upcoming event: “Understanding Contemporary Warfare” (Texas Tech & Army War College Strategic Studies Institute, September 15-16 at Texas Tech)

August 31, 2010

* upcoming event: "Understanding Contemporary Warfare" (Texas Tech & Army War College Strategic Studies Institute, September 15-16 at Texas Tech)

Information about this event is attached, and reprinted below:

United States National Security Policy and Military Strategy: Understanding the Environment for Contemporary Warfare

A Colloquium sponsored by the Vietnam Center and Archive and Department of Political Science

Texas Tech University

And

The Strategic Studies Institute, US Army War College

September 15-16, 2010

The Overton Hotel and Convention Center

Lubbock, Texas

This event is free for the first 150 registrants. To register to attend, please visit http://www.vietnam.ttu.edu/events/counterterrorism/

Tuesday, September 14, 2010

All Day: Participants Arrive

(Speaker transportation coordinated with Overton Hotel)

12:00 PM: Conference Registration Open

5:00 PM: Conference Registration Closed

6:00 PM: Reception at Overton Hotel

(Cash Bar; Light Hors d’oeuvres)

Wednesday September 15, 2010

7:30 AM: Coffee and Tea Service in Conference Registration Area

Conference Registration Open

8:15 AM: Welcoming Remarks

Chancellor Kent Hance and/or President Guy Bailey

8:30 AM: Discussion Panel 1: An Assessment of Contemporary Warfare and US National Security and Military Policy

Moderator: TBD

United States National Security Policy and Military Strategy: Understanding the Environment for Contemporary Warfare

A Colloquium sponsored by the Vietnam Center and Archive and Department of Political Science

Texas Tech University

And

The Strategic Studies Institute, US Army War College

September 15-16, 2010

The Overton Hotel and Convention Center

Lubbock, Texas

This event is free for the first 150 registrants. To register to attend, please visit http://www.vietnam.ttu.edu/events/counterterrorism/

Tuesday, September 14, 2010

All Day: Participants Arrive

(Speaker transportation coordinated with Overton Hotel)

12:00 PM: Conference Registration Open

5:00 PM: Conference Registration Closed

6:00 PM: Reception at Overton Hotel

(Cash Bar; Light Hors d’oeuvres)

Wednesday September 15, 2010

7:30 AM: Coffee and Tea Service in Conference Registration Area

Conference Registration Open

8:15 AM: Welcoming Remarks

Chancellor Kent Hance and/or President Guy Bailey

8:30 AM: Discussion Panel 1: An Assessment of Contemporary Warfare and US National Security and Military Policy

Moderator: TBD

3:00 PM: Coffee Break

3:30 PM: Discussion Panel 4: Bridging the Gap between Quantitative and Qualitative Approaches to understanding Contemporary Warfare

Moderator: To be provided by Department of History, TTU

• Dr. Thomas Lynch, Col (Ret), USA. Institute for National Strategic Studies, National Defense University, former Special Assistant and Deputy Director of the Advisory Group for the Chairman of the Joint Chiefs of Staff.

• Curtis Johnson, Asia Pacific Center for Security Studies, Advanced Concepts Group at Sandia National Laboratories with a focus on the future of national and international security, global terrorism and counterterrorism, homeland security, and utilizing science and engineering approaches to complex systems and problems.

• Michael Mihalka, Ph.D., Professor of Political Science, School of Advanced Military Studies. “Picking your fights: Towards a Strategic/Operational Approach to Cope with Transnational Terrorism.”

5:00 PM End of first day

6:00 PM Reception

(Cash Bar; Light Hors d’oeuvres)

6:30 PM Banquet

7:30 PM Keynote Speaker: Lieutenant General David W. Barno, Center for a New American Security

8:30 PM End of banquet

Thursday September 16, 2010

8:30 AM Understanding the Environment for Contemporary Warfare: Looking through New Lenses

Moderator: To be provided by Department of History, TTU

• Dave Lewis, Colonel, USAF (Ret), Texas Tech University. Developing New Lenses:

• Dr. Nori Katagiri, Assistant Professor of International Security Studies, Air War College. “Understanding How Non-State Actors Fight and Defeat Foreign States in War.”

• Dr. Larry A. Valero, Associate Professor of Security Studies, University of Texas at El Paso. “Understanding Strategic Communication as a Counterterrorist Tool.”

10:00 AM Coffee Break

10:30 AM International Law and Contemporary Warfare: Challenges and Precedents (Organized by the Center of Military Law, Texas Tech University Law School)

Moderated by Walt Huffman, Dean Emeritus, Texas Tech University Law School

• Professor W. Hays Parks, Law of War Chair, Office of the General Counsel, Department of Defense; former Special Assistant for Law of War Matters to the Judge Advocate General of the Army

• Professor Laurie Blank, Director, International Humanitarian Law Clinic, Emory University Law School

• Professor Richard Rosen, Director, Military Law Center, Texas Tech University Law School

12:00 PM Lunch

1:30 PM: Roundtable Discussion: Developing New Ideas and Strategies for Contemporary Warfare

To be comprised of select speakers from previous panels

3:00 PM Concluding Remarks

agenda.pdf


correction al bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

August 31, 2010

Actually, I’m not sure there any dissenting opinions in this. My apologies for the confusion.

From: Robert Chesney
Sent: Tuesday, August 31, 2010 10:01 AM
To: nationalsecuritylaw@utlists.utexas.edu
Subject: al bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

* al-Bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

Al –Bihani was the first DC Circuit panel opinion in the post-Boumediene GTMO habeas litigation, which among other things concluded that international law has no bearing on the question of the government’s detention authority under the AUMF, that the power to detain extends to both members and supporters of AUMF-covered groups, that hearsay is admissible in these proceedings, and quite a bit more. The Circuit has now decided not to rehear the case en banc, with 113 pages of concurring and dissenting opinions.

I’m off to teach right now but will post a summary when I return later today. In the meantime, the set of opinions is attached.

al-bihani-rhg-en-banc-denial.pdf


al bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

August 31, 2010

* al-Bihani v. Obama (D.C. Cir. Aug. 31, 2010) (en banc rehearing denied)

Al –Bihani was the first DC Circuit panel opinion in the post-Boumediene GTMO habeas litigation, which among other things concluded that international law has no bearing on the question of the government’s detention authority under the AUMF, that the power to detain extends to both members and supporters of AUMF-covered groups, that hearsay is admissible in these proceedings, and quite a bit more. The Circuit has now decided not to rehear the case en banc, with 113 pages of concurring and dissenting opinions.

I’m off to teach right now but will post a summary when I return later today. In the meantime, the set of opinions is attached.

al-bihani-rhg-en-banc-denial.pdf


al-Aulaki v. Obama (D.D.C. Aug. 30, 2010)

August 31, 2010

* al-Aulaki v. Obama (D.D.C. Aug. 30, 2010) (complaint in civil suit challenging use of lethal force outside theater of conventional combat operations)

The ACLU has filed a complaint on behalf of Nasser al-Aulaki, father of Anwar al-Aulaki—an American citizen living in Yemen said to be involved with al Qaeda and linked to, among other things, the failed Christmas Day airline bomb plot. The suit is, in brief, a challenge to the government’s assertion of authority to use lethal force outside of conventional war zones, except in limited circumstances involving imminent harm.

The suit alleges the following causes of action:

First Claim for Relief

Fourth Amendment: Right to be Free from Unreasonable Seizure

27. Defendants’ policy of targeted killings violates the Fourth Amendment by authorizing, outside of armed conflict, the seizure, in the form of targeted killing, of U.S. citizens, including Plaintiff’s son, in circumstances in which they do not present concrete, specific, and imminent threats to life or physical safety, and where there are means other than lethal force that could reasonably be employed to neutralize any such threat. Plaintiff brings this claim as next friend for his son.

Second Claim for Relief

Fifth Amendment: Right Not to be Deprived of Life Without Due Process

28. Defendants’ policy of targeted killings violates the Fifth Amendment by authorizing, outside of armed conflict, the killing of U.S. citizens, including Plaintiff’s son, without due process of law in circumstances in which they do not present concrete, specific, and imminent threats to life or physical safety, and where there are means other than lethal force that could reasonably be employed to neutralize any such threat. Plaintiff brings this claim as next friend for his son.

Third Claim for Relief

Alien Tort Statute: Extrajudicial Killing

29. Defendants’ policy of targeted killings violates treaty and customary international law by authorizing, outside of armed conflict, the killing of individuals, including Plaintiff’s son, without judicial process in circumstances in which they do not present concrete, specific, and imminent threats to life or physical safety, and where there are means other than lethal force that could reasonably be employed to neutralize any such threat. Plaintiff brings this claim in his own right to prevent the injury he would suffer if Defendants were to kill his son.

Fourth Claim for Relief

Fifth Amendment: Due Process Notice Requirements

30. Defendants’ policy of targeted killings outside of armed conflict violates the Fifth Amendment by authorizing the killing of U.S. citizens, including Plaintiff’s son, on the basis of criteria that are secret. Plaintiff brings this claim as next friend for his son.

As for the relief sought:

For the foregoing reasons, Plaintiff Nasser Al-Aulaqi requests that the Court:

a. Declare that, outside of armed conflict, the Constitution prohibits Defendants from carrying out the targeted killing of U.S. citizens, including Plaintiff’s son, except in circumstances in which they present concrete, specific, and imminent threats to life or physical safety, and there are no means other than lethal force that could reasonably be employed to neutralize the threats.

b. Declare that, outside of armed conflict, treaty and customary international law prohibit Defendants from carrying out the targeted killing of individuals, including Plaintiff’s son, except in circumstances in which they present concrete, specific, and imminent threats to life or physical safety, and there are no means other than lethal force that could reasonably be employed to neutralize the threats.

c. Enjoin Defendants from intentionally killing U.S. citizen Anwar Al-Aulaqi unless he presents a concrete, specific, and imminent threat to life or physical safety, and there are no means other than lethal force that could reasonably be employed to neutralize the threat.

d. Order Defendants to disclose the criteria that are used in determining whether the government will carry out the targeted killing of a U.S. citizen.

e. Grant any other and further relief as is appropriate and necessary.