On the Rim of the Abyss: Military Intervention to Neutralize a Potential Nuclear Threat
Many have wondered whether Taliban or al Qaeda may wrest control of nuclear arsenals from Pakistani forces, whether instability in the isolated and disaffected regime in North Korea will alter the likelihood of its use of nuclear weapons and whether a nascent Iranian nuclear capability will emerge in the context of an aggressive Iranian regime.
This panel will discuss whether international controls exist to prevent nuclear weapons from falling into the wrong hands within a sovereign nation. The experts will discuss whether an obligation or a right to intervene militarily arises and the nature of that intervention. They will discuss what constitutes loss of control by a responsible regime, who is charged with making a determination that such a loss has occurred and based upon what information. They will consider whether there exists a moral or ethical imperative to intervene by conventional military means in order to prevent a takeover of nuclear weapons by rogue elements. They will discuss the scenario of a pre-emptive nuclear strike, and what are the means and legal justifications for either conducting or preventing such an option.
National Security Committee, Aerospace and Defense Industries Committee, Asia/Pacific Committee, Export Controls and Economic Sanctions Committee
ABA Standing Committee on Law and National Security
JOHN H. HARRINGTON
The Law Offices of John H. Harrington, LLC
New York, New York
Program Chair & Moderator:
JONATHAN M. MEYER
Attorney at Law
New York, New York
The George Washington University Law School
PAUL R. PILLAR
Paul R. Pillar, Georgetown University Law Center
National Defense University
SAIS Johns Hopkins University
Jonathan M. Meyer
JD, Fordham University School of Law, 1990; BA, Political Science, Tel Aviv University, July 1982
Vice Chair, National Security Committee, ABA SIL; Vice Chair, Export Controls and Economic
Sanctions Committee, ABA SIL; New York State Bar Association, Section of International Law;
Admitted, New York State; Admitted, the United States Court of International Trade.
Sponsored and Conducted lectures and symposia on the use of International Law toward the
suppression of international terrorism and application of US International Antitrust law in relation
to foreign export cartels and monopolies as applied for use as countermeasures against potential
Boycotts and/or blacklisting. Contributed to articles on the former Yugoslavia, including state
dissolution, the Serbo‐Croatian conflict, questions of state succession both within and without the
UN General Assembly, theories of state recognition, and the use of force under both customary
International law and the UN Charter. Functioned as an Informal legal advisor to the UN mission
in relation to the Serbo-Croatian conflict.
Program Co-Chair: Russia, Georgia the Use of Force and International Law: ABA, SIL, Spring Meeting, Washington DC, 2009. This Program engaged in the analysis of how international law both permits and proscribes the application of military might. Representatives from both Russia and the Republic of Georgia, joined by experts in the field, investigated the legal questions which arise after diplomacy fails, and discussed the ever expanding avenues of dispute resolution and international law, through the prism of the Georgian Conflict of August 2008.
Program Co-Chair, ABA SIL, CLE, A Practitioner's Guide to U.S. and Canadian Anti-boycott law and Policy Part 1 & Part 2, jointly executed and organized with Kay Georgi, Co- Chair of the Export Controls and Economic Sanctions Committee, ABA SIL, January 13, 2010.
Program Co-Chair: Balancing Liberty and Security at the Airport, ABA, SIL at ABA Annual Meeting, San Francisco, California, August 8, 2010. With the installation of imaging scanners in airports to detect weapons, explosives, or contraband that could be smuggled through conventional metal detectors, this program was designed as a briefing session to the Homeland Security Secretary to present the audience with the complexity of issues that are inherent in the challenge of reconciling fundamental liberties, such as personal privacy, with government oversight to achieve national security objectives in an environment of ever-evolving threats. The panel additionally addressed other issues, including the question of the implied consent, probable cause, and searches and seizures at the border.
Program Co-Chair and Moderator, Economic Sanctions: Are They Effective Tools of US Foreign Policy? February 28, 2011, ABA SIL, Washington, DC. A panel of both Practitioners and Academics engaged in the analysis of the effectiveness of Economic Sanctions as tools of foreign policy as they relate directly to: Pakistan, Iran and to North Korea. Specifically, the panel focused on measuring the effectiveness of economic sanctions in achieving articulated policy objectives and addressed the issue of whether success in inducing behavioral change by the states in question, can, or should, be measured by either the absence of, or the need for, military intervention.
Associate Editor: The National Security and Defense Review (NSDR). The National Security and Defense Review, is a new peer-reviewed journal published jointly by the Aerospace & Defense Industries Committee and National Security Committee of the ABA Section of International Law, The journal seeks to inform, and to initiate discussion among lawyers practicing in the areas of aerospace, defense, and national security. The journal leverages the complimentary interests among members of the several ABA committees, such as Export Controls and Economic Sanctions that either practice or maintain an interest in security-related developments in the law, and compiles bodies of work, which are published semi-annually, that provide special insight to practitioners, academics, and others working in these constantly evolving areas of law.
Experience includes, International Trade Law, Export Controls, Corporate Compliance, Anti‐Boycott Regulations, Public International law and the Use of Force, Legal Services, Litigation, Contracts and Public and Private International Law
Sean D. Murphy
Before joining the GWU Law School faculty in 1998, Professor Murphy served as legal counselor at the U.S. Embassy in The Hague, arguing several cases before the International Court of Justice and representing the U.S. government in matters before the International Criminal Tribunal for the former Yugoslavia, the Permanent Court of Arbitration, and The Hague Conference on Private International Law. He also served as U.S. agent to the Iran-U.S. Claims Tribunal, arguing cases on behalf of the U.S. government and providing advice to U.S. nationals appearing before that tribunal. Between 1987 and 1995, he served in the U.S. Department of State Office of the Legal Adviser, primarily advising on matters relating to international environmental law, international claims, and politico-military affairs. He continues to serve as legal counsel to foreign governments, including Kosovo and Macedonia in cases before the International Court of Justice.
Professor Murphy has published numerous articles on international law; his article on international environmental liability won the American Journal of International Law 1994 Deak Prize for best scholarship by a younger author. His book Humanitarian Intervention: The United Nations in an Evolving World Order, won the American Society of International Law 1997 certificate for preeminent contribution to creative scholarship. His most recent books are International Law: Cases and Materials(with Damrosch, Henkin & Smit), and Foreign Relations and National Security Law (with Franck & Glennon).
Professor Murphy is a member of the board of editors of the American Journal of International Law.
Paul R. Pillar is a 28-year veteran of the Central Intelligence Agency (CIA), a visiting professor at Georgetown University for security studies and a member of the Center for Peace and Security Studies.Prior to joining the CIA, Pillar served as a U.S. Army officer in Vietnam. He earned an A.B. degree from Dartmouth College, and received the B.Phil from Oxford University and an M.A. and Ph.D. from Princeton University.
He became chief of analysis at the Agency's Counterterrorist Center (CTC) in 1993. By 1997 he was the Center's deputy director. But in summer 1999 he suffered a clash of styles with the new director, Cofer Black. Soon after, Pillar left the Center.
Harvey Rishikof Esq.
Mr. Harvey Rishikof, Esq., former Chair, Department of National Security Strategy, Professor of Law and National Security Studies at the National War College in Washington, DC, specializes in the areas of national security, civil and military courts, terrorism, international law, civil liberties, and the U.S. Constitution. Mr. Rishikof's career includes experience the academy, the private sector, and public service. As Legal Counsel to the Deputy Director of the FBI (1997-99), Rishikof focused on FBI policies concerning national security and terrorism, and served as liaison to the Office of the Attorney General at the Department of Justice. Mr. Rishikof's most recent publications include: "Morality, Ethics, and Law in the War on Terrorism (The Long War), West Point Terrorism Series Countering Terrorism and Insurgency in the 21st Century: International Perspectives, James J.F. Forest ed. (2007) among many others. Mr. Rishikof regularly participates in high level international seminars and projects.
Ruth Wedgwood holds the Edward B. Burling Chair in International Law; serves as a senior fellow at the Council on Foreign Relations; chairmand of Research and Studies for the American Society of International Law; a member of the policy advisory group of the United Nations Association; an adviser to the Department of Defense on the issue of military tribunals in response to the September 11 crisis; a member of the Secretary of State's Advisory Committee on International Law and the National Security Study Group of the Hart-Rudman Commission on National Security in the 21st Century; on the board of editors for the American Journal of Internation Law and the editorial advisory board of the World Policy Journal of the New School University; and she is a board member of the Lawyers Alliance for World Security. Wedgwood also institutions at Johns Hopkins University's Paul Nitze School of Advanced International Studies.
Voluntary association (founded 1878) of U.S. lawyers, judges, and other legal professionals. The largest bar association in the U.S., it seeks to improve the legal profession, ensure the availability of legal services to all citizens, and improve the administration of justice. It conducts educational and research projects, sponsors professional meetings, and publishes a monthly journal. At the beginning of the 21st century its membership exceeded 400,000.
Body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors. The term was coined by the English philosopher Jeremy Bentham. Important elements of international law include sovereignty, recognition (which allows a country to honour the claims of another), consent (which allows for modifications in international agreements to fit the customs of a country), freedom of the high seas, self-defense (which ensures that measures may be taken against illegal acts committed against a sovereign country), freedom of commerce, and protection of nationals abroad. International courts, such as the International Court of Justice, resolve disputes on these and other matters, including war crimes. See alsoasylum; immunity.