Evan Wallach

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Evan Jonathan Wallach
Circuit Judge Wallach.jpg
Judge of the United States Court of Appeals for the Federal Circuit
Assumed office
November 18, 2011
Appointed by Barack Obama
Preceded by Arthur J. 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 D. Re
Succeeded by Claire R. Kelly
Personal details
Born Evan Jonathan Wallach
(1949-11-11) November 11, 1949 (age 68)
Superior, Arizona
Education Diablo Valley College
University of Arizona (B.A.)
University of California, Berkeley (J.D.)
Hughes Hall, Cambridge (LL.B.)
The Judge Advocate General's Legal Center and School
Military service
Allegiance  United States
Service/branch  United States Army
Years of service 1969–1971
1989–1995
Rank US-O4 insignia.svg Major
Unit Nevada National Guard
Battles/wars Vietnam War
Awards Bronze Star Medal ribbon.svg Bronze Star
Air Medal ribbon.svg Air Medal
Meritorious Service Medal ribbon.svg Meritorious Service Medal (2)
Nevada Medal of Merit
Vietnam Campaign Medal ribbon with 60- clasp.svg Vietnam Campaign Medal (3 battle stars)
Vietnam Gallantry Cross, with palm.svg Gallantry Cross with Palm

Evan Jonathan Wallach (born November 11, 1949) is an American lawyer and United States Circuit Judge of the United States Court of Appeals for the Federal Circuit. A former United States 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 born in Superior, Arizona, the son of Albert Wallach, a millworker at the Magma Copper Company, and Sara Wallach, a local artist who helped run the local library and Little Theater group. Wallach was decorated for his service in the United States Army during the Vietnam War, and received a Bachelor of Arts degree at the University of Arizona in 1973, followed by a Juris Doctor at the University of California Berkeley in 1976.[3] Wallach joined the firm of Lionel Sawyer & Collins in Las Vegas, Nevada, as an associate, in 1976.[3] He received a Bachelor of Laws with honors in International Law from the University of Cambridge in 1981.[3] He became a partner at Lionel Sawyer & Collins in 1982, remaining in that position until 1995.[3] He was able to take a leaves from the firm to continue providing service to the U.S. military.[3] Wallach 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 to 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.[4] 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.

From 1997 to 2011 he was an adjunct professor in Law of War at both New York Law School and Brooklyn Law School. From 2001 to 2012 he was a visiting professor in Law of War at the University of Münster. Since 2012 he has been an adjunct professor at the George Washington University Law School and currently teaches a course called "The Law Governing Fully Autonomous Fighting Vehicles."

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".[5] He is also a member of the American Law Institute and the Council on Foreign Relations.

Judicial service[edit]

On June 27, 1995, President Clinton nominated Wallach to serve as a United States Judge of 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.[3] President Obama nominated him on July 28, 2011 to serve on the United States Court of Appeals for the Federal Circuit.[6][3] 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.[7] He received his commission on November 18, 2011.[8]

Publications[edit]

Wallach has had articles published both in mainstream media and legal journals, and has been widely cited in the media.[9][10] Some of these include:

  • Outline of the law of war.[11]
  • Waterboarding Used to Be a Crime.[4]
  • Afghanistan, Quirin, and Uchiyama: Does the Sauce Suit the Gander?[12]
  • 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.[13]
  • The Procedural and Evidentiary Rules of the Post World War II War Crimes Trials: Did They Provide an Outline for International Legal Procedure?[14]
  • Drop by Drop: Forgetting the History of Water Torture in U.S. Courts.[15]
  • A Tiny Problem With Huge Implications - Nanotech Agents as Enablers or Substitutes for Banned Chemical Weapons: Is a New Treaty Needed?[16]
  • Pray Fire First Gentlemen of France: Has 21st Century Chivalry Been Subsumed by Humanitarian Law?[17]
  • The Economic Calculus of Fielding Autonomous Fighting Vehicles Compliant with the Laws of Armed Conflict.[18]

He is also the author of "Jake and Me," a coming of age novel about a young man in the 1920s Arizona mountains.[19]

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 c d e f g Joint Committee on Printing, Official Congressional Directory, 2013-2014 (February 2014), p. 863-64.
  4. ^ a b Evan Wallach (2007-11-02). "Waterboarding Used to Be a Crime". Washington Post. 
  5. ^ "Who We Are". International Law of War Association. 
  6. ^ "President Obama Nominates Judge Evan Jonathan Wallach to the United States Court of Appeals for the Federal Circuit". 28 July 2011. 
  7. ^ "U.S. Senate: U.S. Senate Roll Call Votes 112th Congress - 1st Session". 
  8. ^ "Wallach, Evan Jonathan - Federal Judicial Center". www.fjc.gov. 
  9. ^ Robyn Blumner (2006-10-21). "Law allows torture, even if Bush doesn't call it that". Milwaukee Journal Sentinel. 
  10. ^ Joan Walsh (2007-11-04). "When waterboarding was a crime". Salon. 
  11. ^ Evan Wallach. "Interactive Outline Of The Law Of War". International Law of War Association. 
  12. ^ Evan J. Wallach (2003). "Afghanistan, Quirin, and Uchiyama: Does the Sauce Suit the Gander?" (PDF). The Army Lawyer. 
  13. ^ 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. 
  14. ^ 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. 
  15. ^ 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). 
  16. ^ Wallach, Evan (2011). "A Tiny Problem with Huge Implications - Nanotech Agents as Enablers or Substitutes for Banned Chemical Weapons: Is a New Treaty Needed?". Fordham International Law Journal. 33 (3). 
  17. ^ Evan, Wallach (2013). "Pray Fire First Gentlemen of France: Has 21st Century Chivalry Been Subsumed by Humanitarian Law?" (PDF). Harvard National Security Journal. 3: 431–469. 
  18. ^ Evan Wallach and Erik Thomas (2016). "The Economic Calculus of Fielding Autonomous Fighting Vehicles Compliant with the Laws of Armed Conflict". Yale Journal of Law & Technology. 18: 1–25. 
  19. ^ "Jake and Me". 

External links[edit]

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