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Friday September 10th, 2010

Lawfare! Panel Two – Debate: Is “Lawfare” a Useful Term?

Moderator:

Daniel Moulthrop, Executive Director, “The Civic Commons,” former producer/host, WCPN 90.3 FM ideastream (NPR Cleveland)

Panelists:

Major General Charles Dunlap, Jr, Deputy Judge Advocate General, U.S. Air Force

Paul Williams, American University, Exec. Dir., Public International Law and Policy Group

Scott Horton, Contributing Editor, Harpers Magazine, Lecturer, Columbia Law School

Leila Nadya Sadat, Washington University School of Law (St. Louis)

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…

Dan Moulthrop is the Curator of Conversation at the Civic Commons, an experimental new project using social media, citizen engagement and new forms of journalism to build connections and enhance collaborative problem solving in Northeast Ohio. In that role, Dan helps to shape journalistic enterprises and public conversations around issues of regional and local importance. The project will officially launch in this fall. Dan is an award-winning public broadcaster who worked at ideastream as the host of 90.3 WCPN’s The Sound of Ideas before joining the Civic Commons. He is the co-author of Teachers Have it Easy: The Big Sacrifices of America’s Teachers, a book that foreshadowed the current national debate over teacher accountability and compensation.

Major General Charles J. Dunlap is Associate Director of the Center on Law, Ethics, and National Security at Duke University. He is a graduate of St. Joseph’s University (PA), and Villanova University School of Law. He is also a distinguished graduate of the National War College (1992). Prior to his retirement in June 2010, General Dunlap served on active duty for more than 34 years as an Air Force Judge Advocate.

In addition to assignments at various locations in the United States, General Dunlap also served in the United Kingdom and Korea, and deployed for various operations in the Middle East and Africa, including short stints in
support of operations Enduring Freedom and Iraqi Freedom. Totaling more than 120 publications, General Dunlap’s writings address a wide range of issues including the law, airpower, counterinsurgency, cyberpower, civil-military relations, and leadership. He speaks frequently at a variety of conferences and at numerous institutions of higher learning, to include Duke, Harvard, Yale, MIT, UVA, and Stanford, as well as National Defense University and the Air, Army, and Navy War Colleges.

Paul R. Williams teaches at the School of International Service and the Washington College of Law, and also directs the joint JD/MA program in International Relations. Prof. Williams is co-founder and Executive Director of the Public International Law & Policy Group (PILPG), a non-profit group, which provides pro bono legal assistance to states and governments involved in peace negotiations, post-conflict constitutions drafting, and war crimes prosecutions.

During the course of his legal practice, Prof. Williams has assisted over a dozen states and governments in major international peace negotiations, and advised 15 governments across Europe, Africa and Asia on issues of state recognition, selfdetermination, and state succession, drafting and implementation of post-conflict constitutions, and border and sea demarcation. Prof. Williams is a leading scholar on peace negotiations and postconflict constitutions and a sought-after international law and policy analyst. He has authored four books on topics of international human rights, international environmental law and international norms of justice, and over two dozen articles on a wide variety of public international law topics. Prof. Williams has been interviewed more than 250 times by major print and broadcast media.

Previously, Professor Williams served in the Department of State’s Office of the Legal Advisor for European and Canadian Affairs, as a Senior Associate with the Carnegie Endowment for International Peace, and as a Fulbright
Research Scholar at the University of Cambridge. He received his Ph.D. from the University of Cambridge (1998), his J.D. from Stanford Law School (1990), and an A.B. from the University of California at Davis (1987).

Scott Horton is a New York attorney known for his work in emerging markets and international law, especially human rights law and the law of armed conflict. Also, he lectures at Columbia Law School. A life-long human rights advocate, Mr. Horton served as counsel to Andrei Sakharov and Elena Bonner, among other activists in the former Soviet Union. He is a co-founder of the American University in Central Asia, and has been involved in some of the most significant foreign investment projects in the
Central Eurasian region. Mr. Horton recently led a number of studies of abuse issues associated with the conduct of the war on terror for the New York City Bar Association, where he has chaired several committees, including, most recently, the Committee on International Law. He is also a
member of the board of the National Institute of Military Justice, the Andrei Sakharov Foundation, the EurasiaGroup and the American Branch of the International Law Association.

Leila Nadya Sadat will be the Alexis de Tocqueville Distinguished Fulbright Chair at the University of Cergy-Pontoise, in Paris, France in Spring 2011. She is also Director of the Crimes Against Humanity Initiative, a three-year project to study the problem and draft a comprehensive convention addressing punishment and prevention. She is an internationally recognized authority in international criminal law and human rights and a prolific scholar, publishing in leading journals in the U.S. and abroad. Her book, The International Criminal Court and the Transformation of International Law: Justice for the New Millennium, (2002) won the “Outstanding Book of the Year” award from the International Association of Penal Law (AIDP, American Branch).

Her most recent articles on the Court include: A Rawlsian Approach to International Criminal Justice and the International Criminal Court; On the Shores of Lake Victoria: Africa and the International Criminal Court; Understanding the Complexities of International Criminal Tribunal Jurisdiction; and The Nuremberg Paradox. Trained in both the French and American legal systems, she is particularly well known for her expertise on the International
Criminal Court. She was a delegate to the U.N. Preparatory Committee and the 1998 Diplomatic Conference in Rome which established the ICC, represented the government of Timor-Leste at the 8th Session of the Assembly of States Parties to the Rome Statute of the ICC, and served as a delegate for the International Law Association (ILA), American Branch at the 2010 ICC Review Conference in Kampala, Uganda. She is Vice-President of the ILA (American Branch) and the AIDP (American Branch), and a member of the American Law Institute. She received her B.A. from Douglass
College, her J.D. from Tulane Law School (summa cum laude) and holds graduate degrees from Columbia University School of Law (LLM, summa cum laude) and the University of Paris I – Sorbonne (diplôme d’études approfondies).