World Summit on Counter-Terrorism
ICT's 8th International Conference - September 11, 2008
Workshop - State Conflicts with Non-State Actors:
Reconceptualizing Duties and Liabilities
Armed conflict often involves weaker, non-state combatants using strategies and tactics forbidden by international humanitarian law to offset their military disadvantage. Conducting a battle is complicated by the fact that the participants cannot readily be labeled in order to determine their status and treatment under the law. In recognition that the traditional laws and norms of armed conflict no longer provide sufficient guides for combat, this workshop gathers together scholars and practitioners to further the debate about the next steps in adapting international humanitarian law to this form of asymmetric warfare.
Panel I: Threshold Issues in Applying the Laws of Armed Conflict in Asymmetric War
Panelists will identify gaps and definitional dilemmas in the legal framework regulating armed conflict and suggest options for reform. Speakers will take into account the likely reaction to or acceptance of any change by members of the international community, including the non-state actors that disregard existing law. What revisions would provide adequate direction to the range of combat forces, while promoting legitimacy to the force upon compliance with the rules? What revisions might provide incentives to non-complying, non-state entities? Invited discussants and conference participants will join the discussion, ensuring a thorough examination of these important questions.
Moderator:
Dr. Greg Rose, University of Wollongong, Australia, Associate Professor, Centre for Transnational Crime Prevention
Panelists:
Col. Adv. Daniel Reisner, ICT/IDC; former head, International Law Department, Israel Defense Forces
Dr. Geoff Corn, Assistant Professor of Law, South Texas College of Law
Ms. Daphne Richemond-Barak, Tel-Aviv University, Israel
Panel 2: Status and Liabilities of Non-State Actors Engaged in Hostilities
Existing international humanitarian law recognizes a limited number of categories of conflict participants. Thus, there is little guidance or consensus on how to treat today’s non-state, non-traditional combatants that range from private security contractors to child soldiers. Not surprisingly, these same categorical problems pose particular challenges in prosecuting individuals in traditional tribunals. Panelists will identify and analyze these special circumstances and offer policy options to ensure both accountability and protection of these actors. Invited discussants and conference participants will join the discussion, ensuring a thorough examination of these important questions.
Moderator:
Prof. William C. Banks, Professor of Law, Syracuse University; Director, Institute for National Security and Counterterrorism
Panelists:
Dr. Boaz Ganor, Koret Distinguished Visiting Fellow, Hoover Institution at Stanford University; Deputy Dean of the Lauder School of Government and Diplomacy at The Interdisciplinary Center Herzylia; Founder and Executive Director of the International Policy Institute for Counter-Terrorism
Dr. Greg Rose, University of Wollongong, Australia, Associate Professor, Centre for Transnational Crime Prevention
Dr. Hilly Moodrick–Even Khen, Assistant Professor of Law, Sha’arei Mishpat College (Israel)
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