Evan Wallach

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Evan Wallach
Judge of the United States Court of Appeals for the Federal Circuit
Incumbent
Assumed office
November 18, 2011
Appointed by Barack Obama
Preceded by Arthur Gajarsa
Judge of the United States Court of International Trade
In office
August 14, 1995 – November 18, 2011
Appointed by Bill Clinton
Preceded by Edward Re
Succeeded by Claire Kelly
Personal details
Born (1949-11-11) November 11, 1949 (age 65)
Superior, Arizona, U.S.
Alma mater Diablo Valley College
University of Arizona
University of California, Berkeley
University of Cambridge
University of Virginia
Military service
Allegiance  United States
Service/branch United States Army
Years of service 1969–1971
1989–1995
Rank Major
Unit Nevada National Guard
Battles/wars Vietnam War
Awards Bronze Star
Air Medal
Meritorious Service Medal (2)
Nevada Medal of Merit
Vietnam Campaign Medal (3 battle stars)
Gallantry Cross with Palm

Evan Jonathan Wallach (born 1949) is an American lawyer and judge of the United States Court of Appeals for the Federal Circuit. A former judge of the United States Court of International Trade, he is one of the nation's foremost experts on war crimes and the law of war.[1][2]

Early life, education, and career[edit]

Wallach was decorated for his service during the Vietnam War, and received a Bachelor of Arts at the University of Arizona in 1973, followed by a Juris Doctor at the University of California Berkeley in 1976. He received a Bachelor of Laws with honors in International Law from University of Cambridge in 1981. Wallach also served in the United States Army Judge Advocate General's Corps in the International Affairs Division of the Office of TJAG at The Pentagon during the Gulf War, where he assisted in advising on the law of war and investigating war crimes allegedly committed by Iraqi leaders. He has taken JAG Officer's Basic and Advanced Courses.

Law of war[edit]

As an adjunct law professor Wallach specialises in the law of war. From 1989 - 1995 he served as Judge Advocate General in the Nevada Army National Guard, with the rank of major. His responsibilities included giving annual lectures to Military Police regarding their legal obligations on treatment of prisoners.[3] During the Gulf War he served at the Pentagon in the International Affairs Division of the Office of The Judge Advocate of the Army, where he assisted in advising on the law of war and investigating war crimes allegedly committed by Iraqi leaders.

Since 1997 he has been adjunct professor in Law of War at both New York Law School and Brooklyn Law School. Since 2001 he has been a visiting professor in Law of War at the University of Münster.

Wallach is a member of the International Law of War Association, which is a "loose confederation of military lawyers, academics, and government officials including members of the judiciary, who are interested in the advancement of a legal regime to ameliorate suffering and for the regulation of the use of armed force in armed conflicts".[4]

Judicial service[edit]

On June 27, 1995, President Clinton nominated Wallach to serve as a Judge for the United States Court of International Trade, to the seat vacated by Judge Edward D. Re. He was confirmed by the Senate on August 11, 1995, and received his commission on August 14, 1995, serving on that court until his elevation to the Federal Circuit. President Obama nominated him on July 28, 2011 to serve on the United States Court of Appeals for the Federal Circuit.[5] His nomination was reported out of the Senate Judiciary Committee on October 6, 2011, by voice vote. On November 8, 2011, his nomination was confirmed by the Senate by a vote of 99 ayes to 0 nays.[6] He received his commission on November 18, 2011.[7]

Publications[edit]

Wallach has had articles published both in mainstream media and legal journals, and has been widely cited in the media.[8][9] Some of these include:

  • Outline of the law of war.[10]
  • Waterboarding Used to Be a Crime.[3]
  • Afghanistan, Quirin, and Uchiyama: Does the Sauce Suit the Gander?[11]
  • The Logical Nexus Between The Decision To Deny Application of The Third Geneva Convention To The Taliban and al Qaeda, and the Mistreatment of Prisoners in Abu Ghraib.[12]
  • The Procedural and Evidentiary Rules of the Post World War II War Crimes Trials: Did They Provide an Outline for International Legal Procedure?[13]
  • Drop by Drop: Forgetting the History of Water Torture in U.S. Courts.[14]

References[edit]

  1. ^ "Judge Evan Wallach". National Endowment for the Arts. 
  2. ^ "Judge Evan J. Wallach". United States Court of International Trade. 2007-09-04. 
  3. ^ a b Evan Wallach (2007-11-02). "Waterboarding Used to Be a Crime". Washington Post. 
  4. ^ "Who We Are". International Law of War Association. 
  5. ^ http://www.whitehouse.gov/the-press-office/2011/07/28/president-obama-nominates-judge-evan-jonathan-wallach-united-states-cour
  6. ^ Senate Vote Record
  7. ^ Biographical Directory of Federal Judges
  8. ^ Robyn Blumner (2006-10-21). "Law allows torture, even if Bush doesn't call it that". Milwaukee Journal Sentinel. 
  9. ^ Joan Walsh (2007-11-04). "When waterboarding was a crime". Salon. 
  10. ^ Evan Wallach. "Interactive Outline Of The Law Of War". International Law of War Association. 
  11. ^ Evan J. Wallach (2003). "Afghanistan, Quirin, and Uchiyama: Does the Sauce Suit the Gander?". The Army Lawyer. 
  12. ^ Evan J. Wallach (2005). "The Logical Nexus Between The Decision To Deny Application of The Third Geneva Convention To The Taliban and al Qaeda, and the Mistreatment of Prisoners in Abu Ghraib". Case Western Reserve Journal of International Law 37: 541–638. 
  13. ^ Evan Wallach (1999). "The Procedural and Evidentiary Rules of the Post World War II War Crimes Trials: Did They Provide an Outline for International Legal Procedure?". The Columbia Journal of Transnational Law 37. 
  14. ^ Evan Wallach (2007). "Drop by Drop: Forgetting the History of Water Torture in U.S. Courts" (PDF rough draft). The Columbia Journal of Transnational Law 45 (2). 

External links[edit]

Legal offices
Preceded by
Edward Re
Judge of the United States Court of International Trade
1995–2011
Succeeded by
Claire Kelly
Preceded by
Arthur Gajarsa
Judge of the United States Court of Appeals for the Federal Circuit
2011–present
Incumbent