Negotiation
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About the Speaker: Omar Dajani is one of the nation's foremost experts on the legal aspects of the conflict in the Middle East.  His scholarly work explores the links between international law, legal and political history, and contract and negotiation theory.  He also has considerable experience advising governments and development organizations in the Middle East and elsewhere.  Professor Dajani joined the McGeorge School of Law in 2004.  Previously, he was based in the Palestinian Territories, where he served first as legal advisor to the Palestinian team in peace talks with Israel and, subsequently, as an advisor to United Nations Special Envoy Terje Roed-Larsen.  Prior to working in the Middle East, he clerked for Judge Dorothy Nelson on the U.S. Court of Appeal for the Ninth Circuit and was a litigation associate at the Washington office of Sidley & Austin.  He received his Juris Doctorate from Yale Law School in 1997 and a Bachelor of Arts in American Studies, and Middle Eastern and Asian History from Northwestern University.

Omar Dajani Professor of Law, McGeorge School of Law, University of the Pacific Speaker
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CISAC Conference Room

Katherine Casey Assistant Professor of Political Economy Speaker Stanford Graduate School of Business
Brenna Powell Associate Director Commentator Stanford Center on International Conflict and Negotiation
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Anupma Kulkarni is currently a Fellow of the Stanford Center for International Conflict and Negotiation (SCICN) and Co-director of the West Africa Transitional Justice (WATJ) Project, a cross-national study on the impact of truth commissions and international criminal tribunals from the perspective of victims of human rights violations in Ghana, Liberia, Nigeria and Sierra Leone.  Dr. Kulkarni received her PhD in Political Science from Stanford University and was Assistant Professor at Arizona State University from 2007-2009.  She has been a MacArthur International Peace and Cooperation Fellow at CISAC and a Visiting Scholar at the Center for Democracy, Development and Rule of Law.  Her research specializes in transitional justice, the ways in which post-war and post-authoritarian societies address matters of memory and accountability for human rights violations as part of the larger project of effecting democratic change and political and social reconciliation.  Her book manuscript, Demons and Demos: Truth, Accountability and Democracy in Post-Apartheid South Africa, is based on her award-winning fieldwork in South Africa.  She is also co-authoring, with David Backer, The Arc of Transitional Justice: Violent Conflict, Its Victims & Pursuing Redress in Ghana, Liberia, Nigeria and Sierra Leone, a book based on primary research conducted under the auspices of the WATJ Project, made possible through generous support from the National Science Foundation.

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Anupma Kulkarni Fellow Speaker Stanford Center for International Conflict and Negotiation (SCICN)
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Shiri Krebs is a Professor of Law at Deakin University and Director of the Centre for Law as Protection. She is also the Chair of the Lieber Society on the Law of Armed Conflict, an affiliate scholar at Stanford University Center for International Security and Cooperation (CISAC), and co-lead of the Australian Government Cyber Security Cooperative Research Centre (CSCRC) Law and Policy Theme. In 2024, she was appointed as a Visiting Legal Fellow at the Australian Government Department of Foreign Affairs and Trade (DFAT). Her research on drone warfare and predictive technologies in counterterrorism and armed conflict is currently funded by a 3-year Australian Research Council (ARC) DECRA fellowship and an Alexander von Humboldt Experienced Researcher Fellowship at the University of Hamburg.

Prof Krebs’ research projects on international fact-finding, biases in counterterrorism decision-making, and human-machine interaction in drone warfare, have influenced decision-making processes through invitations to brief high-level decision-makers, including at the United Nations (CTED, Office of the Secretary-General), the United States Department of Defense, and the Australian Defence Force.

Her recent research awards include the David Caron Prize (American Society of International Law, 2021), the ‘Researcher of the Year’ Award (Australian Women in Law Awards, 2022), the Australian Legal Research Awards (finalist, Article/Chapter (ECR), 2022), and the Vice-Chancellor’s Researcher Award for Career Excellence (Deakin, 2022).

Before joining Deakin University, Prof Krebs has taught in several law schools, including at Stanford University, University of Santa Clara, and the Hebrew University of Jerusalem, where she won the Dean’s award recognizing exceptional junior faculty members.

She earned her Doctorate and Master Degrees from Stanford Law School, as well as LL.B. and M.A., both magna cum laude, from the Hebrew University of Jerusalem.

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Shiri Krebs Predoctoral Fellow Commentator CISAC
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Abstract:

Why have militarized crackdowns on drug cartels had wildly divergent outcomes, sometimes exacerbating cartel-state conflict, as in Mexico and, for decades, in Brazil, but sometimes reducing violence, as with Rio de Janeiro's new 'Pacification' (UPP) strategy?  CDDRL-CISAC Post Doctoral Fellow Benjamin Lessing will distinguish key logics of violence, focusing on violent corruption--cartels' use of coercive force in the negotiation of bribes. Through this channel, crackdowns can lead to increased fighting unless the intensity of state repression is made conditional on cartels' use of violence--a key difference between Mexico and Brazil.

Speaker Bio:

Benjamin Lessing is a recent Ph.D. in Political Science from the University of California, Berkeley. He is a joint postdoctoral fellow at the Center on Democracy, Development and the Rule of Law (CDDRL) and the Center on International Security and Cooperation (CISAC), and will join the Political Science faculty at University of Chicago as assistant professor in 2013.

Lessing studies 'criminal conflict'—organized armed violence involving non-state actors who, unlike revolutionary insurgents, are not trying to topple the state. His doctoral dissertation examines armed conflict between drug trafficking organizations and the state in Colombia, Mexico and Brazil. Additionally, he has studied prison gangs’ pernicious effect on state authority, and the effect of paramilitary groups’ territorial control on electoral outcomes. 

Prior to his graduate work, he conducted field research on the licit and illicit small arms trade in Latin America and the Caribbean for international organizations like Amnesty International, Oxfam, and the Small Arms Survey, as well as Viva Rio, Brazil’s largest NGO, and was a Fulbright Student Grantee in Argentina and Uruguay.

 

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Benjamin Lessing Post-doctoral Fellow Speaker CDDRL and CISAC

Dept. of Political Science
Encina Hall, Room 436
Stanford University,
Stanford, CA

(650) 724-5949
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Senior Fellow at the Freeman Spogli Institute for International Studies
Graham H. Stuart Professor of International Relations
Professor of Political Science
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Beatriz Magaloni Magaloni is the Graham Stuart Professor of International Relations at the Department of Political Science. Magaloni is also a Senior Fellow at the Freeman Spogli Institute, where she holds affiliations with the Center on Democracy, Development and the Rule of Law (CDDRL) and the Center for International Security and Cooperation (CISAC). She is also a Stanford’s King Center for Global Development faculty affiliate. Magaloni has taught at Stanford University for over two decades.

She leads the Poverty, Violence, and Governance Lab (Povgov). Founded by Magaloni in 2010, Povgov is one of Stanford University’s leading impact-driven knowledge production laboratories in the social sciences. Under her leadership, Povgov has innovated and advanced a host of cutting-edge research agendas to reduce violence and poverty and promote peace, security, and human rights.

Magaloni’s work has contributed to the study of authoritarian politics, poverty alleviation, indigenous governance, and, more recently, violence, crime, security institutions, and human rights. Her first book, Voting for Autocracy: Hegemonic Party Survival and its Demise in Mexico (Cambridge University Press, 2006) is widely recognized as a seminal study in the field of comparative politics. It received the 2007 Leon Epstein Award for the Best Book published in the previous two years in the area of political parties and organizations, as well as the Best Book Award from the American Political Science Association’s Comparative Democratization Section. Her second book The Politics of Poverty Relief: Strategies of Vote Buying and Social Policies in Mexico (with Alberto Diaz-Cayeros and Federico Estevez) (Cambridge University Press, 2016) explores how politics shapes poverty alleviation.

Magaloni’s work was published in leading journals, including the American Political Science Review, American Journal of Political Science, Criminology & Public Policy, World Development, Comparative Political Studies, Annual Review of Political Science, Cambridge Journal of Evidence-Based Policing, Latin American Research Review, and others.

Magaloni received wide international acclaim for identifying innovative solutions for salient societal problems through impact-driven research. In 2023, she was named winner of the world-renowned Stockholm Prize in Criminology, considered an equivalent of the Nobel Prize in the field of criminology. The award recognized her extensive research on crime, policing, and human rights in Mexico and Brazil. Magaloni’s research production in this area was also recognized by the American Political Science Association, which named her recipient of the 2021 Heinz I. Eulau Award for the best article published in the American Political Science Review, the leading journal in the discipline.

She received her Ph.D. in political science from Duke University and holds a law degree from the Instituto Tecnológico Autónomo de México.

Director, Poverty, Violence, and Governance Lab
Co-director, Democracy Action Lab
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Beatriz Magaloni Associate Professor of Political Science Commentator Stanford
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About the Speakers: Abraham Sofaer was appointed the first George P. Shultz Distinguished Scholar and Senior Fellow at Stanford’s Hoover Institution in 1994. Sofaer's work focuses on the power over war within the US government and on issues related to international law, terrorism, diplomacy, and national security. His most recent books are The Best Defense?: Legitimacy and Preventive Force and Taking On Iran: Strength, Diplomacy and the Iranian Threat. From 1985 to 1990, he served as a legal adviser to the US Department of State. He received the Distinguished Service Award in 1989, the highest state department award given to a non–civil servant.

Allen Weiner is senior lecturer in law and co-director of the Stanford Program in International Law at Stanford Law School. He is also the co-director of the Stanford Center on International Conflict and Negotiation. For more than a decade, he practiced international law in the U.S. Department of State, serving as an attorney-adviser in the Office of the Legal Adviser and as legal counselor at the U.S. Embassy in The Hague. Weiner is the author of "The Torture Memos and Accountability" in the American Society of International Law Insight and co-author of International Law. Other publications include "Law, Just War, and the International Fight Against Terrorism: Is It War?" in Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory.

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Abraham Sofaer George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs, Hoover Institution, Stanford Speaker

Stanford Law School
559 Nathan Abbott Way
Neukom Faculty Office Building, Room N238
Stanford, CA 94305-8610

(650) 724-5892 (650) 725-2592
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Senior Lecturer in Law
Director, Stanford Program in International Law
Co-Director, Stanford Center on International Conflict and Negotiation
CISAC Core Faculty Member
Europe Center Affiliated Faculty
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Allen S. Weiner is senior lecturer in law and director of the Stanford Program in International Law at Stanford Law School. He is also the co-director of the Stanford Center on International Conflict and Negotiation. He is an international legal scholar with expertise in such wide-ranging fields as international and national security law, the law of war, international conflict resolution, and international criminal law (including transitional justice). His scholarship focuses on international law and the response to the contemporary security threats of international terrorism, the proliferation of weapons of mass destruction, and situations of widespread humanitarian atrocities. He also explores the relationship between international and domestic law in the context of asymmetric armed conflicts between the United States and nonstate groups and the response to terrorism. In the realm of international conflict resolution, his highly multidisciplinary work analyzes the barriers to resolving violent political conflicts, with a particular focus on the Israeli-Palestinian conflict. Weiner’s scholarship is deeply informed by experience; for more than a decade he practiced international law in the U.S. Department of State, serving as an attorney-adviser in the Office of the Legal Adviser and as legal counselor at the U.S. Embassy in The Hague. In those capacities, he advised government policy-makers, negotiated international agreements, and represented the United States in litigation before the Iran-United States Claims Tribunal, the International Criminal Tribunal for the Former Yugoslavia, and the International Court of Justice. He teaches courses in public international law, international conflict resolution, and international security matters at Stanford Law School.

Weiner is the author of "Constitutions as Peace Treaties: A Cautionary Tale for the Arab Spring” in the Stanford Law Review Online (2011) and co-author (with Barry E. Carter) of International Law (6th ed. 2011). Other publications include “The Torture Memos and Accountability" in the American Society of International Law Insight (2009), "Law, Just War, and the International Fight Against Terrorism: Is It War?", in Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory (Steven P. Lee, ed.) (2007), ”Enhancing Implementation of U.N. Security Council Resolution 1540: Report of the Center on International Security and Cooperation” (with Chaim Braun, Michael May & Roger Speed) (September 2007), and "The Use of Force and Contemporary Security Threats: Old Medicine for New Ills?", Stanford Law Review (2006).

Weiner has worked on several Supreme Court amicus briefs concerning national security and international law issues, including cases brought involving "war on terror" detainees.  He has also submitted petitions before the United Nations Working Group on Arbitrary Detention on behalf of Vietnamese social and political activists detained by their governing for the exercise of free speech rights.

Weiner earned a BA from Harvard College and a JD from Stanford Law School.

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Allen Weiner Senior Lecturer in Law; Co-Director, Stanford Program in International Law; Co-Director, Stanford Center on International Conflict and Negotiation; CDDRL and CISAC Affiliated Faculty Member; Europe Center Research Affiliate Host
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CISAC Co-Director Siegfried Hecker explains why nuclear arms states stand to gain more than they lose by ratifying the Comprehensive Test-Ban Treaty (CTBT). He explains why it is crucial to prevent states from testing nuclear weapons, with the strongest barrier to testing being the CTBT.

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Siegfried S. Hecker
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The president, surrounded by his Cabinet members and senior national security and foreign policy advisors, appears grim as he declares: “This is certainly the greatest crisis I’ve ever faced as a president.”

He has ordered the deployment of U.S. forces into Syrian territory to protect civilians and establish safe zones. His Cabinet must now determine whether to order a pre-emptive strike against Syrian troops on word from the CIA that the Bashar al-Assad regime appears ready to use chemical and biological weapons stored in underground bunkers east of Damascus.

After a military briefing by the commander of CENTCOM, the president cautions those assembled at the classified briefing: “Remember, history will judge us, in part, by how thoroughly we discuss all the options today.”

With imagined top-secret memorandums from the CIA and the White House – as well as the real-deal Obama Nuclear Posture Review – some 20 Stanford undergraduate and law students dressed in suits and armed with laptops and position papers spend three hours debating the merits of an attack on Syrian forces.

Scott Sagan, a political science professor and senior fellow at the Center for International Security and Cooperation (CISAC), plays Obama in the class co-taught by Allen Weiner, director of the Center on International Conflict and Negotiation at the Law School.

The Ethics and Law of War class presents law and political science students with some of the political, legal and moral consequences of war. For their final simulation, they must stay in character, grill one another as policymakers and world leaders might do behind closed doors – and then defend their final decisions.

“Instead of simply learning abstract just-war theory or international law doctrine, the simulations encourage students to apply what they've learned to real problems,” says Weiner, once a legal adviser at the State Department. “This provides for much deeper awareness of the subject matter and richer appreciation of the nuances and complexities.

   
   
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Scott Sagan as President Obama 

 

Ethics & War

The class grew out of Stanford’s hugely successful, two-year War & Ethics lecture series, which concluded last month. Philosophers, writers, journalists, historians, social scientists, human rights activists and policy makers came together several times a month to grapple with the complex ethical equations of war. Co-sponsored by a dozen centers and departments across campus, the series drew big names and big crowds.

Vietnam War veterans and award winning authors Tobias Wolff – a Stanford English professor – and Tim O’Brien told a sold-out audience that writing about war was both therapeutic and heartbreaking. O’Brien was a Pulitzer Prize finalist for “The Things They Carried,” a harrowing string of stories about a platoon of American soldiers in Vietnam.

How do you write about war? “You do it sentence by sentence, line by line, character by character, even syllable by syllable,’ O’Brien told a mesmerized audience. “You dive into that wreck and try to salvage something.”

Journalist Sebastian Junger spoke at the screening of  “Restrepo,” his documentary about the Afghanistan War. Stanford students and faculty performed in George Packer’s play, “Betrayed,” which illuminated the U.S. abandonment of young Iraqi interpreters who risked their lives for Washington during the Iraq War. For the final event, Debra Satz, a philosophy professor and director of the McCoy Family Center for Ethics in Society, Sagan, and Charles Dunlap, a retired Air Force general who now leads the Center on Law, Ethics and National Security at Duke University, debated the future ethical challenges of war.

Sagan, an expert in nuclear policy and the proliferation of weapons of mass destruction who worked at the Pentagon and was a consultant to the Secretary of Defense, said the lecture series enriched his students by forcing them to pay attention and question the moral and legal underpinnings of the wars in Iraq and Afghanistan.

“I was stretched, intellectually, by this series,” he said. “It encouraged me to read and discuss both fiction and philosophy that raises the same ethical issues – from a very different perspective – that we analyze in political science.”

Back to class

Weiner, as stand-in for Vice President Joe Biden, tells those assembled they must consider that within 24 hours, 6,000 American troops will be in danger. The CIA has a “high degree of confidence” that Assad has ordered the removal of the chemical weapons from the underground bunkers and transport trucks have been spotted at the sights.

“As we head into an election cycle, the difficulties of the decision that we make today will be placed under even greater scrutiny,” Weiner says.

That decision will be to make one of these hard choices:

  • The U.S. military withdraws its troops and avoids a military confrontation, but risks further civilian deaths and the condemnation of Arab Spring allies;
  • Obama orders conventional airstrikes against Syrian troops, which could lead to thousands of inadvertent civilian casualties;
  • Washington takes extraordinary measures and uses nuclear weapons to destroy the underground storage bunkers for its weapons of mass destruction. This last option likely would eliminate any chance of Syrian troops using chemical weapons, but it would open a Pandora’s box for the Nobel Peace Prize president who has pledged to work toward a nuclear-free world.
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         U.S. Army Col. Viet Luong as CENTCOM Commander Gen. James Mattis

The students know Americans are weary of war after the WMD fiasco in Iraq and a decade-long war in Afghanistan, both of which have claimed countless lives and a trillion-plus in taxpayer dollars. Their decision – as Secretary of State Hillary Clinton and Secretary of Defense Leon Panetta, among others – is weighted by the concern that Americans likely won’t re-elect a president who drags them into another costly warm, and by the fear that a successful president cannot let American troops be exposed to deadly chemical attacks.

The mock military briefing by Gen. James Mattis – played by visiting CISAC military fellow, U.S. Army Col. Viet Luong, himself a commander in Afghanistan – lays out the risks and probabilities of casualties under each scenario.

A student asks Luong which military option he would recommend.

The general prevaricates: “I’m a military guy; I tend to lean toward success and then I also consider civilian casualties. But I’m also very concerned about putting my soldiers at risk.”

Clinton, voiced by international policy student Micaela Hellman-Tincher, says she’s concerned about mission creep. “Consider the international implications of us entering into conflict,” she says.

The fake Samantha Power of the National Security Council, played by Ashley Rhoades, urges diplomatic measures and a stand-down from military conflict. “I’m not advocating in any way for inaction,” she says. “There are several diplomatic solutions. We ask that you give us 24 hours to be able to work on these diplomatic options and multilateral diplomacy.”

Such as what? Such as calling on Moscow to mediate or seeking a U.N. envoy.

The legal team from the law school lays out their arguments for why a preventive strike would be illegal under certain conventions; while a pre-emptive strike based on imminent and unavoidable threats of attack might be permissible.

Then Stanford law student Alex Weber – playing Avril Haines, legal advisor to the National Security Council – addresses the elephant in the room: the nuclear option.

“If you use a nuclear weapon, regardless of whether the Syrians use chemical weapons against our troops, you are, as Colin Powell said in the 1991 Gulf War, opening a Pandora’s Box, particularly because Syria has no nuclear weapon,” Weber says. “You are the nuclear nonproliferation president. There is a psychological button that you push that will prompt the media to take the ethical debate to new levels.”

In the end, consensus appears to be growing around an immediate preventive strike against the storage bunkers using conventional forces. The Cabinet knows this could lead to deaths on both sides, but allowing the Syrians to use chemical weapons could lead to even more.

“You can’t cut and run, Mr. President,” insists student Torry Castellano, playing White House Chief of Staff Jacob Lew.

Obama says he will take their advice under advisement and all rise as he leaves the war room.

 

More photos of the student simulation are available at CISAC's Facebook page.

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