News - January 2007
U-M Law School Journal Hosts Symposium on Intelligence Gathering and the Law
January 30, 2007
The Michigan Journal of International Law (MJIL) will host a symposium on “State Intelligence Gathering and International Law,” February 9th and 10th in 250 Hutchins Hall at the University of Michigan Law School. Opening the event on Friday, February 9th, at 5:00 pm is a Keynote Address by Jeffrey H. Smith, former General Counsel to the Central Intelligence Agency (CIA). Panel discussions begin Saturday morning at 9:30 am and continue throughout the day. A schedule is attached.
Intelligence gathering is an age-old enterprise, yet the issues it raises are surprisingly relevant to international law. State intelligence plays an increasingly important role in modern international relations, policymaking, and conflict – for instance, how it can be presented to the UN Security Council to advocate for the use of international force, and how prosecutors use intelligence information in trials of alleged war criminals at international criminal tribunals. At the same time, combating the threat of terrorism through aggressive intelligence gathering has prompted calls for greater protection of the privacy and human rights of individual citizens. The paradox is that while states may regulate intelligence gathering domestically, no significant treaties or conventions address the process, nor is it subject to any internationally recognized set of principles or standards. This gap in international law suggests a clear need for focused discussion – a discussion in which the Symposium’s speakers and panelists will correspondingly offer their insights and perspectives. Please see the MJIL website for additional information: http://students.law.umich.edu/mjil.
Schedule of Events and Speakers
Friday, February 9, 2007
4:00 p.m. - Registration
5:00 p.m. - Keynote Address: Jeffrey Smith, Partner, Arnold & Porter; Former General Counsel to the CIA, 1995-1996
Saturday, February 10, 2007
9:00 a.m. - Registration and breakfast
9:30 a.m. - Panel I: The Desirability, Feasibility, and Methodology of Applying International Law to Intelligence Activities
11:30 a.m. - Break
11:45 a.m. - Special Presentation: The Honorable James Baker, Associate Judge, United States Court of Appeals for the Armed Forces, "What's International Law Got To Do With It? Good Process, Good Lawyers, Transnational Law and Better Intelligence"
12:45 p.m. - Lunch
2:00 p.m. - Panel II: Intelligence Gathering and Human Rights
4:00 p.m. - Break
4:15 p.m. - Panel III: Intelligence Cooperation, State Responsibility, and International Criminal Law
7:30 p.m. - Dinner Banquet and Closing Address
Panelists
Francesca Bignami, Professor of Law, Duke University Law School
Dr. Simon Chesterman, Global Professor and Director of the New York University School of Law Singapore Programme; Associate Professor of Law, National University of Singapore
Dieter Fleck, Former Director, International Agreements and Policy, German Ministry of Defense
Charles Garraway, Associate Fellow, Chatham House; Former Charles H. Stockton Professor of International Law, United States Naval War College
Alexander Joel, Civil Liberties Protection Officer, Office of the Director of National Intelligence
Elisa C. Massimino, Washington Director, Human Rights First
A. John Radsan, Associate Professor of Law, William Mitchell College of Law; Former Associate General Counsel, CIA
Leila N. Sadat, Henry H. Oberschelp Professor of Law, Washington University in St. Louis
David Scheffer, Mayer, Brown Rowe & Maw/Robert A. Helman Professor of Law and Director, Center for International Human Rights, Northwestern University Law School; former U.S. Ambassador at Large for War Crimes Issues (1997-2001)
Michael Schmitt, Professor of International Law and Director of the Program in Advanced Security Studies, George C. Marshall European Center for Security Studies
A.W. Brian Simpson, Charles F. and Edith J. Clyne Professor of Law, University of Michigan Law School
Glenn Sulmasy, Associate Professor of Law, U.S. Coast Guard Academy