J.B. Moore Symposium to Examine Legal Issues Surrounding War on Terror Schedule

February 14, 2007

Conference on Public Service and the LawExperts and scholars will explore the struggle by U.S. policymakers to craft an effective legal response to the threat of terrorism during the annual J.B. Moore Society of International Law symposium on Friday, Feb. 23. Co-sponsored with the Miller Center of Public Affairs and the Center for National Security Law, "International Law at a Crossroads: The U.S. Interpretation of International Law in the Global War on Terror" will analyze how the United States has adapted to or strained international law norms since 9/11.

Alberto J. Mora, former general counsel for the Department of the Navy and the 2006 recipient of the John F. Kennedy Profile in Courage Award, will deliver the keynote address during a 12:45 pm luncheon in Caplin Pavilion at the Law School. Mora resigned from the Bush Administration in 2006 after unsuccessfully waging a three-year campaign against the use of coercive interrogation techniques on detainees held at Guantanamo Bay. John B. Bellinger III, legal adviser to the secretary of state, will provide opening remarks at 10 am at the Miller Center.

The symposium, which brings together policymakers, military leaders, students, and international, human rights, and national security law scholars, features panels on the Bush Administration's attempt to expand executive power in the war on terror, detainee interrogation and treatment, and prosecuting unlawful enemy combatants under the military justice system. The event is free and open to the public. Seats for the keynote luncheon have been filled; to sign up for the waiting list, contact symposium director Melany Grout. Parking is available at the Miller Center of Public Affairs, and a shuttle will transport attendees to the Law School for the luncheon and afternoon panels.

10:00 am Opening Remarks,
Forum Room, Miller Center of Public Affairs
John B. Bellinger, III, Legal Adviser to the Secretary of State
11:00 am-12:30 pm

Panel I: Executive Power, International Law and the Bush Administration,
Forum Room, Miller Center of Public Affairs
Sponsor: Baker Botts LLP

The Bush Administration's legal response to the threat of terrorism has been characterized by a persistent attempt to expand the scope of executive authority, often at the expense of obligations under international law. With the Hamdan ruling, the Democratic Party victory in the midterm elections, and the re-establishment of judicial oversight over domestic wiretapping program, this expansion appears to have slowed. Panelists will explore the contours of executive power in the war on terror, as well as the attempt made in the Military Commission Act of 2006 to reassert executive authority over international law. Additionally, this panel will consider charges that this attempt reflects an effort on the part of the Bush Administration to undermine international law.

  • Kenneth Anderson, Professor of Law, American University Washington College of Law; Research Fellow, Hoover Institution on War, Revolution and Peace, Stanford University
  • John Norton Moore (Moderator), Walter L. Brown Professor of Law; Director, Center for National Security Law; Director, Center for Oceans Law and Policy, University of Virginia School of Law
  • William Howard Taft, IV, Former Legal Adviser to the Secretary of State; Of Counsel at Fried, Frank, Harris, Shriver & Jacobson LLP
  • Jordan J. Paust, Professor of Law, University of Houston Law Center
12:45-2:15 pm Keynote Address and Luncheon, Caplin Pavilion, Law School
Alberto J. Mora, Former General Counsel to the Department of the Navy and Recipient of the John F. Kennedy Profile in Courage Award
Sponsor: Bryan Cave LLP
2:30-4:00 pm

Panel II: Detainee Issues: Interrogation, Treatment and Rendition, WB154, Law School
Sponsor: Weil Gotshal & Manges LLP

Panelists will consider legal questions raised by U.S. detainee policy. While current Defense Department policies comport with the Geneva Conventions, open issues remain with regard to the lack of a clear detainee treatment policy applying to "Other Government Agencies." Further, the operation of secret prisons by the CIA and the practice of extraordinary rendition have also attracted scrutiny. Does the Supreme Court's ruling on the applicability of Common Article 3 of the Geneva Conventions constrain such activities?

  • Frederick P. Hitz (Moderator), Former Inspector General, Central Intelligence Agency; Lecturer, University of Virginia
  • Elisa Massimino, Washington Director, Human Rights First
  • Michael Scheuer, Author, "Imperial Hubris"; former Chief, Osama Bin Laden Unit, Counterterrorist Center, Central Intelligence Agency
  • Maj. Sean Watts, Professor, International and Operational Law Department, U.S. Army Judge Advocate General's Legal Center and School
4:15-5:45 pm

Panel III: Prosecution of Unlawful Enemy Combatants Under the Military Justice System, WB154, Law School
Sponsor: Dewey Ballantine LLP

This panel will discuss the ramifications of the Military Commissions Act of 2006 (MCA) on the prosecution of unlawful enemy combatants in the military justice system. In particular, the panel will consider the differences between MCA tribunals and those struck down by the Supreme Court in Hamdan. Additionally, further attention will be aimed at the relationship of the Geneva Conventions to the MCA and the merits of relaxed rules of hearsay and admissibility of evidence gained through coercion.

  • Jack Einwechter, Of Counsel, Greenberg Traurig, LLP; retired Army Lieutenant Colonel; former prosecutor, Office of Military Commissions, Department of Defense
  • David Glazier, Associate Professor of Law, Loyola Law School, Los Angeles; former U.S. Navy Surface Warfare Officer; former lecturer, University of Virginia School of Law and fellow, Center for National Security Law
  • Linda Malone (Moderator) Marshall-Wythe Foundation Professor of Law; Director, Human Rights and National Security Law Program, College of William and Mary Marshall-Wythe School of Law;
    Visiting Professor of Law, University of Virginia
  • Lt. Col. Colby Vokey, Marine Corps Defense Coordinator for the Western United States; Lead defense counsel for Guantanamo detainee Omar Khadr
5:45-6:30 pm Closing Reception, Caplin Pavilion, Law School


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