Lieber Society on the Law of Armed Conflict Documents

Berkeley panel on stopping war crimes before they happen, March 28, 2016.

Jamie Williamson recently chaired an interesting panel for the ICRC on 'Translating IHL into military operations'. It is available on line (here: https://youtu.be/ZMJPepo2ff8) for viewing.

Panelists were:

- Richard Jackson, Adjunct Professor of Law, Georgetown University and Former Special Assistant to the U.S. Army Judge Advocate General for the Law of War Matters
- Andrew Carswell, Senior Delegate to the Armed Forces, ICRC
- Lone Kjelgaard, Senior Assistant Legal Advisor at the Office of Legal Affairs, NATO
- Charles Garraway, Colonel, Member of the International Humanitarian Fact-Finding Commission

It is well worth watching. Links to blog posts on the panel:

https://blogs.icrc.org/law-and-policy/tag/military-operations/

and

http://intercrossblog.icrc.org/blog/october-4th-webinar-translating-ihl-...

2017 Lieber Society Business Meeting Summarized Minutes

The Lieber Society’s business meeting at the 2017 annual ASIL conference was held Thursday, April 13th. Christie Edwards, the interest group’s chair, opened the meeting with a warm welcome to the overflowing room. [ed note: the small room and large turn-out prompted a short exchange between the chair and ASIL’s stalwart Matt Gomez, who was asked whether the Lieber Society is one of ASIL’s largest groups; he said membership was the second largest Interest Group in ASIL - current records suggest it is near 500 members]. After members of the executive committee in attendance introduced themselves (Craig Martin, webmaster extraordinaire; Rachel VanLandingham, secretary; Laurie Blank, Chris Jenks, and Evan Wallach, executive committee members), Christie noted that she was hoping to personally introduce everyone to the new vice chair, Kate Doty, but Kate was concluding her chairmanship of another interest group which was meeting at the same time. Christie highlighted her election and that the entire executive committee was looking forward to serving with Kate (welcome and congrats, Kate!)

Christie then provided a run-down of the many events the Society has sponsored over the last year, including several in the fall, one in January on torture among others, and noted that all the Lieber-Society sponsored events are listed on the Society’s Facebook page, with links to Youtube videos of the actual events themselves. She also highlighted the Society’s support of the Jean Pictet and Clara Barton IHL competitions. She noted that the Society has around $1,600 remaining in its coffers (ASIL gives interest groups $600 a year).

Laurie Blank thanked the Lieber Prize award committee for their work, and announced that the 2017 annual Lieber Society prize for best article dealing with law and armed conflict went to Tom Dannenbaum for his work “Why have we criminalized aggressive wars?” (126 Yale Law J. 2017) and that the 2017 Lieber Prize for best book on law and armed conflict goes to Canadian Brig Gen (ret) Ken Watkin, for his terrific book “Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict” (which can be found here https://global.oup.com/academic/product/fighting-at-the-legal-boundaries... ). Neither award winners were present to personally receive their certificates.

Chris Jenks then announced this year’s Baxter prize recipient. Since 2007, the Lieber Society has annually recognized a paper that significantly enhances the understanding and implementation of the law of war written by an active member of the regular or reserve armed forces, regardless of nationality. The 2017 winner of the Richard R. Baxter award went to U.S. Army Lieutenant Colonel Christopher Ford for his work “Autonomous Weapons and the Law of Armed Conflict.” The honorable mention was awarded to Italian Navy Lieutenant (Junior Grade) Matteo Tondini for his book chapter "Coalitions of the Willing." LTC Ford was present for the meeting, and Chris presented him with his certificate and one-year ASIL membership.

Next Craig Martin discussed the Lieber Society’s ASIL page, and an informal survey was conducted to see how many folks actually visit it regularly (not many). He reported on the development of the Lieber Society Facebook page, which Matthew Gomez confirmed is one of the most active of the interest group pages, with close to 200 followers. Craig asked members to forward suggestions regarding what sort of content they would like to see on the page, and that they also forward to him news of their publications so that the Society can publicize the publications of all members. He announced that the Society now has the capability to post YouTube videos to the webpage, which in turn means the Society can finally launch a podcast. The audience expressed general, non-specific support for a Lieber Society podcast, and someone recommended that a transcript be made if possible of podcasts.

During the open discussion component of the meeting, executive committee members Lt Gen Charlie Dunlap (USAF, ret) recommended that the Lieber Society compile a list of IHL experts, with an emphasis on new voices, and that perhaps such a list could be on our webpage; someone echoed this suggestion by noting that the Lawfare blog has a list of surveillance law experts.

Professor Diane Amman next formally announced that the Society has recently elected a new vice chair, and that the new Vice Chair of the Lieber Society is Kathleen Doty, who is currently the Director of Global Practice Preparation, Dean Rusk International Law Center (and in that capacity works for Professor Amman, which is why she was introducing her in absentia) and is just concluding her tenure as the Chair of the ASIL Non-proliferation, Arms Control and Disarmament interest group (link to Kate’s full bio is here: https://www.law.uga.edu/profile/kathleen-doty ).

The annual business meeting concluded with a strong note of appreciation to the inimitable Kate Jackson, who just concluded three years of very able service to the Society as Vice Chair. Thank you, Kate!

by Rachel VanLandingham, Secretary

Universidad del Pacifico Law School announces a Call for Papers for its conference “New Security Challenges: Organized Crime and Urban Conflict in the Americas” to take place in October 24-26, in Lima, Peru. The conference will explore the human rights and international humanitarian law challenges posed by militarization of responses against organized crime and seek to offer concrete steps and policy options for Latin American governments. Particular topics of interest include: The lower threshold for the application of international humanitarian law in situations of urban violence; understanding new organized criminal organizations in the Americas (MS-13, Bacrim, PCC, etc.); and the humanitarian consequences of armed conflict and organized crime on vulnerable populations. Details for the event can be found here: http://www.up.edu.pe/UP_Landing/CallforPapersIHL/default.aspx. The full call for papers is available here: http://www.up.edu.pe/UP_Landing/CallforPapersIHL/Call-for-Papers-EN.pdf. Spanish and Portuguese versions are also available in the event website. The deadline for submitting abstracts is 15 May 2018.

http://www.bu.edu/ilj/files/2014/05/Chhabra_JCI2-1.pdf

The purpose of this article is to criticize the international
community’s current wait-and-see approach to NKR and OSCE talks
and to suggest an alternative by drawing on the lessons of historical
recognition efforts and existing scholarship on NKR’s self-determination
efforts.15 Rather than continue to hope for an OSCE outcome twenty years
after talks began, the Great Powers have an independent responsibility
to keep up the pressure by overseeing the transition unilaterally.16
Moreover, this responsibility requires that the Great Powers not base decisions
solely upon their own geopolitical interests; instead, international customary
law (“ICL”) and regional custom governing the former Soviet states
obligates them to abide by norms that might lead to outcomes counter to
their own preferences.17 The failure of the international community to act
when needed is a failure of the international system itself and can have
far-reaching repercussions.18 The Great Powers must therefore act when
they have a duty to do so, express or implied by their role in the international
system.
After placing NKR’s struggle in historical context, we review the
value of diplomatic recognition and proceed to query whether
international law and custom mandate such recognition if the MC
criteria have been satisfied. Next, do the Great Powers have an
enhanced responsibility to unilaterally engage with NKR, in spite of the
OSCE-led negotiation effort or any concerted action through the United
Nations? The paper concludes that custom mandates Great Power
diplomatic engagement with NKR, though not necessarily recognition,
with the expectation that such direct engagement will lead to a
relatively quick resolution. Specifically, a referendum will likely indicate
popular preference for annexation by Armenia. The ultimate decision
whether to recognize NKR continues to rest within the decision-making
ambit of each individual Great Power that chooses to actively engage with NKR.

Conference at University of Saint Gallen in Switzerland, 26-27 June 2015, organized by Thomas Burri and Isabelle Wildhaber.

Scholars and practitioners are invited to submit paper abstracts by 7 January 2015, broadly addressing autonomous decisions taken by systems. At which point does the human operator transfer the power to take decisions to the machine? How does the decision process function in specific cases? This call broadly understands both machines and decisions: think of war drones using deadly force; nanobots delivering medical substances within the human body; or swarms of robots forming a specific shape. All aspects of decisions taken by machines – be they legal, technical, social, etc. – are of interest for this call for papers.

We aim to attract diverse papers rooted in various disciplines from authors of all ranks. Our budget covers travel (without any geographical restriction), hotel, and meals for each participant selected.

For the detailed call for papers, see here:

http://www.unisg.ch/en/schools/law/profilbereiche/unternehmen-rechtinnov...

All:

Instead of having a normal Business Meeting this year, we will be sponsoring a panel. The panel is Titled "The Law of War: Behind the Headlines" or "The Law of War: Above the Fold". Naz Modirzadeh has put the panel together and will be the moderator. The participants will include Pnina Sharvit, Sean Watts, Robin Geiss, and Hina Shamsi. The panel will be in the format of response to issues rather than presentations by the panel members. Some of the issues that the panel will be focusing on include Military Support to Armed Groups, Accountability in Armed Conflict, Self-Defense classification Questions, Human Rights and IHL, and other timely and interesting questions. The panel will be on Friday (the time is not yet locked down), and we hope you will join us. Thanks to Naz for all her work on this. I am really looking forward to it.

Eric

Dear Colleagues,

You or your students may be interested to know about this rare opportunity for field work with the Peruvian Forensic Anthropology Team. The University of Northern British Columbia will provide academic credit to students who so require. Please see below!

Warm regards,

Kathy

Kathy Roberts
Legal Director
Center for Justice & Accountability (CJA)

Unearthing Evidence of Barre-era War Crimes: Apply to Field School in Somaliland (Deadline August 31)

The Peruvian Forensic Anthropology Team (EPAF, http://epafperu.org/?lang=en), in partnership with the government of the self-declared Republic of Somaliland, has opened an international forensic training program in Somaliland. The project began September 24, 2012 and the next phase will run from November 5 to December 4, 2014. The Center for Justice and Accountability (CJA cja.org) is a proud sponsor of this program, which will help determine the universe of missing people through a systematic approach, ante mortem data collection, and research of mass and clandestine graves. Click the link below to apply for the next cycle. The deadline to apply is August 31.

Applications can be found here: http://epafperu.org/somaliland-field-school-2014-ii-new-call/?lang=en

Applicants from all disciplines are welcome. Participation in the field school represents a fundamental experience for anybody interested in post-conflict studies, peace studies, human rights, forensics, transitional justice, memory, gender, or any related subject.

From 1969 to 1991, president and military dictator Siad Barre oversaw a campaign of widespread atrocities that decimated Somali civil society. To quash separatist movements in the 1980s, the Somali Armed Forces targeted civilians in the northwest, modern-day Somaliland, culminating in the bloody 1988 siege of the regional capital Hargeisa, which claimed at least 5,000 civilian lives. In August 2012, U.S. Federal Judge Leonie Brinkema awarded $21 million in compensatory and punitive damages against former Somali General Mohamed Ali Samantar for his role in the slaughter. This judgment marks the first time that any Somali government official has been held accountable for the atrocities perpetrated under that regime.

» For more information and an application, follow this link: http://cja.org/article.php?list=type&type=515

If you have any questions regarding this field school, please email EPAF at: fieldschool@epafperu.org
________________________________________
About the Center for Justice and Accountability

The Center for Justice and Accountability is an international human rights organization dedicated to deterring torture and other severe human rights abuses around the world and advancing the rights of survivors to seek truth, justice and redress. CJA uses litigation to hold perpetrators individually accountable for human rights abuses, develop human rights law, and advance the rule of law in countries in transition from periods of abuse. Read more… http://cja.org/section.php?id=86

About the Peruvian Forensic Anthropology Team

The Peruvian Forensic Anthropology Team (EPAF) is a non-profit organization that promotes the right to truth, justice, and guarantees of non-repetition in cases of forced disappearance and extrajudicial execution. EPAF seeks to contribute to the consolidation of peace and democracy where grave human rights violations have taken place by working alongside the families of the disappeared to find their loved ones, gain access to justice, and improve the conditions affecting their political and economic development. Read more… http://cja.org/article.php?id=1153

Like most of the ASIL Interest Groups, we are just getting started populating the new webpage with content, and thinking about how best to serve the members of the group. Keep an eye on this spot, and please feel free to send any ideas you may have or forward suggestions for content to the Group's web-editor, Craig Martin, at craigxmartin@gmail.com.
Regards,
Craig Martin

The Francis Lieber Prize is awarded annually by the American Society of International Law's Lieber Society on the Law of Armed Conflict to the authors of publications which the judges consider to be outstanding in the field of law and armed conflict. Both monographs and articles (including chapters in books of essays) are eligible for consideration, as the prize is awarded to the best submission in each of these two categories.

Criteria: Any work in the English language published during 2014 or whose publication is in proof at the time of submission may be nominated for this prize. The re-submission of works which have already been considered for this prize is not allowed. Entries may address such topics as the use of force in international law, the conduct of hostilities during international and non international armed conflicts, protected persons and objects under the law of armed conflict, the law of weapons, operational law, rules of engagement, occupation law, peace operations, counter terrorist operations, and humanitarian assistance. Other topics bearing on the application of international law during armed conflict or other military operations are also appropriate.

Age Limit: Competitors must be 35 years old or younger on 31 December 2014. They need not be members of the American Society of International Law. Multi-authored works may be submitted if all the authors are eligible to enter the competition. Should a multi-authored submission win the competition, the cash component of the prize shall be divided, pro rata, between the authors. Submissions from outside the United States are welcomed.

Submission: Submissions, including a letter or message of nomination, must be received by 9 January 2015. Three copies of books must be submitted. The electronic submission of articles is encouraged. Authors may submit their own work. All submissions must include contact data (e mail, fax, phone, address). The Prize Committee will acknowledge receipt of the submission by e mail.

Printed submissions must be sent to:

Professor Iain Scobbie
School of Law, Williamson Building
The University of Manchester
Oxford Road
Manchester M13 9PL
United Kingdom

Electronic submissions must be sent to:

iain.scobbie@manchester.ac.uk

Please indicate clearly in the subject line that the email concerns a submission for the Lieber Prize.

Prize: The Selection Committee will select one submission for the award of the Francis Lieber Prize in the book category and one in the article category. The Prizes consist of $500, a certificate of recognition, and a year's membership of the American Society of International Law. The winner of the Lieber Prize in both categories will be announced at the American Society of International Law's Annual Meeting in April 2015.

In 2014, the winners were:
Dr Russell Buchan, for his book, "International law and the construction of the liberal peace," published by Hart.

Professor Anna Spain, for her article, "The UN Security Council's duty to decide", 4 Harvard National Security Journal 320 (2013).

Please enjoy the third edition of our Lieber Notes.

Speakers

• LIEUTENANT GENERAL CHARLES N. PEDE, THE JUDGE ADVOCATE GENERAL, U.S. ARMY (INTRODUCTORY REMARKS)
• PROFESSOR LAURIE BLANK, EMORY LAW SCHOOL (MODERATOR)
• PROFESSOR LAURA DICKINSON, THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL (PANELIST)
• MARC LINNING, SENIOR PROTECTION ADVISOR, CENTER FOR CIVILIANS IN CONFLICT (PANELIST)
• MAJOR PETE COMBE, USMC JUDGE ADVOCATE (PANELIST)

This is the second part of a six-week Symposium. The Symposium originated as a project of ASIL’s Signature Project Initiative on Atrocity Prevention. The topic for the Week 2 Panel is:

Civilian Casualty Prevention Measures in Next Generation Conflict: Applicability in Urban Warfare and Near Peer Conflict

Speakers

• Michael Pymble, Armed Forces Delegate, International Committee of the Red Cross, Washington DC delegation (MODERATOR)
• Rob "Butch" Bracknell, Assistant Legal Advisor, NATO, Allied Command Transformation
• Professor Mitt Regan, Georgetown University Law Center
• Annie Shiel, Senior Advisor, US Policy & Advocacy, Center for Civilians in Armed Conflict (CIVIC) 

The Symposium is co-sponsored by ASIL’s Lieber Society, the Stockton Center for International Law at the U.S. Naval War College, and the International Committee of the Red Cross.

This is the third part of a six-week Symposium. The Symposium originated as a project of ASIL’s Signature Project Initiative on Atrocity Prevention. The topic for the Week 3 Panel is:

Speakers

• Introductory Remarks: Daniel R. Mahanty, Director, Center for Civilians in Conflict (CIVIC), US Program
• Moderator: Marla B. Keenan, Non-resident Fellow, Henry L. Stimson Center; Senior Advisor, PAX

Panelists:

• Colonel Joshua Berry, Deputy Chief, National Security Law Division, Office of the Judge Advocate General
• Matthew McCormack, Associate General Counsel, US Department of Defense, Office of General Counsel
• Sahr Muhammedally, Director, MENA & South Asia, Center for Civilians in Conflict 

The Symposium is co-sponsored by ASIL’s Lieber Society, the Stockton Center for International Law at the U.S. Naval War College, and the International Committee of the Red Cross.

This is the fourth part of a six-week Symposium. The Symposium originated as a project of ASIL’s Signature Project Initiative on Atrocity Prevention. The topic for the Week 4 Panel is:

Registration is required to receive the Zoom link.

Speakers

• Introductory Remarks: Dr. Ulrike Franke, European Council on Foreign Relations
• Moderator: Dr. Larry Lewis, Vice President and Director of the Center for Autonomy and Artificial Intelligence, CAN

Panelists:

• Colonel Chris Korpela, Associate Professor and Director of the Robotics Research Center, U.S. Military Academy, West Point
• Lieutenant Colonel Matthew Krause, Director, Future Concepts Directorate, The Judge Advocate General's Legal Center and School
• Shawn Steene, Senior Force Planner for Emerging Technologies, Office of the Secretary of Defense, Policy
• Iben Yde, Assistant Professor of International and Operational Law, Royal Danish Defence College

The Symposium is co-sponsored by ASIL’s Lieber Society, the Stockton Center for International Law at the U.S. Naval War College, and the International Committee of the Red Cross.

Original Description

The updated ICRC Commentary on the Third Geneva Convention was launched in June 2020. The Commentary seeks to reflect how practice has evolved in the application and interpretation of the Convention during the decades since its adoption, while preserving those elements of the original 1958 Commentary that are still relevant. To mark the publication of the updated ICRC Commentary on the Third Geneva Convention, this webinar, co-hosted by the ICRC and ASIL's Lieber Society on the Law of Armed Conflict, will discuss the contemporary interpretations and application of the Third Geneva Convention and highlight specific provisions and the practical utility of the updated Commentary. Moderator: Michael W. Meier, Special Assistant to the Army Judge Advocate General for Law of War Matters, U.S. Army; Vice-Chair of the Lieber Society Panelists: Cordula Droege, Head of the Legal Division and Chief Legal Officer, ICRC Tess Bridgeman, Senior Fellow and Visiting Scholar at NYU Law School's Reiss Center on Law and Security Sean Watts, Professor and Co-Director at the U.S. Military Academy at West Point, Lieber Institute for Law and Land Warfare (and contributor to the updated Commentary on the Third Geneva Convention)

Original Description

This is the fifth part of a six-week Symposium. The Symposium originated as a project of ASIL’s Signature Project Initiative on Atrocity Prevention. The topic for the Week 5 Panel is:

Registration is required to receive the Zoom link.

Speakers

• Randy Bagwell, Senior Director International Services, US Programs, American Red Cross
• Moderator: Annyssa Bellal, Senior Research Fellow and Strategic Advisor on International and Humanitarian Law, Geneva Academy

Panelists:

• Major Jonathan Legg, Assistant Professor, Department of Law, U.S. Air Force Academy
• Nicholas Mull, Civilian Harm Mitigation Program Manager, Defense Institute of International Legal Studies (DIILS)
• Loren "Scrappy" Voss, Senior Advisor, Civilian Harm Mitigation, Defense Security Cooperation Agency 

The Symposium is co-sponsored by ASIL’s Lieber Society, the Stockton Center for International Law at the U.S. Naval War College, and the International Committee of the Red Cross.

Lieber Notes Volume 5, Issue 4

Subject: Francis Lieber Prize 2020

The American Society of International Law's Lieber Society on the Law of Armed Conflict awards the Francis Lieber Prize to the authors of publications that the judges consider to be outstanding in the field of law and armed conflict. Both monographs and articles (including chapters in books of essays) are eligible for consideration — the prize is awarded to the best submission in each of these two categories.

Criteria: Any work in the English language published during 2019 or whose publication is in final proof at the time of submission may be nominated for this prize. Works that have already been considered for this prize may not be re-submitted. Entries may address topics such as the use of force in international law, the conduct of hostilities during international and non international armed conflicts, protected persons and objects under the law of armed conflict, the law of weapons, operational law, rules of engagement, occupation law, peace operations, counter terrorist operations, and humanitarian assistance. Other topics bearing on the application of international law during armed conflict or other military operations are also appropriate.

Eligibility: Anyone may apply for the article or book prize. For those in academia or research institutions, the prize is open to those who are up to 8 years post-PhD or JD or those with up to 8 years in an academic teaching or research position. Membership in the American Society of International Law is not required. Multi-authored works may be submitted if all the authors are eligible to enter the competition. Submissions from outside the United States are welcomed.

Submission: Submissions, including a letter or message of nomination, must be received by 10 January 2020. Three copies of books must be submitted. Electronic submission of articles is encouraged. Authors may submit their own work. All submissions must include contact information (e mail, fax, phone, address) and relevant information demonstrating compliance with eligibility criteria. The Prize Committee will acknowledge receipt of the submission by e mail.

Printed submissions must be sent to:

Professor Laurie Blank
Emory University School of Law
1301 Clifton Road
Atlanta, Georgia 30322
USA

Electronic submissions must be sent to:

Lblank@emory.edu

Please indicate clearly in the subject line that the email concerns a submission for the Lieber Prize.

Prize: The Selection Committee will select one submission for the award of the Francis Lieber Prize in the book category and one in the article category. The Prize consists of a certificate of recognition and a year's membership in the American Society of International Law. The winner of the Lieber Prize in both categories will be announced at the American Society of International Law’s Annual Meeting in April 2019.

In 2019, the winners were:

Book prize:
— Rouba Al-Salem, Security, Rights and Law - The Israeli High Court of Justice and Israeli Settlements in the Occupied West Bank (Routledge)

Article prize:
— Polina Levina Mahnad, “Protecting Cultural Property in Syria: New Opportunities for States to Enhance Compliance with International Law”, 99 Int’l Rev. Red Cross 1037 (2018)

All,

Please see the attached document regarding the call for contributions for the 2021 Francis Lieber Prize.

Best,

Michael Meier

The Spring 2021 edition of the Lieber Code Newsletter is now available!

Please find attached the Call for Submissions for the 2021 Baxter Prize.

Artificial Intelligence (AI) has profound implications for the roles of humans, technology, and human-machine interactions in armed conflict. In particular, it contributes to the development of autonomous weapon systems, new forms of information warfare, and military decision-making processes. This panel explores new developments in the use of AI in armed conflict, with a focus on disinformation technologies and decision-making processes, as well as the legal obligations and ethical considerations that should govern its development and use. Recently, the National Security Commission on Artificial Intelligence published its final report, concluding that the "United States must act now to field AI systems and invest substantially more resources in AI innovation to protect its security, promote its prosperity, and safeguard the future of democracy." Panel members will address both technological innovations and human-machine vulnerabilities that are shaping the future of AI in the context of IHL. They will also shed light on the role of governments, international organizations, and the security industry in safeguarding these technological developments and curtailing their human vulnerabilities.

Speakers:

• Lieutenant Colonel Christopher Coleman, U.S. Army Intelligence and Security Command
• Shiri Krebs, Deakin University, Australian Cyber Security Cooperative Research Centre
• Nicol Turner Lee, Brookings Institution
• Mary Ann McGrail, Law Office of M.A. McGrail, Moderator
• Robert McLaughlin, Australian National University
• Matt Turek, Defense Advanced Research Projects Agency (DARPA)

This session is organized by ASIL's Law of Armed Conflict Interest Group.

Lieber Notes Newsletter