next week: 3rd Annual National Security Law Faculty Workshop/IHL Training (Austin, April 1-2)

March 25, 2010

* Third Annual National Security Law Faculty Workshop/IHL Training – University of Texas, Austin (Thursday April 1 and Friday April 2)

My thanks to Geoff Corn at South Texas, Paul Kong at the ICRC, and Trevor Rush at the Army JAG School for helping assemble what promises to be a very fun event. While we have almost no space for additional guests on Thursday April 1st, we do have ample room for drop-ins on Friday April 2nd. Do join us on the latter day if you can!


Wednesday March 31

7:00-9:30 Welcome dinner (at the AT&T Conference Center – Gabriel’s)

Thursday April 1 (The Eidmann Jury Room (room 2.310 on the map here) at the UT School of Law)

8:45-9:00 Introductions

9:00-10:00 Paper Presentation 1

Laura Donohue (Georgetown), The Long Shadow of State Secrets

Discussant: Bobby Chesney (Texas)

10:10-11:10 Instruction Block 1

LTC Jeff Bovarnick (TJAGLCS), Detention Operations and Detainee Review Boards in Afghanistan

11:20-12:20 Paper Presentation 2

Vijay M. Padmanabhan (Cardozo), Four Challenges to the Geneva Conventions Posed by Contemporary Conflicts (with John B. Bellinger, III)

Discussant: Scott Sullivan (LSU)

12:20-1:20 Lunch (including roundtable discussion of other attendees’ works-in-progress)

1:20-2:20 Instruction Block 2

Jamie Williamson (ICRC), IHL Hot Topics: Direct Participation in Hostilities, Air/Missile Warfare

2:30-3:30 Paper Presentation 3

Eric Jensen (Fordham) & Chris Jenks (Army), Detention and the Law of War

Discussant: Julian Davis Mortensen (Michigan)

3:40-4:40 Instruction Block 3

Discussion (led by Jamie Williamson, ICRC), IHL and the Future Battlefield

4:40-7:00 Free Time

7:00-9:30 Dinner (Garrido’s, downtown Austin (bus will pick up the group at the AT&T Center at 7:15, will return around 9:45)

Friday April 2 (The Brown Room, LBJ Presidential Library – map here)

9:00-10:00 Instruction Block 4

Roundtable: Military Commissions

10:10-11:10 Paper Presentation 4

Sudha Setty (Western New England), Comparative Perspectives on Specialized Courts for Terrorism Trials

Discussant: John Ip (Auckland)

11:20-12:20 Instruction Block 5

Maj Jeremy Marsh (TJAGLCS), MAJ Greg Musselman (TJAGLCS), Military Operations at the intersection of International Criminal and International Human Rights Law

12:20-1:20 Lunch (including roundtable discussion of other attendees’ works-in-progress)

1:20-2:20 Paper Presentation 5

Kathleen Clark (Washington University), Congress’ Right to Counsel in Intelligence Oversight

Discussant: Tung Yin (Lewis & Clark)

2:30-3:30 Instruction Block 6

MAJ Rob Barnsby (TJAGLCS), Intelligence Law

3:40-4:40 Paper Presentation 6

Paul A. Walker (Navy), Rethinking Computer Network “Attack”: Implications for Law and U.S. Doctrine

Discussant: Eric Jensen (Fordham)

4:40 – Event concludes; no formal dinner plans

a GTMO habeas petition denied on the merits, and another dismissed without prejudice

March 25, 2010

1. Makhtar Yahia Naji Al Warafi v. Obama (D.D.C. Mar. 24, 2010)

Judge Lamberth yesterday denied habeas relief, on the merits, to GTMO detainee Makhtar Al Warafi. There is a short order to that effect here, and that order indicates that there is a classified opinion explaining the outcome. No word on whether a redacted, unclassified opinion will be forthcoming.

2. Zahar Omar Khamis Bin Hamdoun v. Obama (D.D.C. Mar. 24, 2010)

Judge Kessler has dismissed without prejudice the habeas petition filed on behalf of GTMO detainee Zahar Bin Hamdoun. The short order to that effect is here. Based on some of the underlying filings in the public record, this appears to be another example of the scenario in which the petitioner does not wish to pursue habeas relief. It appears in this instance that Hamdoun’s attorneys asked the court to delay action in order to give them time to meet with their client and brief him regarding certain evidentiary developments relating to his case, presumably in order to persuade him to authorize continued pursuit of the matter. In any event, the petition has now been dismissed, albeit without prejudice to refilling should Hamdoun change his mind.