International Humanitarian Law Workshop 2012

Presented by

International Committee for the Red Cross and
Center for Global Law & Policy

Hosted at

Santa Clara University School of Law

2012 IHL Presentations
2012 IHL Faculty
2012 IHL Reading Materials
Short video discussing the scope of the Workshop
IHL Student Testimonials

January 3 – 6, 2012

This workshop combined lectures and hands-on exercises that guided U.S. law students through an intensive workshop on international humanitarian law (IHL). The workshop was led by legal professionals from the International Committee of the Red Cross (ICRC), lawyers for the U.S. Armed Forces, and law professors who specialize in IHL.

Topics included:

  • Introduction to International Humanitarian Law
  • When Does IHL Apply?
  • Human Rights and IHL
  • Protected Persons
  • Internment/Detention
  • Armed Conflicts of a Non-International Character
  • The IHL/Terrorism Interface
  • Implementation and Enforcement of IHL


2012 International Humanitarian Law Workshop Presentations:

Daniel Cahen – Clarifying the Notion of Direct Participation in Hostilities under International Humanitarian Law
Andy Gillman – Conflict Classification
Kate Jastram – Introduction to IHL: Application and Basic Principles
Chris Jenks – Battlefield Status & Protected Persons
Bill Johnson – Detention and Internment
Gabor Rona – Human Rights First
Beth Van Schaack – The Implementation & Enforcement of International Humanitarian Law: War Crimes

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2012 International Humanitarian Law Workshop Faculty:

ICRCDaniel Cahen
Legal Advisor, International Committee of the Red Cross (ICRC)

Daniel Cahen serves as the Legal Advisor for the Washington Regional Delegation for the United States and Canada. In this capacity, he is responsible for legal support to the ICRC in the US and Canada, with a particular focus on Guantanamo and detention policy issues, as well as military operations notably in Afghanistan and Iraq.

Before assuming his present functions Daniel Cahen was Deputy Head of the Legal Advisors to the Operations Units at the Headquarters of the ICRC in Geneva, where he advised ICRC teams based in Latin America, the Horn of Africa and South Asia on matters related to International Humanitarian Law. Before joining the Legal Division of the ICRC in Geneva in 2005 Daniel Cahen carried out assignments in ICRC field offices in Afghanistan, the Democratic Republic of Congo and Colombia.

Daniel Cahen also worked as an attorney and was a member of the Paris Bar in France. He holds an LLB (King’s College London), a Master’s Degree in International Humanitarian Law and International Human Rights Law (University Paris II Panthéon Assas) and a Master’s Degree in Comparative Criminal Law (University Paris I Panthéon Sorbonne).


Andy GillmanMajor Andrew D. “Andy” Gillman
(Judge Advocate, U.S. Air Force)
Associate Professor, International And Operational Law Dept.
The Judge Advocate General’s Legal Center And School (TJAGLCS), U.S. Army

Major Andrew D. “Andy” Gillman is an Associate Professor of International and Operations Law at The Judge Advocate General’s Legal Center and School (TJAGLCS, U.S. Army), in Charlottesville, Virginia. He teaches introductory and graduate-level classes on Means and Methods of Warfare, International Human Rights Law, and Advanced Topics in the Law of War; and advises military commanders and judge advocates worldwide on related matters. He also serves as Editor-in-Chief for three joint service legal publications: the Operational Law Handbook, Documentary Supplement, and Law of War Deskbook.

Major Gillman received his commission in 1999 via AFROTC Det 365, “Doolittle’s Raiders,” crosstown at the Massachusetts Institute of Technology. He worked in base level and major weapons system contracting assignments before attending law school; then supervised legal assistance, civil law, claims, general law, and military justice (twice) in base legal offices before his present duty. He has deployed to Iraq and is admitted to practice before the Supreme Judicial Court of the Commonwealth of Massachusetts.


Kate JastramKate Jastram
Berkeley Law
Lecturer in Residence, Senior Fellow, Miller Institute for Global Challenges and the Law

Kate Jastram joined the Berkeley Law faculty in 2002. Prior to that, she was a legal advisor to the United Nations High Commissioner for Refugees from 1991 to 2001 in Geneva and in Washington, D.C. Following graduation from Boalt, she practiced immigration and nationality law in San Francisco and directed a pro bono asylum program in Minneapolis.

Her scholarly work explores the challenges states face in balancing protection for forced migrants with their national security concerns, by focusing on the intersections of refugee law, human rights law, international humanitarian law, and international criminal law.  Her current project, supported by the Social Sciences and Humanities Research Council of Canada, is a comparative examination of War Crimes and Refugee Status, and the use of international humanitarian law and international criminal law in asylum adjudication.

Jastram is an associate rapporteur of the Human Rights Nexus Working Party for the International Association of Refugee Law Judges; and has served as an expert on asylum issues for the U.S. Commission on International Religious Freedom, an independent bi-partisan federal agency. She is a mentor for the San Francisco Lawyers’ Committee for Civil Rights’ asylum program. She co-wrote an amicus brief on behalf of UNHCR for the U.S. Supreme Court in Negusie v Mukasey (2009). She has worked on a variety of other projects for UNHCR and IOM, participated in the Fifth Michigan Colloquium on Challenges in International Refugee Law (on the Right to Work), and has taught at the International Institute for Humanitarian Law in Sanremo, Italy. She was a co-recipient of the Arthur C. Helton Human Rights Award in 2005, given by the American Immigration Lawyers Association in recognition of outstanding service in advancing the cause of human rights.

Jastram teaches courses in refugee law, international humanitarian law, global migration issues, national security and international protection, immigration law, and international human rights.


Christopher JenksLieutenant Colonel Christopher Jenks
U.S. Army Chief of the International Law Branch of the Office of the Judge Advocate General

Lieutenant Colonel Chris Jenks is an active duty Judge Advocate in the United States Army, presently serving as the Chief of the International Law Branch at the Office of The Judge Advocate General in the Pentagon. He has spent over 19 years in the Army, first as an Infantry officer serving in Germany, Kuwait and Bosnia and later as a Judge Advocate, serving in Korea and Iraq. Lieutenant Colonel Jenks is a graduate of the United States Military Academy, the University of Arizona College of Law, the Judge Advocate General’s Legal Center and School, and Georgetown University Law School. He is currently a PhD candidate at the University of Melbourne in Australia focusing on the U.S. approach to war crimes investigations and prosecutions.

He has published articles on detention under international humanitarian law, human rights law, and government contractors. He has also spoken on those same topics at universities and institutes in Australia, Italy, South Africa and the U.S., and with the militaries of the Republic of Yemen and several different European and African countries. Lieutenant Colonel Jenks’ military awards include the Valorous Unit Award, the Bronze Star Medal, and both the Expert Infantryman and Parachutist Badges.


Bill JohnsonMajor William J. “Bill” Johnson
(Judge Advocate, U.S. Army)
Associate Professor, International And Operational Law Dept.
The Judge Advocate General’s Legal Center And School (TJAGLCS), U.S. Army

Major Bill Johnson is an Associate Professor of International and Operational Law at The Judge Advocate General’s Legal Center and School (TJAGLCS, U.S. Army), in Charlottesville, Virginia.  He teaches introductory and graduate-level classes on Intelligence Law, Interrogation Operations, Military Operations, and Rule of Law.

Major Johnson graduated from the United States Military Academy in 1997 and was commissioned as a second lieutenant in the Infantry. He served as an infantry officer in Germany with two deployments in support of operations in Kosovo. After returning to the United States, Major Johnson attended law school through the Army and served as a Judge Advocate with the First Infantry Division, to include a fifteen month tour as an operational law attorney in Baghdad, Iraq. Prior to his current assignment, Major Johnson served as an Observer, Controller and Trainer at the Joint Multinational Readiness Center in Hohenfels, Germany. Major Johnson is admitted to practice before the Supreme Court of Colorado, the U.S. Court of Appeals for the Armed Forces, the U.S. Supreme Court, and the U.S. Patent and Trademark Office as a Registered Patent Attorney.


ICRCAnne Quintin
Public Affairs Officer, International Committee of the Red Cross (ICRC)

Anne Quintin recently joined the ICRC delegation in Washington, DC, to liaise with academia in North America on International Humanitarian Law. Between 2008 and 2011, she worked at the ICRC Headquarters in Geneva as Head of Project in the Civil Society Relations Unit, and co-edited the 3rd Edition of How Does Law Protect in War alongside Marco Sassoli and Antoine Bouvier.

Prior to joining the ICRC, she worked for the International Institute of Humanitarian Law in Sanremo and in Geneva.

Graduated in Politics, Philosophy and Economics from the University of Kent (England), she holds a master degree from the Institut d’Etudes Politiques de Lille (France) and an LL.M in International Humanitarian Law from the Geneva Academy of International Humanitarian Law and Human Rights.


Gabor RonaGabor Rona
International Legal Director, Human Rights First

As the International Legal Director of Human Rights First, Gabor Rona advises Human Rights First programs on questions of international law and coordinates international human rights litigation. He also represents Human Rights First with governments, intergovernmental and non-governmental organizations, the media and the public on matters of international human rights and international humanitarian law (the law of armed conflict).

Before coming to Human Rights First, Gabor was a Legal Advisor in the Legal Division of the International Committee of the Red Cross (ICRC) in Geneva. At the ICRC he focused on the application of international humanitarian and human rights law in the context of counter-terrorism policies and practices. He represented the ICRC in intergovernmental, nongovernmental, academic and public forums and his articles on the topic have appeared in the Financial Times, the Fletcher Forum on World Affairs and the Chicago Journal of International Law, among other publications. In addition, he represented the ICRC in connection with the establishment of international and other criminal tribunals, including the International Criminal Court.

He has taught International Humanitarian Law and International Criminal Law in several academic settings, including the International Institute of Human Rights in Strasbourg, France and the University Centre for International Humanitarian Law in Geneva, Switzerland. Gabor also teaches International Humanitarian Law at Columbia Law School.


Beth Van SchaackBeth Van Schaack
Professor of Law, Santa Clara University School of Law

Beth Van Schaack is a Professor of Law with Santa Clara University School of Law, where she teaches and writes in the areas of human rights, transitional justice, international criminal law, public international law, international humanitarian law, and civil procedure. She has participated in a number of briefs in cases concerning international human rights and humanitarian law in the U.S. Supreme Court and lower federal courts. She also directs summer programs in human rights and humanitarian law in Geneva, Switzerland; Strasbourg, France; and San José, Costa Rica. For the academic year 2009-2010, she was a Visiting Scholar with the Center on Democracy, Development and the Rule of Law at Stanford University.

Professor Van Schaack joined the law faculty from private practice at Morrison & Foerster LLP. As a litigator, Prof. Van Schaack she was trial counsel for Romagoza v. Garcia, a human rights case on behalf of three Salvadoran refugees that resulted in a plaintiffs’ award of $54.6 million.  She was on the criminal defense team for John Walker Lindh, the “American Taliban.” Prior to entering private practice, Prof. Van Schaack was Acting Executive Director and Staff Attorney with The Center for Justice & Accountability, a non-profit law firm in San Francisco dedicated to the representation of victims of torture and other grave human rights abuses. She was also with the Office of the Prosecutor of the International Criminal Tribunals for the Former Yugoslavia. Professor Van Schaack is a graduate of Stanford University and Yale Law School.

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International Humanitarian Law Workshop Student Testimonials

I gained so much from the program and I have been spreading the word about it to other students ever since. I keep in touch with several of the students I made friends with, and even ran into one this summer. Most importantly, I gained experience, knowledge, and connections within the field, which assisted me during my 2nd round of applying for Navy JAG. I am happy to say that the encouraging words from all the people I encountered at the conference made a difference; I was accepted into the program at the end of last Spring and will be commissioning in about a month. I am so grateful that I had the opportunity to join the conference.

Joanna Gonzales,
Loyola University New Orleans College of Law


Since participating in the workshop in 2009, I have graduated law school and started my career in the USAF JAG Corps. The IHL workshop was extremely worthwhile from both content and networking points of view. IHL is not a specialty that all law schools offer. This seminar was a really great addition and complement to the Public International Law class I had just finished at UC Davis. It was also relevant even after I graduated because of my choice of career. Several of the topics covered in my later JAG training were covered in this seminar. As a new JAG, I had a leg up over my classmates on issues such as LOAC. The resources and material we were given were very comprehensive and I still refer to them at times today. Having them in an electronic format of these resources was particularly useful because of the searchability feature.

The quality of lecturers and opportunity to network were also superb and the content was very salient to the career I chose. I had the opportunity to meet a former Air Force captain and an active duty Army major and get a heads up on the career I was going to start after law school. Their insights and tips were particularly helpful in the first few months of my active duty because I knew what to expect and what opportunities to look out for. The workshop also gave me a different perspective on topics of law that I would later learn about in more depth as part of my military training.

I really valued the experience I had at Santa Clara and highly recommend it to law students interested in a government or policy career or students who want to round out their education in international and humanitarian law.

Anna Beier-Pedrazzi
1st Lt, USAF JAG Corps
J.D., UC Davis School of Law

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For more information, contact:

Center for Global Law and Policy
Santa Clara University
School of Law
email: cglp@scu.edu
phone: (408) 551-1955
(800) 728-1873
fax: (408) 554-5047

Prior years’ workshops materials

2011 Workshop Presentations
2010 Workshop Powerpoints
2009 Workshop Powerpoints

Simulation Exercises:

2011 Simulation Exercise: draft U.S. law-of-war legislation
2010 Simulation Exercise: International Criminal Tribunal for Terrorism

Professor Beth Van Schaack’s blog posts about the 2011 IHL workshop:

intlawgrrls.blogspot.com/2010/11/intensive-ihl-workshop.html
intlawgrrls.blogspot.com/2011/01/intensive-ihl-workshop.html
intlawgrrls.blogspot.com/2011/01/contours-of-law-of-war-detention.html

Beth Van Schaack’s blog posts about the 2009 IHL workshop:

intlawgrrls.blogspot.com/2009/01/teaching-ihl.html
intlawgrrls.blogspot.com/2009/02/teaching-terrorism.html