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Friday September 10th, 2010

Lawfare! Panel Three – Lawfare and War Crimes Tribunals


Michael Kelly, Professor Creighton University School of Law


Hon. James Ogoola, Principal Judge, Ugandan High Court

Robert Petit, former International Prosecutor, Cambodia Tribunal, Counsel, War Crimes Section, Federal
Department of Justice, Canada

David Crane, founding Prosecutor, Special Court for Sierra Leone, Syracuse University College of

Jens Meierhenrich, London School of Economics & Political Science, author, Lawfare: The
Formation and Deformation of Gacaca Jurisdictions in Rwanda

Amb. David Scheffer, Northwestern University School of Law, former U.S. Ambassador at Large for War
Crimes Issues

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…

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.

James Ogoola became Principal Judge of the Ugandan Judiciary in 1998. He is also Justice of Appeal for the East African Court of Justice 2009 to 2016 and Lord Justice, COMESA Court of Justice from 1999 to 2013. Justice Ogoola has been Senior Legal Counsel to the International Monetary Fund in Washington DC and Paris, France from 1974 to 1998. In addition, he has been Chairman of the Transitional Justice Working Group in Uganda, since 2008.

Justice Ogoola was an Associate Professor of International Finance Law at American University School of Law from 1980 to 1982 and Principal Legislative Draftsman for the Uganda government from 1969 to 1974. His other positions include: Chairman of the Judicial Commission of Inquiry into Mismanagement of HIV/AIDS Funds in Uganda in 2005 and Chairman of the Judicial Commission of Inquiry into Failed Banks in Uganda in 2000.

Justice Ogoola has translated the Bible into his mother tongue, Lusamia. The translation was launched in July 2008.

Robert Petit was called to the Bar in 1988 and started his legal career as a Crown Prosecutor in Montreal for eight years eventually focusing on organised criminality and complex cases. From 1996 to 1999, he embarked on an international career starting as a Legal Officer in the Office of the Prosecutor of the International Criminal Tribunal for Rwanda. Subsequently between 1999 and 2004, he was a Legal Advisor for the United Nations Interim Administration Mission in Kosovo, a Prosecutor for
the Serious Crimes Unit of the United Nations Missions of Support to East Timor, and a Senior Trial Attorney with the Office of the Prosecutor of the Special Court for Sierra Leone. In 2006, he was named by the United Nations as International Co Prosecutor of the Extraordinary Chambers in the Courts of Cambodia a position he held until September 2009 when he returned to Canada and his current position as Counsel with the War Crimes Section of Canada’s Federal Department of Justice.

David M. Crane was appointed a professor of practice at Syracuse University College of Law in 2006 after having been a distinguished visiting professor for a year. He was the founding Chief Prosecutor of the Special Court for Sierra Leone (2002-05), appointed by the Secretary General of the U.N., Kofi Annan. With the rank of Undersecretary General, Prof. Crane’s mandate was to prosecute those who bear the greatest
responsibility for war crimes, crimes against humanity, and other serious violations of international human rights committed during the civil war in Sierra Leone during the 1990’s. Among those he indicted was the President of Liberia, Charles Taylor, the first sitting African head of state to be held accountable. Prof. Crane was the first American since Justice Robert Jackson and Telford Taylor at Nuremberg, in 1945, to be Chief Prosecutor of an international war crimes tribunal.

Appointed to the U.S. Senior Executive Service in 1997, Prof. Crane has held numerous key positions, including Senior Inspector General, Department of Defense; Assistant General Counsel of the Defense, Intelligence Agency; and Waldemar A. Solf Professor of International Law at the U.S. Army Judge Advocate General’s School. Prof. Crane teaches international criminal law, international law, international humanitarian law, and national security law. He is on the faculty of the Institute for National Security and Counterterrorism, a joint venture with the Maxwell School of Public Citizenship at Syracuse University. Prof. Crane is on the leadership council of the American Bar Association’s International Law Section and is Chairman of its Blue Ribbon Panel on the International Criminal Court’s 2010 Review
Session. He is a Fellow of the American Bar Association. In 2006-07, he founded Impunity Watch ( a law review and public service blog.

Prior to joining the London School of Economics, Jens Meierhenrich taught at Harvard University. He is the author of numerous articles and books, including The Rationality of Genocide, The Structure of Genocide, and The Culture of Genocide (all forthcoming from Princeton University Press) as well as Genocide: A Very Short Introduction and Genocide: A Reader (both forthcoming from Oxford University Press). He just completed his book Lawfare (under review) and also recently authored The Legacies of Law (Cambridge University Press), which won the American Political Science Association’s 2009 Woodrow Wilson Foundation Award for the “best book published in the United States during the previous year in politics, government, or international affairs.” A Rhodes Scholar, he
recently served in Trial Chamber II of the International Criminal Tribunal for the former Yugoslavia, and previously worked with Luis Moreno Ocampo, the Chief Prosecutor of the International Criminal Court.

David Scheffer teaches International Human Rights Law, International Criminal Law, and Corporate Human Rights Responsibility. He supervises the International Externship Program and in 2007-08, received the Dean’s Teaching Award. Prof. Scheffer was previously the U.S. Ambassador at Large for War Crimes Issues (1997-2001) and led the U.S. delegation in U.N. talks establishing the International Criminal Court. During his ambassadorship, he negotiated and coordinated U.S. support for the
establishment and operation of international and hybrid criminal tribunals and U.S. responses to atrocities. During the first term of the Clinton Administration, he was senior adviser and counsel to the U.S. Representative to the U.N., Dr. Madeleine Albright. Prof. Scheffer recently held visiting professorships at Georgetown and George Washington University. Earlier he taught at Duke and Columbia University School of International and Public Affairs. He has published extensively on international legal and political issues and appears regularly in the national
and international media. Member of the New York and DC Bars, the American Society of International Law (formerly serving on the Executive Council), and the Council on Foreign Relations, he was Chairman of the Board of Directors of the International Law Students Association (2004-08).

He earned his AB from Harvard University, his BA (Honour School of Jurisprudence), Oxford University and LLM, Georgetown University. Prof. Scheffer has been a Senior Fellow, U.S. Institute of Peace; Senior Vice President, U.N. Association of the U.S.A.; Senior Associate, Carnegie Endowment for International Peace; Senior Consultant, Committee on Foreign Affairs, U.S. House of Representatives; International Affairs Fellow, Council on Foreign Relations; and Associate, Coudert Brothers.