Lawfare: Lawfare and the War on Terror (Panel 5)

September 10, 2010
War Crimes Research Symposium
Frederick K. Cox International Law Center
Case Western Reserve University School of Law
Moderator:
Prof. Jonathan Adler, Case Western Reserve University School of Law
Speakers:
Prof. Melissa Waters, Washington University School of Law (St. Louis)
Sandy Hodgkinson, former Deputy Assistant Secretary of Defense for Detainee Affairs, U.S. Dept. of Defense
Prof. David Frakt, former Lead Defense Counsel, Military Commissions, Guantanamo Bay, Barry University School of Law
Michael Lebowitz, Prosecutor, Office of Military Commissions, Guantanamo Bay
Closing Remarks:
Prof. Shannon French, Ph.D., director, Inamori International Center for Excellence & Ethics Case Western Reserve University
Summary:
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 symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the "Lawfare" concept.