The Law of War in Times of Terrorism

Flyer
Monday, March 31, 12:00pm-1:20pm
Room 602

What are the rules that govern warfare? Is there justification in US or international law for a preemptive attack? What is the legal basis for a country to engage in a war against loose terrorist networks spread throughout numerous states? This session provided an overview and legal framework for understanding “preemptive war” and the legal principles of “war on terrorism” against non-state actors. Panelists discussed various topics, including the current administration’s movement towards a “preemptive war,” what constitutes an “imminent threat,” and how the US can engage in a war against loose terrorist networks spread throughout numerous states

Prof. Robert Goldman, American University Washington College of Law

The Legal Standing of the Call to War

Press Release
Flyer
Thursday, April 3, 12:00pm-1:20pm
Room 402

The Bush Administration maintains that Saddam Hussein is developing and harboring weapons of mass destruction. Although the UN weapons inspectors have not identified any such weapons, the US is poised for war in Iraq. In contrast, North Korea has developed nuclear weapons capabilities, and has threatened to use them against its neighbors if provoked, yet President Bush remains committed to a diplomatic solution. This panel discussed the issues and questions concerning the legality of declaring war and when it is appropriate to do so. What is the legal basis for declaring war on Iraq versus pursuing diplomacy in North Korea? Who has the authority to declare war, and what is the constitutional status of a declaration of war in the United States today? How have the UN’s Chapter VII powers been affected by the US-led coalition’s decision to initiate war against Iraq?

Prof. Gary Solis, Adjunct Professor of Law, Georgetown University Law Center
Prof. Stephen Wermeil, Adjunct Professor of Law, American University, Washington College of Law

The Impact of War on Vulnerable Communities Within Military Target Areas

Flyer
Friday, April 4, 12:00pm-2:00pm
Room 524

Civilian casualties, internal displacement, infrastructure damage and environmental destruction are often inevitabilities of war. What impact does war have on vulnerable communities in military target areas? How does war impact the environment? What are the health implications of war and civil strife? Does the international community have a responsibility to preserve and protect the health and well-being of civilians in war zones, even when the entire global community has not supported the war effort?

The Draft and Diversity in the Military

Flyer
Monday, April 7, 12:00pm – 1:20pm
Room 602

There is much discussion of diversity in the military – but how diverse is it really? Racial minorities and low-income Americans males are over-represented. Voluntary recruitment and mandatory draft policies reinforce the ethnic, gender and class make-up of the US armed forces. As a result, vulnerable communities in the United States are disproportionately affected by wartime. In addition, the army does not allow for ideological difference. How can the military be a truly representative American institution and how can diversity be supported?

Captain Michael Stephens, Special Assistant US Attorney, Army JAG Corps
Carroll R. Gibbs, Military Historian and Author
J.E. McNei, Executive Director, Center on Conscience and War

The Case of the “Ticking Time Bomb:" What is Permissible Interrogation in Times of Crisis?

Flyer
Tuesday, April 8, 12:00pm – 1:20pm
Room 402

We often hear that extraordinary times require extraordinary measures. Does this include the use of torture in interrogating suspected terrorists? While the US says that it has not tortured prisoners, detainees are being held incommunicado in Guantanamo Bay. Journalists and human rights groups report that prisoners have been hooded, tied down in transit, and kept awake for extended hours. Evidence shows that some suspects have been sent for interrogation to third countries which are widely known to use torture. Is the use of harsh interrogation techniques justified if it prevents a major attack?

Wendy L. Patten, US Advocay Director, Human Rights Watch
David Rivkin, Jr., Baker and Hostetler LLP

International Law Remedies When Domestic Law Fails to Protect

Flyer
Tuesday, April 15, 12:00pm– 1:20pm
Room 602

The Bush Administration has identified US citizens Jose Padilla and Yasser Hamdi as “enemy combatants” to enable their detention without access to courts and legal counsel. Hundreds of people are being held indefinitely and without charge in Guantanamo Bay. US Federal Court has declined to intervene in their cases and have ruled that they have no constitutionally protected right to counsel or due process. What happens when you are bereft of protection by domestic law? Can international law step in?

Thomas Wilner, Shearman and Sterling
Professor Richard Wilson, American University Washington College of Law