Nuclear Weapons and International Law: The Renewed Imperative in Light of the Russian Invasion of Ukraine
This virtual conference sponsored by the International Section of the New York State Bar Association (NYSBA) will address the continuing and heightened risks of nuclear war accentuated by Russia’s invasion of Ukraine and threats to use nuclear weapons, and related risks of use of such weapons by the United States. Following opening remarks by Ukraine’s Consul General in New York, speakers with a wide range of experience in government, the military, NGOs, academia, and think-tanks will address such subjects as risks presented by nuclear weapons and contemporary geopolitical tensions. Discussion will then proceed to a detailed consideration of the law of armed conflict and other international law applicable to the threat and use of nuclear weapons. The conference will close with a strategy session on how lawyers and others can get involved in addressing issues raised by such weapons and related risks.
CO-SPONSORS
Fordham Law School, Center on National Security
U.S. Air Force Academy, Law, Technology and Warfare Research Cell
American Bar Association International Law Section
Georgetown Law School, Journal of International Law
Catholic Peacebuilding Network
Lawyers Committee on Nuclear Policy
Global Security Institute
SCHEDULE
Wednesday, November 8, 2023
9:00 a.m. – 6:00 p.m. ET: Webinar
6:00 p.m. – 7:00 p.m. ET: Virtual Reception
COURSE MATERIALS & PROGRAM RECORDING
Click here to view the full agenda and course materials.
Click here to view the program recording.
EVENT CO-CHAIRS:
Prof. Charles J. Moxley, Jr., Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
John Burroughs, Senior Analyst, Lawyers Committee on Nuclear Policy
Edward K. Lenci, Partner, Hinshaw & Culbertson LLP (NYC); Founder and former Co-Chair, Ukraine Task Force of the New York State Bar Association
Prof. Jeffrey Biller, Deputy Director, Law, Technology and Warfare Research Cell, United States Air Force Academy
Jonathan Granoff, President, Global Security Institute; Senior Advisor, Permanent Secretariat of the World Summits of Nobel Peace Laureates
Jules Zacher, Board Chair, Council for a Livable World; Executive Board Member, the Center for Ethics and the Rule of Law at the Annenberg Public Policy Center at the University of Pennsylvania
FACULTY:
Jutta Bertram-Nothnagel, Vice-President, Lawyers Committee on Nuclear Policy; Representative to the UN, International Association of Lawyers Against Nuclear Arms
Jeffrey Biller, Deputy Director, Law, Technology and Warfare Research Cell, United States Air Force Academy
John Burroughs, Senior Analyst, Lawyers Committee on Nuclear Policy
Jacqueline Cabasso, Executive Director, Western States Legal Foundation; North American Coordinator, Mayors for Peace
Denise Duffield, Associate Director of Physicians for Social Responsibility – Los Angeles; Steering Committee Member, Back from the Brink Coalition
Prof. John D. Feerick, Professor and Dean Emeritus, Fordham Law School
David Gibson, Fordham Center on Religion and Culture; Catholic Peacekeeping Network
Eirini Giorgou, ICRC Legal Adviser covering nuclear weapons
Jonathan Granoff, President, Global Security Institute; Senior Advisor, Permanent Secretariat of the World Summits of Nobel Peace Laureates
Navy Commander Leigha Groves, Deputy Staff Judge Advocate, U.S. Strategic Command
Prof. Oona Hathaway, Gerard C. and Bernice Latrobe Smith, Professor of International Law, Yale Law School
Hon. Khrystyna Hayovyshyn, Deputy Permanent Representative, Permanent Mission of Ukraine to the United Nations in New York
Hon. Oleksii Holubov, Consul General of Ukraine in New York
David S. Jonas, Partner, Fluet; Former Nuclear Nonproliferation Planner, Joint Chiefs of Staff; LtCol, USMC (Ret.); Adjunct Professor at Georgetown and George Washington Law Schools
Major Kenneth "Daniel" Jones, Judge Advocate, Office of the Judge Advocate General, U.S. Army
David Koplow, Professor, Georgetown University Law Center; Former Special Counsel for Arms Control to the General Counsel of the U.S. Department of Defense
Edward K. Lenci, Partner, Hinshaw & Culbertson LLP (NYC); Founder and former Co-Chair, Ukraine Task Force of the New York State Bar Association
Richard C. Lewis, President, New York State Bar Association
Dr. Hans Liwång, Associate Professor, Deputy Head of Department of Systems Science for Defence and Security, Swedish Defence University
Prof. Charles J. Moxley, Jr., Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
Gerard F. Powers, Faculty, University of Notre Dame, Kroc Institute for International Peace Studies; Director, Catholic Peacebuilding Studies
Colonel Theodore T. Richard, United States Air Force Judge Advocate, Staff Judge Advocate at Space Operations Command
Alan Robock, Distinguished Professor, Department of Environmental Sciences, Rutgers University
James Scouras, Senior Scholar, Johns Hopkins University, Applied Physics Laboratory
Seth Shelden, UN Liaison, International Campaign to Abolish Nuclear Weapons; Partner, Farkas & Neurman; Adjunct Professor, CUNY School of Law
Mary L. Smith, President, American Bar Association; Vice Chair, VENG Group
Dr. Shane Smith, Director, Institute for National Security Studies and Associate Professor, Dept. of Political Science, United States Air Force Academy
Allen S. Weiner, Senior Lecturer in Law and Director, Stanford Program in International and Comparative Law, Stanford Law School
Jules Zacher, Board Chair, Council for a Livable World; Executive Board Member, the Center for Ethics and the Rule of Law at the Annenberg Public Policy Center at the University of Pennsylvania
- November 8, 2023
- 9:00 AM
- 6:00 PM
- Virtual Participation
The International Section of
the New York State Bar Association
is proud to sponsor
Nuclear Weapons and International law
The Renewed Imperative in Light of the Russian Invasion of Ukraine
Wednesday, November 8, 2023
9:00 a.m. – 6:00 p.m. via Zoom
(virtual reception to follow)
CO-SPONSORS
Fordham Law School, Center on National Security
U.S. Air Force Academy, Law, Technology and Warfare Research Cell
American Bar Association, International Law Section
Georgetown Law School, Journal of International Law
Catholic Peacebuilding Network
Lawyers Committee on Nuclear Policy
Global Security Institute
9:00 – 9:45 a.m. Opening Remarks
· Prof. John D. Feerick, Professor and Dean Emeritus, Fordham Law School
· Prof. Charles J. Moxley, Jr., Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
· Richard C. Lewis, President, New York State Bar Association
· Mary L. Smith, President, American Bar Association; Vice Chair, VENG Group
· Prof. Jeffrey Biller, Deputy Director, Law, Technology and Warfare Research Cell, United States Air Force Academy
· Jonathan Granoff, President, Global Security Institute; Senior Advisor, Permanent Secretariat of the World Summits of Nobel Peace Laureates
· John Burroughs, Senior Analyst, Lawyers Committee on Nuclear Policy
· Edward K. Lenci, Partner, Hinshaw & Culbertson LLP (NYC); Founder and former Co-Chair, Ukraine Task Force of the New York State Bar Association
· Hon. Khrystyna Hayovyshyn, Deputy Permanent Representative, Permanent Mission of Ukraine to the United Nations in New York
9:45 – 10:45 am Panel 1: Facts and Risks Associated with Nuclear Weapons Highlighted by Russia’s Threats to Use Nuclear Weapons in Ukraine
Faculty:
· Moderator: Charles Moxley, Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
· Dr. Shane Smith, Director, Institute for National Security Studies and Associate Professor, Dept. of Political Science, United States Air Force Academy
· Alan Robock, Distinguished Professor, Department of Environmental Sciences, Rutgers University
· James Scouras, Senior Scholar, Johns Hopkins University, Applied Physics Laboratory
10:45 – 11:00 a.m. Break
11:00 – 12:30 p.m. Panel 2: International Law Applicable to Potential Uses of Nuclear Weapons in Ukraine and Beyond
Addressing law of armed conflict principles of distinction, proportionality, necessity, and precaution and the law of reprisal applicable to potential uses of nuclear weapons, along with consideration of bases for per se rules under international law
Faculty:
· Moderator: John Burroughs, Senior Analyst, Lawyers Committee on Nuclear Policy
· Major Kenneth Daniel Jones, Judge Advocate, Office of the Judge Advocate General, U.S. Army
· David Koplow, Professor, Georgetown University Law Center; Former Special Counsel for Arms Control to the General Counsel of the U.S. Department of Defense
· Charles Moxley, Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
· Colonel Theodore T. Richard, United States Air Force Judge Advocate, Staff Judge Advocate at Space Operations Command
12:30 – 1:30 p.m. Lunch
12:45 – 1:15 p.m. Keynote: Role of International Law in Contemporary Times
Prof. Oona Hathaway, Gerard C. and Bernice Latrobe Smith, Professor of International Law, Yale Law School
1:30 – 2:50 p.m. Panel 3: The Role of Risk Analysis in the Application of International Law to Nuclear Weapons Use
Examining how, in applying LOAC to potential uses of nuclear weapons, various levels of probability of unlawful effects should be weighed and valued as to potential lawfulness.
Faculty:
· Moderator: Charles Moxley, Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
· Prof. Jeffrey Biller, Deputy Director, Law, Technology and Warfare Research Cell, United States Air Force Academy
· Eirini Giorgou, ICRC Legal Adviser covering nuclear weapons
· David Koplow, Professor, Georgetown University Law Center; Former Special Counsel for Arms Control to the General Counsel of the U.S. Department of Defense
· Dr. Hans Liwång, Associate Professor, Deputy Head of Department of Systems Science for Defence and Security, Swedish Defence University
2:50 – 3:00 p.m. Break
3:00 – 4:25 p.m. Panel 4: Nuclear Deterrence and the Law of Threat
Faculty:
· Moderator: Jacqueline Cabasso, Executive Director, Western States Legal Foundation; North American Coordinator, Mayors for Peace
· John Burroughs, Senior Analyst, Lawyers Committee on Nuclear Policy
· Eirini Giorgou, ICRC Legal Adviser covering nuclear weapons
· Navy Commander Leigha Groves, Deputy Staff Judge Advocate, U.S. Strategic Command
· David S. Jonas, Partner, Fluet; Former Nuclear Nonproliferation Planner, Joint Chiefs of Staff; LtCol, USMC (Ret.); Adjunct Professor at Georgetown and George Washington Law Schools
· Allen S. Weiner, Senior Lecturer in Law and Director, Stanford Program in International and Comparative Law, Stanford Law School
4:25 – 4:35 p.m. Break
4:35 – 4:50 p.m. Reflections on Policy and Law: Jonathan Granoff, President, Global Security Institute; Senior Advisor, Permanent Secretariat of the World Summits of Nobel Peace Laureates
4:50 – 6:00 p.m. Panel 5: Strategy Session: Things Lawyers and Others Can Do to Get Involved and Make a Difference in Addressing Nuclear Weapons Risks
Faculty:
· Moderator: Charles Moxley, Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
· Jutta Bertram-Nothnagel, Vice-President, Lawyers Committee on Nuclear Policy; Representative to the UN, International Association of Lawyers Against Nuclear Arms
· Jacqueline Cabasso, Executive Director, Western States Legal Foundation; North American Coordinator, Mayors for Peace
· Denise Duffield, Associate Director of Physicians for Social Responsibility – Los Angeles; Steering Committee Member, Back from the Brink Coalition
· David Gibson, Fordham Center on Religion and Culture; Catholic Peacekeeping Network
· Edward K. Lenci, Partner, Hinshaw & Culbertson LLP (NYC); Founder and former Co-Chair, Ukraine Task Force of the New York State Bar Association
· Gerard F. Powers, Faculty, University of Notre Dame, Kroc Institute for International Peace Studies; Director, Catholic Peacebuilding Studies
· Seth Shelden, UN Liaison, International Campaign to Abolish Nuclear Weapons; Partner, Farkas & Neurman; Adjunct Professor, CUNY School of Law
· Jules Zacher, Board Chair, Council for a Livable World; Executive Board Member, the Center for Ethics and the Rule of Law at the Annenberg Public Policy Center at the University of Pennsylvania
6:00 – 7:00 p.m. Virtual reception
Click here to join.
- Prof. Charles J. Moxley, Jr., Co-Chair, Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
- John Burroughs, Co-Chair, Senior Analyst, Lawyers Committee on Nuclear Policy
- Edward K. Lenci, Co-Chair, Partner, Hinshaw & Culbertson LLP (NYC); Founder and former Co-Chair, Ukraine Task Force of the New York State Bar Association
- Prof. Jeffrey Biller, Co-Chair, Deputy Director, Law, Technology and Warfare Research Cell, United States Air Force Academy
- Jonathan Granoff, Co-Chair, President, Global Security Institute; Senior Advisor, Permanent Secretariat of the World Summits of Nobel Peace Laureates
- Jules Zacher, Co-Chair, Board Chair, Council for a Livable World; Executive Board Member, the Center for Ethics and the Rule of Law at the Annenberg Public Policy Center at the University of Pennsylvania
- Jutta Bertram-Nothnagel, Speaker, Lawyers Committee on Nuclear Policy
- Jeffrey Biller, Speaker, Deputy Director, Law, Technology and Warfare Research Cell, United States Air Force Academy
- John Burroughs, Speaker, Senior Analyst, Lawyers Committee on Nuclear Policy
- Jacqueline Cabasso, Speaker, Executive Director, Western States Legal Foundation; North American Coordinator, Mayors for Peace
- Denise Duffield, Speaker, Steering Committee, Back from the Brink
- Prof. John D. Feerick, Speaker, Professor and Dean Emeritus, Fordham Law School
- David Gibson, Speaker, Fordham Center on Religion and Culture; Catholic Peacekeeping Network
- Eirini Giorgou, Speaker, ICRC Legal Adviser covering nuclear weapons
- Jonathan Granoff, Speaker, President, Global Security Institute; Senior Advisor, Permanent Secretariat of the World Summits of Nobel Peace Laureates
- Navy Commander Leigha Groves, Speaker, Deputy Staff Judge Advocate, U.S. Strategic Command
- Prof. Oona Hathaway, Speaker, Gerard C. and Bernice Latrobe Smith, Professor of International Law, Yale Law School
- Hon. Oleksii Holubov, Speaker, Consul General of Ukraine in New York
- David S. Jonas, Speaker, Partner, Fluet; Former Nuclear Nonproliferation Planner, Joint Chiefs of Staff; LtCol, USMC (Ret.); Adjunct Professor at Georgetown and George Washington Law Schools
- Major Kenneth Daniel Jones, Speaker, Judge Advocate, Office of the Judge Advocate General, U.S. Army
- David Koplow, Speaker, Professor, Georgetown University Law Center; Former Special Counsel for Arms Control to the General Counsel of the U.S. Department of Defense
- Edward K. Lenci, Speaker, Partner, Hinshaw & Culbertson LLP (NYC); Founder and former Co-Chair, Ukraine Task Force of the New York State Bar Association
- Richard C. Lewis, Speaker, President, New York State Bar Association
- Dr. Hans Liwång, Speaker, Associate Professor, Deputy Head of Department of Systems Science for Defence and Security, Swedish Defence University
- Prof. Charles J. Moxley, Jr., Speaker, Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC
- Gerard F. Powers, Speaker, Faculty, University of Notre Dame, Kroc Institute for International Peace Studies; Director, Catholic Peacebuilding Studies
- Colonel Theodore T. Richard, Speaker, United States Air Force Judge Advocate, Staff Judge Advocate at Space Operations Command
- Alan Robock, Speaker, Distinguished Professor, Department of Environmental Sciences, Rutgers University
- James Scouras, Speaker, Senior Scholar, Johns Hopkins University, Applied Physics Laboratory
- Seth Shelden, Speaker, UN Liaison, International Campaign to Abolish Nuclear Weapons; Partner, Farkas & Neurman; Adjunct Professor, CUNY School of Law
- Mary L. Smith, Speaker, President, American Bar Association; Vice Chair, VENG Group
- Allen S. Weiner, Speaker, Senior Lecturer in Law and Director, Stanford Program in International and Comparative Law, Stanford Law School
- Jules Zacher, Speaker, Board Chair, Council for a Livable World; Executive Board Member, the Center for Ethics and the Rule of Law at the Annenberg Public Policy Center at the University of Pennsylvania
- Webinar
- INT11823
- International Section