The Texas International Law Journal & the Robert S. Strauss Center for International Security and Law present:
A Conference on the Military Commissions Act
April 10–11, 2007
This two-day symposium will address the legal and political consequences of the recently enacted Military Commissions Act. The event—free and open to the public—will be held in the Law School’s Eidman Courtroom.
Drafted in response to the U.S. Supreme Court’s decision in Hamdan v. Rumsfeld, the Military Commissions Act was enacted for the purpose of “bringing to justice terrorists and other unlawful enemy combatants through full and fair trials by military commissions.” But passage of this act has itself raised questions: Is the Act constitutional? Does the Act violate international laws on human rights? What are the consequences of such legislation?
Experts will discuss the Military Commissions Act in four panels: (1) Military Commissions; (2) Interrogation; (3) Defining the Role of the Courts; and (4) Standards and Procedures for Classifying “Enemy Combatants.”
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Speakers
- Kenneth Anderson, American University Washington College of Law
- Geoffrey Corn, South Texas College of Law
- Allison Danner, Vanderbilt University Law School
- Jonathan Hafetz, Brennan Center for Justice, New York University School of Law
- Derek Jinks, University of Texas School of Law
- Julian Ku, Hofstra University School of Law; visiting William & Mary Marshall-Wythe School of Law
- Martin Lederman, Georgetown University Law Center
- Sanford Levinson, University of Texas School of Law
- Mark Osiel, University of Iowa College of Law
- Deborah Pearlstein, Princeton University Program in Law and Public Affairs
- David Remes, Covington & Burling, L.L.P.
- David Rivkin, Baker & Hostetler, L.L.P.
- Leila Sadat, Washington University School of Law
- David Sloss, St. Louis University School of Law
- Scott Sullivan, University of Texas School of Law
- Lieutenant Commander Charles Swift, Judge Advocate General’s Corps, United States Navy
- Ernest Young, University of Texas School of Law
Schedule
Tuesday, April 10
5:00 p.m.–6:00 p.m.
Eidman Courtroom
- Opening Keynote Address by Lieutenant Commander Charles Swift
- Introductions by Derek Jinks
Wednesday, April 11
8:00 a.m.–9:00 a.m.
Breakfast at UT Law
Jamail Pavilion
9:00 a.m.–10:30 a.m.
Military Commissions
Eidman Courtroom
What rules should govern war crimes trials by military commission? As a direct legislative response to the Supreme Court’s decision in Hamdan v. Rumsfeld, the Military Commissions Act (MCA) purports to correct the structural and procedural defects that prompted the Court to invalidate the then-contemplated commissions. Panelists will analyze the framework provided by Congress, assessing whether it is consistent with domestic and international law.
- David Remes
- Julian Ku
- Geoffrey Corn
- Derek Jinks (moderator)
10:30 a.m.–11:00 a.m.
Break
11:00 a.m.–12:30 p.m.
Interrogation
Eidman Courtroom
What rules ought to govern the interrogation of enemy combatants in the Global War on Terror? The MCA and Detainee Treatment Act (DTA) enact some important, even if arguably modest, constraints on U.S. interrogation policy. Panelists will analyze the substantive changes wrought by Congress, assessing the degree to which these changes comport with U.S. constitutional law and international law.
- Leila Sadat
- Deborah Pearlstein
- Mark Osiel
- Sanford Levinson (moderator)
12:30 p.m.–2:00 p.m.
Lunch Break
2:00 p.m.–3:30 p.m.
Defining the Role of the Courts
Eidman Courtroom
What is the proper role of courts in the Global War on Terror? More specifically, what is the proper role of courts in interpreting treaties and other international law pertaining to the conflict? The MCA and the DTA address both questions. Panelists will discuss the propriety and legality of this complex statutory scheme with a view toward resolving the larger questions about the role of courts in wartime.
- Jonathan Hafetz
- David Rivkin
- David Sloss
- Ernest Young (moderator)
3:30 p.m.–4:00 p.m.
Break
4:00 p.m.–5:30 p.m.
Standards and Procedures for Classifying “Enemy Combatants”
Eidman Courtroom
How should the United States define “enemy combatant” in the Global War on Terror? In the MCA and DTA, the Congress endorsed the standards and procedures employed by the Executive in the Combatant Status Review Tribunals and Administrative Review Boards. Panelists will assess this approach with a view toward identifying a workable and lawful framework.
- Allison Danner
- Kenneth Anderson
- Martin Lederman
- Scott Sullivan (moderator)
5:30 p.m.–6:30 p.m.
Reception at UT Law
Jamail Pavilion
Sponsors
Platinum
Baker Botts, L.L.P.
Bronze
Vinson & Elkins, L.L.P.
Weil, Gotshal & Manges, L.L.P.
Donors
Jones Day, L.L.P.