Is “Lawfare” a Useful Term?

FRI, SEP 10, 2010 (1:12:05)

This program is 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 Conference and Experts Meeting, features two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, that examine the usefulness and appropriate application of the “Lawfare” concept.

+ BIO: Dan Moulthrop

Dan Moulthrop is the founding host of The Sound of Ideas, which airs weekday mornings at nine. He joined ideastream in 2005 as WCPNs local anchor of Morning Edition. Prior to joining ideastream, Dan lived in the San Francisco Bay area where worked on print, television and video projects, including co-authoring Teachers Have it Easy: The Big Sacrifices and Small Salaries of Americas Teachers (with Ninive Calegari and Dave Eggers; The New Press, 2005). He holds a masters in journalism from the University of California, Berkeley. Before turning to journalism, he taught English at San Lorenzo High School in California and a variety of subjects at the San Francisco County Jail. Dans journalistic work has been recognized by Public Radio News Directors, Inc., The Society of Professional Journalists, and the Press Club of Cleveland, among other organizations. Dan lives in Shaker Heights with his wife Dorothy and their three children.

+ BIO: Charles Dunlap Jr.

Maj. Gen. Charles J. Dunlap Jr. is Deputy Judge Advocate General, Headquarters U.S. Air Force, Washington, D.C. General Dunlap assists The Judge Advocate General in the professional oversight of more than 2,200 judge advocates, 350 civilian attorneys, 1,400 enlisted paralegals and 500 civilians assigned worldwide. In addition to overseeing an array of military justice, operational, international and civil law functions, General Dunlap provides legal advice to the Air Staff and commanders at all levels.

General Dunlap was commissioned through the ROTC program at St. Joseph's University, Pa., in May 1972, and was admitted to the Bar of the Supreme Court of the Commonwealth of Pennsylvania in 1975. The general has 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. He has led military delegations to Uruguay, the Czech Republic, South Africa, Colombia and Iraq. Prior to assuming his current position, General Dunlap served as the Staff Judge Advocate at Headquarters Air Combat Command.

General Dunlap speaks widely throughout the defense and public policy communities on legal and national security issues. He also speaks at a variety of conferences and at numerous institutions of higher learning, to include Harvard, Yale, Duke, and Stanford, as well as National Defense University and the Air, Army and Navy War Colleges. His publications range from monographs, law review articles and book chapters to professional and general interest publications, op-eds and book reviews. Totaling more than 120 publications, General Dunlap's writings address a wide range of issues including the law, leadership, civil-military relations, airpower, cyberpower and counterinsurgency.

+ BIO: Scott Horton

Scott Horton is a Contributing Editor of Harper's Magazine and writes No Comment for the Harper's Magazine web site.

A New York attorney known for his work in emerging markets and international law, especially human rights law and the law of armed conflict, Horton lectures at Columbia Law School. A life-long human rights advocate, 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. 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.

+ BIO: Leila Nadya Sadat

Professor Leila Nadya Sadat is the Henry H. Oberschelp Professor of Law at Washington University School of Law and the Director of the Whitney R. Harris World Law Institute. She will be the Alexis de Tocqueville Distinguished Fulbright Chair at the University of Cergy-Pontoise, in Paris, France in Spring 2011. She is also the Director of the Crimes Against Humanity Initiative, a three-year project to study the problem of crimes against humanity and draft a comprehensive convention addressing their 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 United States and abroad. She is the author of The International Criminal Court and the Transformation of International Law: Justice for the New Millennium, published in 2002 and awarded the “Outstanding Book of the Year” by the International Association of Penal Law (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, Sadat brings a cosmopolitan perspective to her work. She is particularly well known for her expertise on the International Criminal Court. She was a delegate to the U.N. Preparatory Committee and to 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, American Branch at the 2010 ICC Review Conference in Kampala, Uganda. She currently serves Vice-President of the International Law Association (American Branch) and the International Association of Penal Law (AIDP), and is a member of the American Law Institute. She has also served as a member of the Executive Council, Executive Committee, Program Committee and Awards Committee for the American Society of International Law.

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).

Case Western Reserve University
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