Human Rights. Professor Schabas was named an Officer of the Order of Canada in 2006. He was elected a member of the Royal Irish Academy in 2007.

William J. Aceves is a Professor of Law and Associate Dean for Academic Affairs at California Western School of Law. Professor Aceves frequently works with Amnesty International, the Center for Justice & Accountability, the Center for Constitutional Rights, and the American Civil Liberties Union on projects involving the domestic application of international law. He has also represented several human rights and civil liberties organizations as amicus curiae counsel in cases before the federal courts,
including the U.S. Supreme Court. Professor Aceves is the author of The Anatomy of Torture and the coauthor of The Law of Consular Access. He is also the principal author of the influential Amnesty International USA Safe Haven report. He has published numerous articles on human rights and international law. He served as the co-chair for the 101st Annual Meeting of the American Society of International Law.

Professor Aceves has served on the National Boards for Amnesty International USA and the American Civil Liberties Union. He has also served as the AIUSA Ombudsperson. He currently serves on the Boards of the Center for Justice & Accountability and the International Law Students Association. He is an Affiliated Scholar with the Center for American Progress and a member of the Executive Committee of the American Branch of the International Law Association. Professor Aceves has appeared before the Inter-American Commission on Human Rights, the U.N. Special Rapporteur on Migrants, and the U.S. Commission on Civil Rights.

Laurie R. Blank teaches international humanitarian law and works with students to provide assistance to international tribunals, non-governmental organizations and law firms around the world on humanitarian law and human rights issues. She founded the clinic in 2006-07 to give students opportunities to do real-world work and provide much-needed assistance to these organizations. Earlier, Prof. Blank was a Program Officer in the Rule of Law Program at the U.S. Institute of Peace. At USIP, she directed the Experts’Working Group on International Humanitarian Law, in
particular a multi-year project focusing on New Actors in the Implementation and Enforcement of International Humanitarian Law, and co-founded a project on military training programs in the laws of war.

Prof. Blank is the author of Teaching An Old Dog New Tricks: perationalizing the Law of Armed Conflict in New Warfare (Harvard National Security Journal 2010, with Guiora); The Application of IHL in the Goldstone Report: A Critical Commentary, 12 Yearbook of International Humanitarian Law (2009); Updating the Commander’s Toolbox: New Tools for Operationalizing the Law of Armed Conflict (PRISM, June 2010, with Guiora); Law of War Training: Resources for Military and Civilian Leaders (USIP 2008, with Noone, 2nd ed. 2011). Prof. Blank received a B.A. in Politics from Princeton University, an M.A. in International Relations from The Paul H. Nitze School of Advanced
International Studies at The Johns Hopkins University, and a J.D. from NYU School of Law.

Michael Newton came to Vanderbilt after serving in the Department of Law, U.S. Military Academy. He teaches courses in international law and international criminal law. Prof. Newton has published over 60 articles, editorials, and book chapters in journals such as, inter alia, The International Review of the Red Cross, Cornell International Law Journal, Connecticut Journal of International Law, Military Law Review, The Virginia Journal of International Law, and The Yearbook of International Peacekeeping. He co-authored Enemy of the State: The Trial and Execution of Saddam Hussein, which received the Book of the Year Award from the International Association of Penal Law in 2009. Professor Newton is Senior Editor of the Terrorism International Case Law Reporter.

Prof. Newton negotiated the Elements of Crimes document for the International Criminal Court and coordinated the interface between the FBI and the ICTY while in Kosovo to do forensics fieldwork to support the Milosevic indictment. From 1999 to 2002, he served in the Office of War Crimes Issues, U.S. Department of State. After helping establish the Iraqi High Tribunal, he taught Iraqi jurists and was International Law Advisor to the Judicial Chambers (2006-07). He also was the U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court.

Prof. Newton served in uniform for more than 21 years. He earned his J.D. and L.LM. from University of Virginia School of Law, and a second L.LM from the Judge Advocate General’s School, where he was Professor of International and Operational Law (1996-99). Professor Newton is a member of the International Institute of Humanitarian Law and the International Bar Association. He has made numerous media appearances on inter alia, CNN, BBC, Fox, Court TV, and NPR.