PODCAST: Balancing Security and Individual Rights in the Fight Against Terror

Lessons from the US and Israel

PODCAST: Balancing Security and Individual Rights in the Fight Against Terror

 

About the Talk

A panel of Israeli and American legal and public policy experts explore some of the critical and topical issues facing democracies in the “war on terror,” including civil and human rights concerns in identifying potential terrorist threats and in the treatment of terror suspects under the law.

Fighting terrorism frequently necessitates engaging entities and organizations that operate outside of conventional national boundaries, and that infringe on the sovereignty of independent states, their citizens, and their security forces. One of the most complicated issues in this situation is to find and create effective legal measures for fighting terrorism, which must be valid under the laws of each country, while the same time protecting human and civil rights. The challenge is to create the legal norms that reasonably balance these conflicting needs and goals.

 

About the Speakers

Dvorah Chen is former director of the Department of Security Matters and Special Affairs for the State Attorney’s Office, Israel Ministry of Justice. She currently heads her own law office in Ramat Gan, Israel, specializing in Criminal Law, Defense and Homeland Security issues. Chen began her legal career in the Criminal Division of the Tel Aviv District Attorney’s Office in 1976 where she rose from the position of a newly qualified prosecutor to the second in command to the District Attorney. From 1996-2004, she served as Director of the Department of Security Matters and Special Affairs for the State Attorney’s Office in Israel’s Ministry of Justice. She is a Research Fellow at the Institute for Counter-Terrorism (ICT) at the Interdisciplinary Center (IDC) in Herzliya, and was a visiting Research Fellow at the Washington Institute for Near East Policy in Washington D.C in 2007. She served in other public positions, such as: Director, The Israel Electric Corp. Board (2010 – 2013); Commissioner, the Board of Governors of the Israel Securities Authority (2007-2009); Member of the Prime Minister’s Advisory Committee on the Protection of Public Figures (2009-2011); and creator and emcee of a television program on the Knesset Channel dealing with legal issues (2007-2012). She has lectured regularly on legal aspects of the State National Security. Dvorah Chen holds an M.A in Public Administration from the University of Haifa, and an L.L.B from the School of Law, Tel Aviv University.

Adam Klein
is a Visiting Fellow at the Center for a New American Security and a Council on Foreign Relations International Affairs Fellow. His research focuses on the intersection of national security policy and law. He is currently heading CNAS' recently-launched surveillance policy initiative. Before coming to CNAS, Mr. Klein was a Senior Associate at Wilmer Cutler Pickering Hale and Dorr LLP. He previously served as a law clerk to Justice Antonin Scalia of the United States Supreme Court and Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. Before attending law school, Mr. Klein worked on national security policy at the RAND Corporation and the 9/11 Public Discourse Project, the nonprofit successor to the 9/11 Commission. He began his career as a legislative assistant in the office of U.S. Representative C.W. “Bill” Young. From 2006-2007, Mr. Klein was a Robert Bosch Foundation Fellow in Berlin.

Michael Nacht
holds the Thomas and Alison Schneider Chair in Public Policy at the UC Berkeley Goldman School of Public Policy. From 1998-2008 he was Aaron Wildavsky Dean of the Goldman School. He is a specialist in U.S. national security policy; science, technology and public policy; and management strategies for complex organizations.
Nacht is the author or co-author of six books and more than eighty articles and book chapters on nuclear weapons policy; regional security issues affecting Russia and China, the Middle East and East Asia; cyber and space policy; counter-terrorism and homeland security; international education; and public management. He recently co-edited and co-authored Strategic Latency and World Power: How Technology Is Changing Our Concepts of Security published by the Lawrence Livermore National Laboratory Center for Global Security Research.

Nacht served as Assistant Secretary of Defense for Global Strategic Affairs (2009-2010), after unanimous U.S. Senate confirmation, for which he received the Distinguished Public Service Award, the Department’s highest civilian honor. Previously, he was Assistant Director for Strategic and Eurasian Affairs of the U.S. Arms Control and Disarmament Agency (1994-97), during which time he participated in five Presidential summits, four with Russian President Yeltsin and one with Chinese President Jiang Zemin.

Norman Abrams (Moderator) is UCLA Acting Chancellor Emeritus and Distinguished Professor of Law Emeritus. He continues to teach and write in the areas of anti-terrorism law, federal criminal law and evidence. The fifth edition of Abrams' groundbreaking casebook on federal criminal law, Federal Criminal Law and Its Enforcement(with Beale and Klein), was published in 2010. Another of his books, Anti-Terrorism and Criminal Enforcement, (4th edition, 2012), is the first casebook to deal comprehensively with the rapidly evolving field of anti-terrorism law and the criminal enforcement process. He is also a co-author of Evidence - Cases and Materials (with Judge Jack B. Weinstein, et al.). Over his long career, he has written on many subjects, including prosecutorial discretion, federal jurisdiction, conspiracy law, evidentiary privileges and, more recently, anti-terrorism. A native of Chicago, Abrams holds A.B. (1952) and J.D. (1955) degrees from the University of Chicago. He has taught as a visiting professor at Stanford University Law School, UC Berkeley Law School, the Hebrew University Faculty of Law, Bar-Ilan School of Law, University of Southern California Law School and Loyola University (Los Angeles) School of Law.

 

Co-sponsored by the UCLA Burkle Center for International Relations and the UCLA School of Law, International and Comparative Law Program

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Duration: 01:30:57