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Law of War

Courthouse Steps: Ziglar v. Abbasi

International & National Security Law Practice Group Teleforum Friday, January 27, 02:00 PMFederalist Society Teleforum Conference Call

Ziglar v. Abbasi is the result of over a decade of remands and appeals. The case was originally filed by the Center for Constitutional Rights on behalf of incarcerated Muslim, South Asian, and Arab non-citizens who were targeted after 9/11 by law enforcement as “terrorism suspects.” The defendants in the case, high level officials in the Bush administration, such as Attorney General John Ashcroft and FBI director Robert Mueller, and low level detention officials, filed a motion to dismiss which was rejected by the in the District Court.

In 2009, the Supreme Court decided in Ashcroft v. Iqbal that government officials were not liable for discriminatory actions of their subordinates without evidence they directly ordered the actions. Meanwhile, five of the petitioners in Ziglar settled with the government, and the case was remanded to the District Court and amended. In 2010, the District Court granted a new motion of dismissal, but only for the high level officials. This dismissal was reversed by the Second Circuit and then the government petitioned the Supreme Court for review.

Professor Jamil Jaffer will join us to discuss the oral argument of this case, which was held on January 18.

Featuring:

  • Prof. Jamil N. Jaffer, Adjunct Professor of Law and Director, Homeland and National Security Law Program, George Mason University School of Law and former Chief Counsel and Senior Advisor, Senate Foreign Relations Committee

The Second Annual Mike Lewis Memorial Teleforum

International & National Security Law Practice Group Teleforum Tuesday, January 24, 01:00 PMFederalist Society Teleforum Conference Call

In the summer of 2015, the Federalist Society lost a great friend with the passing of Professor Michael W. Lewis. Professor Lewis was a veteran, a scholar, and a loving father and husband. His specialties were in the areas of the law of armed conflict and International Humanitarian Law. Last year, the Mike Lewis Memorial Teleforum focused on the U.S. Department of Defense Law of War Manual. This year, our experts will discuss the White House Report on the Use of Force.

In December 2016, the Obama Administration released a comprehensive report on the "legal and policy frameworks" governing the use of military force.  The report sets forth the Obama Administration's view of the domestic and international legal bases for military operations against terrorist groups; the law of armed conflict and targeting in those operations; detention; civilian casualties; interrogation; and other related issues.  This Teleforum will analyze the document's description of the applicable law, but will also consider why the Obama Administration chose to release this unusual document at this point and what effect (if any) it will have on policy and practice going forward.

Featuring:

  • Mr. Steven G. Bradbury, Partner, Dechert LLP
  • Mr. Phillip Carter, Senior Fellow & Director of the Military, Veterans, and Society Program, Center for a New American Security
  • Adam Klein, Senior Fellow, Center for a New American Security

The Siege of Aleppo and War Crimes - Podcast

International & National Security Law Practice Group Podcast
Laurie R. Blank, Michael A. Newton December 02, 2016

For months, Syrian and Russian warplanes have bombed Aleppo, killing and wounding residents. Russian officials have referred to the siege as “diplomacy backed by force.”  The US Ambassador to the UN has called it “barbarism.”  The US and France have called for a War Crimes investigation, but any meaningful action at the UN has been blocked by Russia’s place on the Security Council.  In this Teleforum, two distinguished professors with extensive practical experience examined the status of the siege under the Law of Armed Conflict and International Humanitarian Law.

Featuring:

  • Prof. Laurie R. Blank, Clinical Professor of Law, Emory University School of Law
  • Michael A. Newton, Professor of the Practice of Law Director, Vanderbilt-in-Venice Program, Vanderbilt University Law School

 

Mike Lewis Memorial Teleforum: Defining the Law of War - Podcast

International & National Security Law Practice Group Podcast
Charles J. Dunlap, Michael A. Newton, Jeremy A. Rabkin January 19, 2016

“The law of war is of fundamental importance to the Armed Forces of the United States. The law of war is part of who we are.” So begins the new U.S. Department of Defense Law of War Manual, published last June, which had not been updated for nearly 60 years. At 1180 single-spaced pages and with 6,916 footnotes, the manual would seem to be thorough and exhaustive. Our experts will critique the Department of Defense Manual. Does it provide the guidance necessary to troops on the ground, commanders, and all actors in between? How does it address modern warfare, terrorism, and asymmetrical war? How does it define lawful and unlawful belligerents? What does it say about interrogation and detention? These and other questions were addressed by our experts.

Featuring:

  • Maj. Gen. Charles Dunlap, Professor of the Practice of Law Executive Director, Center on Law, Ethics and National Security, Duke University School of Law
  • Prof. Michael A. Newton, Professor of the Practice of Law, Vanderbilt University Law School
  • Moderator: Prof. Jeremy Rabkin, Professor of Law, George Mason University School of Law

“Power Wars”: Inside the War on Terror - Podcast

International & National Security Law Practice Group Podcast
Charlie Savage, Paul Rosenzweig December 18, 2015

Charlie Savage, the New York Times Pulitzer Prize winning journalist, has just released his new book, "Power Wars." The book is an examination of the legal issues surrounding the War on Terror as practiced in the Obama Administration. Following up on his earlier examination of the Bush White House, this book takes us behind the scenes into the heart of the legal debates. Readers get a front row seat to watch as President Obama and his lawyers consider whether it is lawful to send a SEAL team strike into Pakistan to hunt down Osama bin Laden. They see the cross currents at play in debates over NSA surveillance and drone strikes in Yemen, and much more.

Featuring:

  • Charlie Savage, Washington Correspondent, New York Times
  • Paul Rosenzweig, Principal, Red Branch Law & Consulting PLLC