ROTEM GILADI. University of Michigan Law School 1110 McIntyre St. Ann Arbor MI (248)

Transcription

1 ROTEM GILADI University of Michigan Law School 1110 McIntyre St. Ann Arbor MI (248) EDUCATION UNIVERSITY OF MICHIGAN LAW SCHOOL Ann Arbor MI S.J.D program (direct admit) 2007 to present Candidate, August 2009 Dissertation Topic: The International Law of Occupation: Between Order and Humanity Dissertation Committee: Prof. Steven Ratner, Prof. Bruno Simma, Prof. James Morrow Leader of S.J.D. Colloquium, Michigan Grotius Fellowship UNIVERSITY OF MICHIGAN LAW SCHOOL Ann Arbor MI LL.M. May 2009 Graduate Representative, International Law Society Board Michigan Grotius Fellowship HEBREW UNIVERSITY LAW FACULTY Jerusalem Israel LL.M. magna cum laude 2001 Thesis: Some Observations on the Role of Good Faith in the Law of Treaties (English) Thesis Supervisors: Prof. Ruth Lapidoth, Prof. Moshe Hirsch Prof. Nathan and Judith Feinberg Foundation Award for the Promotion of International Law Research Abraham Speires Award for Distinguished Students of Public International Law Reporter, The Practice and Case Law of the State of Israel in Matters Related to International Law, ISRAEL LAW REVIEW ESSEX UNIVERSITY DEPARTMENT OF LAW Colchester UK LL.B. Class II Research Dissertation: Proportionality in English Law First Class Dissertation Supervisor: Prof. Roberts Watt TEACHING AND RESEARCH INTERESTS Primary interests: International Law Int l Humanitarian Law/Law of War War, Peace and Security Int l Institutions Int l Legal History Human Rights Additional interests: International Legal Theory Law of Treaties Refugee Law International Criminal Law Mid-East Conflict/Peace Process WORK IN PROGRESS Rites of Affirmation: Progress and Aboriginalism in International Humanitarian Law Historiography The Cost of Being Conservative: Negotiation and Structuring of Humanitarian Law Obligations A Different Sense of Humanity: Occupation in Francis Lieber s Code

2 Humanity in the Service of Order: Intellectual Roots of the Occupation Category (thesis chapter, available on request) The Humanitarian Law of Occupation in Operation: Aspiration and Achievement (thesis chapter, available on request) A Different Understanding of Occupation: Clausewitz, Military Theory, and Political Instrumentality (thesis chapter, available on request) A Legal Understanding of Occupation and the Humanitarian Function of Occupation Law (thesis chapter, available on request) Occupation and Order: Assessing the Phenomenon and Law of Occupation (thesis chapter) PUBLICATIONS Out of Context: Undercover Operations and IHL Advocacy in the Occupied Palestinian Territories 14 (3) JOURNAL OF CONFLICT AND SECURITY LAW 393 (2009), available in International Humanitarian Law and Undercover Operations in the Occupied Palestinian Territories (anonymous Policy Brief, Harvard Program on Humanitarian Policy and Conflict Research, 2009) The Jus Ad Bellum/Jus In Bello Distinction and the Law of Occupation, 41 ISRAEL L. REV. 246 (2008) Introduction: International Humanitarian Law and International Human Rights Law: Exploring Parallel Application 40 ISRAEL L. REV. 306 (2007) (with D. Kretzmer, Y. Shany) Protocols Additional to the Geneva Conventions of 12 August 1949 (International Committee of the Red Cross, Gen. ed., Hebrew Translation, 2004) Jerusalem the Capital of Israel, ; The Ministerial Committee for Jerusalem (with Amb. R. Merhav); The Consulates in Jerusalem; The Old City and International Law; The Peres-Holst Note Verbale; The Hashemite Kingdom of Jordan and Its Role in Jerusalem; The Position of the International Community on the Status and Future of Jerusalem (with Amb. Merhav); The U.S. Position on the Jerusalem Question and on Moving the U.S. Embassy to Jerusalem (with Amb. Merhav); and The United Nations and the Jerusalem Question (with Amb. Merhav), in: THE JERUSALEM LEXICON (A. Ramon ed., 2003) (Hebrew) The Role of the Hashemite Kingdom of Jordan in a Future Permanent Status Settlement in Jerusalem: Legal, Political and Practical Aspects, in: JERUSALEM: A CITY AND ITS FUTURE, (O. Ahimeir & M. Breger eds., Syracuse University Press, 2002) (with Amb. Merhav) The Report of the Committee for Investigating East Jerusalem Structures (The Klugman Committee of 1992): Implications for Permanent Status Settlement, in: THE OLD CITY OF JERUSALEM: A REPORT IN THE WAKE OF THE DISCUSSIONS OF A COMMITTEE ON THE OLD CITY (R. Lapidoth ed., 2002) (Hebrew) Blueprints By Economic Cooperation Foundation, in: ISRAELIS, PALESTINIANS COEXISTING IN JERUSALEM (Janiki Cingoli ed., Centro Italiano per la Pace in Medio Oriente, Milan 2001) PEACE ARRANGEMENTS IN JERUSALEM (Jerusalem: Jerusalem Institute for Israel Studies, 2000) (Hebrew) (with others) Een permanent akkord voor Jeruzalem: haalbaarheid, voorwaarden en implicaties (A Permanent Settlement in Jerusalem: Feasibility, Prospects and Implications, in: JERUZALEM: STAD VAN VREDE, VREDE VOOR DE STAD (JERUSALEM: CITY OF PEACE, PEACE FOR THE CITY) (W. Giladi 2

3 Bartels et al. eds., Uitgeverij/Kok, The Netherlands, 2000) (Dutch) THE ROLE OF THE HASHEMITE KINGDOM OF JORDAN IN A FUTURE PERMANENT STATUS SETTLEMENT IN JERUSALEM: LEGAL, POLITICAL AND PRACTICAL ASPECTS (1999) (Hebrew) (with Amb. R. Merhav) Freedom of Religion and the Constitutional Revolution, in: FREEDOM OF RELIGION IN JERUSALEM (O. Ahimeir & R. Lapidoth eds., 1999) (Hebrew) The Practice and Case Law of the State of Israel in Matters Related to International Law, 33 ISRAEL L. REV. 106 (1999) (lead article on the EU Position on Jerusalem; case notes on nonextradition of nationals and exceptions in diplomatic immunity from civil jurisdiction) The Practice and Case Law of the State of Israel in Matters Related to International Law, 32 ISRAEL L. REV. 475 (1998) (lead article on the International Treaties (Approval by the Knesset) Bill-1998) The Practice and Case Law of the State of Israel in Matters Related to International Law, 32 ISRAEL L. REV. 355 (1998) (lead article on the Israel-Lebanon cease-fire Monitoring Group) THE VATICAN MODEL AND THE JERUSALEM QUESTION (1997) (Hebrew) (with A. Ramon) The Concept of Sovereignty under International Law and Its Relevance to the Jerusalem Question, in: BRUSSELS-JERUSALEM: CONFLICT MANAGEMENT AND CONFLICT RESOLUTION IN DIVIDED CITIES A COMPARATIVE RESEARCH PROJECT (A. Detant ed., Centre for the Interdisciplinary Study of Brussels, 1997) The Practice and Case Law of the State of Israel in Matters Related to International Law, 31 ISRAEL L. REV. 803 (1997) (lead articles on sovereign immunity; case notes on non-refoulment and the reform of extra-territorial penal jurisdiction) The Practice and Case Law of the State of Israel in Matters Related to International Law, 30 ISRAEL L. REV. 373 (1996) (lead article on the Israeli-Canadian Free Trade Agreement) The Practice and Case Law of the State of Israel in Matters Related to International Law, 29 ISRAEL L. REV. 720 (1995) (lead article on Agreement Establishing an Association between the European Communities and the State of Israel; case note on the Palestinian elections and Israel s Basic Law: Jerusalem) The Practice and Case Law of the State of Israel in Matters Related to International Law, 29 ISRAEL L. REV. 506 (1995) (lead article on the 1995 Israeli-Palestinian Interim Agreement; case notes on effect of treaties in Israeli law, procedural privileges of foreign State litigants) TEACHING EXPERIENCE HEBREW UNIVERSITY OF JERUSALEM International Relations Department, Faculty of Social Sciences, Adjunct Diplomatic Law and Practice 2003 Diplomatic and Consular Law and Practice 2002 Magid Institute, Adjunct Jerusalem and the Holy Places 2000 Rothberg International School, Adjunct Israeli Government and Political System 2000 (English) Giladi 3

4 Jerusalem in the Peace Process 2000 (English) Law Faculty, Teaching/Research Assistant PROF. RUTH LAPIDOTH Public International Law and Institutions 2000 PROF. YEHUDA BLUM Public International Law and Institutions PROF. RUTH LAPIDOTH Research on Autonomy, Mid-East Peace Process 1996 WORK EXPERIENCE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) Israel/Occupied & Autonomous Territories Delegation Tel Aviv Senior Legal and Policy Adviser Wrote legal opinions and policy analysis and provided legal/policy advice to ICRC Delegation and Headquarters on international humanitarian law aspects of ICRC operations Drafted, revised and finalized ICRC official representations and reports Represented ICRC in its confidential dialogue with Israeli authorities, diplomatic community, international organizations, media, NGOs Developed ICRC cooperation with Israeli academia, promotion and support of teaching of international humanitarian law, including developing and organizing conferences, symposia, etc. MIDDLE EAST ECONOMIC COOPERATION FOUNDATION (ECF) Tel-Aviv International Law Consultant Advised on legal, substantive, procedural and institutional aspects of the permanent status negotiations, in particular on the Jerusalem question (in preparation of, during and after 2000 U.S.-Israeli-Palestinian Camp David Summit) Prepared background papers for the permanent status negotiations and drafted treaty provisions (transmitted by ECF to Israeli Delegation to the Camp David Summit) JERUSALEM INSTITUTE FOR ISRAEL STUDIES (JIIS) Jerusalem Researcher, Member of Think Tank on Permanent Peace Arrangements in Jerusalem Prepared individual and collective reports preparatory to Israeli-Palestinian peace negotiations, and briefed policymakers, on international law, domestic and international legal status of Jerusalem and the holy places, international and religious interest, political environment, territorial and sovereignty arrangements and strategic planning of negotiations 2003 Tshetshik Award for Contribution to Israeli National Security (awarded collectively to JIIS Think-tank) OFFICE OF THE LEGAL ADVISER ISRAEL MINISTRY OF FOREIGN AFFAIRS Jerusalem Articled Clerk/Lawyer Drafted international treaties and international law opinions Participated in bilateral negotiations, represented the Ministry in interdepartmental fora Member of the Israeli Delegation to the Israeli-Palestinian talks on the Interim Agreement of September 1995 CONFERENCES AND OTHER PRESENTATIONS Giladi 4

5 Vices and Virtues: Reciprocity Revisited, SECURING COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW: THE PROMISE AND LIMITS OF CONTEMPORARY ENFORCEMENT MECHANISMS Minerva Center for Human Rights, Hebrew University Law Faculty/ICRC Jerusalem November 2009 A Different Sense of Humanity: Occupation in Francis Lieber s Code, INTERNATIONAL LAW FORUM Hebrew University Law Faculty Jerusalem November 2009 Occupation, Humanity and Order in Francis Lieber s Code, THE UNITED STATES IN THE WORLD/THE WORLD IN THE UNITED STATES, Annual Meeting, Society of Historians of American Foreign Relations Falls Church, VA June 2009 Hidden Agenda: The Broad Normative Setting of Occupation Law, COMPLEMENTING INTERNATIONAL HUMANITARIAN LAW: EXPLORING THE NEED FOR ADDITIONAL NORMS TO GOVERN CONTEMPORARY CONFLICT SITUATIONS Minerva Center for Human Rights/ICRC Jerusalem June 2008 Military Occupation: Atypical Situations, Typical Problems, INTERNATIONAL HUMAN RIGHTS PROGRAM, University of Toronto Law Faculty February 2008 The Law of Occupation and the Jus Ad Bellum/Jus In Bello Distinction, FORTY YEARS AFTER 1967: REAPPRAISING THE ROLE AND LIMITS OF THE LEGAL DISCOURSE ON OCCUPATION IN THE ISRAELI-PALESTINIAN CONTEXT Minerva Center for Human Rights/ICRC Jerusalem June 2007 Jury Member, JEAN PICTET COMPETITION El Escorial, Spain April 2007 The Congo Case: Some Jus in Bello Aspects, PUBLIC INTERNATIONAL LAW FORUM, Hebrew University Law Faculty Jerusalem February 2006 Rethinking the Regulation of Change in Occupied Territories, DEMOCRACY AND OCCUPATION ICRC/Concord Research Center, School of Law, College of Management, Academic Studies Rishon LeZion June 2004 The Law Applicable to Detention in Occupied Territories and the Activities of the ICRC in Detention Facilities, CONFERENCE ON PROTECTION OF DETAINEE RIGHTS IN GENERAL SECURITY SERVICE INTERROGATIONS Public Committee Against Torture in Israel Ramat Gan Law College January 2002 Separation of Powers and Foreign Relations: Constitutional and Statutory Limitations on Negotiating and Concluding a Permanent Status Agreement on Jerusalem, FACULTY SEMINAR, Department of International Relations, Faculty of Social Sciences, Hebrew University Jerusalem April 2001 A Permanent Settlement in Jerusalem: Feasibility, Prospects and Implications, SYMPOSIUM ON JERUSALEM: CITY OF PEACE, PEACE FOR THE CITY Catholic University of Utrecht Utrecht The Netherlands September 2000 PANELS CHAIRED Concluding Roundtable, FORTY YEARS AFTER 1967: REAPPRAISING THE ROLE AND LIMITS OF THE LEGAL DISCOURSE ON OCCUPATION IN THE ISRAELI-PALESTINIAN CONTEXT Minerva Center for Human Rights, Hebrew University/ICRC Jerusalem June 2007 Institutional Obligations in the Law of Armed Conflict, Prof. Eyal Benvenisti, INTERNATIONAL HUMANITARIAN LAW GUEST LECTURE SERIES ICRC/Minerva Centre for Human Rights Jerusalem May 2007 What Kind of Humanitarian Law for What Type of Conflict? Reflections on the Legal Typology of Giladi 5

6 Armed Conflicts, Prof. Michael Bothe, INTERNATIONAL HUMANITARIAN LAW GUEST LECTURE SERIES ICRC/Minerva Centre for Human Rights Jerusalem January 2007 Implications of Parallel Application Comparative and Critical Perspectives, INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW: EXPLORING PARALLEL APPLICATION ICRC/Bruce W. Wayne Chair of International Law & Minerva Centre for Human Rights Jerusalem June 2006 Fighting Terrorism Within the Law: US Policy Against Al Qaeda, Prof. R. Wedgwood, INTERNATIONAL HUMANITARIAN LAW GUEST LECTURE SERIES, ICRC/Minerva Centre for Human Rights, Hebrew University Law Faculty Jerusalem May 2006 Military Objectives, Prof. Y. Dinstein, INTERNATIONAL HUMANITARIAN LAW GUEST LECTURE SERIES, INAUGURAL SESSION ICRC/Minerva Centre for Human Rights Jerusalem March 2006 Concluding Session (with Prof. D. Kretzmer), WORKSHOP ON INTERNMENT DURING INTERNATIONAL ARMED CONFLICT UNDER INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW ICRC/Bruce W. Wayne Chair of International Law Jerusalem October 2005 Why Do States Comply with IHL? Systematic and Theoretical Problems, COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW: ASSESSING COMPLIANCE-INDUCING AGENTS AND FACTORS ICRC/Concord Research Center Rishon LeZion May 2005 The Constitutive Elements of Occupation and the Beginning of Application of The Fourth Geneva Convention, WORKSHOP ON THE BEGINNING AND END OF OCCUPATION AND IHL APPLICABILITY ICRC/Bruce W. Wayne Chair of International Law Jerusalem February 2005 CONFERENCE, WORKSHOPS AND OTHER EVENTS DEVELOPED NATIONAL COMPETITION ON INTERNATIONAL HUMANITARIAN LAW ICRC, Israel, December 2007 (first edition) CONFERENCE ON HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW: EXPLORING PARALLEL APPLICATION ICRC/Bruce W. Wayne Chair of International Law & Minerva Centre for Human Rights Jerusalem June 2006 INTERNATIONAL HUMANITARIAN LAW GUEST LECTURE SERIES ICRC/Minerva Center for Human Rights Jerusalem (since March 2006) WORKSHOP ON INTERNMENT DURING INTERNATIONAL ARMED CONFLICT UNDER INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW ICRC/Bruce W. Wayne Chair of International Law Jerusalem October 2005 CONFERENCE ON COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW: ASSESSING COMPLIANCE-INDUCING AGENTS AND FACTORS ICRC/Concord Research Center Rishon LeZion May 2005 WORKSHOP ON THE BEGINNING AND END OF OCCUPATION AND IHL APPLICABILITY ICRC/Bruce W. Wayne Chair of International Law Jerusalem February 2005 SYMPOSIUM: ISRAEL, THE GENEVA CONVENTIONS AND THEIR ADDITIONAL PROTOCOLS ICRC/Concord Research Center Rishon LeZion December 2004 CUSTOMARY IHL: WORKSHOP FOR ISRAELI HUMAN RIGHTS NGOS ICRC Jerusalem December 2004 CONFERENCE ON DEMOCRACY AND OCCUPATION ICRC/Concord Research Center, Giladi 6

7 School of Law Rishon LeZion June 2004 CONTEMPORARY IHL: WORKSHOP FOR ISRAELI HUMAN RIGHTS NGOS ICRC Jerusalem November 2003 COMPLEMENTARITY IN LAW AND ACTION: WORKSHOP FOR ISRAELI HUMAN RIGHTS NGOS ICRC Jerusalem June 2002 BAR ADMISSION/LANGUAGES Israel, 1995 Fluent English and Hebrew Giladi 7