Aggressive War, November 3-4, 2022

The United Nations Charter prohibits “the threat or use of force against the territorial integrity or political independence of any state.” Going one step further, the Rome Statute of the International Criminal Court (ICC) refers to the crime of aggression as one of the “most serious crimes of concern to the international community.” But current international institutions have never properly defined aggressive war, let alone held individuals or states accountable for waging war. Territorial conquests may have declined following the Second World War, but current events show that aggressive war is far from irrelevant.

Russia’s invasion of Ukraine has been widely condemned as illegal. After fierce resistance from the Ukrainian military, Russian President Vladimir Putin’s forces have pivoted to consolidate their positions toward the south and east of the country, bombing residential areas and civilian targets. Ukraine has meanwhile uncovered what it says is evidence of war crimes committed in Bucha and other towns near Kyiv while under Russian control. Russian attacks have driven millions of people out of Ukraine.

The symposium will evaluate the legal and historical roots of the international norm of outlawing aggressive war and assess whether and how Russia and its leaders may be held accountable for aggression. The symposium consists of three expert panels and two keynote addresses:

  • Evening Gerber Lecture, Professor Tom Dannenbaum
  • Panel 1: Aggressive War – State vs. Individual Responsibility
  • Panel 2: International Institutional Responses to Aggression
  • Lunch Gerber Lecture: Keith M. Harper, Former United States Ambassador to the United Nations Human Rights Council
  • Panel 3: The War in Ukraine and the Politics of International Law

AGENDA:

Thursday, November 3, 2022 | Ceremonial Court Room

Opening remarks | 5:30-5:45pm

  • Kate Leisner, Editor-in-Chief, Maryland Journal of International Law
  • Renée McDonald Hutchins, Dean, University of Maryland Francis King Carey School of Law

Keynote Address | 5:45-7:00pm

  • 2022 Gerber Lecturer: Tom Dannenbaum, Associate Professor of International Law, The Fletcher School of Law & Diplomacy, Tufts University
  • Response: Scott Shapiro, Charles F. Southmayd Professor of Law and Professor of Philosophy, Yale Law School (Zoom)
  • Moderated by Matiangai Sirleaf, Nathan Patz Professor of Law, University of Maryland Francis King Carey School of Law

Friday, November 4, 2022 | Krongard Board Room

Breakfast | 8:30-9:00am

Opening Remarks | 9:00-9:15am

  • Junior Dufort, Executive Articles Editor, Maryland Journal of International Law
  • Peter Danchin, Associate Dean for Research and Faculty Development, Jacob A. France Professor of Law and Director, International and Comparative Law Program, University of Maryland Francis King Carey School of Law

Panel 1: Aggressive War – State vs. Individual Responsibility | 9:15-10:45am

By tracing the conceptual and historical evolution of the crime of aggression as well as its purpose and goals, this panel will assess where responsibility falls in the wake of an aggressive war, i.e., individual officials and/or the state at-large. Panelists:

  • Jonathan Bush, Lecturer in Law, Columbia Law School
  • Rachel Lopez, Associate Professor of Law, Thomas R. Kline School of Law, Drexel University
  • Susana Sácouto, Professorial Lecturer-in-Residence, Director of War Crimes Research Office, American University, Washington College of Law
  • Rebecca Hamilton, Associate Professor of Law, American University, Washington College of Law
  • Moderated by Matiangai Sirleaf, Nathan Patz Professor of Law, University of Maryland Francis King Carey School of Law

Coffee Break | 10:45-10:55 am

Panel 2: International Institutional Responses to Aggression | 10:55am-12:25pm

This panel will look at the various mechanisms available for holding aggressive actors accountable, including the ICC and other tribunals, claims commissions, and the United Nations. Panelists will assess the competence of these types of institutions considering past and present cases of aggression, including the war in Ukraine. Panelists:

  • Chiara Giorgetti, Professor of Law, University of Richmond School of Law (Zoom)
  • Yvonne Dutton, Professor of Law, Dean's Fellow and Grimes Fellow, Indiana University Robert H. McKinney School of Law
  • Michael A Newton, Professor of the Practice of Law, Professor of the Practice of Political Science, Vanderbilt University
  • Jennifer Trahan, Clinical Professor, NYU Center for Global Affairs; Convenor, The Global Institute for the Prevention of Aggression
  • Moderated by Peter Danchin, Associate Dean for Research and Faculty Development, Jacob A. France Professor of Law and Director, International and Comparative Law Program, University of Maryland Francis King Carey School of Law

Lunchbreak | 12:25-12:45pm

Lunchtime Talk - Ukrainian Perspectives on the War | 12:45-1:30pm

Pavlo Pushkar, Head of Division, Department for the Execution of Judgments of the European Court of Human Rights (Zoom) Tatiana Pechonchyk, Head of Board, Human Rights Centre ZMINA (Ukraine) (Zoom)

Keynote Address | 1:30-2:15 pm

2022 Gerber Lecturer: Keith M. Harper, Former United States Ambassador to the United Nations Human Rights Council; Senior Fellow, International and Public Affairs, Brown University Introduction by Michael Pinard, Francis & Harriet Iglehart Professor of Law, University of Maryland Francis King Carey School of Law

Coffee Break | 2:15-2:30pm

Panel 3: The War in Ukraine and the Politics of International Law | 2:30-4:00 pm

While the war in Ukraine seems unlawful to many states, others are not as quick to point the finger at Russia. This panel will discuss the politics surrounding the war in Ukraine, as well as assess state approaches to aggressive war in general. Panelists:

  • Christopher J. Borgen, Professor of Law, Co-Director of the Center for International and Comparative Law, St. John's University
  • Darin Johnson, Associate Professor of Law, Howard University School of Law
  • Frederick Lorenz, Senior Lecturer, Jackson School of International Studies, University of Washington, Seattle
  • Moderated by William Moon, Associate Professor of Law, University of Maryland Francis King Carey School of Law

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