The law and policy of covert operations have grown to encompass some of the most complex questions in national security. Under what legal authority may the government act covertly? Against whom? Where? In what way? It is one area of national security law which demands that lawyers and policymakers bring together solid understanding of domestic law, international law, and foreign policy, and these challenges are only augmented by technology. Are concepts of lawful use of force and, more generally, jus in bello, irretrievably distorted by remote technological warfare such as covert drone operations? When the government acts against individuals, in secret, does the current framework provide an appropriate balance of oversight, operational flexibility, and protection of rights and civil liberties? How will trends in covert operations be mapped onto, or force changes in the law of covert operations going forward?
The Harvard National Security Journal’s Third Annual Symposium will explore these questions with academics, public and private practitioners, and knowledgeable journalists through an opening discussion, two panels, and a keynote address. The Journal is hopeful that the Symposium will further the understanding and advance the quality of discussion on this important and timely issue.
Location: Harvard Law School's Wasserstein Hall, Milstein East Rooms A/B (located on the second floor)
Schedule:
-- 11:30am - Lunch provided
-- Noon - Opening Remarks by Dean Minow
-- 12:15-1pm - Opening Discussion - "Should the US take First-Strike in Cyberspace off the Table?"
Prof. Chris Demchak (USNWC)
Mr. Herb Lin (National Academies)
-- 1:30-3pm - Panel: Future of Covert Operations: Domestic Law & Policy
COL Renn Gade (SOCOM)
Prof. Robert Chesney (UTexas)
Prof. William Banks (Syracuse)
Andru Wall (Alston Bird, former USN)
Moderated by Mr. Juan Zarate (CSIS, former NSC)
The Domestic Law and Policy panel, from 1:30-3pm, will begin with the moderator providing a brief overview of some of the developments in domestic law and policy of covert operations (inter-agency cooperation, the Title 10/50 divide, the role of intelligence in military operation, and the policy aspects of unmanned operations, etc.) before asking each panelist to speak for about 10-15 minutes on some aspect or insight, and what effects they expect of current trends in, for example, DoD budget pressures, greater spending on special operations, the emergence of cybersecurity issues, and the withdrawal from Iraq, drawdown in Afghanistan, and emerging theatre in East Asia. After these introductory comments (the first half of the panel), the remainder will be taken up by a question period, beginning with a focused question by the moderator, followed by questions from the audience of law school faculty, journal members, and students from Harvard Law School, Harvard Kennedy School, Tufts Fletcher School, etc.
-- 3-3:30pm - Coffee Break
-- 3:30-5pm - Panel: International Law & Covert Operations
Brig. Gen. Richard Gross (OCJCS)
Prof. Oona Hathaway (Yale)
Eric Greenwald (CyberCom)
Prof. Ken Anderson (American University - Washington)
Moderated by Prof. Glennon (Tufts)
The International Law and Covert Operations panel will last from 3:30-5pm, beginning with the moderator providing a brief overview of some of the challenges posed by international law to covert operations (how, for example, covert operations have raised questions about the future of sovereignty, consent, the "unwilling or unable" framework, use of force threshold, etc) before asking each panelist to speak for about 10-15 minutes on their view on some aspect or insight related to this nexus, and what effects they expect of current trends in, for example, greater reliance on unmanned operations, geographic changes in the fight against Al-Qaeda and affiliates, the drawdown in Afghanistan, and the future of covert action in future conflicts. After these introductory comments (the first half of the panel), the remainder will be taken up by a question period, beginning with a focused question by the moderator, followed by questions from the audience.
-- 5:30-6:30pm - Keynote Address by Dana Priest (Washington Post)
Sponsored by Milbank, Tweed, Hadley & McCloy LLP
