The Conference
This workshop-style conference is the second in a two-part series addressing the legal and moral complexities of what is commonly referred to as “Grey Zone Conflict.” The first conference was held in Charlottesville, Virginia and hosted by The Judge Advocate General’s Legal Center and School (TJALCS.)
The United States Special Operations Command defines this zone as “a conceptual space between peace and war, occurring when actors purposefully use single or multiple elements of power to achieve political-security objectives with activities that are typically ambiguous or cloud attribution and exceed the threshold of ordinary competition, yet intentionally fall below the level of large-scale direct military conflict.”
While such forms of competition have always occurred, advances in communications and information technology amplify their potential effect, and make possible the simultaneous use of multiple tactics in coordinated campaigns. Such campaigns may result in sudden acquisition of advantage, or they may be gradual and long-term, seeking incremental changes to avoid provocation whose cumulative effect may be to change balances of power.
These operations pose particular challenges because they typically fall between legally accepted forms of competition and legally prohibited armed attacks. The resulting ambiguity creates instability in the international arena because states are uncertain about behavior that will be considered acceptable and responses that will be regarded as justified. The absence of clear legal guidance reflects a deeper failure to determine ethical norms that should govern activity in the grey zone.
This workshop brings together thinkers from various disciplines to map the terrain characterized by hybrid threats in the grey zone. This will involve discussion of the specific types of threats and the issues that they raise, how these threats may be connected to one another, the responses that may be effective in response to them, and the potential for legal and ethical principles to provide greater clarity and structure about what is and is not acceptable behavior.
This conference is by invitation only and closed to the public.
Schedule
Thursday, December 5
PRE-CONFERENCE BOOK TALK — THE LANDS IN BETWEEN: RUSSIA VS THE WEST AND THE NEW POLITICS OF HYBRID WAR BY MITCHELL A. ORENSTEIN
MODERATED BY CLAIRE FINKELSTEIN
5:00 PM to 6:30 PM
Penn Law – Fitts Auditorium
3501 Sansom Street – Lower Level
Reception to follow
Friday, December 6
8:30 am – 9:30 am | Registration and Continental Breakfast |
9:30 am – 9:45 am | Welcoming Remarks by Claire Finkelstein, Mitt Regan and Aurel Sari |
9:45 am – 11:00 am | Session 1: Conceptual FoundationsModerator: Claire FinkelsteinThe Grey Zone and Hybrid Conflict: A Conceptual Introduction Christopher MarshWe Have Met the Grey Zone and It is Us Duncan MacIntoshThe Divide between War and Peace Tobias Vestner |
11:00 am – 11:30 am | Break |
11:30 am – 12:45 pm | Session 2: Making Sense of the Grey ZoneModerator: Michael AdamsThe Grey Zone: An Analytic Framework for Military Overt, Covert, and Paramilitary Lines of Effort Maegen Nix & Welton ChangMeasured Self-Help in the Disinformation Age Steven J. Barela & Samuli HaatajaNon-Intervention 2020 Ido Kilovaty |
12:45 pm – 2:00 pm | Lunch – The White Dog Café – The Living Room. |
2:00 pm – 3:15 pm | Session 3: Tactics in the Grey Zone (1)Moderator: Aurel Sari Neuroscience and Technology in Grey Zone Operations James GiordanoThe Ethics of Acting Covertly Mitt ReganLying in the Grey Zone Steven Wheatley |
3:15 pm – 3:45 pm | Break |
3:45 pm – 5:30 pm | Session 4: Tactics in the Grey Zone (2)Moderator: Todd HuntleyEconomic Measures in the Grey Zone Mitchell OrensteinLawfare Orde KittrieCounter-Lawfare: The Israeli Experience Marlene Mazel |
5:45 pm – 7:00 pm | Reception (Levy Conference Center at Penn Law) |
7:00 pm – 9:00 pm | Participants’ Dinner and Keynote (Levy Conference Center at Penn Law)Deak Roh, Director of Irregular Warfare US Department of Defense |
Saturday, December 7
8:00 am – 9:00 am | Registration and Continental Breakfast |
9:00 am – 10:30 am | Session 5: DomainsModerator: Christopher JacobsInformation Operations Beba CibralicThe Maritime Domain David LettsHybrid Warfare in Outer Space Melissa de Zwart & Dale Stephens |
10:30 am – 10:45 am | Break |
10:45 am – 12:15 pm | Session 6: ResponsesModerator: Mitt ReganAn Ethical Framework for Assessing Grey Zone Responses Ed BarrettWinning at the Seams Michael A. NewtonCompeting in the Legal Domain: Legal Operations Borja Montes ToscanoLegal Resilience Aurel Sari |
12:15 pm – 12:30 pm | Concluding remarks: Aurel Sari & Mitt Regan |
Participants
Executive, Palantir Technologies
Stockdale Center for Professional Leadership, US Naval Academy
Doctoral Student, Doctor of Philosophy, Georgetown University
Partner, Schnader Harrison Segal & Lewis LLP; CERL Executive Board Member
CERL Founder & Faculty Director; Algernon Biddle Professor of Law and Professor of Philosophy, University of Pennsylvania
Chief of the Neuroethics Studies Program, Scholar-in-Residence, leads the Sub-Program in Military Medical Ethics, and Co-director of the O’Neill-Pellegrino Program in Brain Science and Global Health Law and Policy in the Pellegrino Center for Clinical Bioethics
National Security Law Program Director and Lecturer in Law, Georgetown University Law Center
Senior Fellow, CERL, University of Pennsylvania Carey Law School
Frederic Dorwart Endowed Assistant Professor of Law, University of Tulsa School of Law
Chair, Philosophy Department, Dalhousie University, CERL Executive Board Member
Director, Counter-Terrorism & Foreign Litigation Division, Israeli Ministry of Justice
LAWFAS Content Manager, ACO Office of Legal Affairs
Professor of the Practice of Law,Professor of the Practice of Political Science, Director, Vanderbilt-in-Venice Program, Vanderbilt University Law School
Applied Physics Laboratory, Johns Hopkins University
Professor of Russian and East European Studies, University of Pennsylvania
McDevitt Professor of Jurisprudence, Director of the Center on Ethics and the Legal Profession, and Co-Director on the Center on National Security and the Law at Georgetown University Law Center
Director, Irregular Warfare and Partnerships at Office, Secretary of Defense
Senior Lecturer, Director of Exeter Centre for International Law
Head of Security and Law, Geneva Centre for Security Policy
CERL Executive Director
Vice President of Business Development, Analytical Graphics, Inc.; CERL Executive Board Member
Professor of International Law, University of Lancaster
Attorney at Law; CERL Executive Board Member
Background Readings
ACADEMIC ARTICLES
George F. Kinnan, Policy Planning Staff Memorandum (1948)
Todd C. Huntley and Andrew Levitz, Controlling the Use of Power in the Shadows: Challenges in the Application of Jus in Bello to Clandestine and Unconventional War Activities, Harvard National Security Journal, Vol. 5 (2014)
Michael Waltzer, Soft War: The Ethics of Unarmed Conflict, Cambridge University Press, Foreword (2017)
Mary Ellen O’Connell, Cyber Security without Cyber War, Journal of Conflict & Security Law, Vol. 17 No. 2, 187-209 (2012)
George R. Lucas, Jr., State Sponsored Hacktivism and the Rise of ‘Soft’ War, Soft War: The Ethics of Unarmed Conflict, Cambridge University Press (2017)
C. Anthony Pfaff, Proxy War Ethics, Journal of National Security Law and Policy, Vol 9:305 (2017)
David Carment et al., Gray zone mediation in the Ukraine crisis: comparing Crimea and Donbas (forthcoming 2019)
Andrew Mumford, Proxy Warfare and the Future of Conflict, The RUSI Journal (2013)
James Pattison, The Ethics of Arming Rebels, Ethics & International Affairs 29, no. 4 (2015)
Roger McDermott, Does Russia Have a Gerasimov Doctrine, Parameters 46, no. 1 (Spring 2016)
Claire Finkelstein and Kevin Govern, Introduction: Cyber and the Changing Face of War (2015)
Sean Watts, Low-Intensity Cyber Operations and the Principle of Non-Intervention (May 5, 2014)
POPULAR PRESS COVERAGE
Aurel Sari, Legal Aspects of Hybrid Warfare, Lawfare blog post (October 2, 2015)
General Joseph T. Votel et al., Unconventional Warfare in the Gray Zone, NDU Press (July 2016)
Neither War Nor Peace: The uses of constructive ambiguity. The Economist (January 25, 2018)
Daniel L. Byman, Why Engage in Proxy War? A State’s Perspective, Lawfare (2008)
Laurence Peter, Syria War: Who Are Russia’s Shadowy Wagner Mercenaries?, BBC News (February 2018)
Rosa Brooks, Rule of Law in the Gray Zone, Modern War Institute (July 2, 2018)
Nicholas Heras, Gray Zones in the Middle East, CNAS (September 18, 2017)
Michael Kofman, Russian Hybrid Warfare and Other Dark Arts, War on the Rocks (March 2016)
Ofek Riemer and Daniel Sobel, Coercive Disclosure: Israel’s Weaponization of Intelligence, War on the Rocks (August 30, 2019)
Philip Kapusta, The Gray Zone, Special Warfare Magazine (October – December 2015)
REPORTS
Hal Brands, Paradoxes of the Gray Zone, Foreign Policy Research Institute (February 5, 2016)
Lord Jopling, Countering Russia’s Hybrid Threats: An Update, NATO Parliamentary Assembly (2018)
United States Special Operations Command, The Gray Zone, White Paper (September 2015)
The Challenge of Operating in the Gray Zone, Special Warfare (October – December 2015)
Contact us
For any questions regarding the conference or registration, please contact: Jennifer Cohen at [email protected]