The Rule of Law and the Global War on Terrorism: Detainees, Interrogations, and Military Commissions
"For as in absolute governments the King is law,
so in free countries the law ought to be king . . . ."
— Thomas Paine, Common Sense (1776)
The United States Constitution was founded on the Rule of Law. The Global War on Terrorism has tested the limits of our constitutional values and has posed unprecedented challenges for the U.S. legal system. Throughout these difficult times, the federal courts have been instrumental in upholding the Rule of Law.
The Rule of Law and the Global War on Terrorism Symposium was held Thursday, November 13, 2008 and Friday, November 14, 2008 at the Bradbury Thompson Alumni Center on the Washburn University campus. The symposium was hosted by the Washburn University School of Law Center for Law and Government and the Washburn Law Journal. Speakers, panelists, and participants examined legal implications of governmental actions taken in response to the attacks of September 11, 2001 and reevaluated and reassessed these complex issues to explore possible ways forward as our nation prepared for a new administration.
Thursday, November 13, 2008
Setting the Conditions for the War on Terrorism
- Welcoming Remarks (Thomas J. Romig) and Setting the Stage— The Unitary Executive Theory (David E. Graham, Robert F. Turner, William C. Banks, Sean Watts) [Description of program]
- Defending Humanity— When Force Is Justified and Why (George Fletcher) [Description of program]
- The Northern Ireland Experience— Effects of Detention and Interrogation Policy on Terrorism Rates (Celia Rumann, Michael P. O'Connor) [Description of program]
The U.S. Administration Responds: Detain and Interrogate
- Defining War and Terrorism— Redrawing Conceptual Lines (William Banks, Mary Ellen O'Connell, George Fletcher, Noah Weisbord) [Description of program]
- Torture Team— Abuse, Lawyers, and the Possibility of Criminal Responsibility (Philippe Sands) [Description of program]
- Detention and Interrogations— U.S. Compliance With International Norms (Robert F. Turner, Joseph Margulies, David E. Graham, Sean Watts) [Description of program]
- Takeover— Return of the Imperial Presidency (Charlie Savage) [Description of program]
Friday, November 14, 2008
The U.S. Congress and Courts Respond: Detainee Treatment Act, Military Commissions, and Habeas Corpus
- U.S. Detention Policy for Foreign Nationals Captured in Combat (Ambassador Pierre-Richard Prosper) [Description of program]
- Representing Detainees in Court (Joseph Margulies) [Description of program]
- Detainee Treatment— Congress and the Courts Respond (Joseph Margulies, Samuel V. Jones, Ambassador Pierre-Richard Prosper, Gabor Rona) [Description of program]
- Creating Domestic Terror Courts (Amos Guiora) [Description of program]
- The Difficulty of Defending Detainees (David J. R. Frakt) [Description of program]
A New Administration: The Way Forward
- The Proper Forum— Military Commissions or Other Alternatives? (David J. R. Frakt, Amos Guiora, Gabor Rona, Samuel V. Jones) [Description of program]
- Global War on Terrorism and Accountability for War Crimes (Mary Ellen O'Connell, Philippe Sands, Noah Weisbord, Robert F. Turner) [Description of program]
- The Way Forward— Legal Choices in the Global War on Terrorism (Thomas J. Romig, Mary Ellen O'Connell, Philippe Sands, David E. Graham) [Description of program]
- Watch complete video (1:10:24 wmv): High Bandwidth/Quality | Lower Bandwidth/Quality
- YouTube: Part 1 (8:23) | Part 2 (8:00) | Part 3 (9:00) | Part 4 (6:42) | Part 5 (5:32)
Part 6 (4:24) | Part 7 (6:05) | Part 8 (6:56) | Part 9 (9:20) | Part 10 (8:18)
- See also: Transcript for this session.
- See also: O'Connell, Mary, "The Way Forward: Post-9/11 Principles," Jurist: Legal News & Research (November 25, 2008).
Marsha Boswell, (785) 670-1654
Washburn University School of Law thanks the following for their generous support.
Continental Breakfasts Courtesy:
- Fleeson, Gooing, Coulson & Kitch, L.L.C.
- Luanne, '06, and Bill Leeds
Afternoon Break Refreshments Courtesy:
- Whitney Damron, '87
- Sunee Mickle, '06