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13 J. Fed. Cir. Hist. Soc'y 19 (2019)
The Law of War in the 21st Century: A Lecture Presented by the Honorable Evan J. Wallach to the Federal Circuit Historical Society, October 22, 2019

handle is hein.journals/jfedcihi13 and id is 21 raw text is: 19 II. THE LAW OF WAR IN THE 21ST CENTURY A LECTURE PRESENTED BY THE HONORABLE EVAN J. WALLACH TO THE FEDERAL CIRCUIT HISTORICAL SOCIETY October 22, 2019 Mr. Price: Good morning everybody. I'm Griff Price. I have the privilege of serving as the Chair of the Federal Circuit Historical Society Lecture Committee. And it's a great pleasure to see so many people here this morning for this very special event. I want to say a heartfelt thank you to the Judges of the Courts who are here, for making this beautiful venue available to us for these events. And I would ordinarily ask you to join me in welcoming today's speaker. But it's his Court, and we are his guests, so I ask you to join me in thanking him and expressing our appreciation for his appearance. He needs no introduction. Everybody who's here knows who he is. So, without any further imposition on his time-I know you came here to hear him talk, not me-Judge Evan Wallach. Judge Wallach: Good morning. Today I'm going to talk to you about two questions. Are we at war with Russia, and if so, what can we do about it? They are, of course, hypothetical-or perhaps not. War. What is it good for? From the Federal Judiciary's viewpoint, not very much, because it's largely a domestic status issue as far as we're concerned. In the United States a state of war-a declaration of war-gives statutory domestic powers to the Chief Executive. I want to read to you from a letter that Abraham Lincoln wrote to Congressman James Conkling in 1863. Conkling was opposed to the Emancipation Proclamation. He was a member of Congress. You dislike the Emancipation Proclama- tion and perhaps would have it retracted. You say it is unconstitutional. I think dif- ferently. I think the Constitution invests its Commander-in-Chief with the law of war, in time of war. The most that can be said if so much, is that slaves are property. Is there, has there ever been any question that by the law of war property both of enemies and friends may be taken when needed? And, is it not needed, whenever taking it, helps us, or hurts the enemy. Armies, the world over, destroy enemies' property when they cannot use it; and even destroy their own to keep it from the enemy. Civilized belligerents do all in their power to help themselves, or hurt the enemy, except a few things regarded as barbarous or cruel. International law affects relations among States by declaration of war. A declaration may implicate neutrality. It may cause other States Judge Evan J. Wallach has been on the Federal Circuit bench since his appointment by President Barack Obama in 2011. Before that, he served as a judge on the U.S. Court of International Trade for sixteen years. A Vietnam veteran who received the Bronze Star and other medals for his military service, Judge Wallach is a recognized expert on the law of war and has taught the subject at several law schools. He holds a degree in Journalism from the University of Arizona, his law degree from the University of California, Berkeley, and a degree in International Law from Cambridge University.

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