by Dorean Koenig

by Dorean Koenig

Professor of Law
The Thomas M. Cooley Law School
Ph.B. University of Detroit 1956

J.D. University of Detroit 1967

Professor Koenig is an award-winning teacher and prolific author whose criminal law textbook is used by many Cooley students. She is currently active in the Individual Rights and Responsibilities Section of the American Bar Association (IRR) as well as in the American Section of the International Association of Penal Law (AIDP.) She is a Fellow of the American and Michigan Bar Foundations.

Locally, she is a recipient of the YWCA’s Diana Award for outstanding service to the community, serves as a commissioner for the Cooley Innocence Project; and is a member of the Cooley Legal Author’s Society and the Cooley Sixty Plus Clinic Board. (In 1981 she was honored as Clinic volunteer director and teacher, a condition to obtaining coursework credit for Clinic students.)

Professor Koenig was awarded a Fulbright research scholarship to Finland where she was a guest professor at the University of Helsinki. She has lectured at law schools in Finland, Sweden, Poland, Hungary and the Netherlands. Professor Koenig is co-editor, with Cooley graduate Kelly Askin, of a three-volume treatise series, Women and International Human Rights Law, encompassing articles by over 100 experts on women’s human rights from around the globe.

Prior to coming to Cooley, Professor Koenig was a partner and founder of Koenig, LeBost and Jobes, P.C., one of the first feminist law firms in Michigan. She later produced the inaugural Michigan Standard Criminal Jury Instructions and Commentaries working with a blue-ribbon committee of the Michigan State Bar. She was then placed in charge of the Detroit Research Office of the Michigan Court of Appeals prior to coming to Cooley.

Professor Koenig is current co-chair of the IRR Death Penalty Committee as well as an inaugural and current member of the IRR Task Force on Mental Illness and the Death Penalty which recently released standards to be applied in Death Penalty cases involving severely mentally ill defendants. The American Psychological Association and the American Psychiatric Association worked with the task force on the standards and have adopted them. The American Bar Association is expected to adopt them at its next annual meeting. She has begun work directing a new project on International Standards in death penalty cases for the Death Penalty Committee.

Professor Koenig is one of the principal authors of Death Without Justice: A Guide for Examining the Administration of the Death Penalty in the United States, adopting protocols for examining state procedures for fairness in death penalty cases. This Death Penalty Committee project was awarded the IRR Section inaugural award for excellence. Professor Koenig has set up, presented at and presided over many annual ABA programs.

Professor Koenig is a current member of the Executive Board of the American Section of the AIDP where she serves as Secretary. She worked for the AIDP assisting in the writing of numerous early drafts used in the drafting of the International Criminal Court Treaty (ICC Treaty). She was an NGO delegate from the AIDP to the Rome conference establishing the Treaty in 1998. She also participated as an expert on the treaty at a world conference in Siracusa, Sicily, in 2002. Prior to that she worked with the AIDP in the writing of the Statute for the International Criminal Courts for crimes committed in the former Yugoslavia and Rwanda.

She was the only NGO delegate from the AIDP to the United Nations Fourth World Conference on Women in Beijing, China, as well as to the NGO conference in Huarou, China, where she presented a workshop on the ICC Treaty.

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Monday, March 5th, 2007 8:55 pm | Posted in: Law Blog | Trackback | 0 Comments
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by Gregory McNeal

1. All original content of is copyrighted by its author and is not to be used without permission except as provided herein. In using you recognize that the AIDPBlog is primarily a guide to content on the Web, that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. These terms of use are subject to change, and should be reviewed regularly.

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I hereby certify under penalty of perjury that I possess no copies of the website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the Terms of Use, subjecting me to possible civil and criminal liability.

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Sunday, March 4th, 2007 1:03 pm | Posted in: Law Blog | Trackback | 0 Comments
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Welcome to the Law Blog

by Greg McNeal

Welcome to the new Law Blog (, the official blog of the American National Section of the AIDP (L’Association Internationale de Droit Penal/The International Association of Penal Law).  The Law Blog will provide a forum for expert debate and thought-provoking commentary on contemporary issues of comparative criminal justice, international criminal law, international humanitarian law, international criminal tribunals, human rights and counterterrorism law & policy. Founded in

Paris in 1924, the AIDP is the oldest association of specialists in penal law in the world and one of the oldest scientific associations.  Since 1950, the Association has been a U.N. accredited NGO.  It is also a member of the United Nations alliance of NGOs on Crime Prevention and Criminal Justice in New York and Vienna, which have frequently been chaired by an Association’s representative. It also cooperates with the United Nations Secretariat, ECOSOC, the Crime Prevention and Criminal Justice Division (as it was called until 1998), the Division of Narcotic Drugs, the Center for Human Rights and other specialized United Nations institutes, such as UNSDRI (Rome), HEUNI (Helsinki), UNAFEI (Tokyo), ILANUD (San Jose), ISPAC (Milan), ASTC (Riyadh), UNAFRI (Kampala), ISISC (Siracusa). The American National Section is a subsidiary of the 3,000-member international Association.  The Association, by its manifold activities, meetings, and publications, has played a significant role in the promulgation of the Torture Convention, the Rome Statute of the International Criminal Court, and other important international instruments.We count among our experts Bloggers the former U.S. Ambassador at Large for War Crimes Issues, a former Under Secretary General of the United Nations and Chief Prosecutor for the Special Court for Sierra Leone, a Nobel Peace Prize nominee, former U.S Department of State legal advisors, participants from the negotiation of the ICC treaty, defense attorneys from international tribunals, and former military officers with operational and advisory experience in counterterrorism and post-conflict states.  All of our experts are accomplished academics with multiple books and scholarly articles, many cited by the international criminal tribunals, the Supreme Court of the United States, the Supreme Court of Israel, and other high Courts.  Our experts appear frequently in the media, and you can follow their appearances as they occur under our Expert Appearances section. As it now enters its second centennial, the Association, larger than ever, and with growing activities, continues a tradition of scholarship and intellectual exchange in an effort to foster the humanization of society.  The new Law Blog ( ) is a new and exciting part of that effort.  Please visit us and engage in the discussion.Sincerely, the bloggers of the Law Blog:  Michael Scharf, Deputy Secretary-General of the AIDP and President of the AIDP American National SectionMark Drumbl, Vice President of the AIDP American National SectionChristopher Blakesley, Vice President of the AIDP American National SectionMichael Kelly, Director of Studies, AIDP American National SectionGregory McNeal, Director of Studies, AIDP American National SectionDorean Koenig, Secretary, AIDP American National SectionDavid Crane,  AIDP American National Section Executive Council memberAmos Guiora, AIDP American National Section Executive Council memberLinda Malone, AIDP American National Section Executive Council memberMichael Newton, AIDP American National Section Executive Council memberJordan Paust, AIDP American National Section Executive Council memberDavid Scheffer, AIDP American National Section Executive Council member  For more AIDP history (from which parts of this introduction were taken) See, Cherif Bassiouni AIDP: International Association of Penal Law- Over a Century of Dedication to Criminal Justice and Human Rights 38 DEPAUL L. REV. 899 (1989)., PDF File

Saturday, March 3rd, 2007 6:48 pm | Posted in: Law Blog | Trackback | 0 Comments
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Michael Scharf

by Michael Scharf

Professor; Director of the Frederick K. Cox International Law Center; Director of the Cox Center War Crimes Research Office
Case Western Reserve University School of Law

Michael Scharf is Professor of Law and Director of the Frederick K. Cox International Law Center at Case Western Reserve University School of Law. In 2004-05, Professor Scharf served as a member of the elite international team of experts that provided training to the judges and prosecutors of the Iraqi Special Tribunal, and in 2006 he led the first training session for the Prosecutors and Judges of the newly established U.N. Cambodia Genocide Tribunal. In February 2005, Professor Scharf and the Public International Law and Policy Group, a Non-Governmental Organization he co-founded, were nominated for the Nobel Peace Prize by six governments and the Prosecutor of an International Criminal Tribunal for the work they have done to help in the prosecution of major war criminals, such as Slobodan Milosevic, Charles Taylor, and Saddam Hussein.

During the first Bush and Clinton Administrations, Scharf served in the Office of the Legal Adviser of the U.S. Department of State, where he held the positions of Attorney-Adviser for Law Enforcement and Intelligence, Attorney-Adviser for United Nations Affairs, and delegate to the United Nations Human Rights Commission. In 1993, he was awarded the State Department’s Meritorious Honor Award “in recognition of superb performance and exemplary leadership” in relation to his role in the establishment of the International Criminal Tribunal for the former Yugoslavia.

A graduate of Duke University School of Law (Order of the Coif and High Honors), and judicial clerk to Judge Gerald Bard Tjoflat on the Eleventh Circuit Federal Court of Appeals, Scharf is the author of over sixty scholarly articles and ten books, including Balkan Justice, which was nominated for the Pulitzer Prize in 1998, The International Criminal Tribunal for Rwanda, which was awarded the American Society of International Law’s Certificate of Merit for the Outstanding book in International Law in 1999, and Peace with Justice, which won the International Association of Penal Law Book of the Year Award for 2003. His most recent book, Saddam on Trial: Understanding and Debating the Iraqi High Tribunal, is available from Amazon.

Scharf has testified as an expert before the U.S. Senate Foreign Relations Committee and the House Armed Services Committee; his Op Eds have been published by the Washington Post, Los Angeles Times, Boston Globe, Christian Science Monitor, and International Herald Tribune; and he has appeared on ABC World News Tonight, the NBC Today Show, Nightline, The O=Reilly Factor, The NewsHour with Jim Lehrer, The Charlie Rose Show, the BBC, CNN, and NPR. Professor Scharf also hosts an award-winning Blog on the Saddam Hussein Trial.

Winner of the Case School of Law Alumni Association’s 2005 “Distinguished Teacher Award” and Ohio Magazine’s 2007 “Excellence in Education Award,” Scharf teaches International Law, International Criminal Law, the Law of International Organizations, and a War Crimes Research Lab. In 2002, Professor Scharf established the War Crimes Research Office at Case Western Reserve University School of Law, which provides research assistance to the Prosecutors of the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, the International Criminal Court, and the Iraqi Special Tribunal on issues pending before those international tribunals. Copies of over 135 of these research memos are available on the Cox International Law Center War Crimes Research Portal.

Phone: 216/368-3299     Email:

CV: Click Here

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Thursday, March 1st, 2007 5:24 pm | Posted in: Law Blog | Trackback | 0 Comments
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Jordan Paust

by Jordan Paust

Mike and Teresa Baker Law Center Professor University of Houston Law Center

A.B., University of California at Los Angeles; J.D., University of California at Los Angeles; LL.M., University of Virginia; J.S.D. Cand., Yale University

Professor Paust joined the Law Center faculty in 1975 as an International Law expert. He was a Fulbright Professor at the University of Salzburg (Austria), a Ford Foundation Fellow at Yale University and visiting Ball Eminent Scholar University Chair at Florida State University.

Professor Paust has written several books and over 150 articles and essays addressing a wide array of international legal issues. He is often asked to provide expert advice to various media and organizations on international legal matters and he has served in numerous leadership capacities in local, national and international groups dealing with International Law, Human Rights, and International Criminal Law. He has chaired the International Law Section of the Association of American Law Schools and the Committee on International Law and the Use of Force of the ABA. He has also served on the President’s Committee and Executive Council of the American Society of International Law and is currently Co-Chair of the ASIL’s International Criminal Law Interest Group. His publicatioins have been cited by the U.S. Supreme Court, other courts, and international tribunals.

Antiterrorism Military Commissions: Courting Illegality, 23 Michigan Journal of International Law 1-29 (2001)

Human Rights Responsibilities of Private Corporations, 35 Vanderbilt Journal of Transnational Law 801-825 (2002).

chapter, International Legal Sanction Processes, in The Oxford Handbook of Legal Studies 817-835 (Peter Crane & Mark Tushnet eds., Oxford University Press 2002)

Antiterrorism Military Commissions: the Ad Hoc DOD Rules of Procedure, 23 Michigan Journal of International Law 677-694 (2002)

There is No Need to Revise the Laws of War in Light of September 11th, ASIL Presidential Task Force on Terrorism Series (2002), at

Links Between Terrorism and Human Rights and Implications Concerning Responses to Terrorism, in Human Rights and Conflict (Julie Mertus & Jeff Helsing eds. 2003)

The U.S. as Occupying Power Over Portions of Iraq and Relevant Responsibilities Under the Laws of War, short version ASIL Insight (2003).

Judicial Power to Determine the Status and Rights of Persons Detained Without Trial, 44 Harvard International Law Journal 503-532 (2003)

War and Enemy Status after 9/11: Attacks on the Laws of War, 28 Yale Journal of International Law 325-335 (2003)

International Law as Law of the United States (2d ed. 2003)

The History, Nature, and Reach of the Alien Tort Claims Act, 16 Florida Journal of International Law 249-266 (2004)

Tolerance in the Age of Increased Interdependence, 56 Florida Law Review 987-1002 (2004)

The Reality of Private Rights, Duties, and Participation in the International Legal Process, 25 Michigan Journal of International Law 1229-1249 (2004)

Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees, 43 Columbia Journal of Transnational Law 811-863 (2005)

Not Authorized By Law: Domestic Spying and Congressional Consent, on-line essay in Jurist, at

Paust, Van Dyke, Malone, International Law and Litigation in the U.S. (Thomson – West, 2ed 2005)

Paust, Bassiouni, et al., Human Rights Module (2 ed. 2006)

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Thursday, March 1st, 2007 5:23 pm | Posted in: Law Blog | Trackback | 0 Comments
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Michael Newton

by Michael Newton

Acting Associate Clinical Professor of Law
Vanderbilt University Law School

LL.M., J.D. University of Virginia LL.M. The Judge Advocate General’s School

B.S. United States Military Academy at West Point

Mike Newton came to Vanderbilt having previously served as an Associate Professor in the Department of Law, United States Military Academy. A highly sought after speaker on accountability and conduct of hostilities issues, he has published more than 30 articles, editorials and book chapters, as well as op-eds for the New York Times and International Herald Tribune among other papers. Professor Newton is a member of the International Institute of Humanitarian Law. At Vanderbilt, he teaches practice-based courses relating to international law and international criminal law and develops externships and other educational opportunities for students interested in international legal issues. He developed and teaches Vanderbilt’s innovative International Law Practice Lab. As the Senior Advisor to the United States Ambassador-at-Large for War Crimes Issues, Professor Newton implemented a wide range of policy positions related to the law of armed conflict, including U.S. support to accountability mechanisms worldwide. He was the senior member of the team that taught international law to the first group of Iraqis who began to think about accountability mechanisms and a constitutional structure in November 2000. He subsequently assisted in drafting the Statute of the Iraqi High Tribunal, and served as the Advisor to the Judicial Chambers in 2006. Professor Newton has taught Iraqi jurists on seven other occasions, both inside and outside Iraq and as part of the academic consortium he assists Vanderbilt students in providing substantive advice to the lawyers in Iraq. He served as the U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court, and was also a member of the Special Court academic consortium. From January 1999 to August 2000, he served in the Office of War Crimes Issues, U.S. Department of State. He negotiated the Elements of Crimes document for the International Criminal Court, and coordinated the interface between the FBI and the ICTY and deployed into Kosovo to do the forensics fieldwork to support the Milosevic indictment.

Professor Newton began his distinguished military career after graduating from the United States Military Academy at West Point. He served as an armor officer in the 4th Battalion, 68th Armor, Fort Carson, Colorado until his selection for the Judge Advocate General’s Funded Legal Education Program. As an operational military attorney, Professor Newton served with the United States Army Special Forces Command (Airborne), Fort Bragg, North Carolina in support of units participating in Desert Storm. Following duty as the Chief of Operational Law, he served as the Group Judge Advocate for the 7th Special Forces Group (Airborne). He deployed on Operation Provide Comfort to assist Kurdish civilians in Northern Iraq, as well as a number of other exercises and operations. From 1993-1995 he was reassigned as the Brigade Judge Advocate for the 194th Armored Brigade (Separate), during which time he organized and led the human rights and rules of engagement education for all Multinational Forces and International Police deploying into Haiti. He subsequently was appointed as a Professor of International and Operational Law at the Judge Advocate General’s School, Charlottesville, Virginia from 1996-1999.

Representative Publications

  • Unlawful Belligerency after September 11: History Revisited and Law Revised,” in New Wars, New Laws? Applying the Laws of War to 21st Century Conflicts 75 (David Wippman and Matthew Evangelista, eds., 2005)
  • “The Iraqi High Criminal Court: Controversy and Contributions,” 88 International Review of the Red Cross (forthcoming 2006)
  • “War by Proxy: Legal and Moral Duties of ‘Other Actors’ Derived from Government Affiliation,” Case W. Res. J. Int’l L., Symposium Issue, Fall 2005 (forthcoming 2006)
  • “The Iraqi Special Tribunal: A Human Rights Perspective,” 38 Cornell Int. L.J. 863 (2005)
  • “Iraq’s New Court Finds Itself on Trial,” New York Times Op-Ed Page, Nov. 24, 2004.
  • “I Am an American Soldier: Reflections on Abu Graib,” 45 Anthropology News No. 6, at 17 (September 2004)
  • “Harmony or Hegemony? The American Military Role in the Pursuit of Justice,” 19 Conn. J. Int’l Law 231 (2004)
  • “Comparative Complementarity: Domestic Jurisdiction Consistent with the Rome Statute of the International Criminal Court,” 167 Mil. L. Rev. 20 (March 2001) [Recipient, ABA Military Writing Award – 2002]
  • “International Criminal Law Aspects of the War Against Terrorism,” in International Law and the War on Terror, 79 U.S. Naval War College International Law Studies 323 (2003)

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Thursday, March 1st, 2007 5:19 pm | Posted in: Law Blog | Trackback | 0 Comments
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Gregory McNeal

by Greg McNeal

Visiting Assistant Professor of Law Pennsylvania State University

Dickinson School of Law

Gregory S. McNeal is a visiting assistant professor of law at Penn State’s Dickinson School of Law. His research focuses on national security law and policy, public administration, and international law.

Professor McNeal has advised the staff of Congressional committees and members of both houses of Congress on counterterrorism policy, and helped to write legislation for members of the U.S. House of Representatives. He serves on multiple working groups related to counterterrorism and international law and was recently one of two American academics invited by the Netherlands Ministry of Foreign Affairs to participate in an international experts roundtable. He also designed and supervised an innovative comparative counterterrorism program funded by a U.S. Department of Justice grant which improved cooperation between officials in the U.S. and their European counterparts.

He was a legal consultant to the chief prosecutor for the Department of Defense Office of Military Commissions, and previously taught Counterterrorism Law at the Case Western Reserve University School of Law where he instructed and supervised students developing legal memoranda regarding the military commission process. There he also served as the assistant director of The Institute for Global Security Law and Policy and worked on international criminal law issues regarding the trial of Saddam Hussein through a relationship with the U.S. government’s Regime Crimes Liaison Office.

As an Academic Fellow for the Foundation for the Defense of Democracies he lectures frequently on numerous college campuses regarding counterterrorism. He has appeared on talk radio and national television as an expert commentator on counterterrorism and international law and has been quoted by The New York Times and The Associated Press.

Professor McNeal’s editorials have appeared in publications such as The New York Times, The Washington Times, and The Baltimore Sun.His book Saddam On Trial: Understanding and Debating the Iraqi High Tribunal was recently selected as 1 of 3 finalists for L’Association Internationale de Droit Penal’s Book of the Year Award. During the trial of Saddam Hussein excerpts from the book were translated into Arabic, and in an effort at judicial outreach were read over the radio to the Iraqi people.

Previously McNeal served as an officer in the U.S. Army and as a fellow at the Institute for Global Security Law and Policy. In law school he was executive editor on The Harvard Journal of Law and Public Policy (Symposium Edition).

Selected Publications:

Saddam On Trial: Understanding and Debating the Iraqi High Tribunal (with Michael P. Scharf) Carolina Academic Press, October 2006.

Articles and Book Chapters
“Countering the Cyber Jihad,” 40 Case Western Reserve Journal of International Law ___ (2007).

“Unfortunate Legacies: Why the Iraqi High Tribunal Should Reject Hearsay, Ex Parte Affidavits and Anonymous Witnesses,” 3 International Commentary on Evidence ___ (2007).

ICC Inability Determinations in Light of the Dujail Case,” 39 Case Western Reserve Journal of International Law ___ (2007).

“Commentary on Judgments of República Democrática de Timor-Leste, Dili District Court, the Special Panels for Serious Crimes and the Tribunal de Recurso – July 2003-2006,” in Annotated Leading Cases of the International Criminal Tribunal, ___ (Andre Klip & Goran Sluiter, eds. 2007).

“The Legal Impact of Counterterrorism on Business,” in Business Continuity and Homeland Security: Theory & Practice (David McIntyre and Bill Hancock, eds. 2007).

“Snatch and Grab Ops: Justifying Extraterritorial Abductions” 16 Iowa Journal of Transnational Law and Contemporary Problems, ___ (2006) (with Brian Field).

Selected Media Appearances

Radio Interview, “The Danger Zone” WTAM- Washington, DC, regarding the Guantanamo military commissions and habeas corpus.
Available at:


Television Appearance C-SPAN Book TV,regarding the trial of Saddam Hussein.
Excerpts available at:




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Thursday, March 1st, 2007 5:17 pm | Posted in: Law Blog | Trackback | 0 Comments
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