Military
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Karl Eikenberry is the Payne Distinguished Lecturer at the Freeman Spogli Institute for International Studies. Within FSI he is an affiliated faculty member with the Center on Democracy, Development, and the Rule of Law (CDDRL) and the Center for International Security and Cooperation (CISAC), and an affiliated researcher with the Europe Center. Before coming to Stanford, he served as U.S. Ambassador to Afghanistan from May 2009 to July 2011, where he led the civilian side of the surge directed by President Obama to reverse Taliban momentum and help set the conditions for transition to full Afghan sovereignty.

Prior to his appointment as Chief of Mission in Kabul, Ambassador Eikenberry had a 35-year career with the U.S. Army, retiring with the rank of Lieutenant General in 2009.  His operational posts include service in the continental U.S., Hawaii, Korea, Italy, and Afghanistan, where he served as Commander of the American-led Coalition Forces from 2005-2007.

Ambassador Eikenberry also served in various political-military positions, including service as Deputy Chairman of the North Atlantic Treaty Organization (NATO) Military Committee in Brussels.

His military awards include the Defense Distinguished and Superior Service Medals, Legion of Merit, Bronze Star, Ranger Tab, Combat and Expert Infantryman badges, and master parachutist wings. He has received numerous civilian awards as well.

Amb. Eikenberry is a graduate of the U.S. Military Academy, holds master's degrees from Harvard University in East Asian Studies and Stanford University in Political Science, and was a National Security Fellow at the Kennedy School of Government at Harvard.

He is a trustee of the International Institute for Strategic Studies and a member of the Council on Foreign Relations and the Council of American Ambassadors. He recently received the George F. Kennan Award for Distinguished Public Service from the National Committee on American Foreign Policy. He has published numerous articles on U.S. military training, tactics, and strategy and on Chinese military history and Asia-Pacific security issues.

Koret Taube Conference Center
Gunn SIEPR Building
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Karl Eikenberry Payne Distinguished Lecturer; Retired United States Army Lieutenant General; Former United States Ambassador to Afghanistan Speaker
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Reuben W. Hills Conference Room

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Gil-li Vardi joined CISAC as a visiting scholar in December 2011. She completed her PhD at the London School of Economics in 2008, and spent two years as a research fellow at the Oxford Leverhulme Programme on the Changing Character of War at the University of Oxford, after which she joined Notre Dame university as a J. P. Moran Family Assistant Professor of Military History.

Her research examines the interplay between organizational culture, doctrine, and operational patterns in military organizations, and focuses on the incentives and dynamics of change in military thought and practice.

Driven by her interest in both the German and Israeli militaries and their organizational cultures, Vardi is currently revising her dissertation, "The Enigma of Wehrmacht Operational Doctrine: The Evolution of Military Thought in Germany, 1919-1941," alongside preparing a book manuscript on the sources of the Israeli Defence Forces’ (IDF) early strategic and operational perceptions and preferences.

Gil-li Vardi Visiting Scholar, CISAC Speaker

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Lynn Eden is a Senior Research Scholar Emeritus. She was a Senior Research Scholar at Stanford University's Center for International Security and Cooperation until January 2016, as well as was Associate Director for Research. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford.

In the area of international security, Eden has focused on U.S. foreign and military policy, arms control, the social construction of science and technology, and organizational issues regarding nuclear policy and homeland security. She co-edited, with Steven E. Miller, Nuclear Arguments: Understanding the Strategic Nuclear Arms and Arms Control Debates (Ithaca, N.Y.: Cornell University Press, 1989). She was an editor of The Oxford Companion to American Military History (New York: Oxford University Press, 2000), which takes a social and cultural perspective on war and peace in U.S. history. That volume was chosen as a Main Selection of the History Book Club.

Eden's book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation (Ithaca: Cornell University Press, 2004; New Delhi: Manas Publications, 2004) explores how and why the U.S. government--from World War II to the present--has greatly underestimated the damage caused by nuclear weapons by failing to predict damage from firestorms. It shows how well-funded and highly professional organizations, by focusing on what they do well and systematically excluding what they don't, may build a poor representation of the world--a self-reinforcing fallacy that can have serious consequences, from the sinking of the Titanic to not predicting the vulnerability of the World Trade Center to burning jet fuel. Whole World on Fire won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

Eden has also written on life in small-town America. Her first book, Crisis in Watertown (Ann Arbor: University of Michigan Press, 1972), was her college senior thesis; it was a finalist for a National Book Award in 1973. Her second book, Witness in Philadelphia, with Florence Mars (Baton Rouge: Louisiana State University Press, 1977), about the murders of civil rights workers Schwerner, Chaney, and Goodman in the summer of 1964, was a Book of the Month Club Alternate Selection.

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Lynn Eden Senior Research Scholar and Associate Director for Research, CISAC Commentator
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About the topic: The U.S. military has entered a period of transition. In terms of strategy, the Department of Defense is shifting away from a decade spent fighting two ground wars to a new era in which the United States hopes to spend more time preventing and deterring conflicts and preparing for future challenges. Yet at the same time, the U.S. military faces significant budget cuts in the years ahead. DOD has already released its plans for reducing the Pentagon’s base budget by $487 billion over the next decade, but the Budget Control Act of 2011 will impose an additional $500 billion in cuts on January 1 unless Congress changes the law before then. What are the strategic, military, and financial consequences of these budget cuts? Can DOD implement cuts of this magnitude and still maintain its broad global engagement strategy? Or do they pose unacceptable risks to U.S. national security objectives? This talk draws on ongoing research at the Center for a New American Security to address these questions.

About the Speaker: Nora Bensahel is Deputy Director of Studies and Senior Fellow at the Center for a New American Security. Her current areas of research include stability operations, counterinsurgency, civilian capacity for operations abroad, and coalition and alliance operations. Prior to joining CNAS, Dr. Bensahel served as a Senior Political Scientist at the RAND Corporation. She is also an Adjunct Associate Professor in the Security Studies Program at the Edmund A. Walsh School of Foreign Service, Georgetown University, where she teaches M.A. classes and received the Alumni Leadership Council Teaching Award. She also serves on the Executive Board of Women in International Security. She received her Ph.D. and M.A. degrees from the Department of Political Science at Stanford University and her B.A. from Cornell University.

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Nora Bensahel Deputy Director of Studies and Senior Fellow, Center for a New American Security Speaker
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From the film’s website: ‘Human Terrain’ is two stories in one. The first exposes a new Pentagon effort to enlist the best and the brightest in a struggle for hearts and minds. Facing long wars in Iraq and Afghanistan, the U.S. military initiates ‘Human Terrain Systems’, a controversial program that seeks to make cultural awareness the centerpiece of the new counterinsurgency strategy. Designed to embed social scientists with combat troops, the program swiftly comes under attack as a misguided and unethical effort to gather intelligence and target enemies. Gaining rare access to wargames in the Mojave Desert and training exercises at Quantico and Fort Leavenworth, ‘Human Terrain’ takes the viewer into the heart of the war machine and a shadowy collaboration between American academics and the military.

The other story is about a brilliant young scholar who leaves the university to join a Human Terrain team. After working as a humanitarian activist in the Western Sahara, Balkans, East Timor and elsewhere, and winning a Marshall Scholarship to study at Oxford, Michael Bhatia returns to Brown University to take up a visiting fellowship. In the course of conducting research on military cultural awareness, he is recruited by the Human Terrain program and eventually embeds with the 82nd Airborne in eastern Afghanistan. On the way to mediate an intertribal dispute, Bhatia is killed when his humvee hits a roadside bomb.

War becomes academic, academics go to war, and the personal tragically merges with the political, raising new questions about the ethics, effectiveness, and high costs of counterinsurgency.

Following the screening, James Der Derian (the film's Co-Director and Executive Producer) will discuss the film with the audience.

For more information about the film, please visit the Human Terrain website. 

CISAC Conference Room

James Der Derian Co-Director and Executive Producer, “Human Terrain” Professor (Research), Watson Institute for International Studies, Brown University Speaker
Joseph Felter Senior Research Scholar, CISAC Speaker

CISAC
Stanford University
Encina Hall, C235
Stanford, CA 94305-6165

(650) 723-6927 (650) 725-0597
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Senior Fellow, by courtesy, at the Freeman Spogli Institute for International Studies
Robert & Florence McDonnell Professor of East European Studies
Professor of History
Professor, by courtesy, of German Studies
Senior Fellow at the Hoover Institution
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Norman M. Naimark is the Robert and Florence McDonnell Professor of East European Studies, a Professor of History and (by courtesy) of German Studies, and Senior Fellow of the Hoover Institution and (by courtesy) of the Freeman-Spogli Institute for International Studies. Norman formerly served as the Sakurako and William Fisher Family Director of the Stanford Global Studies Division, the Burke Family Director of the Bing Overseas Studies Program, the Convener of the European Forum (predecessor to The Europe Center), Chair of the History Department, and the Director of Stanford’s Center for Russian, East European, and Eurasian Studies.

Norman earned his Ph.D. in History from Stanford University in 1972 and before returning to join the faculty in 1988, he was a professor of history at Boston University and a fellow of the Russian Research Center at Harvard. He also held the visiting Catherine Wasserman Davis Chair of Slavic Studies at Wellesley College. He has been awarded the Officer's Cross of the Order of Merit of the Federal Republic of Germany (1996), the Richard W. Lyman Award for outstanding faculty volunteer service (1995), and the Dean's Teaching Award from Stanford University for 1991-92 and 2002-3.

Norman is interested in modern Eastern European and Russian history and his research focuses on Soviet policies and actions in Europe after World War II and on genocide and ethnic cleansing in the twentieth century. His published monographs on these topics include The History of the "Proletariat": The Emergence of Marxism in the Kingdom of Poland, 1870–1887 (1979, Columbia University Press), Terrorists and Social Democrats: The Russian Revolutionary Movement under Alexander III (1983, Harvard University Press), The Russians in Germany: The History of The Soviet Zone of Occupation, 1945–1949 (1995, Harvard University Press), The Establishment of Communist Regimes in Eastern Europe (1998, Westview Press), Fires of Hatred: Ethnic Cleansing In 20th Century Europe (2001, Harvard University Press), Stalin's Genocides (2010, Princeton University Press), and Genocide: A World History (2016, Oxford University Press). Naimark’s latest book, Stalin and the Fate of Europe: The Postwar Struggle for Sovereignty (Harvard 2019), explores seven case studies that illuminate Soviet policy in Europe and European attempts to build new, independent countries after World War II.

 

Affiliated faculty at The Europe Center
Affiliated faculty at the Center on Democracy, Development and the Rule of Law
Norman M. Naimark Professor of Eastern European Studies; Professor of History; CISAC Affiliated Faculty; Europe Center Research Affiliate and FSI Senior Fellow by courtesy Moderator
Conferences
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About the topic: When democracy returned to Pakistan, Americans and Pakistanis had high expectations of an improved partnership. Those expectations have not been met: The events of 2011 were hard on both sides, and pushed the relationship to a series of dangerous crises. What can we expect in 2012 and beyond, not only in bilateral ties, but in the plans both countries have for regional stability in South Asia?

About the Speaker: Cameron Munter was sworn in as U.S. Ambassador to Pakistan on October 6, 2010. Prior to his nomination, Ambassador Munter completed his tour of duty at the U.S. Embassy in Baghdad. He served there first as Political-Military Minister-Counselor in 2009, then as Deputy Chief of Mission for the first half of 2010. He served as Ambassador in Belgrade from 2007 to 2009.

In 2006, he led the first Provincial Reconstruction Team in Mosul, Iraq. He was Deputy Chief of Mission in Prague from 2005 to 2007 and in Warsaw from 2002 to 2005. Before these assignments, in Washington, he was Director for Central Europe at the National Security Council (1999-2001), Executive Assistant to the Counselor of the Department of State (1998-1999), Director of the Northern European Initiative (1998), and Chief of Staff in the NATO Enlargement Ratification Office (1997-1998). His other domestic assignments include: Country Director for Czechoslovakia at the Department of State (1989-1991), and Dean Rusk Fellow at Georgetown University’s Institute for the Study of Diplomacy (1991).

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Cameron Munter U.S. Ambassador to Pakistan Speaker
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Matthew Kroenig's argument for preventive military action to combat Tehran's nuclear program -- "Time to Attack Iran" (January/February 2012) -- suffers from three problems. First, its view of Iranian leaders' risk calculations is self-contradictory. Second, it misreads nuclear history. And third, it underestimates the United States' ability to contain a nuclear Iran. When these problems are addressed, it is clear that, contrary to what Kroenig contends, attacking Iran is not "the least bad option." 

Kroenig's view of the way Iranian leaders are willing to take on risks is deeply incongruous. In his view, a nuclear bomb will push Tehran to block U.S. initiatives in the Middle East, unleash conventional and terrorist aggression on U.S. forces and allies, and possibly engage in a nuclear exchange with Israel. This would mean Iranian leaders are reckless: given the United States' conventional and nuclear superiority, any of these actions would provoke considerable retaliation from Washington. And, of course, a nuclear exchange with Israel would invite annihilation. At the same time, Kroenig suggests that Tehran would remain remarkably timid after a preventive strike from the United States. Presented with clear redlines, Iran would not retaliate against U.S. troops and allies or attempt to close the Strait of Hormuz. Kroenig's inconsistency is clear: If Iranian leaders are as reckless as he seems to believe, a preventive strike would likely escalate to a full-blown war. If they are not, then there is no reason to think that a nuclear Iran would be uncontainable. In short, a preventive attack on Iran can hardly be both limited and necessary.

Kroenig's argument misreads nuclear history at least three times. First, he writes that a targeted preventive strike would likely wipe out the nuclear program in Iran, as strikes against Iraq in 1981 and Syria in 2007 did in those countries. These comparisons are misleading. Recent research based on captured Iraqi documents demonstrates that the 1981 Israeli attack on the Osirak reactor, near Baghdad, actually spurred a covert nuclear weapons program at other sites. Indeed, Iraqi President Saddam Hussein remained determined to revive his nuclear program until he was removed from power in 2003. What prevented him from achieving that goal was the decade-long U.S.-led containment regime put in place after the 1991 Gulf War. The Iraqi case suggests that any attacks that do not depose the Iranian regime, too, would cause it to accelerate its efforts to acquire nuclear weapons. Kroenig's prescription might therefore precipitate the very outcome he is trying to avoid. 

As for Syria, Damascus' nuclear program was just budding. The country boasted only one exploratory facility, which was shattered easily by a single aerial bombing carried out by Israel in September 2007 under the cloak of night. But Iran's nuclear program is much more advanced and is already of industrial proportions. Any attack on Tehran would involve destroying numerous nuclear-program and air-defense targets, making it far more costly and less likely to succeed than the Israeli raid against Syria's Deir ez-Zor reactor. More, Iran's advanced program reflects Tehran's greater resolve to develop nuclear capabilities, so, post-attack, Tehran would be ever more likely to double down on developing a weapon. Furthermore, although Kroenig hopes that a targeted strike would destabilize the Iranian regime, there is no basis for such optimism. Being a civilian, parliamentary, oil-rich theocracy, Iran is relatively stable. Put simply, a preventive strike against Iran can hardly be both limited and effective.

Kroenig misreads history again when he considers a nuclear exchange between Iran and Israel. In his view, they "lack nearly all the safeguards that helped the United States and the Soviet Union avoid a nuclear exchange during the Cold War." Yet the United States and the Soviet Union avoided a nuclear exchange even during the hottest crisis of the Cold War, the Cuban Missile Crisis, at a moment in which Soviet retaliatory capability was still uncertain, there were no clear direct communication channels between the two leaderships, and Soviet experience managing their nuclear arsenal was no longer than five years. Moreover, the historical record shows that even young and unstable nuclear powers have avoided nuclear escalation despite acute crises. Pakistan and India avoided nuclear war in Kargil in 1999, as well as after the terrorist attacks targeting the Indian parliament in 2001 and Mumbai in 2008. When national survival is at stake, even opaque and supposedly "irrational" regimes with nuclear weapons have historically behaved in prudent ways.

Kroenig's final abuse of history comes when he posits a cascade of nuclear proliferation across the Middle East in response to an Iranian bomb. He mentions Saudi Arabia, and implies that Egypt, Iraq, and Turkey might all follow suit. Yet none of these states, which can count on U.S. support against Iran, nuclearized in response to Israel's nuclearization (against which they cannot count on U.S. backing, mind you). And more generally, the United States has a successful record of preventing clients from acquiring nuclear weapons in response to a regional enemy, such as South Korea and Japan in response to North Korean nuclear acquisition. (Washington agreed with Pakistani nuclearization in response to India.) 

Taking the long view, Kroenig's argument reveals an unwarranted skepticism about Washington's ability to contain a nuclear Iran. This skepticism is all the more surprising considering Kroenig's work on the benefits of U.S. nuclear superiority. Existing U.S. security guarantees, based on current capabilities, give allies little incentive to nuclearize. Egypt and Saudi Arabia are among the largest recipients of U.S. military support, and Turkey is a member of NATO. Reinforcing U.S. ties with friends in the region would be easier, cheaper, and less risky than attacking the Iranian nuclear program. 

Instead, the United States should heed the lessons of the North Korean nuclearization. Not so long ago, Washington had to face an aggressive regime in Pyongyang intent on developing nuclear weapons. The United States rejected a preventive strike in 1994 for fear that the outcome would be worse than its target's nuclear acquisition. This was the right decision. After North Korea acquired nuclear weapons, none of the consequences that Kroenig's argument would predict materialized. U.S. security guarantees contained Pyongyang and persuaded South Korea and Japan not to acquire nuclear weapons. Nobody believes that the world is better off with a bomb in North Korea -- but the record shows that it hasn't brought the end of the world, either.

Military action against Iran would be a profound strategic miscalculation. For all the talk of retrenchment, the U.S. military might remains the most powerful in the world, and it can successfully minimize consequences of an Iranian bomb, should one come to pass, by containing Tehran's ambitions, dissuading regional proliferation, and providing security assurances to its allies.

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The nuclear weapons news of late has been alarming. David Sanger reported in "The New York Times" on January 9 that Iran's top nuclear official had announced his country was near initiating uranium enrichment at a new plant. And the recent leadership change in North Korea means added uncertainty about one of the world's most unpredictable nuclear weapons states. Both developments mean the danger is rising that nuclear weapons or the means to make them will spread in this year.

The ominous news brings to mind a comment that Robert M. Gates made a few years ago while working as President Obama's Secretary of Defense. "If you were to ask most of the leaders of the last administration or the current administration what might keep them awake at night," he told me, "it's the prospect of a [nuclear] weapon or nuclear material falling into the hands of Al Qaeda or some other extremists."

I was interviewing Gates for a book about nuclear threats. The book, "The Partnership: Five Cold Warriors and Their Quest to Ban the Bomb," [Harper, $29.99] examines the acute state of nuclear dangers today, including the spread of nuclear materials and technology to unstable nations like Pakistan, North Korea and Iran. If a terror group like Al Qaeda is ever going to get its hands on a nuclear weapon, or more likely the fissile material needed to make one, the source is likely to be one of those three nations. North Korea and Pakistan have a frightening history of exporting nuclear weapons technology. Iran may be next.

Despite the denials of Iranian leaders, Tehran seems well on the way to building its first nuclear weapon. Iran already has enough enriched uranium to make several warheads once the uranium is raised to a higher level of enrichment. The enrichment process can move very quickly from a low level to high, bomb-grade levels. Some upgrading of known Iranian enrichment facilities are required to get there, and these changes would be visible to the outside world. Still, Iran may well have hidden enrichment programs already cranking out highly enriched uranium. If it does move openly to higher enrichment, Israel and the United States will be tempted to attack Iran's nuclear installations.

A simple but powerful nuclear weapon can be fabricated with just a small amount of highly enriched uranium. The hardest part of making a uranium bomb is producing highly enriched uranium, something that requires advanced, industrial-scale technologies beyond the reach of a terror group. But with just 60 pounds of highly enriched uranium, a small, savvy group of engineers with some basic laboratory equipment could construct a fission bomb in a garage. The bomb mechanism is so straightforward that the United States did not bother to test a uranium weapon before dropping one over Hiroshima in 1945. And it is not wildly improbable to imagine Iran giving highly enriched uranium to a terror group.

The continuation of the Kim dynasty in North Korea - now in its third generation with the recent installation of Kim Jong-un as the new supreme leader - does not augur well for more responsible behavior by North Korea. With its active nuclear weapons program, hunger for hard currency and record of selling nuclear weapons goods to Libya and Syria, North Korea is one of the most dangerous nations on earth.

While North Korea is unlikely to sell a nuclear weapon to a terror group, it could provide the materials and knowhow to make a crude but powerful bomb. The United States, for all its intelligence-gathering hardware like spy satellites, does not know a great deal about the North Korean program. Washington was surprised to learn in 2010 that North Korea had constructed a uranium enrichment plant outfitted with the latest centrifuge technology. News about the existence of the plant came from a group of American scholars who were shown the facility during a visit to the North Korean nuclear complex at Yongbyon.

The plant is not a problem if it is producing low enriched uranium to fuel a small, light water reactor. But the plant could be used to produce highly enriched uranium. The rapid construction of the plant - it was built in just 18 months - suggested that the North Koreans might have honed their techniques at another enrichment facility, as yet undetected by the United States.

I recently asked my Stanford colleague Sig Hecker, one of the scholars who visited the enrichment plant in 2010, to outline what to watch for in the North Korean weapons program in coming weeks to determine if the new leadership is planning any change in nuclear policy and/or operations. Sig served as director of the Los Alamos National Laboratory 1986-1997. He has been a frequent visitor to North Korea, one of the few Americans to get a first-hand look at the North Korean nuclear program.

His response:

I believe that there will be a period of quiet on the diplomatic front, both for mourning and to rethink strategy. Just before Kim Jong-il died, American and North Korean diplomats came close to an agreement of American food aid in return for some concessions on the nuclear program (some reports indicated that Pyongyang would stop enrichment - but I have yet to hear official confirmation from the UnitedStates - and we never may). What to look for is to see when North Korean diplomats are ready to re-engage with Americans in quiet bilateral talks, mostlikely in China.

On the technical front: I would expect "normal operations" at Yongbyon. That means they will continue with the experimental light water reactor construction- although little will be seen from overheads because it is winter time. Much of the interior components will be fabricated in shops. I also expect them to continue with operations of the centrifuge enrichment facility - either to make more low enriched uranium for reactor fuel or to get the facility to operate fully (which it may not have been when we visited). Both of these operations will continue regardless of which way Pyongyang eventually decides to go with the nuclear program. I don't see any reason why they would cut back on these operations now.

As for potential provocative actions - they could prepare for another nuclear test -- but that is highly unlikely, if for no other reason than it is winter. Their tests occurred in October 2006 and May 2009. Nevertheless, the third test tunnel appears to have been dug some time ago (South Korean news reports and overhead imagery) and one should watch closely for activity at the test site (particularly come spring). We should also look for potential missile tests - the new launch site on the west coast should be watched for another potential long-range missile launch. (They have had three attempts from the old launch site in the east: 1998 over Japan, 2006 a complete failure, and 2009 two out of three stagesworked.) They also have not flight-tested the Musudan road-mobile missile."

It would not surprise me if North Korea conducted another nuclear test in 2012. If Kim Jong-un is looking for a way to flex North Korean military power and remind his impoverished people that their nation matters to the rest of the world, detonating a nuclear weapon will do the trick.

Iran's nuclear program will also likely generate news and international anxiety this year. Iranian threats to attack US naval vessels in the Persian Gulf may seem self-defeating, but a military confrontation between Iran and the United States is not out of the question.

There is no greater danger to American and global security than the spread of nuclear weapons and the means to make them.

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Philip Taubman
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Aziz Huq earned his BA summa cum laude in International Studies and French from the University of North Carolina at Chapel Hill in 1996 and his law degree from Columbia Law School in 2001, where he was awarded the John Ordronaux Prize. He clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit (2001–02) and Justice Ruth Bader Ginsburg of the Supreme Court of the United States (2003–04). After clerking he worked as Associate Counsel and then Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law. He has also been a Senior Consultant Analyst for the International Crisis Group.

His research and teaching interests include constitutional law, national security and counterterrorism, federal jurisdiction, legislation, human rights, and comparative constitutional law.


Abstract

What forum should be employed to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the President as to whether the status of terrorism suspects should be determined via Article III criminal process or military commissions have revived debate on this venue question. The problem is typically framed as a simple matter of law on the assumption that existing statutory and doctrinal rules already furnish dispositive guidance for sorting suspects between civilian and military venues. This article takes issue with that assumption. It argues that the choice of forum question can more profitably be understood as a problem of institutional design rather than a choice of law puzzle. A key institutional design decision that to date has been ignored is whether or when to create jurisdictional redundancy: When, that is, should overlapping jurisdictions vest the government with a choice of forums or an option to retry a suspect acquitted in an initial process? Such redundancy is currently pervasive. But conventional wisdom suggests that it both risks abuse and is needlessly costly. This Article demonstrates that jurisdictional redundancy has complex direct and indirect effects on the accuracy and cost of terrorism-related adjudication. It presents a comprehensive framework for analyzing jurisdictional redundancy by exploring how the latter influences error rates, system maintenance costs, externalities, information production, and incentives. Applying that framework, I suggest the current status quo of pervasive redundancy has surprising merit in contrast to two leading reform proposals.

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Aziz Huq Assistant Professor of Law, The University of Chicago Law School Speaker
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Jacob Shapiro Assistant Professor of Politics and International Affairs, Princeton University; Co-director, Empirical Studies of Conflict Project Speaker
David Blum Predoctoral Fellow, CISAC Commentator
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David Palkki Deputy Director, National Defense University, Conflict Records Research Center; Co-editor, The Saddam Tapes: The Inner Workings of A Tyrant’s Regime, 1978-2001 Speaker

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Senior Fellow at the Freeman Spogli Institute for International Studies, Emerita
Professor, by courtesy, of Political Science, Emerita
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Martha Crenshaw is a senior fellow emerita at CISAC and FSI. She taught at Wesleyan University in Middletown, Connecticut, from 1974 to 2007.  She has published extensively on the subject of terrorism.  In 2011 Routledge published Explaining Terrorism, a collection of her previously published work.  A book co-authored with Gary LaFree titled Countering Terrorism was published by the Brookings Institution Press in 2017. She recently authored a report for the U.S. Institute of Peace, “Rethinking Transnational Terrorism:  An Integrated Approach”.

 

 She served on the Executive Board of Women in International Security and is a former President and Councilor of the International Society of Political Psychology (ISPP). In 2005-2006 she was a Guggenheim Fellow. She was a lead investigator with the National Consortium for the Study of Terrorism and the Response to Terrorism (START) at the University of Maryland from 2005 to 2017.  She is currently affiliated with the National Counterterrorism, Innovation, Technology, and Education (NCITE) Center, also a Center of Excellence for the Department of Homeland Security.  In 2009 the National Science Foundation/Department of Defense Minerva Initiative awarded her a grant for a research project on "mapping terrorist organizations," which is ongoing.  She has served on several committees of the National Academy of Sciences.  In 2015 she was elected a Corresponding Fellow of the British Academy.  She is the recipient of the International Studies Association International Security Studies Section Distinguished Scholar Award for 2016. Also in 2016 Ghent University awarded her an honorary doctorate.  She serves on the editorial boards of the journals International Security, Security Studies, Dynamics of Asymmetric Conflict, Orbis, and Terrorism and Political Violence.

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Martha Crenshaw Professor of Political Science (by courtesy); Senior Fellow, CISAC and FSI Commentator
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