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 Symposium05

Frederick K. Cox International Law Center War Crimes Research Symposium
Co-sponsored by the Institute for Global Security Law and Policy

VIEW ARCHIVED WEBCAST (from October 7, 2005 event):

 

- A Centennial Regional Meeting of the American Society of International Law
- Regional Conference of the International Law Association (American Branch)
- Annual Meeting of the International Association of Penal Law (American National Section)


* Made possible through a generous grant from the Wolf Family Foundation *
Its main beneficiaries have been local religious, medical, arts, and education institutions, which receive funding primarily to assist and promote research, education, understanding, and the social needs of the community.


In the aftermath of 9/11, many Americans across the political spectrum felt that it would be appropriate for the United States to use unconventional methods of obtaining information from suspected terrorists in order to prevent another major attack. But shocking revelations emerging from U.S. detention centers in Guantanamo Bay, Iraq, and Afghanistan, as well as the disclosure of the practice known as "extraordinary rendition" in which suspected terrorists are sent for interrogation to countries the U.S. Department of State condemns for human rights abuses, has transformed "torture and the war on terror" into one of the most controversial issues of our time. Are such practices moral, legal, effective, and sound policy? If not, what domestic and international fora are most appropriate for challenging them? These questions will be addressed in a day-long conference featuring former government and international organization officials, prominent academics, and leading practitioners in the field.

Symposium Co-Chairs:
Professor Michael P. Scharf, Director, Frederick K. Cox International Law Center
Professor Amos Guiora, Director, Institute for Global Security Law and Policy
Professor Robert Strassfeld, Case School of Law
Associate Professor William Carter, Case School of Law
Assistant Professor Jessie Hill, Case School of Law, Assistant Director, Institute for Global Security Law and Policy

SCHEDULE
8:30 a.m. - 8:45 a.m. Welcome and Introduction
Hiram Chodosh, Associate Dean and Joseph C. Hostetler—Baker & Hostetler Professor, Case School of Law
Michael P. Scharf, Director of the Frederick K. Cox International Law Center; President of the American National Section of the AIDP

8:45 a.m. - 9:30 a.m. Keynote Address: “Torturing the Law”
Professor Jose E. Alvarez, President Elect of the American Society of International Law

9:30 a.m. - 10:45 a.m. Panel I: “What’s Wrong with Torture?”
Moderator: Professor Robert Lawry, Case School of Law; Director, Center for Professional Ethics, Case
“Defining Torture” – Professor David Sussman, University of Illinois
“Exceptionalism 3: Torture American Style” – Professor Henry Shue, Oxford University
“Torture: Morality and Convention” – Professor Jeff McMahan, Rutgers University

11:00 a.m. - 12:15 p.m. Panel II: “Outsourcing Torture and Extraordinary Rendition”

Moderator: Assistant Professor Jessie Hill, Case School of Law
“War by Proxy: Legal and Moral Duties of ‘Other Actors’ Derived from Government Affiliation” – Professor Michael Newton, West Point, former Deputy to Ambassador at Large for War Crimes Issues
“Torture and Contract” – Professor Laura Dickinson, University of Connecticut School of Law
“American Innocence” – Professor Robert Strassfeld, Case School of Law

12:45 p.m. - 2:00 p.m. Lunch Debate: “The White House Torture Memos”
Moderator: 2005 AIDP Article of the Year Award winner Diane Amann, Professor of Law, University of California, Davis
-Professor Leila Nadya Sadat, Washington University School of Law
-Andrew McCarthy, AUSA who prosecuted the first World Trade Center bombing
-Elisa Massimino, Washington Director and chief advocacy strategist, Human Rights First, formerly Lawyers Committee for Human Rights

2:15 p.m. - 3:30 p.m. Panel III: “Suppressing Torture: The Role of International Law and Organizations”
Moderator: Professor Amos Guiora, Case School of Law
“Combating Terrorism: Zero Tolerance for Torture” – Justice Richard Goldstone, former Prosecutor of the International Criminal Tribunal for the former Yugoslavia and Rwanda and member of the South Africa Constitutional Court
"Prosecution of Torture by the International Criminal Tribunals" – William Schabas, Professor and Director of the Irish Centre for Human Rights and member of the Sierra Leone Truth Commission
“Woe to Him Who Would Be True, Though to Be False Were Salvation” – Andre M. Surena, former Assistant Legal Adviser for Human Rights, U.S. Department of State

3:45 p.m. - 5:00 p.m. Panel IV: “Adjudicating Torture in American Courts”
Moderator: Associate Professor William Carter, Case School of Law
"Why Not the Courts" – Admiral (ret.) John Hutson, former Judge Advocate General of the U.S. Navy, Dean of Franklin Pierce Law Center and Plaintiffs attorney in the case against Donald Rumsfeld
"ATCA and the Duty to Provide Effective Remedies" – Elisa Massimino, Washington Director and chief advocacy strategist, Human Rights First (formerly Lawyers Committee for Human Rights)
“Torture and the Quest for a Neutral Forum” – Julian G. Ku, Professor, Hofstra University School of Law

5:00 p.m. - 5:30 p.m. “Legal, Moral, and Policy Implications of Torture as State Policy and Practice”
Introduction: 2005 AIDP Book of the Year Award winners Professor Ellen Podgor, Georgia State University College of Law, and Professor Roger Clark, Rutgers School of Law - Camden
Speaker: M. Cherif Bassiouni, Professor DePaul University, formerly UN Rapporteur for Afghanistan

Publication - The symposium will be published in Case Western Reserve Journal of International Law Vol. 37, Number 2/3. For single issue purchase info: http://www.law.case.edu/student_life/journals/jil/subscribe.htm
The Cox Center awards up to 35 grants every summer to support international law internships around the globe.