by 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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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:

Books
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:

o https://streaming.psu.edu/media/?movieId=4514

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

o https://streaming.psu.edu/media/?movieId=4528

o https://streaming.psu.edu/media/?movieId=4531

o https://streaming.psu.edu/media/?movieId=4526

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Michael Kelly

by Michael Kelly

Professor of Law
Creighton University School of Law

Michael Kelly eceived his LL.M. in International & Comparative Law with distinction from Georgetown University in 1996, his Juris Doctor in 1994 and Bachelor of Arts in 1990 from Indiana University. While in law school he was Associate Symposium Editor of the Indiana International & Comparative Law Review and president of the Student Bar Association. Following graduation, Professor Kelly served as an attorney in the Indiana Department of Environmental Management. Before joining the Creighton faculty in 2001, he taught at Michigan State University College of Law.

Professor Kelly is author of the book Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide & the Trials of Slobodan Milosevic and Saddam Hussein (Peter Lang Pub. 2005), with a foreword by Desmond Tutu, and co-author of the book Equal Justice in the Balance: Americas Legal Responses to the Emerging Terrorist Threat (Univ. of Mich. Press 2004), with a foreword by Michael Ratner. He has published articles on a variety of issues, including international use of force theory, state sovereignty, federal law governing disposal of Native American remains, extradition, and the international black market in art and antiquities. His most recent articles appear in the international journals at UCLA and Cornell. Professor Kelly has presented his recommendations on United Nations Security Council reform at the Academic Council of the U.N. System in New York and at the Irish Association of Law Teachers in Derry. His Op-Ed columns have appeared in the Los Angeles Times, Philadelphia Inquirer, San Diego Union Tribune, Detroit News, Chicago Sun-Times and Houston Chronicle.

Professor Kelly wrote the grant that USAID awarded to the Law School in 2005 calling for creation of a model Cuba/U.S. bilateral property claims settlement tribunal which can be offered to a transitional government in Havana after the Castro regime is gone. Dean Patrick Borchers leads the team of six law and political science faculty tasked with building this model. Currently, Professor Kelly serves as Director of Studies for the American national chapter of L’association International du Droit Pénal and moderates the associated blog for international criminal law professors and practicioners.

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Amos Guiora

by Amos Guiora

Professor of Law and Director
S.J. Quinney College of Law
University of Utah

Amos N. Guiora is professor of law at The S. J. Quinney College of Law, University of Utah.

Professor Guiora teaches Criminal Law, Global Perspectives on Counter-terrorism, Religion and Terrorism and National Security Law. In addition, Guiora incorporates innovative scenario-based instruction to address national and international security issues.

At the S.J. Quinney College of Law, Guiora in collaboration with other leading experts at the S.J. Quinney College of Law, will help lead the school’s efforts to provide cutting-edge research, innovative training, and public service initiatives in the prevention and mitigation of global conflict.

Oxford University Press will publish Professor Guiora’s book Learn from History: Lessons for Extending Constitutional Protections to an Unprotected Class – The Limits of Coercive Interrogation (forthcoming 2008) and Aspen Publishers will publish Professor Guiora’s Terrorism Primer (forthcoming 2007)

Author of  Global Perspectives on Counterterrorism (Aspen Publishers, forthcoming 2007), Professor Guiora writes and lectures extensively on issues such as “Legal Aspects of Counterterrorism,” “Global Perspectives of Counterterrorism,” “Terror Financing,” “International Law and Morality in Armed Conflict,” and “Educating IDF Commanders and Soldiers on International Law and Morality.”

His recent publications include: “Interrogating the Detainees: Extending a Hand or a Boot,” University of Michigan Journal of Law Reform;  “Using and Abusing Financial Markets—Money Laundering as the Achilles Heel of Terrorism,” co-authored with Brian Field, University of Pennsylvania Journal of International Economic; “Quirin to Hamdan: Creating a Hybrid Paradigm for Detaining Terrorists,” Florida Journal of International Law;  “National Objectives in the Hands of Junior Leaders: IDF Experiences in Combating Terror,” co-authored with Martha Minow of Harvard University, which will appear in the book Countering Terrorism in the 21st Century (Praeger Security International, 2007); “A Framework for Evaluating Counterterrorism Regulations,” with Jerry Ellig and Kyle McKenzie, Mercatus policy Series; “Transnational Comparative Analysis of Balancing Competing Interests in Counterterrorism,” Temple International & Comparative Law Journal; and “Where are Terrorists to be Tried – A Comparative Analysis of Rights Granted to Suspected Terrorists,” Catholic University Law Review.

In February, 2007, Professor Guiora was a panelist at Stanford Law School’s Global Constitutionalism conference about the “Effects of Other Nations’ Law on U.S. Jurisprudence.”

In December 2005, Professor Guiora debated the challenge of balancing legitimate national-security interests with the civil liberties of the individual in “The Guantanamo Debate,” hosted by the Massachusetts Appleseed Center for Law and Justice in Boston, with Georgetown professor David Cole.

Professor Guiora was the Constitution Day speaker at Chicago-Kent College of Law and also spoke at Hamline University and Washington University School of Law. In addition, he presented papers at the Istanbul Conference on Global Security and Democracy, an NYU labor conference in Italy, and at a conference on torture and human rights at West Point. Professor Guiora has chaired daylong symposia on terrorism and torture, a roundtable on religion and violence, and a unique simulation-based symposium on bioterrorism, “The Fifth Plague,” at Case School of Law.

As an expert commentator, he is frequently interviewed and quoted and has been published in the national and international media, including CNN, The Washington Post, PBS, The New York Times, The Los Angeles Times, BBC, C-Span, The Christian Science Monitor, Fox TV, the New York Daily News, KQV Newsradio Pittsburgh, Wisconsin Public Radio; Minnesota Public Radio; NPR; Fox TV; Chicago Sun Times; Voice of America; Wall Street Journal; WCPN; Associated Press; Seattle Post-Intelligence.

In the Spring of 2007 Guiora was the Blaine Distinguished Scholar at Washington and Jefferson College and in the Spring of 2006, Guiora was a Distinguished Visiting Scholar at Kenyon College. In July 2006, he taught “Religion and Terrorism,” at the Case School of Law ABA-approved Summer Institute for Global Justice in The Netherlands, cosponsored by Washington University School of Law and Utrecht University where he will teach in December, 2007.

Prior to joining the S. J. Quinney faculty, Guiora was Professor of Law and the Founding Director of the Institute for Global Security Law and Policy at Case Law School, seeking to impact the public debate with regard to national and international security. A grant application submitted by Prof. Guiora for an “Education Program for Prosecutors” was approved and funded for $250,000 by the Department of Justice.

Before joining Case in 2004, Professor Guiora served for 19 years in the Israel Defense Forces Judge Advocate General’s Corps (Lt. Col. Ret.). He held a number of senior command positions, including Commander of the IDF School of Military Law, Judge Advocate for the Navy and Home Front Command, and the Legal Advisor to the Gaza Strip.

Professor Guiora had command responsibility for the development of an interactive software program that teaches an eleven point code-of-conduct based on International Law, Israeli Law, and the IDF code. This internationally acclaimed program is used to teach IDF soldiers and commanders their obligations regarding a civilian population during an armed conflict.

During his military service, Professor Guiora was involved in important legal and policy-making issues, including the capture of the PLO weapons ship Karine A, implementation of the Gaza-Jericho Agreement, the Israeli-Palestinian Interim Agreement, and “Safe Passage” between the Gaza Strip and the West Bank.

Professor Guiora graduated from Kenyon College in 1979 (Honors in History) and from Case Western Reserve University School of Law in 1985.

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Join AIDP

by Greg McNeal

2007 Annual Dues and
Membership Information

Below you will find information to pay your dues online. Scrolling down the page, you will find the method needed to pay by check.

Online Payment

$110.00 (USD) Membership fee for the international association and the American National Section. Additionally, you

will receive a subscription to the REVUE
INTERNATIONALE DE DROIT PENAL
. Simply

enter your name below and press “Pay Now.” Be sure to include your preferred address in the shipping fields so that we may have your information

for our records.

$70.00 (USD) Membership fee for the international association

and the American National Section. You will not receive a subscription to REVUE
INTERNATIONALE DE DROIT PENAL
. Simply enter your name below and press “Pay Now.” Be sure to include your preferred address in the shipping fields so that we may have your information

for our records.

Payment by Check

Please Make your Check Payable to: AIDP, American National Section

After sending this form, please mail your check to: PROFESSOR PETER HENNING TREASURER, AIDP AMERICAN NATIONAL SECTION WAYNE STATE UNIVERSITY LAW SCHOOL 471 W. PALMER

DETROIT, MI 48202-3620.

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About AIDP

by Greg McNeal

Please select a list item below to view the respective information. Thank you.

History of the International Association of Penal Law

1. The International Association of Penal Law (I.A.P.L./A.I.D.P) was founded in Paris on March 14, 1924. The Association is the successor of the International Union of Penal Law (I.U.P.L./U.I.D.P.) which had been founded in 1889 in Vienna by three important penalists: Franz Von Liszt, Gérard Van Hamel and Adolphe Prins. This association was dissolved as a result of World War I.

2. The I.A.P.L. is worldwide the oldest association of specialists in penal law and one of the oldest scientific associations.
Since 1924 the I.A.P.L. acquired in its field of action a particular status among the other organisations, scientists, experts and governmental and professional authorities. This field of actions covers: 1) Criminal policy and codification of penal law. 2) Comparative criminal law. 3) International criminal law (with a specialization in international criminal justice) and 4) Human rights in the administration of criminal justice.

3. The I.A.P.L. devoted its activities to problems of international criminal law and the responsibility of authors of internationally committed crimes. Since its foundations the members of the Association were always particularly active in the development of the international criminal law, thus influenced by Vespasian V. PELLA, the minister representing Romania in the Society of Nations (1938 – 1952). Moreover, the Association, by its manifold activities, meetings, publications as well as by its congress and expert committees organized together with the International Institute of Higher Studies in Criminal Sciences (I.S.I.S.C., Siracusa, Italy) which works under the scientific guidance of the Association, played an important role in the establishment of a permanent international criminal court. Apart from a great number of its members whose activities contributed to the creation of such international jurisdiction, the role of Professor M. Cherif Bassiouni in the creation of the International Criminal Court which was established by the Rome treaty on July 17, 1998 and in the preparation of which he contributed as the president of the drafting committee, has to be particularly emphasized.

4. Due to its internal organization which opens the Association worldwide to all penalists, also to young penalist (cf. “Young Penalists”) and based on about fifty national groups, the Associations develops a fruitful scientific life. These scientific activities are furthered by the Scientific Committee whose task culminates in the organization of the quinquennial congresses which are prepared by preparatory colloquia covering the four topics of the congress (Substantial criminal law, Special criminal Law, procedural penal law and international criminal law). The scientific activities of the Association is documented by its official publications. i.e. 1) The Revue Internationale de Droit Pénal (International Review of Penal Law), published twice a year since 1924 and distributed in three languages (English, French and Spanish) to more than sixty countries; 2) The Nouvelles Études Pénales which contain the results of specialized meetings of national groups or of expert committees on subjects of international interest as well as the acts of conferences held at the Institute of Higher Studies in Criminal Sciences (I.S.I.S.C.); 3) The Acts of international Congresses, which cover the discussions and results of international congresses and which contain the resolutions adopted by the Association’s General Assembly.

5. The history of the I.A.P.L. was particularly marked by the foundation of the International institute of Higher Studies in Criminal Sciences (I.S.I.S.C.) in Siracusa (Italy) in 1970. The Institute is a public foundation with NGO status under the scientific guidance of the I.A.P.L. (see above the paragraph on the Institute). Countless scientific activities (colloquia, seminars, expert committees and training courses) are organized in collaboration of I.A.P.L. and I.S.I.S.C., often in cooperation with international organizations (U.N., Council of Europe etc.) and with other NGOs in particular aimed at the preparation of international instruments in the field covered by the Association (e.g. the Draft Convention on the Suppression of Torture, adopted by the U.N. General Assembly in 1984).

6. The history of the I.A.P.L. underlines the role of this Association in the field of criminal sciences The history underlines also its dynamism in the continuing efforts to realize its objectives and its adaptation to the needs of the modern world.sor M. Cherif Bassiouni in the creation of the International Criminal Court has to be particularly emphasized.

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International Association of Penal Law (AIDP) American National Section

2007-2008 Executive Board

President: Michael Scharf, Case Western Reserve University School of Law
Vice Presidents: Christopher Blakesley, University of Nevada School of Law Mark Drumbl, Washington and Lee University School of Law

Leila Nadya Sadat, Washington University School of Law

Co-Directors of Studies: Michael Kelly, Creighton University School of Law
Gregory McNeal, Case Western Reserve University School of Law
Treasurer: Peter Henning, Wayne State University School of Law
Secretary: Dorean Koenig, Thomas M. Cooley Law School
Board Members: Diane Amann, University of California, Davis, School of Law Kelly Dawn Askin, Open Society Institute Steven Becker, Esq. Bartram Brown, Chicago Kent College of Law Alison Danner, Vanderbilt Law School Laura Dickinson, University of Connecticut School of Law Valerie Epps, Suffolk Law School Ellen Podgor, Stetson University College of Law Linda Malone, College of William and Mary School of Law Ved Nanda, University of Denver College of Law Jordan Paust, University of Houston Law Center David Stewart, U.S. Department of State

Bruce Zagaris, Esq.

Ex Officio: M. Cherif Bassiouni, DePaul University College of Law,
Past President of the International Association of Penal Law

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Article and Book of the Year Awards

At the American National Section’s annual conference each year, we award a Book and Article of the Year Award. The 2006 American National Section’s “Article of the Year Award” went to Leila Nadya Sadat, author of Exile, Amnesty and International Law, 81 Notre Dame L. Rev. 955 (2006), and the “Book of the Year Award” went to Michael J. Kelly, author of Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide and the Trials of Slobodan Milosevic and Saddam Hussein (2005). Members of the AIDP/American National Section who would like an article or book that they published in the last year to be considered for the 2007 awards, should send them with a cover letter by August 1, 2007 to: Prof. Michael Scharf, Case Western Reserve University School of Law, 11075 East Blvd., Cleveland, Ohio 44106.

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by Greg McNeal

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Documents Archive

by Greg McNeal

Click here to view the tribunal materials for all posts.

Post Archive

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March 2008 (2)

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Blogger Bios

by Gregory McNeal

Here you will find a bit of information on each of our regular bloggers and any guest bloggers. Regular bloggers can be contacted through their biography page.

Regular Bloggers

Christopher Blakesley

David Crane

Mark Drumbl

Amos Guiora

Michael Kelly

Dorean Koenig

Linda Malone

Gregory McNeal

Michael Newton

Jordan Paust

Michael Scharf

David Scheffer

Guest Bloggers

Currently we do not have any guest bloggers.

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