Curriculum Vitae

Madeline Morris

Employment

1995-Present	Professor of Law, Duke Law School, Durham, NC.
1995-2005	Director, Duke/Geneva Institute in Transnational Law, Geneva, Switzerland.
May 2003	Visiting Professor, University Center for International Humanitarian Law, Geneva, Switzerland.
1993-1995	Associate Professor of Law, Duke University School of Law, Durham, NC.
1990-1993	Assistant Professor of Law, Duke University School of Law, Durham, NC.
1989-1990	Law clerk to Judge John Minor Wisdom, US Court of Appeals for the Fifth Circuit.
1989	Summer associate, Heller, Ehrman, White & McAuliffe, San Francisco, CA.
1988	Summer associate, Ennis, Friedman & Bersoff, Washington, DC.
1987	Summer associate, American Civil Liberties Union, National Legislative Office, Washington, DC.
1986	Summer staff, Law Offices of Parmet & Parmet, Woodbury, NY.
1985	Consultant, Playboy Enterprises, Legal Department, Chicago, IL.
1984	Intern, Office of the District Attorney, Suffolk County, NY.

Appointed and Advisory Positions

2006-Present	Member, US Secretary of State’s Advisory Committee on International Law.
2006-2008	Chief Counsel to the Office of the Chief Defense Counsel, Office of Military Commissions, US Department of Defense.
2007	Consultant, Brief for the Petitioners, in Boumediene v. Bush, US Supreme Court, Docket No. 06-1195 (concerning habeas corpus rights of detainees at Guantanamo Bay).
2006	Consultant to the Defense in US v. Charles Taylor, Jr. (concerning charges of torture during the presidency of Charles Taylor, Sr. in Liberia).
2005–2006	Advisor to the Office of the Chief Defense Counsel, Office of Military Commissions, US Department of Defense.
1999-2004	Consultant to the US State Department, Office of War Crimes Issues.
2005	Advisor to the Special Prosecutor, Republic of Serbia.
2005	Co-counsel on cases before the European Court of Human Rights and the UN Human Rights Committee.
2002-2004	Senior Legal Counsel, Office of the Prosecutor, Special Court for Sierra Leone.
2001	Advisor, Specialized Training Seminar on International Humanitarian Law, Belgrade, Serbia.
1999	Chair, The Legality of the NATO Action in Kosovo, New York Session of the Independent International Commission on Kosovo.
1997	Special Consultant to the US Secretary of the Army.
1996-1997	Convenor, Consultation of the Government of Rwanda with the South African Truth and Reconciliation Commission concerning prosecution, peace, and amnesty.
1995-1997	Advisor on Justice to the President of Rwanda.
1996	Consultant and Adjunct Faculty Member, US Naval Justice School, Newport, RI.

Briefs, Briefings and Testimony

2008	Affidavit, Expert Opinion of Professor Madeline Morris, filed by the defense as Attachment A to the Defense Motionto Dismiss for Failure to State an Offense and for Lack of Subject Matter Jurisdiction, in U.S. v. Jawad, US Military Commission at US Naval Station, Guantanamo Bay.
2007	Brief of Amicus Curiae Professor Madeline Morris et al., in US v. Hamdan, US Military Commission at US Naval Station, Guantanamo Bay.
2007	Amicus Curiae Response to the Prosecution Reply, in US v. Khadr, Case No. 07-001, US Court of Military Commissions Review.
2007	Brief of Amicus Curiae Professor Madeline Morris et al., in US v. Khadr, Case No. 07-001, US Court of Military Commissions Review.
2007	Presentation to the US Secretary of State’s Advisory Committee on International Law concerning preventive detention in counterterrorism.
2006	Testimony before the US Senate Committee on Foreign Relations concerning US ratification of proposed extradition treaty with the United Kingdom, Washington, DC, July 21, 2006.
2004	Briefing to the US Under Secretary of State for Arms Control and International Security on national-level war crimes prosecutions in Serbia.
2003	Briefing to the US Under Secretary of State for Arms Control and International Security on the Special Court for Sierra Leone.
2002	Briefing to the US National Security Council Director for Democracy, Human Rights, and International Operations on international criminal jurisdiction.
2002	Briefing to the US State Department Senior Negotiator for Base Access and Burden Sharing on negotiation of international agreements under Article 98 of the Rome Statute for an International Criminal Court.
2001	Expert Witness, US v. Saavedra, on criminal jurisdiction over international drug trafficking under international law.
1997	Briefing to the Special Assistant to the President and Senior Director for African Affairs, US National Security Council, on post-genocide judicial processes in Rwanda.
1996	Briefing to the Office of the US Permanent Representative to the United Nations, US Department of State, on post-genocide legislation in Rwanda.

Working Groups and Advisory Boards

1994-2008	Advisory Board, Duke Center on Law, Ethics, and National Security.
2006	Working Group on “The US Military and the International Criminal Court: Issues and Implications,” Henry L. Stimson Center, Washington, DC.
2005	Grant Review Panel, United States Institute of Peace, Washington, DC.
2005	Working Group on “International Law, Politics, and Organizations,” Boalt Hall Law School, Berkeley, CA.
2004-2006	Advisory Board, Project on US Attitudes and Practices Towards International Courts and Tribunals, Center on International Cooperation, New York University.
2001-2006	Advisory Board, American Bar Association, Central and East European Law Initiative.
2004-2005	“Iraq Working Group on International Humanitarian Law,” convened by the Hoover Institution, Stanford University and the Washington College of Law, American University, Washington, DC.

Publications

Terror and Tyranny: Preventive Detention in the Age of Jihad (forthcoming, Oxford University Press).
Taking Liberties: The Personal Jurisdiction of Military Commissions, ___ SSRN ___ (forthcoming 2008).
The Status of Combatants, First Annual Edward Wise Memorial Symposium, Wayne State L. Rev. (forthcoming 2008).
“Guantanamo: POW Status is Crucial to US,” OpEd, Raleigh Chronicle, June 10, 2007.
International Humanitarian Law: State Collusion and the Conundrum of Jurisdiction, in International Law and International Relations: Bridging Theory and Practice (T.J. Biersteker et al. eds., 2007).
Terrorism and the Laws of War, 5 Chicago Journal of International Law (2005).
Foreign Relations: The United States, Europe, and the International Criminal Court (2004) (monograph published by the Foundation of the Institute of Public Affairs, sponsored by the German Marshall Fund).
Arresting Terrorism: Criminal Jurisdiction and International Relations, in Enforcing Norms Against Terrorism (Andrea Bianchi ed., 2004).
Terrorism and Unilateralism: Criminal Jurisdiction and International Relations, 36 Cornell International Law Journal 473 (2004) (symposium).
The Law of Genocide: Content and Connotation, 35 CWR Journal of International Law 205 (2004) (symposium).
Democracy, Global Governance and International Criminal Law, in From Sovereign Impunity to International Accountability (Thakur & Malcontent eds., 2004).
Democracy, International Relations, and the Enforcement of International Criminal Law, XII Finnish Yearbook of International Law (2004) (symposium).
Genocide, Politics, and Polity, 35 Case Western Reserve Law Review 205-211 (2003).
Prosecuting Terrorism: The Quandaries of Criminal Jurisdiction and International Relations 133, in Terrorism and the Military (Wybo Herre ed., 2003).
“Judgment Without Democracy,” OpEd, Washington Post, July 24, 2002.
“The Democratic Defect of the International Criminal Court,” in Newsletter of the UN High Commissioner for Human Rights, Issue 23, July 25, 2002.
The Democratic Dilemma of the International Criminal Court, 5 Buffalo Criminal Law Review 591 (2002) (symposium).
Being Particular about Universal Jurisdiction: The Yerodia Decision of the International Court of Justice, 58 Egyptian Journal of International Law 9 (2002).
Lacking a Leviathan: The Quandaries of Peace and Accountability, in Post-Conflict Justice (Cherif Bassiouni ed., 2002).
Universal Jurisdiction in a Divided World, 35 New England Law Review 337 (2001) (symposium).
Foreword: The United States and the International Criminal Court, 64 Law & Contemporary Problems 1 (2001).
High Crimes and Misconceptions: The ICC and Non-Party States, 64 Law & Contemporary Problems 13 (2001). This article also appears in modified form as a chapter in International Crimes, Peace and Human Rights: the Role of the International Criminal Court (Dinah Shelton ed., 2000). Complementarity and Its Discontents: The Complex Constituencies of the International Criminal Court, in International Crimes, Peace and Human Rights: the Role of the International Criminal Court (Dinah Shelton ed., 2000).
In War and Peace: Rape, War, and Military Culture, in War's Dirty Secret (Anne Barstow ed., 2000).
The Jurisdiction of the International Criminal Court Over Nationals of Non-party States, 6 ILSA Journal of International and Comparative Law 363 (2000).
Few Reservations About Reservations: United States Participation in Human Rights Treaties, 1 Chicago Journal of International Law 341 (2000).
Complementarity and Conflict: States, Victims, and the International Criminal Court, in National Security and International Law: The United States And the International Criminal Court (Carl Kaysen et al. eds., 2000).
In War and Peace: Incidence and Implications of Rape by Military Personnel, in Beyond Zero Tolerance: Discrimination in Military Culture (Mary Katzenstein & Judith Reppy eds., 1999).
Rape by Military Personnel, in The Oxford Companion to American Military History (1998).
Justice After Genocide: Rwanda, in War Crimes: The Legacy of Nuremberg (Belinda Cooper ed., 1998).
Facilitating Accountability: International Guidelines Against Impunity, 4 ILSA Journal of International and Comparative Law 401 (1998) (symposium).
Justice in Cataclysm: Symposium Preface, 7 Duke Journal of Comparative and International Law 1 (1997).
The Trials of Concurrent Jurisdiction: The Case of Rwanda, 7 Duke Journal of Comparative and International Law 349 (1997) (symposium); reprinted in International Criminal Law (M. Cherif Bassiouni ed., 2d ed. 1998), and in American Diplomacy (Jan.-March 1998) (http://www.unc.edu/depts/diplomat).
Justice in the Wake of Genocide: The Case of Rwanda, 3 ILSA Journal of International and Comparative Law 689 (1997) (symposium).
“The Rape Differential,” OpEd, Washington Post, Nov. 20, 1996, p. A19. International Guidelines Against Impunity: Facilitating Accountability, 59 Law and Contemporary Problems 29 (1996), reprinted in Nouvelles Etudes Pénales (1998).
Accountability for International Crimes and Serious Violations of Fundamental Human Rights: Symposium Foreword, 59 Law and Contemporary Problems 1 (1996).
By Force of Arms: Rape, War, and Military Culture, 45 Duke Law Journal 651 (1996).
Statement of Professor Madeline Morris on the Amendment to the National Defense Authorization Act of 1994 to Establish Within the Office of the Secretary of Defense the Position of Director of Special Investigations, 140 Cong. Rec., S8164 (July 1, 1994).
The Structure of Entitlements, 78 Cornell Law Review 822 (1993).
Advice and Consent: The Senate's Role in the Confirmation Process. Co-authored with Walter Dellinger. Encyclopedia of the American Constitution 10 (Supp. I 1991).
The Grammar of Advice and Consent: Senate Confirmation of Supreme Court Nominees, 38 Drake Law Review 863 (1989).
Stereotypic Alchemy: Transformative Stereotypes and Antidiscrimination Law, 7 Yale Law & Policy Review 251 (1989).

Papers Presented

“Preventive Detention in the Age of Jihad.” Presented at the conference, “The Rules of War in the 21st Century,” convened by the Carnegie Council on Ethics & International Affairs and the Blumenfeld Center for Ethics, Georgia State University, Atlanta, GA, October 27, 2007.
“The Fifth Column: War, Crime, and Terror.” Presented at the first annual Edward Wise Memorial Symposium, on “Rethinking Legal Approaches to Terrorism and Mass Atrocity,” Wayne State University Law School, Detroit, MI, March 26, 2007.
“The Vacuum in Counterterrorism Law.” Presented at the Faculty Workshop, Wayne State University Law School, Detroit, MI, March 26, 2007.
“US Military Commissions: Without Judgment.” Presented at the conference, “Jurisprudence and the War on Terror,” Columbia Law School, April 22, 2006.
“Guantanamo: Law and the Enemy.” Presented at the symposium, “Military Commission Trial Practices: Effects on Due Process and National Security,” Boston University Law School, April 14, 2006.
“Guantanamo: POWs, Terrorists, and Enemies.” Presented to the Faculty Workshop, Law School of the College of William & Mary, Williamsburg, VA, March 29, 2006.
“The Unbearable Lightness of Tribunals: The Fatal Flaw of International Criminal Courts.” Presented at the conference, “Sharpening the Cutting Edge of International Human Rights Law: Unresolved Issues of War Crimes Tribunals,” Boston College School of Law, March 24, 2006.
“War, Terror, and Reading the Law.” Presented at International Law Weekend, American Branch of the International Law Students Association, New York, NY, October 21, 2005.
“Judgment, Justice, and Jurisdiction.” Human Rights Lecture Series, Law School of the College of William & Mary, Williamsburg, VA, March 29, 2005.
“The Added Value of Mixed Tribunals.” Presented at the conference, “International Criminal Justice: A Transatlantic Dialogue,” convened by the Katholieke Universiteit Leuven Faculty of Law, Brussels, Belgium, May 7-8, 2004.
“Europe, the United States, and the International Criminal Court.” Presented at the seminar, “International Security and Human Rights,” convened by the Institute of Public Affairs and the German Marshall Fund, Warsaw, Poland, March 26, 2004.
“Universalism, Unilateralism, and the Politics of Atrocity.” Presented at the conference, “Post-Conflict Justice: From Malmédy to Halabja,” convened by the University of Idaho School of Law, Coeur d’Alene, ID, March 18-20, 2004.
“International Humanitarian Law: State Collusion and the Conundrum of Jurisdiction.” Presented at the “Workshop on International Criminal Accountability,” convened by the Social Science Research Council, Program on Global Security and Cooperation, Washington DC , November 6-7, 2003.
“Official Acts: Influence, Accountability, and International Criminal Jurisdiction.” Presented at the conference, “The International Criminal Court Five Years after Rome,” convened by the American Enterprise Institute, Washington DC, November 3, 2003.
“State Collusion and the Conundrum of Jurisdiction.” Presented at the Graduate Institute of International Studies, Geneva, Switzerland, May 26, 2003.
“International Relations and International Jurisdiction: Conflicts and Confluence.” Presented at the University of Geneva Faculty of Law, May 25, 2003.
“Judgment and the Assertion of Power: The Jurisdiction of the International Criminal Court.” Presented at the conference, “Sovereignty and Intervention,” convened by Tufts University, Boston, MA, February 27-March 2, 2003.
“The Law of Genocide: Content and Connotation.” Presented at the conference, "The Role of Justice in Building Peace," convened by the Case Western Reserve University, Cleveland, OH, February 28, 2003.
“Prosecuting Terrorism: The Quandaries of Criminal Jurisdiction and International Relations.” Presented at the conference, “Terrorism and the Military: International Legal Implications,” convened by the International Society for Military Law and the Law of War, The Hague, The Netherlands, November 14-15, 2002.
“Democratic Governance versus International Criminal Justice: The Dilemma of the International Criminal Court.” Presented at the United Nations Office of the High Commissioner for Human Rights, Geneva, Switzerland, June 7, 2002.
“The Democratic Deficit of the International Criminal Court.” Presented at the Faculty of Law, University of Geneva, Geneva, Switzerland, June 6, 2002.
“The Democratic Dilemma of the International Criminal Court.” Presented at the Graduate Institute for International Studies, Geneva, Switzerland, June 4, 2002.
“The Disturbing Democratic Defect of the International Criminal Court.” Presented at the Annual Meetings of the Law and Society Association, Vancouver, Canada, May 30, 2002.
“Universal Jurisdiction in a Divided World: Implications of the Yerodia Decision of the International Court of Justice.” Presented at the Egyptian Society of International Law, Cairo, Egypt, April 8, 2002.
“The Democratic Dilemma of the International Criminal Court.” Presented at the Al-Ahram Center for Political and Strategic Studies, Cairo, Egypt, April 4, 2002.
“The International Criminal Court: Problems and Prospects.” Presented at the Political Science Seminar of the American University, Cairo, Egypt, April 3, 2002.
“The Democratic Dilemma of International Criminal Law.” Presented at the conference, “Combating Impunity: Stakes and Perspectives,” convened by the Belgian Ministry of Foreign Affairs and the Coalition for the International Criminal Court, Brussels, Belgium, March 11-13, 2002.
“Democracy, War Crimes, and the Role of the State.” Presented at the conference, “From a Culture of Impunity to a Culture of Accountability,” convened by the United Nations University, Tokyo and the Netherlands Institute of Human Rights, Utrecht University, Nov. 26-28, 2001.
“High Crimes and Misconceptions: The ICC and Non-Party States.” Presented at the Boalt Hall International Law and Politics Workshop, Berkeley, CA, Feb. 8, 2001.
“Being Particular About Universal Jurisdiction.” Presented at the symposium, “Frontiers of Jurisdiction,” convened by the University of Chicago Legal Forum, Chicago, IL, Nov. 10-11, 2000.
“Universal Jurisdiction in a Divided World.” Presented at the conference, “Universal Jurisdiction: Myths, Realities, and Prospects,” convened by the New England School of Law Center for International Law and Policy, Boston, MA, Nov. 3, 2000.
“In the Interests of Justice: The Purposes and Beneficiaries of International Criminal Law.” Presented at International Law Weekend, convened by the American Branch of the International Law Association, New York, NY, Oct. 27, 2000.
“The United States and the International Criminal Court.” Presented at the Annual Meetings of the American Bar Association, London, England, July 19, 2000.
“Few Reservations About Reservations: United States Participation in Human Rights Treaties.” Presented at the conference, “Global Governance and American Sovereignty,” convened by the American Enterprise Institute, Washington, DC, April 4-6, 2000.
“High Crimes and Misconceptions: ICC Jurisdiction Over Non-Party Nationals.” Presented at the International Criminal Court Working Group Meeting, convened at Duke Law School, Durham, NC, Nov. 19-20, 1999.
“Rwandan Justice and the International Criminal Court.” Presented at International Law Weekend, convened by the American Branch of the International Law Association, New York, NY, Nov. 5, 1999.
“NATO in Kosovo: The Legality of Armed Humanitarian Intervention.” Presented to the International Commission on Kosovo, New York, NY, October 23, 1999.
“ICC Jurisdiction Over Non-Party Nationals.” Presented at the conference, “The United States and the International Criminal Court: Which Way from Here?,” convened by the Duke Center on Law, Ethics, and National Security, Durham, NC, April 8-9, 1999.
“The Jurisdiction of the ICC.” Presented at the conference, “The Permanent International Criminal Court: Will It Make a Difference for Peace and Human Rights?,” convened by the Center for Civil and Human Rights of the Notre Dame Law School, South Bend, IN, March 19-20, 1999.
“Victims, States, and the ICC.” Presented at the Lectures in International Law Series of the Notre Dame School of Law, South Bend, IN, Feb. 11, 1999.
“Complementarity and Its Discontents: States, Victims, and the International Criminal Court.” Presented at the conference, “National Security and International Law: The United States and the International Criminal Court,” convened by the American Academy of Arts and Sciences, Chicago, IL, Jan. 28-29, 1999.
“Complementarity and Conflict: The Complex Constituencies of the International Criminal Court.” Presented at International Law Weekend, convened by the American Branch of the International Law Association, New York, NY, Nov. 12-14, 1998.
“Factors Determining the Current and Future Posture of Rwandan National Justice.” Presented at a Meeting of Experts on Post-Conflict Justice convened by European Parliamentarians for Africa, New York, NY, Nov. 6-7, 1998.
“Prospects for International Guidelines on Accountability for Genocide, War Crimes and Crimes Against Humanity.” Presented at the conference, “Accountability for International Crimes and Serious Violations of Fundamental Human Rights,” convened by the International Institute of Higher Studies in Criminal Sciences, Siracusa, Italy, Sept. 17-21, 1997.
“Prospects for the Development of Guidelines Against Impunity for International Crimes.” Presented at the conference, “Eliminating Impunity for International Crimes and Serious Violations of Human Rights,” convened by the U.S. Holocaust Museum and the DePaul University International Human Rights Law Institute, Washington DC, April 13, 1997.
“Rape, War and Military Culture.” Presented at the conference, “Military Policy, Military Culture,” convened by Cornell University Peace Studies Program, Baltimore, MD, April 4-6, 1997.
“Justice After Genocide: The Case of Rwanda.” Presented at the Dickinson Scholar Series, Dickinson School of Law, Carlisle, PA, March 7, 1997.
“Justice in the Wake of Genocide: National and International Tribunals in Rwanda.” Presented at the International Law Weekend meetings, sponsored by the American Branch of the International Law Association, New York, NY, Nov. 1-2, 1996.
“The Trials of Concurrent Jurisdiction: National and International Prosecution of Crimes Against Humanity.” Presented at the conference, “Justice in Cataclysm: Criminal Tribunals in the Wake of Mass Violence,” convened by Duke Law School in conjunction with the Office of the Prosecutor, International Criminal Tribunals for the former Yugoslavia and Rwanda, July 19-21, 1996, Brussels, Belgium. “National and International Prosecution of Crimes Against Humanity.” Presented at the Law Review Lecture Series, Wake Forest Law School, Winston-Salem, NC, Jan. 23, 1996.
“Prosecution of Crimes of Mass Violence.” Presented at the International Journalists Program of the DeWitt Wallace Center for Communications and Journalism, Duke University, Durham, NC, Feb. 29, 1996.
“Prosecuting Crimes of Mass Violence: Criminal Justice in National and International Fora.” Presented at the 1996 meetings of the American Association of Law Schools, San Antonio, TX, joint session of the Criminal Law and International Law Sections.
“Approaches to Criminal Justice in Rwanda.” Presented at the conference, “Genocide, Impunity, and Accountability,” convened by the Office of the President of Rwanda, Nov. 1-5, 1995, Kigali, Rwanda.
“Violent Crime in Military Organizations.” Presented at the April 1994 Colloquium of the University of Georgia Humanities Center, Athens, GA, April 27, 1994.
“Gender Analyses in the Study of War.” Presented at the April 1994 meeting of the Triangle Universities Security Seminar, Raleigh, NC, April 13, 1994.
“Rape in War.” Presented at the 1993 Meetings of the International Society for the Study of Post Traumatic Stress Disorder, San Antonio, Texas.
“Rape, War, and Military Culture.” Presented at the 1993 Rockefeller Foundation Conference on Gender and War, Bellagio, Italy.
“Rape in War.” Presented at the May 1993 meeting of the Kyoto Feminist Studies Colloquium, Kyoto, Japan.
“A Component Theory of Entitlements.” Presented at the October 1992 meeting of the University of Georgia Law School Faculty Workshop, Athens, GA.

Education

Hague Academy of International Law, Certificate in Public International Law, 1995.
Yale Law School, J.D., 1989
Yale University, B.A., 1986.
University of Copenhagen, Junior Semester Abroad, 1983.
State University of New York at Stony Brook, September 1981 - May 1983 (transferred to Yale University in 1984).

Academic Honors

Senior Editor, Yale Law Journal, 1988-89.
Summa cum laude, Yale College, 1986.
Phi Beta Kappa, Yale College, 1986.
Distinction in the Major, Yale College, 1986.