David M. Crane Testifies About Postconflict Justice Options for Sri Lanka

INSCT Faculty Member David M. Crane testified in front of the US House Committee on Foreign Affairs Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations on June 19, 2018. The hearing, chaired by Rep. Christopher H. Smith (R-NJ), investigated postconflict justice options and human rights issues related to the long Sri Lankan Civil War, which lasted from 1983 to 2009.

Joining Crane as witnesses were J.S. Tissainayagam, journalist and human rights advocate;
Michael Jerryson, Ph.D., Associate Professor of Religious Studies, Youngstown State University; and John Sifton, Asia Advocacy Director, Human Rights Watch.

In his statement, Crane told the committee that, “I approach this issue as a neutral, someone who stands for the rule of law, particularly on the battlefield and for the protection of noncombatants. We live in an age of extremes. Dirty little wars arise across the globe. Parties to the conflict pay little heed to the laws of armed conflict. Many of these largely non-international armed conflicts see civilian casualties mount, most of
them women and children. The conflict in Sri Lanka was one such dirty little war, which saw the death and destruction of tens of thousands of human beings on both sides.”

Crane was a member of a panel of experts advising the Commission of Missing Persons set up by the Sri Lankan government in 2014. “I spent days walking the battlefields of the conflict in Sri Lanka, particularly of the final campaign in the Winter of 2009.”

Crane enumerated several humanitarian and war crimes issues that arose from the conflict and that have yet to be properly reconciled. These include violations of international humanitarian law committed by all sides, the intentional targeting of civilians in a campaign of terror to seek a military and political conclusion, and a brutal final campaign in the winter of 2009 that was exacerbated by an increasingly desperate Liberation Tigers of Tamil Eelam army (the LTTE, or “Tamil Tigers”).

Noted Chairman Smith, “Although the civil war ended almost 10 years ago, important work remains to make sure basic human rights are being respected in Sri Lanka. The resurgence of Buddhist Sinhalese nationalism poses a particular challenge to ethnic reconciliation. It is imperative for Congress to exercise leadership on this issue and ensure that a country as strategically located as Sri Lanka doesn’t collapse again.”

 

David M. Crane to Discuss Yemen Crisis at Stimson Center Discussion

The conflict in Yemen is currently one of the world’s worst humanitarian crises, yet is often forgotten by the international community. It is reported that close to 6,000 civilians have been killed in the conflict and almost 9,000 wounded as a result of indiscriminate and disproportionate airstrikes, artillery fire, and rocket launches. Many civilians languish and are tortured in secret prisons. The suffering of ordinary citizens is exacerbated by blockades of humanitarian aid and food.

On June 26, 2018, INSCT Faculty Member David M. Crane will join other distinguished speakers at a Stimson Center event to explore how war crimes, crimes against humanity, and the most egregious human rights violations can be addressed via international law to promote accountability, uphold fundamental humanitarian standards, and obtain reparations for the countless victims of the Yemen crisis.

Crane will lead the discussion with former Ambassador-at-Large for War Crimes Stephen Rapp. Discussants will be Amanda Catanzano, Senior Director for International Program, Policy, and Advocacy, International Rescue Committee; Waleed Al Hariri, Director of US Office, Sana’a Center for Strategic Studies; Raed Jarrar, Advocacy Director, Middle East and North Africa, Amnesty International; Kate Kizer, Policy Director, Win Without War; Don Picard, Chief Legal Advisor, Yemen Peace Project; and Sarah Leah Whitson, Executive Director, Middle East and North Africa Division, Human Rights Watch.

Learn more about the event.

 

INSCT Hosts State Board of Elections Cybersecurity Tabletop Exercise

On June 7, 2018, the Institute for National Security and Counterterrorism (INSCT) hosted one of a series of statewide exercises that focus on cybersecurity preparedness and response to threats to New York State election systems. These first-of-their-kind tabletop exercises are sponsored by NYS Board of Elections (BOE) and US Department of Homeland Security (DHS) in partnership with the NY Division of Homeland Security and Emergency Services, NY State Police, and the NYS Intelligence Center.

Taking place in the College of Law, the Onondaga County tabletop exercise–like the other five regional exercises–was designed to identify areas for improvement in cyber incident planning, preparedness, and response through realistic scenarios that simulate the undermining of voter confidence, voting operations interference, and attacks on the integrity of elections.

State and local officials, led by the BOE and DHS Cyber Incident Response Team, will utilize information gleaned from these tabletop exercises with state, local, and federal stakeholders to identify risks and develop necessary steps to safeguard the election process.

Contoured for each region, the scenarios are based on a combination of real world events and potential risks facing election infrastructure. These threats include possible social media manipulation, disruption of voter registration information systems and processes, attacks on voting machines, and the exploitation of board of elections business networks.

The tabletop exercises are part of a BOE cybersecurity plan that was approved on May 3, 2018, to further strengthen cyber protections for New York’s elections infrastructure through the Secure Elections Center.

NYSBOE_Tabletop_Exercise

Corri Zoli Collaborates on IVMF’s “Women in the Military: From Service to Civilian Life” Infographic

Women_in_the_MilitaryThe Institute for Veterans and Military Families’ (IVMF) “Women in the Military: From Service to Civilian Life” infographic provides key highlights on women in service along with invaluable data on women veterans. 

The information and statistics in the document are taken from various data collection efforts by the IVMF centered on military life, transition, employment, entrepreneurship, and higher education. This data collection includes “Missing Perspectives,” an ambitious research program, supported by a Google Global Impact Award, aimed at cultivating a deeper understanding of the social, economic, and wellness concerns of post-9/11 transitioning service members and veterans, and particularly the role of higher education in the transition experience. INSCT Director of Research Corri Zoli collaborated with IVMF and other researchers on both the “Missing Perspectives” and “Women in the Military” efforts.  

On April 26, 2018, the “Women in the Military” infographic and research was the topic of conversation for the Transition Researcher’s Forum, a group of military servicemembers, veterans, medical professionals, researchers, and others convened monthly by the US Department of Defense’s Transition to Veterans Program Office. Zoli and IVMF’s Rosalinda Maury presented the research during this teleconference.

“Women in the Military” Data highlights include:

  • Population
    • There are over 2 million female veterans.
    • Female post-9/11 veterans are one of the fastest growing population.
    • They represent 17% of the post-9/11 veterans’ population.
  • Military Service
    • Top motivations for women entering the military include educational benefits; opportunity to pursue new experiences, adventures, or travel; desire to serve country; a sense of purpose; and career opportunities.
  • Most Significant Transition Challenges:
    • Navigating VA programs, benefits, and services
    • Finding a job
    • Financial struggles
    • Depression
  • Employment
    • Female veterans earn less than male veterans.

Download Women in the Military: From Service to Civilian Life infographic

Download Accessible Version

Banks, Baker Serve on ABA Military Commissions Workshop, Report Published

On Dec. 7, 2017, INSCT Founding Director William C. Banks and incoming Director the Hon. James E. Baker joined colleagues on the American Bar Association Standing Committee on Law and National Security (ABA SCOLANS) for a one-day workshop investigating law and policy related to the military commissions at the US Naval Station, Guantanamo Bay, Cuba. The Workshop Report—The US Military Commissions: Looking Forward—has been published and is available from ABA SCOLANS.

Co-convened by George Washington University Law School, the purpose of the workshop was to provide a forum for expert discussion of issues that face the US military commissions. The commissions were first authorized by President George W. Bush in a Military Order in the wake of the Sept. 11, 2001, terrorist attacks and subsequently by the Military Commissions Acts of 2006 and 2009. Forty-one detainees are currently held at Guantanamo Bay. On Jan. 30, 2018, President Donald J. Trump’s Executive Order “Protecting America Through Lawful Detention of Terrorists” allows the US to transport additional detainees to Guantanamo Bay “when lawful and necessary to protect the Nation.”

The workshop’s four sessions addressed:

  1. An overview of the military commissions at Guantanamo.
  2. Legal questions related to existing detainees not charged before the commissions.
  3. Legal issues that could arise if new detainees were brought to Guantanamo.
  4. The implications for the commissions posed by a new authorization to use military force.

Workshop rapporteurs were Judge Baker, who will succeed Banks as INSCT Director in July 2018, and Professor Laura Dickinson of George Washington University Law School. The workshop’s non-partisan report is intended to inform policymakers, commentators, and the public on possible paths forward in the interest of US national security, law, and justice.”The group assembled by ABA SCOLANS brought together scholars and practitioners in the US who are most knowledgeable about the Commissions and who are in the best position to think clearly and positively about reforms that could set the Commissions on a path toward achieving their goal of justice in individual cases,” says Banks.

Among the prominent national security scholars joining Banks and Baker at the workshop were Geoffrey Corn of South Texas College of Law, Jennifer Daskal of American University Washington College of Law, Ryan Goodman of NYU Law School, Andrea Harrison of the International Committee of the Red Cross, Robert Litt of Morrison & Foerster, and Steve Vladeck of University of Texas Law School.

Hon. James E. Baker Joins Syracuse University College of Law as Professor, Director of INSCT

James E. BakerJurist, scholar, and law and policy practitioner the Hon. James E. Baker will join the faculty of Syracuse University College of Law, as well as the Maxwell School of Citizenship and Public Affairs, as a Professor in Fall 2018. Judge Baker will lead the Institute for National Security and Counterterrorism as Director, succeeding Professor William C. Banks, who founded the Institute in 2003.

One of the most highly regarded national security lawyers and policy advisors in the nation, Judge Baker’s career has evolved from an Infantry Officer in the US Marine Corps; to the staff of Sen. Daniel Patrick Moynihan; to the US Department of State, Foreign Intelligence Advisory Board, and National Security Council. Mostly notably, Judge Baker served on the US Court of Appeals for the Armed Forces for 15 years—the last four as Chief Judge.

“He is a gifted teacher and an accomplished scholar, whose penetrating analyses of national security law problems are routinely cited as exemplars in the field.”—William C. Banks

Since 2015, Judge Baker has served as a Member of the Public Interest Declassification Board; as a Consultant for the Intelligence Advanced Research Projects Activity; and as Chair of the American Bar Association’s Standing Committee on Law and National Security. Judge Baker has taught at several universities, including his alma mater Yale Law School and the Georgetown University Law Center. From 2017-2018, he was a Robert E. Wilhelm Fellow at MIT’s Center for International Studies. Previous recipients of this prestigious fellowship include former UK Foreign Secretary David Miliband and Adm. William Fallon, former Commander of US Central Command.

“I am extremely pleased to welcome Judge Baker into our College of Law family and, given the interdisciplinary approach to national security at Syracuse, I look forward to introducing him to the University as a whole,” says College of Law Dean Craig M. Boise. “Not only will he strengthen the College’s reputation and reinforce INSCT’s leadership position in national security law and policy, he is positioned to transform how the topic is studied and taught and to respond with intellectual agility as new security challenges emerge. Under his guidance, I fully expect INSCT to continue its exceptional track record of graduate placement in this practice area.”

“I am very delighted that Judge Baker will be joining Syracuse University and leading INSCT,” says Maxwell School of Citizenship and Public Affairs Dean David M. Van Slyke. “His commitment to interdisciplinary research with policy implications and to working across the sectors and levels of government makes him an ideal leader and one that we in the Maxwell School are very excited to work with.”

“Judge Baker’s path to excellence spans appointments in the US military, in public service and on the bench, and in academia,” says Professor William C. Banks, Founding Director, INSCT. “He is a gifted teacher and an accomplished scholar, whose penetrating analyses of national security law problems are routinely cited as exemplars in the field. That he has compiled an impressive record of publications while engaged as a judge and legal adviser in government is a testament to his energy and drive to educate about national security.”

“I am excited and honored to be joining Syracuse University and the faculty of the College of Law and Maxwell School. It is also a privilege to take INSCT’s helm from Bill Banks. Bill is a friend, an educator, and a scholar whose vision created the Institute and whose leadership enriched it for more than 15 years,” says the Hon. James E. Baker. “INSCT’s excellent reputation for interdisciplinary scholarship and hands-on national security academics attracted me to this position. So did the University’s deep and sincere commitment to public service and to veterans. I look forward to continuing the Institute’s research, teaching, service, and legal and policy analysis initiatives; to expanding its portfolio of sponsored programs; and to working on critical, emerging challenges in national security law and policy with colleagues in the College of Law, Maxwell School, and across the University. I especially look forward to mentoring the next generation of national security practitioners and thought leaders.”

Judge Baker is the author of two books, In the Common Defense: National Security Law for Perilous Times (Cambridge University Press, 2007) and Regulating Covert Action (Yale University Press, 1992, with Michael Reisman) as well as numerous chapters and articles. Among his several awards, Judge Baker has been honored by the National Security Council, Central Intelligence Agency, and the US Army Command and General Staff College (Honorary Master of Military Arts and Science, 2009). He holds a B.A. from Yale University (1982) and a J.D. from Yale Law School (1990).

David M. Crane Donates Papers to JAG School

Professor of Practice David M. Crane will donate his papers, photographs, and other memorabilia from his time as Chief Prosecutor of the Special Court of Sierra Leone (SCSL) to the Judge Advocate General’s Legal Center and School, an ABA-accredited law school in Charlottesville, VA.

Crane was SCSL prosecutor from 2002 to 2005. Before this appointment, he was Waldemar A. Solf Professor of International Law and Chairman of the International Law Department at the JAG School, a position he held after a US government career in the Office of Intelligence Review, Defense Intelligence Agency, and elsewhere.

The JAG School is one of the premier military legal history and war crimes research institutions in the world. Crane’s papers will join others related to notorious war crimes and crimes against humanity, including those on US vs. Calley, a court case arising from the My Lai Massacre during the Vietnam War. Once housed at the JAG School, Crane’s SCSL papers will be available to academic and other researchers interested in international tribunals.

Crane announced his retirement from the College of Law faculty in March 2018.

Corri Zoli Offers Thoughts on Human Rights Training to US GAO

Corri Zoli, Director of Research for the Institute for National Security and Counterterrorism, discussed human rights and international humanitarian law (IHL) training with the US Government Accountability Office (GAO) on April 19, 2018.

Zoli was invited to a teleconference session by recent graduate James I. McCully L’17, G’17, now an Analyst in International Affairs and Trade at GAO. A joint J.D./M.P.A. student, while at Syracuse McCully was a research assistant to professors Robert Ashford and David Driesen and Lead Articles Editor for the Journal of International Law and Commerce.

Explained McCully, the GAO is in the process of responding to a mandate in the 2018 National Defense Authorization Act to review human rights and IHL training provided by the departments of State and Defense to the security forces of foreign nations.

Specifically, McCully’s team asked Zoli, an expert in international law, about her observations and views on human rights and IHL training being provided to foreign security forces; her thoughts about the Leahy Laws, which prohibit the US from providing military assistance to foreign security forces that violate human rights; and what assessments, monitoring, and evaluation are most effective when reviewing and auditing this type of training.

David M. Crane Talks with WUNC About the Future of International Justice

The Move Away From International Justice

(WUNC | April 10, 2018) In the 1990s, officials founded five criminal tribunals to seek international justice: four temporary bodies in Yugoslavia, Rwanda, Sierra Leone and Cambodia, and the International Criminal Court in the Netherlands. The first four were put in place to handle specific civil war crimes. Since then, the issue of international criminal justice has faded.

Host Frank Stasio talks to David Crane about why international justice is hard to achieve. He’s the founding chief prosecutor of the Special Court for Sierra Leone. He’s also the co-editor of “The Founders: Four Pioneering Individuals Who Launched The First Modern-Era International Criminal Tribunals” (Cambridge University Press/2018). Crane talks about geopolitical changes that have diminished the political will to prosecute international human rights violations. He also discusses his book and how the five criminal tribunals were founded …

Listen to the segment here.

 

David M. Crane Discusses International Law Career at Robert H. Jackson Center

Successor to Robert H. Jackson Speaks at Jackson Center

(The Post-Journal | April 3, 2018) Inside the Robert H. Jackson Center on Monday sat David Crane, the first American chief prosecutor in an international war crimes tribunal since Robert H. Jackson, himself, during the Nuremberg Trial. Crane, former chief prosecutor of the Special Court for Sierra Leone, indicted and later convicted Charles Taylor, president of Liberia, marking the first time a head of state was held accountable for war crimes.

“No one is above the law,” Crane said regarding the legacy of the Sierra Leone tribunal.

Crane’s mandate as chief prosecutor was to prosecute those who bore the greatest responsibility for war crimes and crimes against humanity that were committed during the decade-long Sierra Leone Civil War.

Crane also recently released a book titled “The Founders: Four Pioneering Individuals Who Launched The First Modern-Era International Criminal Tribunals.” The book, written primarily by Crane, features first-hand accounts of the creation of four separate tribunals that brought justice to places such as Rwanda, Cambodia, Yugoslavia and Sierra Leone.

Greg Peterson, director of the Robert H. Jackson Center, conducted the interview and noted that Crane created a lot of precedents regarding international war crime tribunals. Peterson described Crane’s new book, “The Founders,” as a detailed history of the “four foremost prosecutors since Jackson.”

The four prosecutors included in the book include Crane, Richard Goldstone, Robert Peit and Luis Moreno-Ocampo.

“He is in a high echelon of prosecutors,” Peterson said of Crane. “We’re thrilled that he’s here.”

Crane recently announced he would be retiring from his alma matter the Syracuse University College of Law where he taught as a professor of practice since 2006. While there, he taught international law, international humanitarian law, military law and national security law.

Prior to the public interview, a four minute video was played that showed segments from Taylor’s indictment.

“The path will be strewn with the bones of the dead, the moans of the mutilated, the cries of agony of the tortured echoing down to the valley of death,” Crane began his opening statement during the tribunal.

Crane said during the interview that he was personally attacked by other heads of state in Africa because of the indictment. After being indicted, Taylor was later sentenced to 50 years of imprisonment …

Read the whole story here.