Frederick K. Cox International Law Center
Frederick K. Cox International Law Center





Case Western Reserve University School of Law
2008 Jessup International Moot Court World Championship Team.

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War Crimes Research Symposium 10

"LAWFARE!"
September 10-11, 2010
Friday 9:00 AM - 5:00 PM
(CLE credit) * Moot Courtroom (A59) * Webcast Live
Saturday 9:00 - 11:30 AM
(no CLE credit) * Room A61/62

Cosponsors: Institute for Global Security Law and Policy and the Inamori International Center for Ethics and Excellence, Case Western Reserve University School of Law and the American Society of International Law, American Bar Association (International Education Committee), International Association of Penal Law (American National Section), International Law Association (American Branch) and the Public International Law and Policy Group. And made possible by a generous grant from the Wolf Family Foundation
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About the Symposium:
“Our Strength as a nation state will continue to be challenged by those who employ a strategy of the weak using international fora, judicial processes, and terrorism.” Department of Defense, The National Defense Strategy of the United States of America (2005).

“‘We face three major strategic challenges,’ Prime Minister Benjamin Netanyahu said recently. ‘The Iranian nuclear program, rockets aimed at our civilians and Goldstone.’” New York Times, January 23, 2010.

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 Conference 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.
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AGENDA
Friday, September 10 – Symposium
(CLE credit)
Moot Courtroom (A59)

8:30-9:00 AM: Registration and Coffee - Ground floor rotunda

9:00-9:15 AM: Introduction
Dean Robert Rawson
, Case Western Reserve University School of Law
Prof. Michael Scharf, director, Cox Center
     Case Western Reserve University School of Law
Prof. Michael Kelly, president, AIDP, Creighton University School of Law

9:15-9:45 AM: Historical and Semiotic Origins of “Lawfare”
Moderator: Prof. Tawia Ansah, Visiting Professor, Case Western Reserve University School of Law
Prof. Wouter Werner, VU University, Amsterdam
Prof. Susan Tiefenbrun, Thomas Jefferson School of Law

9:45-10:00 AM Break

10:00 AM-11:15 AM: Debate: Is “Lawfare” a Useful Term?
Moderator: Daniel Moulthrop, Executive Director, "The Civic Commons," former producer/host, WCPN 90.3 FM ideastream (NPR Cleveland)
PRO: 
Major General Charles Dunlap, Jr., Deputy Judge Advocate General, U.S. Air Force
Prof. Paul Williams, American University,
     Exec. Dir., Public International Law and Policy Group
CON:
Scott Horton
, Contributing Editor, Harpers Magazine, Lecturer, Columbia Law School
Prof. Leila Nadya Sadat, Washington University School of Law (St. Louis)

11:15-11:30 AM Break

11:30- 1:00 PM: Panel – Lawfare and War Crimes Tribunals
Moderator: Prof. Michael Kelly
Hon. James Ogoola, Principal Judge, Ugandan High Court
Robert Petit, former International Prosecutor, Cambodia Tribunal,
      Counsel, War Crimes Section, Federal Department of Justice, Canada
Prof. David Crane, founding Prosecutor, Special Court for Sierra Leone,
      Syracuse University School of Law
Prof. Jens Meierhenrich, London School of Economics and 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

1:00-2:00 PM Lunch (provided)

2:00-3:15 PM: Panel – Lawfare and the Israeli-Palestine Predicament
Moderator: Prof. Milena Sterio, Cleveland-Marshall College of Law,
     Cleveland State University
Prof. William Schabas, Irish Centre for Human Rights,
      National University of Ireland, Galway
Prof. William J. Aceves, associate dean, California Western School of Law
Prof. Laurie Blank, Emory University School of Law
Prof. Michael Newton, Vanderbilt University Law School

3:15-3:30 PM Break

3:30 PM-4:50 PM: Roundtable Discussion – Lawfare and the War on Terror
Moderator: Prof. Jonathan Adler, Case Western Reserve University School of Law
Prof. Melissa Waters, Washington University School of Law (St. Louis)
Sandy Hodgkinson, former Deputy Assistant Secretary of Defense for Detainee Affairs,
      U.S. Dept. of Defense
Prof. David Frakt, former Lead Defense Counsel, Military Commissions,
      Guantanamo Bay, Barry University School of Law
Michael Lebowitz, Prosecutor, Office of Military Commissions, Guantanamo Bay

4:50-5:00 PM: Closing Remarks
Prof. Shannon French, PhD
, director, Inamori International Center for Excellence and Ethics, Case Western Reserve University

5:00-5:30 PM Reception

Saturday, September 11 – Experts Meeting (no CLE credit)
Room A64

This event is for symposium speakers and other invited experts. It is open to the public as observers

Developing the Law of Lawfare: Parallels to Jus Ad Bellum and Jus In Bello
Chair: Elizabeth Andersen, Executive Director of the American Society of International Law

9:00-10:00 AM: Initial Presentations:
Prof. Orde Kittrie,
Arizona State University, Sandra Day O’Connor College of Law
Prof. Jamie Williamson, Regional Legal Advisor, International Committee of the Red Cross – ICRC
Captain Gregory Noone, U.S. Navy Reserve, assistant professor, Fairmont State University

10:00-11:30 AM: Discussion

The Cox Center awards up to 35 grants every summer to support international law internships around the globe.