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Law of War

National Insecurity: Is the Law the Enemy's Weapon? - Event Audio/Video

2015 National Security Symposium
Andrew C. McCarthy May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this luncheon address during the 2015 National Security Symposium on April 29 in Washington, D.C.

Luncheon Address: "National Insecurity: Is the Law the Enemy's Weapon?"
11:45 a.m. - 1:00 p.m.

  • Andrew C. McCarthy, Senior Fellow, National Review Institute

April 29, 2015
Washington, DC

Are We @Cyberwar, and If So, How Should We Fight It? - Event Audio/Video

2015 National Security Symposium
Stewart A. Baker, Eric Jensen, Catherine B. Lotrionte, John C. Yoo, Jeremy A. Rabkin May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Panel II: "Are We @Cyberwar, and If So, How Should We Fight It?"
10:30 a.m. - 11:45 a.m.

Several significant cyber incidents, including the recent Sony hack, have been attributed to nation-states or groups closely associated with nation-states.  The Intelligence Community's most recent Worldwide Threat Assessment predicts "an ongoing series of low-to-moderate level cyber attacks from a variety of sources over time, which will impose cumulative costs on U.S. economic competitiveness and national security."  It identifies Russia, China, Iran and North Korea as Threat Actors.  An expert panel will analyze whether any cyber incidents should be considered acts of war, whether U.S. responses be governed by the Law of Armed Conflict, what kinds of incidents warrant responses, and what those responses might be.

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP, former Assistant Secretary of Policy, Department of Homeland Security, and former General Counsel, National Security Agency
  • Prof. Eric Talbot Jensen, Brigham Young University Law School, and former Chief, International Law, Office of The Judge Advocate General, U.S. Army
  • Catherine B. Lotrionte, Director, CyberProject, School of Foreign Service, Georgetown University, and former former Counsel to the President's Foreign Intelligence Advisory Board, former Assistant General Counsel, Office of General Counsel, Central Intelligence Agency
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law, former Deputy Assistant U.S. Attorney General, Office of Legal Counsel
  • Moderator: Prof. Jeremy A. Rabkin, George Mason University School of Law

April 29, 2015
Washington, DC

America In Retreat: The New Isolationism and the Coming Global Disorder - Podcast

International & National Security Law Practice Group Podcast
Bret Stephens December 19, 2014

In December 2011 the last American soldier left Iraq. “We’re leaving behind a sovereign, stable, and self-reliant Iraq,” boasted President Obama. He was proved devastatingly wrong less than three years later as jihadists seized the Iraqi city of Mosul. The event cast another dark shadow over the future of global order—a shadow, which, Bret Stephens, Deputy Editorial Page Editor and Foreign Affairs Columnist for The Wall Street Journal, argues, we ignore at our peril.

America in Retreat: The New Isolationism and the Coming Global Disorder identifies a profound crisis on the global horizon. As Americans seek to withdraw from the world to tend to domestic problems, America’s adversaries spy opportunity. Vladimir Putin’s ambitions to restore the glory of the czarist empire go effectively unchecked, as do China’s attempts to expand its maritime claims in the South China Sea, as do Iran’s efforts to develop nuclear capabilities. Civil war in Syria displaces millions throughout the Middle East while turbocharging the forces of radical Islam. Long-time allies such as Japan, Saudi Arabia, and Israel, doubting the credibility of American security guarantees, are tempted to freelance their foreign policy, irrespective of U.S. interests.

Mr. Stephens argues for American reengagement abroad. He explains how military intervention in Iraq and Afghanistan was the right course of action, foolishly executed. He traces the intellectual continuity between anti-interventionist statesmen such as Henry Wallace and Robert Taft in the late 1940s and Barack Obama and Rand Paul today. And he makes an unapologetic case for Pax Americana, “a world in which English is the default language of business, diplomacy, tourism, and technology; in which markets are global, capital is mobile, and trade is increasingly free; in which values of openness and tolerance are, when not the norm, often the aspiration.”

In a chapter imagining the world of 2019, Mr. Stephens shows what could lie in store if Americans continue on their current course. Yet we are not doomed to this future. Mr. Stephens makes a passionate rejoinder to those who argue that America is in decline, a process that is often beyond the reach of political cures. Instead, we are in retreat—the result of faulty, but reversible, policy choices. By embracing its historic responsibility as the world’s policeman, America can safeguard not only greater peace in the world but also greater prosperity at home.

  • Bret L. Stephens, Deputy Editorial Page Editor, Foreign Affairs Columnist, The Wall Street Journal

IS It Legal? Legal Authority for the Campaign Against the Islamic State - Event Audio/Video

DC Young Lawyers Chapter and The Alexander Hamilton Society
John Bellinger, Steven G. Bradbury, Rachel Brand, Sarah Hawkins Warren October 24, 2014

The Federalist Society's DC Young Lawyers Chapter and The Alexander Hamilton Society co-hosted this event on October 22, 2014, at the Mayflower Hotel in Washington, DC.

Featuring:

  • John Bellinger, Partner, Arnold & Porter and former Legal Advisor to the Department of State (2005 -2009)
  • Steve Bradbury, Partner, Dechert LLP and former Head of the Office of Legal Counsel, U.S. Department of Justice (2004-2009)
  • Moderator: Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy, U.S. Department of Justice
  • Introduction: Sarah Hawkins Warren, Partner, Kirkland & Ellis LLP and President, DC Young Lawyers Chapter

The Mayflower Hotel
Washington, DC

Dealing with Putin’s Russia: What is the Best Approach? - Podcast

International & National Security Law Practice Group Podcast
Brian H. Hook, Heather Hurlburt August 05, 2014

From the time he entered office after being tapped by Boris Yeltsin to succeed him, President Vladimir Putin’s overarching objective was to consolidate power – at home and abroad.  From earlier focuses on the Russian economy and quashing internal rivals, President Putin now seeks to recover geo-strategic assets lost in the Soviet collapse, which he called “the greatest geo-political catastrophe of the 20th century.”

President Putin's adventurism in the “post-Soviet space” was previously limited to cyber-activities in the Baltics, widespread regional economic and security pressure, and the 2008 invasion of Georgia.  But in 2014 he aimed far higher by invading and annexing Crimea and then destabilizing eastern Ukraine.  The downing of Malaysia Airlines Flight MH17 by Russian-backed separatists in Ukraine has caused the West to re-assess its overall approach to Russia.

What is President Putin up to? How far will he go?  What should the United States do to deter President Putin's ambitions to make Russia the dominant power in Eurasia?  And what are our European allies willing to do?

  • Hon. Brian H. Hook, Founder, Latitude, LLC and former Assistant U.S. Secretary of State for International Organization Affairs
  • Ms. Heather Hurlburt, Senior Fellow in National Security, Human Rights First