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The Film's Mission

This film is meant to be a wakeup call for humanity, to help develop an understanding of the realities of the nuclear weapon, to explore ways of presenting the answers for “a way beyond” and to facilitate a dialogue moving towards resolution of this Gordian knot of nuclear weapons gripping the world.  The documentary’s characters are the narrative voices, interwoven with highly visual sequences of archival and contemporary footage and animation.  The story is a morality play, telling the struggle waged over the past six and half decades with the last act yet to be determined, of trying to find what is “the way beyond?”

Director's Statement

“In My Lifetime” takes on the complex realities of “the nuclear world”, and searches internationally for an answer to the question is there a Way Beyond?  This documentary is part wake up call, part challenge for people to engage with the issue of ridding the world of the most destructive weapon ever invented.

In February 2008, I began a journey to film and report on the story of the inner workings of the nuclear world.  There has been a re-emergence of the realization that a world with nuclear weapons, including a proliferation of fissile nuclear materials, is a very dangerous place.  Of course this realization has been known since the creation of the atomic bomb.  It continues to be a struggle which has not been resolved.

This is a very complex issue with many voices, speaking from many perspectives, representing the forces and entrenched institutions in the nuclear states, not to speak of the rest of the world’s nations some of them with nuclear power capable of producing their own fissile materials and now there is the danger of so called “non-state actors”, who want to get their hands on the nuclear fissile materials necessary to create nuclear weapons. Today the materials and technology to make nuclear weapons are more readily available than any government who possess them would like one to believe.

At this writing it there are new developments in this parallel nuclear world, with a new emergence of the debate as to what has to change and steps need to be taken to move away from nuclear weapons.  Since over the past year there definitely has been movement towards dealing with the reality, as a result this project has been able to record the changes taking place.

Following the screening, Robert Frye (the film's Director) will discuss the film with the audience.

For more information about the film, please visit the Nuclear World Project website. 

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Robert Frye Director, "In My Lifetime" Commentator
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Computers and the networks that connect them are powerful storehouses of information. They're also vulnerable to sabotage, and the data they handle can be stolen, altered or erased. President Obama has called cyberattacks "one of the most serious economic and national security threats our nation faces." 

To help tackle the problem, researchers at Stanford’s Center for International Security and Cooperation are exploring issues in cybersecurity and keeping a close eye on the policy discussions. Earlier this month, CISAC brought together a group of lawmakers and industry leaders from Silicon Valley to discuss new efforts to prevent cyberespionage and related crimes. 

Rep. Mike Rogers (R-Mich.) talked about a bill he’s introduced to safeguard technology. "The intelligence community believes strongly that it's just a matter of time before we have a catastrophic cyberattack," said Rogers, chairman of the House Permanent Select Committee on Intelligence. "We have admired this problem for a very long time and it's time to do something." 

Among the other speakers were Rep. Anna Eshoo (D-Calif.), Intel Chief Executive Officer Paul Otellini, and security experts from Google, Cisco Systems and Oracle. 

After the invitation-only event, CISAC's Mariano-Florentino Cuéllar, Otellini and Rogers discussed the future of the Internet, the scope of the cyberthreat and government's role in defending against it. Excerpts: 

 

There are core questions about where the world is going  

"Cybersecurity problems are real and they’re immediate. And the threats are probably growing and the problems we face require solutions. But it’s just as important to think about where we’re going to be 20 to 30 years from now as it is to deal with the immediate problems. That’s because the choices we make about how to secure cyberspace are going to be choices about what your identity will be online, what powers government will have, what nation states will be able to do to each other, what companies will be able to do when they deal with cyberthreats, how aggressively they will be able to respond on their own -- those are essentially choices about the architecture of the world. So it's useful for us to understand as scholars and as people engaged in policy, that choices about cybersecurity are not just technical. They’re really core questions about where is the world going."

-- Mariano-Florentino Cuéllar, co-director, Center for International Security and Cooperation

 

Preventing electronic pickpockets 

"On the commercial side it's no secret that there's industrial espionage going on through cyberhacking. There are also rogue groups that are not nation states, but people who just want to steal your identity. So the ability to see those attacks coming, to see those profiles coming, and to be able to improve the quality of the computer network and the phone networks and the phones themselves will also allow us to protect our own intellectual property as companies, and protect the identity and potentially the financial assets of our collective customers. When your cell phone is your wallet -- as it will be in the not-too-distant future -- all of a sudden that's like having an electronic pickpocket. An attack is going to compromise everything you have. Beyond that, many large technology firms feel that as good corporate citizens and as good local citizens, we have a responsibility to try and make sure the world's computer networks are not disrupted. If computers aren’t trusted, we don't have much of a business. We are commercially incentivized to make all this stuff so much better."

-- Paul Otellini, chief executive officer, Intel. 

 

We can be a partner with industry 

"Individually, a company gets hacked for espionage purposes -- that's a criminal event. Collectively, it becomes a national security issue because of the sheer volume of intellectual property that would be compromised. You also have the other level: a disruptive cyberattack that shuts down certain capabilities, whether it's financial, in the energy sector or otherwise. We've fought this fight with dot-gov and dot-mil for quite a long time. Dot-com has, too, but they've been a bit on their own. This proposal has the government weighing in and saying, 'Hey, maybe we can be a partner.'"

-- Mike Rogers, chairman of the House Permanent Select Committee on Intelligence. 

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About the topic: Standards and regulations for the management, transportation and disposal of radioactive materials have been key to the development of strategies for the handling and disposing of radioactive materials at the “back-end” of the nuclear fuel cycle.  This presentation summarizes previous U.S. experience in developing a standard and regulations for the geologic disposal of spent nuclear fuel and high-level radioactive waste.  The main purpose of a standard and its implementing regulations should be to protect human health and the environment, but the structure of the standard and regulations, as well as the standard-of-proof for compliance, should not extend beyond what is scientifically possible and reasonable.  The demonstration of compliance must not only be compelling, but it must also be able to sustain scientific and public scrutiny.  We can benefit from the sobering reality of how difficult it is to project the future behavior of a geologic repository over extended spatial and temporal scales that stretch over tens of kilometers and out to a million years.

About the Speaker: Rodney Ewing is the Edward H. Kraus Distinguished University Professor at the University of Michigan.  He was appointed to the U.S. Nuclear Waste Technical Review Board by President Obama on July 28, 2011.

He has faculty appointments in the departments of Earth and Environmental Sciences, Nuclear Engineering & Radiological Sciences and Materials Science & Engineering and is an Emeritus Regents' Professor at the University of New Mexico, where he was a member of the faculty from 1974 to 1997.  He is a fellow of the Geological Society of America, the Mineralogical Society of America, the American Geophysical Union, the Geochemical Society, the American Ceramic Society, the American Association for the Advancement of Science, and the Materials Research Society. 

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Senior Fellow at the Freeman Spogli Institute for International Studies
Frank Stanton Professor in Nuclear Security
Professor of Geological Sciences
rodewingheadshot2014.jpg MS, PhD

      Rod Ewing was the Frank Stanton Professor in Nuclear Security and Co-Director of the Center for International Security and Cooperation in the Freeman Spogli Institute for International Studies and a Professor in the Department of Geological Sciences in the School of Earth, Energy and Environmental Sciences at Stanford University. He was also the Edward H. Kraus Distinguished University Professor Emeritus at the University of Michigan, where he had faculty appointments in the Departments of Earth & Environmental Sciences, Nuclear Engineering & Radiological Sciences and Materials Science & Engineering.  He was a Regents' Professor Emeritus at the University of New Mexico, where he was a member of the faculty from 1974 to 1997. Ewing received a B.S. degree in geology from Texas Christian University (1968, summa cum laude) and M.S. (l972) and Ph.D. (l974, with distinction) degrees from Stanford University where he held an NSF Fellowship.    His graduate studies focused on an esoteric group of minerals, metamict Nb-Ta-Ti oxides, which are unusual because they have become amorphous due to radiation damage caused by the presence of radioactive elements. Over the past thirty years, the early study of these unusual minerals has blossomed into a broadly-based research program on radiation effects in complex ceramic materials.  In 2001, the work on radiation-resistant ceramics was recognized by the DOE, Office of Science – Decades of Discovery as one of the top 101 innovations during the previous 25 years. This has led to the development of techniques to predict the long-term behavior of materials, such as those used in radioactive waste disposal.

      He was the author or co-author of over 750 research publications and the editor or co-editor of 18 monographs, proceedings volumes or special issues of journals. He had published widely in mineralogy, geochemistry, materials science, nuclear materials, physics and chemistry in over 100 different ISI journals. He was granted a patent for the development of a highly durable material for the immobilization of excess weapons plutonium.  He was a Founding Editor of the magazine, Elements, which is now supported by 17 earth science societies. He was a Principal Editor for Nano LIFE, an interdisciplinary journal focused on collaboration between physical and medical scientists. In 2014, he was named a Founding Executive Editor of Geochemical Perspective Letters and appointed to the Editorial Advisory Board of Applied Physics Reviews.

      Ewing had received the Hawley Medal of the Mineralogical Association of Canada in 1997 and 2002, a Guggenheim Fellowship in 2002, the Dana Medal of the Mineralogical Society of America in 2006, the Lomonosov Gold Medal of the Russian Academy of Sciences in 2006, a Honorary Doctorate from the Université Pierre et Marie Curie in 2007, the Roebling Medal of the Mineralogical Society of America in 2015, Ian Campbell Medal of the American Geoscience Institute, 2015, the Medal of Excellence in Mineralogical Sciences from the International Mineralogical Association in 2015, the Distinguished Public Service Medal of the Mineralogical Society of America in 2019, and was a foreign Fellow of the Royal Society of Canada. He was also a fellow of the Geological Society of America, Mineralogical Society of America, Mineralogical Society of Great Britain and Ireland, American Geophysical Union, Geochemical Society, American Ceramic Society, the American Association for the Advancement of Science and the Materials Research Society. He was elected a Fellow of the National Academy of Engineering in 2017.

      He was president of the Mineralogical Society of America (2002) and the International Union of Materials Research Societies (1997-1998). He was the President of the American Geoscience Institute (2018). Ewing had served on the Board of Directors of the Geochemical Society, the Board of Governors of the Gemological Institute of America and the Science and Security Board of the Bulletin of the Atomic Scientists.

      He was co-editor of and a contributing author of Radioactive Waste Forms for the Future (North-Holland Physics, Amsterdam, 1988) and Uncertainty Underground – Yucca Mountain and the Nation’s High-Level Nuclear Waste (MIT Press, 2006).  Professor Ewing had served on thirteen National Research Council committees and board for the National Academy of Sciences, Engineering and Medicine that have reviewed issues related to nuclear waste and nuclear weapons. In 2012, he was appointed by President Obama to serve as the Chair of the Nuclear Waste Technical Review Board, which is responsible for ongoing and integrated technical review of DOE activities related to transporting, packaging, storing and disposing of spent nuclear fuel and high-level radioactive waste; he stepped down from the Board in 2017.

https://profiles.stanford.edu/rodney-ewing

Co-director of the Center for International Security and Cooperation
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Rodney Ewing Edward H. Kraus Distinguished University Professor, University of Michigan; Member, Nuclear Waste Technical Review Board; Affiliate, CISAC Speaker
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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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OVER the last three years, as I delved into the world of American nuclear weapons, I felt increasingly as though I had stepped into a time warp. Despite the nearly total rearrangement of the international security landscape since the demise of the Soviet Union in 1991, the rise of Islamic terrorism and the spread of nuclear materials and technology to volatile nations like Pakistan, North Korea and Iran, the Defense Department remains enthralled by cold war nuclear strategies and practices.

Barack Obama took office determined to change that. He has made progress on many fronts. Last week, he outlined a new, no-frills defense strategy, downsizing conventional forces. He now needs to double down on his commitment to refashion nuclear forces. He should trim the American nuclear arsenal by two-thirds to bring it down to a sensible size, order the Pentagon to scale back nuclear war-fighting plans so they are relevant to contemporary threats, remove most American intercontinental, land-based missiles from high alert and drop the quaint notion that a fleet of aging B-52 bombers can effectively deliver nuclear weapons to distant targets.

This agenda is not only desirable, it is doable without undercutting American security. It would save tens of billions of dollars a year, a relatively small amount by Pentagon standards, but every billion counts as Leon E. Panetta, the defense secretary, trims his budget. And the steps can safely be taken without requiring reciprocal moves by Russia that must be codified in a treaty.

For the last few months, the Obama administration has been conducting a classified review of the doctrines and operations that determine the shape and potential uses of America’s nuclear armaments. If the president pushes back against the defenders of the old order at the Pentagon and other redoubts of the nuclear priesthood, he can preserve American security while making the United States a more credible leader on one of today’s most critical issues — containing the spread of nuclear weapons. Like a chain smoker asking others to give up cigarettes, the United States, with its bloated arsenal, sounds hypocritical when it puts pressure on other nations to cut weapons and stop producing bomb-grade highly enriched uranium, the key ingredient of a crude nuclear weapon.

American actions alone won’t end the proliferation danger, but American leadership is essential to any hope of containing the threat.

Sam Nunn, the former chairman of the Senate Armed Services Committee, and anything but a dove over the years, rightly warns that the spread of weapons and the means to make them may soon reach a combustible stage where New York, Washington, Moscow, Tokyo or London is at risk of a nuclear terrorist attack.

Mr. Nunn and other keepers of America’s cold-war armory, George P. Shultz and Henry A. Kissinger, former Republican secretaries of state, and William J. Perry, a former Democratic defense secretary, have banded together in recent years to press, among other things, for cutting nuclear forces, de-alerting missiles and, ultimately, eliminating nuclear arms. Mr. Obama has embraced their aims and welcomed them to the Oval Office. Their high-powered, bipartisan alliance, if adroitly employed by the White House, ought to provide some political cover as Mr. Obama reshapes nuclear policy while running for a second term.

There is no national security rationale for maintaining an arsenal of some 5,000 warheads, with nearly 2,000 arms ready to use on short notice and the rest in reserve. We don’t need thousands of warheads, or even hundreds, to counter threats from countries like Iran or North Korea.

The only conceivable use of so many weapons would be a full-scale nuclear war with Russia, which has more warheads than the United States. But two decades after the collapse of the Soviet Union, even Vladimir V. Putin, with his authoritarian bent, is not about to put Russia on a collision course with the United States that leads to nuclear war. China, equally unlikely to escalate tensions to the nuclear brink, probably has fewer than 400 warheads and a policy to use them only in self-defense. Pakistan has roughly 100, North Korea fewer than 10 and Iran, so far, zero.

The United States could live quite securely with fewer than 1,500 warheads, half in reserve. Defenders of the nuclear faith claim we need 5,000 weapons as a hedge against warheads that may become defective over time. But an elaborate Energy Department program to maintain and refurbish warheads, the Stockpile Stewardship Program, has proved highly effective.

Another oft-cited reason for increasing our arsenal is that the Pentagon’s nuclear war-fighting plans still call for striking hundreds of targets in Russia and China, as well as dozens of sites in a number of other publicly unidentified nations — presumably Iran, North Korea and Syria — considered potentially hostile to the United States and eager to possess unconventional weapons.

Washington’s current nuclear war plans remain far too outsize to deal with any plausible attack on America. Mr. Obama could remove some nations from the hit list, starting with China, and tell his generals to limit the number of targets in the countries that remain.

The oversize American nuclear arsenal features an equally outdated reliance on long-distance bombers. The days when lumbering B-52 bombers could play a central role in delivering nuclear weapons — memorably spoofed in Stanley Kubrick’s “Dr. Strangelove” — ended decades ago. Mr. Obama should ground the bombers and depend on land- and sea-based missiles.

The high-alert status of America’s intercontinental ballistic missiles is another anachronism. There are few circumstances that might require the United States to quickly launch nuclear-tipped missiles, and missiles on high alert are an invitation to an accident, or impulsive action. In the first year of his presidency, Mr. Obama outlined an ambitious nuclear weapons agenda. Absent new action, Washington will remain frozen in a costly cold war posture.

Philip Taubman is a former New York Times bureau chief in Moscow and Washington and the author of “The Partnership: Five Cold Warriors and Their Quest to Ban the Bomb.”

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Zittrain will discuss the false starts in understanding the simultaneously underappreciated and overhyped fields of cybersecurity and cyberwarfare, and offer a view on where the deepest problems lie -- and how to address them.


About the speaker: Jonathan Zittrain is a Professor of Law at Harvard Law School and the Kennedy School of Government, Professor of Computer Science at Harvard’s School of Engineering and Applied Sciences, and a co-founder of the Berkman Center for Internet & Society at Harvard University. Previously, he was Professor of Internet Governance and Regulation at Oxford University and a principal of the Oxford Internet Institute. He was also a visiting professor at the New York University School of Law and Stanford Law School.

Zittrain’s research interests include battles for control of digital property and content, cryptography, electronic privacy, the roles of intermediaries within Internet architecture, and the useful and unobtrusive deployment of technology in education. He was co-counsel with Lawrence Lessig in Eldred v. Ashcroft, challenging the Sonny Bono Copyright Term Extension Act of 1998. The case lost 7-2 at the Supreme Court.

He also performed the first large-scale tests of Internet filtering in China and Saudi Arabia in 2002, and as part of the OpenNet Initiative, he has co-edited studies of Internet filtering by national governments, Access Denied: The Practice and Policy of Global Internet Filtering and Access Controlled: The Shaping of Power, Rights, and Rule in Cyberspace. His brainchild Herdict – a website that collects and tracks self-reported inaccessible sites from around the world- was launched in February, 2009. His book about the future of the now-intertwined Internet and PC, “The Future of the Internet — And How to Stop It,” came out in April 2008 from Yale University Press and Penguin UK — and under a Creative Commons license.

Zittrain holds a bachelor’s degree in cognitive science and artificial intelligence from Yale University, a J.D. from Harvard Law School, and a master’s in public administration from Harvard’s John F. Kennedy School of Government. He is a member of the Board of Trustees of the Internet Society, the Board of Directors of the Electronic Frontier Foundation, and a faculty fellow and Young Global Leader of the World Economic Forum, where he also chairs the Global Agenda Council on the Future of the Internet.

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Jonathan Zittrain Professor of Law at Harvard Law School and Professor of Computer Science at the Harvard School of Engineering and Applied Sciences Speaker
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Samuel J. Rascoff Associate Professor of Law, New York University School of Law Speaker
Mariano-Florentino Cuéllar Professor and Deane F. Johnson Faculty Scholar at Stanford Law School; CDDRL Affiliated Faculty; FSI Senior Fellow; FSE Affiliated Faculty and Co-Director of CISAC Commentator
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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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