Event Details


Thursday, Mar 06, 2014 - Friday, Mar 07, 2014



Eidman Courtroom, UT School of Law

Intangible Weaponry & Invisible Enemies: Applying International Law to Cyber Warfare

Intangible Weaponry & Invisible Enemies: Applying International Law to Cyber Warfare

Thursday, Mar 06, 2014 - Friday, Mar 07, 2014  |     |  Eidman Courtroom, UT School of Law
The Robert S. Strauss Center for International Security and Law will be co-sponsoring the Texas International Law Journal's symposium, Intangible Weaponry & Invisible Enemies: Applying International Law to Cyber Warfare. The symposium will begin on Thursday, March 6th in the late afternoon and continue all day on Friday, March 7th. All panels will take place in the Eidman Courtroom at the UT Law School. The symposium will be open to the public, and lunch will be provided on Friday to those who register online. Registration is now open, here. For a full schedule, please visit the TILJ's website.

[For those attending SXSW Interactive, the Texas International Law Journal will be sponsoring a session with Professor Derek Jinks and Kristen Eichensehr titled, "Intangible Weapons, Invisible Enemies," on Sunday, March 9th from 3:30-4:30pm. More information can be found on SXSW's website, here.]

TILJ Symposium website event

Michael Schmitt, United States Naval War College (foreground) and Sean Watts, Creighton University School of Law (background)

In early 2013, after three years worth of discussions, an international group of experts published The Tallinn Manual, black letter rules of international law that may be applied to cyber warfare and accompanying commentary. The Texas International Law Journal seeks to provide a forum for discussion in the wake of this important document. Each rule, which required the experts' consensus, provides a starting point for fruitful dialogue regarding its accurate portrayal of extant international law in this arena. How will the international community sanction and deter war that is waged with intangible weapons by invisible enemies?

Symposium participants will include members of the Tallinn Manual group of experts, scholars in the area of cyber warfare, and legal counsel to private interests that are concerned by the implications of cyber warfare on cyber security.

Participant Bios

James Carafano
James Jay Carafano is a leading expert in national security, defense affairs, and homeland security at The Heritage Foundation. Before assuming responsibility for Heritage's entire defense and foreign policy team in December 2012, Carafano had served as deputy director of the Davis Institute as well as director of its Douglas and Sarah Allison Center for Foreign Policy Studies since 2009.

He has testified before the U.S. Congress many times and has provided commentary for ABC, BBC, CBS, CNBC, CNN, C-SPAN, Fox News, MSNBC, NBC, SkyNews, PBS, National Public Radio, the History Channel, Voice of America, Al Jazeera, and Australian, Austrian, Canadian, French, Greek, Hong Kong, Irish, Japanese, Portuguese, and Spanish television. His editorials have appeared in newspapers nationwide including The Baltimore Sun, The Boston Globe, The New York Post, Philadelphia Inquirer, USA Today and The Washington Times. He is a weekly columnist for the Washington Examiner.

Carafano served as a member of the National Academy's Board on Army Science and Technology, the Department of the Army Historical Advisory Committee, and is a Senior Fellow at the George Washington University's Homeland Security Policy Institute and the Department of Homeland Security's Homeland Security Advisory Committee. He was the creative director for the feature-length documentary 33 Minutes: Protecting America in the New Missile Age.

An accomplished historian and teacher, Carafano is an adjunct professor at Georgetown University and has served as a visiting professor at National Defense University. He previously served as an assistant professor at the U.S. Military Academy in West Point, N.Y., and as director of military studies at the Army's Center of Military History. He taught at Mount Saint Mary College in New York and was a fleet professor at the U.S. Naval War College.

He is the author of many books and studies. His most recent book is Wiki at War: Conflict in a Socially Networked World (Texas A&M University Press, 2012), a survey of the revolutionary impact of the Internet age on national security. Carafano coauthored Winning the Long War: Lessons from the Cold War for Defeating Terrorism and Preserving Freedom. The first to coin the term, the "long war," the authors argue that a successful strategy requires a balance of prudent military and security measures, continued economic growth, the zealous protection of civil liberties and winning the "war of ideas" against terrorist ideologies.

Carafano joined Heritage in 2003. Before becoming a policy expert, he served 25 years in the Army. Carafano rose to the rank of lieutenant colonel. He served in Europe, Korea and the United States. His assignments included head speechwriter for the Army Chief of Staff, the service's highest-ranking officer. Before retiring, Carafano was executive editor of Joint Force Quarterly, the Defense Department's premiere professional military journal. A graduate of West Point, Carafano also has a Master's degree and a PhD from Georgetown University and a Master's degree in strategy from the U.S. Army War College.

Kristen Eichensehr

Kristen Eichensehr is an associate in Covington & Burling LLP's Washington, D.C. office. Her practice focuses on appellate litigation and international and national security matters, including advising clients on cybersecurity issues. Before joining the firm, Ms. Eichensehr served as a Special Assistant to the Legal Adviser at the U.S. Department of State and as a law clerk to Justices Sandra Day O'Connor and Sonia Sotomayor of the U.S. Supreme Court and to Chief Justice Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. She holds a J.D. from Yale Law School, an M.Phil. from the University of Cambridge, and an A.B. from Harvard University. She is a Term Member of the Council on Foreign Relations.

Eric Talbot Jensen

Eric Jensen teaches and writes in the areas of Public International Law, Criminal Law, The Law of Armed Conflict, International Criminal Law, and National Security Law. His recent scholarship has appeared in the Texas, Temple, Houston, and Israel Law Reviews, as well as the Stanford Law and Policy Review, Virginia Journal of International Law, Vanderbilt Journal of Transnational Law, and Stanford Journal of International Law. Professor Jensen is a co-author on an Oxford University text analyzing application of the laws of war to the war on terror and is also co-authoring a law school casebook on the Law of Armed Conflict for Aspen Publishing.

Prior to joining the BYU law faculty in 2011, Professor Jensen spent 2 years teaching at Fordham Law School in New York City and 20 years in the United States Army as both a Cavalry Officer and as a Judge Advocate. During his time as a Judge Advocate, Professor Jensen served in various positions including as the Chief of the Army's International Law Branch; Deputy Legal Advisor for Task Force Baghdad; Professor of International and Operational Law at The Judge Advocate General's Legal Center and School; legal advisor to the US contingent of UN Forces deployed to Skopje, Macedonia as part of UNPREDEP; and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard.

Professor Jensen received a LL.M. from Yale Law School, as well as a LL.M. from The Judge Advocate General's School. He also has a J.D. from University of Notre Dame and a B.A. from Brigham Young University.

Dr. Marco Roscini

Dr. Marco Roscini has a PhD from the University of Rome 'La Sapienza' and is currently Reader (Associate Professor) in international law at the University of Westminster in London and Visiting Fellow at King's College London. Dr. Roscini is the author of two monographs, the first on nuclear weapon-free zones and the second, forthcoming in 2014 for Oxford University Press, on Cyber Operations and the Use of Force in International Law. He is also the co-editor of Non-proliferation Law as a Special Regime (Cambridge University Press, 2012). His scholarship has appeared or is forthcoming in important peer-reviewed journals, as well as in several edited books, and is available here.

Dr. Roscini was previously a Research Fellow at the University of Verona School of Law and lectured on the international law of armed conflict at UCL, King's College London and Queen Mary University of London. He collaborated with the International Justice Project at the International Secretariat of Amnesty International, for which he prepared extensive commentaries on the implementation of the International Criminal Court's Statute in the Democratic Republic of the Congo and in Italy. Dr. Roscini also participated in several research projects funded by the Italian government. In 2002, he was awarded a German Academic Exchange Service (DAAD) grant for a research stay at the Max-Planck Institut für ausländisches öffentliches Recht und Völkerrecht, Heidelberg. In the academic year 2012-2013, he was the holder of a Leverhulme Research Fellowship to conduct his research on cyber operations.

Dr. Roscini is a member of the International Law Association (ILA)'s Committee on Nuclear Weapons, Non-proliferation and Contemporary International Law and of the European Union Non-proliferation Consortium. In January 2009, he was appointed a member of the Peer Review College of the UK Arts and Humanities Research Council (AHRC), one of the main funders of academic research in the United Kingdom, for the period 2010-2017. He was also a peer reviewer in Italy's Evaluation of Quality of Research Exercise 2004-2010. He is in the Editorial Board of several scientific journals and book series and is one of the core bloggers on Arms Control Law. You can follow him on Twitter at @marcoroscini.

Michael Schmitt

Professor Michael N. Schmitt is the Charles H. Stockton Professor and Chairman of the International Law Department at the United States Naval War College. He is also Professor of Public International Law at the University of Exeter (UK), and Senior Fellow at the NATO Cyber Defence Centre of Excellence. He was previously Professor of International Law at Durham University and Dean of the George C. Marshall European Center. Before joining the Marshall Center, Professor Schmitt served 20 years in the United States Air Force as a judge advocate specializing in operational and international law.

The author of over 125 books and articles on law and conflict, Professor Schmitt has been the Sir Ninian Stephen Visiting Scholar at Melbourne University and an invited Visiting Scholar at Australian National University and Yale Law School. A fellow of the Royal Society of Arts, he is presently Editor-in-Chief of the "International Law Studies" and serves on many boards of institutions, learned and professional societies, and publications.

Professor Schmitt has participated in numerous international expert working groups, including those on the Manual on the International Law of Air and Missile Warfare (Harvard), Direct Participation by Civilians in Hostilities (ICRC), Characterization of Conflict (Chatham House), and, as Project Director, the Manual on the International Law Applicable to Cyber War (NATO Cooperative Cyber Defence Centre of Excellence). His law degrees include a Doctor of Letters (Durham), an LL.M (Yale), and, most significantly, a JD from the University of Texas School of Law.

Scott Shackelford

Professor Scott J. Shackelford serves on the faculty of Indiana University where he teaches cybersecurity law and policy, sustainability, and international business law among other courses, and is a senior fellow at the Center for Applied Cybersecurity Research. A graduate of Stanford Law School and the University of Cambridge, he has written more than forty articles, essays, and book chapters that have been published in outlets such as the American Business Law Journal, Stanford Journal of International Law, Stanford Environmental Law Journal, and the Berkeley Journal of International Law. Professor Shackelford has also written op-eds on the topic of cybersecurity that have been published in the Huffington Post, Washington Times, and the San Francisco Chronicle, and his research has been covered by National Public Radio, The Atlantic Wire, and USA Today.

Both Professor Shackelford's academic work and teaching have been recognized with awards, including a Fulbright Award in law, Notre Dame Institute for Advanced Study Distinguished Fellowship, Academy of Legal Studies in Business Outstanding Paper Award, Stanford Law School Steven Block Civil Liberties Award for Writing on Civil Rights, Indiana University Trustees' Teaching Award for Excellence, Kelley School of Business Innovative Teaching Award, and the Campus Sustainability Award for Teaching Excellence. A frequent speaker to a variety of audiences, Professor Shackelford has presented his research on cybersecurity at diverse forums, including Notre Dame, Stanford, Australian National University, the Prime Minister and Cabinet Office of the Government of Australia, the Croatian Chamber of Commerce, NATO, the Swedish National Defense College, the International Telecommunication Union World Summit on the Information Society, the Indiana Counter Proliferation Task Force, and the Harvard Business Review.

Professor Shackelford earned his Bachelor's degree, summa cum laude, from Indiana University, his PhD in International Relations from the University of Cambridge as a Rotary Ambassadorial Scholar, and his J.D., with academic and pro bono distinction, from Stanford Law School.

Sean Watts

Sean Watts is a Professor of Law at Creighton University School of Law where he teaches Constitutional Law, Federal Courts, Federal Habeas Corpus, Law of Armed Conflict, International Criminal Law, and Military Law. He also serves as an Instructor at the United States Military Academy at West Point in his capacity as a Lieutenant Colonel in the U.S. Army JAG Reserve. His primary research interest is international legal regulation of emerging forms of warfare. From 2010 to 2012 Professor Watts participated in drafting the Tallinn Manual on International Law Applicable to Cyber Warfare. He is currently a Senior Fellow at the NATO Collective Cyber Defence Center of Excellence (CCD COE), engaged in drafting an update to the Tallinn Manual. From 2009 to 2011 Professor Watts served as a defense team member in Gotovina et al. at the International Criminal Tribunal for Former Yugoslavia.

Prior to teaching, Professor Watts served as an active-duty U.S. Army officer for fifteen years in legal and operational assignments including: Professor of International Law at the Army JAG School, Rule of Law Advisor to the Afghan National Army and Ministry of Defense, Chief of Federal Tort Claims, Trial Defense Counsel, Chief of International and Operational Law, Tank Company Executive Officer, and Tank Platoon Leader in a U.S. Army Tank Battalion.

Professor Watts was recently awarded Creighton School of Law's Outstanding Faculty Member of the Year and the American Society of International Law (ASIL) Francis Lieber Military Prize. He earned an LL.M. from The Judge Advocate General's School, a J.D. from William & Mary School of Law, and a B.A. in International Affairs from the University of Colorado.