The War of Law: The Balance of International Law, Military Law, and Constitutional Law in the War on Terror
As American troops battle in Afghanistan and Iraq in the War on Terror, attorneys, judges and politicians engage in what might be called The War of Law as they consider, litigate and help determine the fate of those captured and detained, in and out of uniform. What constitutes torture, who has access to counsel or trial - and under what jurisdiction?
International Law, Military Law, and Constitutional law all may apply; but sometimes don't - depending on who is talking. Balancing individual rights and fair treatment with the needs of security and obtaining information underlie the debate. What are the rights of the accused? Who can be prosecuted and under what rules? Joining John Callaway were panelist and legal experts Gary Isaac, Dr. Alberto R. Coll and Steven Presser to explore the intricacies of war and the law.
Gary Isaac has practiced law at Mayer, Brown & Platt (now Mayer, Brown, Rowe & Maw) in Chicago since 1986. Mr. Isaac has been involved in the Guantanamo litigation since the Fall of 2003, when he co-authored two "friend of the court" briefs in the Rasul case on behalf of retired military officers - one urging the Supreme Court to hear the detainees' case, and another urging the Court to hold that U.S. courts have jurisdiction to entertain detainees' petitions for habeas corpus.
Dr. Alberto R. Coll is Associate Professor of Law and President of the International Human Rights Law Institute at DePaul University . Previously, Dr. Coll was chairman of the Strategic Research Department at the U.S. Naval War College in Newport , Rhode Island , where he also served as dean of the Center for Naval Warfare Studies. From 1990 to 1993, Coll was principal deputy assistant secretary of defense, with responsibilities in the areas of special operations forces and "low-intensity" conflict, including counterterrorism.
Stephen Presser is the Raoul Berger Professor Legal History at Northwestern University where he has taught since 1977. Previously he was on the law faculty at Rutgers University and worked for the Washington , D.C. firm of Wilmer, Cutler & Pickering. He is a leading American legal historian and expert on shareholder liability for corporate debts.
John Callaway
John D. Callaway is now in his fourth season as Host of the Pritzker Military Library's monthly public affairs program, "Front and Center". John is celebrating his 50 th year in broadcast journalism. His first l7 years he spent with CBS Radio and Television in Chicago and New York. He was the founding News Director of WBBM 780 Newsradio in 1968. He also was the founding Director of the William Benton Fellowships program in Broadcast Journalism at the University of Chicago in 1983.
For the last 33 years, John Callaway has been with WTTW, Chicago Public Television (Channel 11). He is perhaps best known as the founding host of the nightly news analysis and interview program "Chicago Tonight", and more recently as the Host of Channel 11's popular "Friday Night" interview program and the Host and Senior Editor of the "Chicago Stories" documentary program series. His work has been honored with more than one hundred awards, including seventeen Emmys and the Peabody Award.
He is the recipient of nine honorary degrees, the William Benton Award of the University of Chicago and is in the Chicago Journalism Hall of Fame. He is the author of the best selling book of essays, "The Thing Of It Is" and has written and performed in two acclaimed one-man autobiographical shows for Chicago's Pegasus Players theater.
Front & Center is produced by Elizabeth Richter
