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Lawfare and the Israeli-Palestine Predicament

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Date and time
Friday, September 10, 2010

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.

Milena Sterio teaches International Law and the International War Crimes seminar. She has published extensively in the areas of international law, international criminal law, and the law of the seas (piracy), and her latest articles will be published by the American University Law Review, the Fordham Journal of International Law, and the Minnesota Journal of International Law. She has lectured on these topics at various law schools in the United States, as well as larger conferences, such as the American Society of International Law Annual Meeting and the AALS Annual Meeting. Prior to becoming a law professor, Milena Sterio was an associate at the international law firm of Cleary Gottlieb Steen & Hamilton LLP, in its New York and Paris offices, where she practiced international litigation and arbitration. She was also an adjunct professor at Cornell Law School, where she taught the International War Crimes seminar. Milena Sterio holds a J.D., *magna cum laude*, from Cornell Law School, as well as a French law degree (“maitrise en droit”) from the University of Paris I-Sorbonne. Milena Sterio also holds a master’s degree in private international law (“D.E.A.”) from the University of Paris I-Sorbonne. She obtained her B.A. in French Literature and Political Science from Rutgers University, s*umma cum laude*.
Professor William A. Schabas is director of the Irish Centre for Human Rights at the National University of Ireland, Galway, where he also holds the chair in human rights law. He is also a Global Legal Scholar at the University of Warwick School of Law. He is a ’door tenant’ at the chambers of 9 Bedford Row, London. Professor Schabas holds BA and MA degrees in history from the University of Toronto and LLB, LLM and LLD degrees from the University of Montreal, as well as honorary doctorates in law from Dalhousie University and Case Western Reserve University. Professor Schabas is the author of twenty-one books dealing in whole or in part with international human rights law, including *Introduction to the International Criminal Court* (Cambridge: Cambridge University Press, 2007, 3 rd ed.), *Genocide in International Law* (Cambridge: Cambridge University Press, 2 nd ed., 2009), *The Abolition of the Death Penalty in International Law* (Cambridge, Cambridge University Press, 2003, 3 rd ed.), *International Human Rights and Canadian Law* (Toronto, Carswell, 2007, 3 rd ed.), *The Death Penalty as Cruel Treatment and Torture* (Boston, Northeastern University Press, 1996) and Précis du droit international des droits de la personne (Montréal, Éditions Yvon Blais, 1997). He received the Certificate of Merit of the American Society of International Law at its 2007 Annual Meeting for his book *The UN International Criminal Tribunals: Former Yugoslavia, Rwanda and Sierra Leone* (Cambridge, Cambridge University Press, 2006) . He has also published more than 250 articles in academic journals, principally in the field of international human rights law and international criminal law. His writings have been translated into several languages, including Russian, German, Spanish, Portuguese, Chinese, Japanese, Arabic, Persian, Turkish, Nepali and Albanian. Professor Schabas is editor-in-chief of *Criminal Law Forum*, the quarterly journal of the International Society for the Reform of Criminal Law. In 2009, he was elected President of the International Association of Genocide Scholars. He is also the President of the Irish Branch of the International Law Association. Professor Schabas was a delegate of the International Centre for Criminal Law Reform and Criminal Justice Policy to the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 15 June-17 July 1998. Professor Schabas has often been invited to participate in international human rights missions on behalf of non-governmental organizations such as Amnesty International (International Secretariat), the International Federation of Human Rights, and the International Centre for Human Rights and Democratic Development to Rwanda, Burundi, South Africa, Kenya, Uganda, Sudan, Cambodia and Guyana. He is the chair of the International Institute for Criminal Investigation and a member of the board of the International Institute for Human Rights (Strasbourg). From 1991 to 2000, William Schabas was professor of human rights law and criminal law at the Département des sciences juridiques of the Université du Québec à Montréal, a Department he chaired from 1994-1998; he now holds the honorary position of professeur associé at that institution. He is also an honorary professor at the Law Institute of the Chinese Academy of Social Sciences, Beijing. He has taught as a visiting or adjunct professor at McGill University, Université de Montréal, Cardozo Law School, LUISS University Rome, Queens University Belfast, Université de Montpellier, Université de Paris X-Nanterre, Université de Paris XI, Université de Paris II Pantheon-Assas, Dalhousie University, Université de Genève and the National University of Rwanda, and he has lectured at the International Institute for Human Rights (Strasbourg), the Canadian Foreign Service Institute, the United Nations Institute for Training and Research and the Pearson Peacekeeping Centre. He was a member of the Quebec Human Rights Tribunal from 1996 to 2000, and a member of the Quebec Bar from 1985 to 2005. Professor Schabas was a senior fellow at the United States Institute of Peace in Washington during the academic year 1998-99, and a visiting fellow at All Souls College, University of Oxford in 2008. In 1998, Professor Schabas was awarded the Bora Laskin Research Fellowship in Human Rights by the Social Sciences and Humanities Research Council of Canada. In May 2002, the President of Sierra Leone appointed Professor Schabas to the country’s Truth and Reconciliation Commission, upon the recommendation of Mary Robinson, the United Nations High Commission for Human Rights. In 2006, the Secretary-General of the United Nations appointed him a member of the Board of Trustees of the United Nations Voluntary Fund for Technical Assistance in the Field of Human Rights. Professor Schabas was named an Officer of the Order of Canada in 2006. He was elected a member of the Royal Irish Academy in 2007.
After practicing law for two years, Professor Aceves returned to academia to earn an M.A. in Government at Harvard University and an LL.M. in International Law at the UCLA School of Law. He also served as the Ford Foundation Fellow in International Law at the UCLA School of Law. In 1998, he joined the faculty at California Western School of Law. He was promoted to Professor of Law and Director of the International Legal Studies Program in 2001. He began serving as the Associate Dean for Academic Affairs in 2007. Professor Aceves frequently works with Amnesty International, the Center for Justice & Accountability, the Center for Constitutional Rights, and the American Civil Liberties Union on projects involving the domestic application of international law. He has also represented several human rights and civil liberties organizations as amicus curiae counsel in cases before the federal courts, including the U.S. Supreme Court. Professor Aceves is the author of *The Anatomy of Torture* and the coauthor of *The Law of Consular Acces*s. He is also the principal author of the influential Amnesty International USA Safe Haven report. He has published numerous articles on human rights and international law. He served as the co-chair for the 101st Annual Meeting of American Society of International Law. Professor Aceves has served on the National Boards of Amnesty International USA and the American Civil Liberties Union. He has also served as the AIUSA Ombudsperson. He currently serves on the Boards of the Center for Justice & Accountability and the International Law Students Association, which organizes the Phillip C. Jessup International Law Moot Court Competition. He is an Affiliated Scholar with the Center for American Progress and a member of the Executive Committee of the American Branch of the International Law Association. Professor Aceves has appeared before the Inter-American Commission on Human Rights, the U.N. Special Rapporteur on Migrants, and the U.S. Commission on Civil Rights. Aceves is admitted to the State Bar of California, the U.S. District Courts for the Central and Southern Districts of California, the U.S. Courts of Appeal for the First Circuit, Second Circuit, Fifth Circuit, Ninth Circuit, and D.C. Circuit and the U.S. Supreme Court.
Laurie Blank is the director of Emory Law's International Humanitarian Law Clinic and was one of the principal founders of the clinic in early 2007. She supervises law students in their work assisting organizations, law firms and tribunals on cases, projects and issues related to humanitarian law and human rights. Before coming to Emory, she was a program officer in the Rule of Law Program at the United States Institute of Peace in Washington, D.C., where she ran an experts' working group on New Actors in the Implementation and Enforcement of International Humanitarian Law. Blank also worked as a litigation associate in the New York and Paris offices of Shearman & Sterling. In addition to her recent book, *Law of War Training: A Resource for Military and Civilian Leaders* (2008), she has published several articles on topics in international humanitarian law.
Mike Newton is an expert on accountability and conduct of hostilities issues. Over the course of his career, he has published more than 70 articles and book chapters, as well as opinion pieces for the New York Times, International Herald Tribune and other papers. Professor Newton is a member of the International Institute of Humanitarian Law and the International Bar Association. At Vanderbilt, he developed and teaches the innovative International Law Practice Lab and develops externships and other educational opportunities for students interested in international legal issues. Professor Newton served on the American Society of International Law Task Force on U.S. Policy Toward the International Criminal Court and on an Experts Group in support of the Task Force on Genocide Prevention established by the U.S. Holocaust Memorial Museum and the U.S. Institute of Peace. He has supervised Vanderbilt law students working in support of the Public International Law Policy Group to advise the governments of Afghanistan, Kosovo, Sri Lanka and other nations. Professor Newton negotiated the Elements of Crimes; document for the International Criminal Court, and coordinated the interface between the FBI and the ICTY while deploying into Kosovo to do the forensics fieldwork in support of the Milosevic indictment. As the Senior Advisor to the United States Ambassador-at-Large for War Crimes Issues, U.S. Department of State, Professor Newton implemented a wide range of policy positions related to the law of armed conflict, including U.S. support to accountability mechanisms worldwide. He was the senior member of the team that taught international law to the first group of Iraqis who began to think about accountability mechanisms and a constitutional structure in November 2000. He subsequently assisted in drafting the Statute of the Iraqi High Tribunal, and served as International Law Advisor to the Judicial Chambers in 2006 and 2007. Professor Newton has taught Iraqi jurists on seven other occasions, both inside and outside Iraq and as part of the academic consortium he assists Vanderbilt students in providing substantive advice to the lawyers in Iraq. He served as the U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court, and was also a member of the Special Court academic consortium. From January 1999 to August 2000, he served in the Office of War Crimes Issues, U.S. Department of State. Professor Newton began his distinguished military career as an armor officer in the 4th Battalion, 68th Armor, Fort Carson, Colorado until his selection for the Judge Advocate General's Funded Legal Education Program. As an operational military attorney, he served with the United States Army Special Forces Command (Airborne), Fort Bragg, North Carolina in support of units participating in Desert Storm. Following duty as the Chief of Operational Law, he served as the Group Judge Advocate for the 7th Special Forces Group (Airborne). He deployed on Operation Provide Comfort to assist Kurdish civilians in Northern Iraq, as well as a number of other exercises and operations. From 1993-1995 he was reassigned as the Brigade Judge Advocate for the 194th Armored Brigade (Separate), during which time he organized and led the human rights and rules of engagement education for all Multinational Forces and International Police deploying into Haiti. He subsequently was appointed as a Professor of International and Operational Law at the Judge Advocate General's School, Charlottesville, Virginia from 1996-1999. He currently serves as senior editor of the *Terrorism International Case Law Reporter* series published annually by Oxford University Press.