International Law
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ABOUT THE TOPIC: In his talk, Jack Goldsmith will explain why he is skeptical about significant cybersecurity cooperation among military rivals, especially at the treaty level. He will, however, argue that the Snowden revelations make such cooperation more, not less, likely.

ABOUT THE SPEAKER: Jack Goldsmith is Henry L. Shattuck Professor of Law at Harvard University, where he specializes in national security law, international law, internet law, and presidential power. Goldsmith is the author of five books and numerous articles covering these topics. His recent books include: Power and Constraint: The Accountable Presidency After 9/11 (W.W. Norton, 2012); The Terror Presidency: Law and Judgment Inside the Bush Administration (W.W. Norton, 2007); Who Controls the Internet? Illusions of a Borderless World (Oxford Press, 2006, with Tim Wu); and The Limits of International Law (Oxford Press, 2005, with Eric Posner). Prior to his time at Harvard, Goldsmith was Assistant Attorney General in the Office of Legal Counsel from October 2003 to July 2004 and Special Counsel to the General Counsel to the Department of Defense from September 2002 through June 2003. 

CISAC Conference Room

Jack Goldsmith Henry L. Shattuck Professor of Law, Harvard Law School Speaker
Jonathan Mayer Cybersecurity Fellow, CISAC Commentator
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ABOUT THE SPEAKER: Elaine Korzak joined CISAC in September 2013 as a predoctoral cybersecurity fellow. She is a PhD student in the Department of War Studies at King's College London. Elaine's thesis evaluates how cyber attacks challenge current legal norms and whether the identified challenges ultimately warrant a new legal framework. The analysis focuses on two areas in particular: international law on the use of force (jus ad bellum) and international humanitarian law (jus in bello). During her time at CISAC, Elaine is conducting empirical research examining states' responses to the legal challenges created by cyber attacks. Her analysis focuses on various state positions in key international forums, including the United Nations and the International Telecommunication Union.

Elaine earned a Bachelor's degree in International Relations from the University of Dresden (Germany) before focusing her research interests at the interface of international law and security studies. She holds both an MA in International Peace and Security from King's College London and an LL.M in Public International Law from the London School of Economics. Her professional experience includes various governmental and non-governmental institutions (both national and international), where she has worked on various disarmament and international security issues. These include, most recently, NATO's Cyber Defence Section as well as the European Commission's Director-General on Information Society and Media.

ABOUT THE TOPIC: With their unique characteristics such as swiftness, its non-kinetic nature and anonymity, computer network attacks fundamentally challenge the current international legal paradigm which is based on a state-centered concept of armed force involving some degree of kinetic energy transfer through blast and fragmentation. It has been argued that a revolution in military affairs has been ushered in by technological advancements that cannot be accommodated within the existing legal framework. Both practitioners and scholars have called for a new regulatory framework to govern computer network attacks. This presentation will give an overview of Elaine's doctoral research project which evaluates these claims by examining if and how computer network attacks challenge key norms of international law on the use of force and international humanitarian law and whether the identified challenges ultimately warrant a new legal framework.   

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Elaine Korzak is a research scholar at the Berkeley Risk and Security Lab (BRSL) at UC Berkeley where she focuses on international cybersecurity governance. She is also an affiliate at the Center for Long-Term Cybersecurity (CLTC) at UC Berkeley and the Center for International Security and Cooperation (CISAC) at Stanford University.

Her research covers international legal, policy, and governance aspects in cybersecurity, including norms and international law governing state conduct in cyberspace, cybersecurity negotiations at the United Nations, and the international regulation of commercial spyware. Her work has appeared in the Oxford Handbook of Cyber Security, the Routledge Handbook of International Cybersecurity, the Georgetown Journal of International Affairs, the Bulletin of the Atomic Scientists, and RUSI Journal.

Previously, Elaine was a cybersecurity postdoctoral fellow at the Center for International Security and Cooperation (CISAC) and a national fellow at the Hoover Institution, both at Stanford University, before leading the Cyber Initiative at the Middlebury Institute of International Studies at Monterey (MIIS). She holds a PhD in War Studies and an MA in International Peace and Security from King’s College London, as well as an LL.M. in Public International Law from the London School of Economics and Political Science (LSE).

 

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Elaine Korzak Speaker Cybersecurity Predoctoral Fellow, CISAC, and PhD Candidate
Andrew K. Woods Cybersecurity Fellow Speaker CISAC
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ABOUT THE TOPIC: The use of unmanned aerial vehicles, also known as drones, as a counterterrorism tool has become the subject of considerable debate. Proponents point to drones as both effective for disrupting terrorist networks and compatible with international legal commitments. Critics assert that attacks create more terrorists than they kill while also violating international law. Both defenders and detractors have increasingly sought to make their case in the public sphere with the intent of swaying public support. This research studies the marketplace of ideas on the question of drones with an eye towards explaining 1) the type of arguments—i.e., whether or not drones are compatible with international law or are militarily effective—that resonate most with the public; and 2) the source of those ideas, whether international organizations, non-governmental organizations, or the government. In doing so, it fills a gap in a literature that has typically focused on sources of public support for initially going to war rather than attitudes toward states’ actual conduct and wielding of violence in the midst of armed conflict.

CISAC Conference Room

Sarah Kreps Assistant Professor Speaker the Department of Government, Cornell University
Priya Satia Associate Professor of British History, Department of History, Stanford University Commentator
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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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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.

CISAC Conference Room

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 has called on colleagues and friends to congratulate his co-director, Mariano-Florentino Cuéllar on being named to an endowed professorship at Stanford Law School. Cuéllar is now the Stanley Morrison Professor of Law, named for the late Stanford constitutional law professor. Hecker issued the following statement:

"A member of the Stanford faculty since 2001, Tino became my co-director at CISAC in September 2011. He is also a faculty affiliate of CDDRL and a senior fellow at FSI. The endowed professorship is a tribute to his extensive work in both the law and international security and cooperation. Tino has done much to take CISAC forward as a center that focuses not only on nuclear nonproliferation, arms control and counterterrorism, but one that also tackles cyber and biosecurity, as well as migration and transnational flows.

"His teaching and research focus on administrative law, executive power and how organizations implement critical regulatory, public safety, migration and international security responsibilities in a changing world.

"Tino has a new book coming out next month: “Governing Security: The Hidden Origins of American Security Agencies” (Stanford University Press). The book explores the history and impact of the Roosevelt-era Federal Security Agency (today the Department of Health and Human Services) and the Department of Homeland Security established after the 9/11 terrorist attacks.

"Tino has served in the Obama and Clinton administrations, most recently as Special Assistant to the President for Justice and Regulatory Policy in 2009-2010. In July 2010, President Obama appointed Tino to the Council of the Administrative Conference of the United States, an independent agency charged with recommending improvements to federal regulatory programs.

"The Stanley Morrison professorship was established in 1996 by Joan and Henry Wheeler to honor Morrison, who was a beloved professor at Stanford Law School for three decades, specializing in criminal, constitutional, tax and international law."

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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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