Scott Silliman

Scott L. Silliman is a Professor of the Practice of Law at Duke Law School, and Executive Director of Duke Law School's Center on Law, Ethics and National Security.[1][2][3][4] He is also an adjunct professor of law at the University of North Carolina at Chapel Hill (UNC),[5] and at North Carolina Central University.[6]

Scott Silliman
Judge of the United States Court of Military Commission Review
Assumed office
September 12, 2012
Appointed byBarack Obama
Preceded byWilliam Coleman
Personal details
Born1943 (age 77–78)
Alma materUniversity of North Carolina, Chapel Hill

Academic career

Silliman earned a Bachelor's Degree, in Philosophy, at the University of North Carolina, in 1965, followed by a law degree, in 1968.[1][7] While there he participated in the ROTC program. Upon graduation, he began a 25-year career as a military lawyer, in the United States Air Force. When he retired, in 1993, he joined the faculty at the Duke Law School. He was the first Executive Director of Duke's Center on Law, Ethics and National Security, a position he held for 18 years.

Career

Silliman was a military attorney, called to active duty as an U.S. Air Force judge advocate in 1968, and later a staff judge advocate (senior attorney) and, in his last assignments, the senior attorney for Tactical Air Command[7][8] and later Air Combat Command.[9][10][11] During the 1991 Persian Gulf War, he supervised deployment of all Air Force attorneys.[12][13] In 1993, he retired from the Air Force as a colonel.[13][14]

Silliman is an expert on national security law,[15][16][17][18] military law,[19][20][21][22] and the law of armed conflict.[23][24]

His views have been cited in various media, including by The New York Times,[24][25] The Washington Post,[26] The Boston Globe,[27] The Christian Science Monitor,[28] Newsweek,[29] The Guardian,[30] NPR,[31] USA Today, and the New York Daily News.[32]

In 2012 Silliman was appointed to the US Court of Military Commission Review, (USMCRC), a blue ribbon panel created solely to review rulings and verdicts from the Guantanamo Military Commissions.[1]

During the final part of the rescue of the crew of Maersk Alabama three of the four pirates retreated to the vessel's lifeboat, taking the Captain as a hostage, together with $30,000 from the ship's safe.[33] According to widely publicized accounts of the Captain's rescue, when snipers heard a firearms discharge, on the lifeboat, three snipers each killed one of the pirates with a single shot. It emerged, during the trial of the remaining pirate, that the Captain could hear the labored breathing of at least one injured pirate. During the trial Philip L. Weinstein said that an expert on firearms wounds who examined photos of the dead pirates said they had been shot 19 times. Weinstein argued that the SEALS had violated their obligations, under the Geneva Conventions, to refrain from further injuring enemy combatants, who were too injured to further participate in hostilities. According to Fox News Silliman defended the SEALs:

"Scott L. Silliman, a professor at Duke University Law School and an expert on wartime legal doctrine, said he believes the SEALs did nothing wrong. He said the SEALs had to make the assumption that the Somalis were armed and a continuing threat. In other words, they were still combatants.".[33]

An opinion Silliman offered on the guilt of Khaled Sheikh Mohammed, and his four co-defendants, in the 9-11 Guantanamo Military Commission triggered a civilian appeals court to overrule the USCMCR.[34] The civilian appeals court agreed with the defendants, that since Silliman had voiced the opinion that the five were guilty, in a 2010 interview, he was biased, and should have recused himself.

Works

Select articles
  • "Robinson O. Everett and National Security", 59 DUKE L. J. 1447 (2010)
  • "Prosecuting Alleged Terrorists by Military Commission: A Prudent Option", 42 CASE W. RES. J. INT'L L. 289 (2009)
  • "On Military Commissions", 36 CASE W. RES. J. INT'L L. 529 (2004)
  • "Troubling Questions in Interrogating Terrorists", 90 DUKE MAG., September–October 2004
  • "Detaining Terrorists at Guantanamo Bay: Questions of Law and Policy", 25 NAT'L SEC. L. REP. 1 (2003)
  • "The Iraqi Quagmire: Enforcing the No-Fly Zones", 36 NEW ENG. L. REV. 767 (2002)

Testimony to the Senate

Interviews

Major service awards

References
  1. "Professor Scott Silliman, Duke Law School" (PDF). US Department of Defense. 2014-10-07. Retrieved 2017-08-12. Besides teaching at the law school, he served as Executive Director of Duke's Center on Law, Ethics and National Security from its inception in 1993 until July of 2011, and now serves as its Director Emeritus.
  2. "Former Air Force Deputy Judge Advocate General to join Duke Law faculty July 1". 0-www.law.duke.edu.library.law.suffolk.edu. April 29, 2010. Retrieved May 23, 2010.
  3. Heard on All Things Considered (January 13, 2009). "Where Do Detainees Go When Guantanamo Closes?". NPR. Retrieved May 23, 2010.
  4. "Duke law professor will mark Constitution Day at Alamance Community College | alamance, college, community – Region – Burlington Times News". Thetimesnews.com. September 8, 2009. Retrieved May 23, 2010.
  5. "Scott L. Silliman". Law.unc.edu. Retrieved May 23, 2010.
  6. "NCCU – School of Law – Faculty Listings". Web.nccu.edu. January 31, 2010. Retrieved May 23, 2010.
  7. "Archived copy" (PDF). Archived from the original (PDF) on 2010-06-10. Retrieved 2010-05-23.CS1 maint: archived copy as title (link)
  8. "Scott L. Silliman". Law.duke.edu. August 31, 1993. Retrieved May 23, 2010.
  9. "The Virginian-Pilot Archives". Nl.newsbank.com. May 16, 1999. Retrieved May 23, 2010.
  10. Payne, Aleta; Simpson, Elizabeth (June 19, 1999). "dallasnews.com | Archives". Nl.newsbank.com. Retrieved May 23, 2010.
  11. "Langley General'S E-Mail Probed". Pqasb.pqarchiver.com. May 11, 2006. Retrieved May 23, 2010.
  12. Scharnberg, Kirsten (February 22, 2005). "Contractors pay unsung toll in Iraq ; Over 230 killed in jobs vital to military". Pqasb.pqarchiver.com. Retrieved May 23, 2010.
  13. Prior, Richard (September 11, 2001). "Balancing prosecution and protection – The Daily Record – Jacksonville, Florida". Jaxdailyrecord.com. Retrieved May 23, 2010.
  14. "ProfNet Experts Round-Up: Detention of Terror Suspects". Newswise.com. February 16, 2006. Retrieved May 23, 2010.
  15. "Contractors Indicted After Probe Into Shooting That Killed 17 Iraqi Civilians". washingtonpost.com. December 6, 2008. Retrieved May 23, 2010.
  16. Risen, James; Lichtblau, Eric (January 16, 2009). "Court Affirms Wiretapping Without Warrants". The New York Times.
  17. "Charges shift the fight on Padilla, He is indicted, but not in the "dirty bomber"case. Some say Justice was aiming to avoid a defeat". Philadelphia Inquirer. November 23, 2005.
  18. Shane, Scott (November 1, 2007). "Nominee's Stand May Avoid Tangle of Torture Cases". The New York Times.
  19. Heard on All Things Considered (November 15, 2005). "Guantanamo Case Awaits High Court Ruling". NPR. Retrieved May 23, 2010.
  20. "Correspondents Report – Hicks in legal limbo". Abc.net.au. Retrieved May 23, 2010.
  21. "Army: Failures in pregnant soldier's death - Military- NBC News". NBC News. September 12, 2008. Retrieved May 23, 2010.
  22. Suzanne Goldenberg in Washington (November 10, 2008). "Obama legal advisers draft plans for Guantánamo Bay prison | World news | guardian.co.uk". London: Guardian. Retrieved May 23, 2010.
  23. "News | Killing by the numbers". Salon.com. Retrieved May 23, 2010.
  24. Kaplan, Eben (January 25, 2006). "Q&A: Targeted Killings". The New York Times.
  25. Risen, James; Lichtblau, Eric (January 16, 2009). "Court ruling buoys case for wiretaps". The New York Times.
  26. "Cases Against Detainees Have Thinned". washingtonpost.com. November 2, 2008. Retrieved May 23, 2010.
  27. Vicini, James (October 1, 2006). "New terrorism trial rules could face Supreme Court scrutiny – The Boston Globe". Boston.com. Retrieved May 23, 2010.
  28. "Guantanamo detainees on US soil: a legal minefield". CSMonitor.com. December 15, 2009. Retrieved May 23, 2010.
  29. Michael Hirsh. "Hirsh: Why the Hamdan Verdict is Big Loss for Bush – Michael Hirsh". Newsweek.com. Retrieved May 23, 2010.
  30. Suzanne Goldenberg in Washington (November 11, 2008). "Closing down detention centre 'not so easy' | World news". The Guardian. London. Retrieved May 23, 2010.
  31. "Terrorism Trials Pose Dilemma For U.S." NPR. February 15, 2010. Retrieved May 23, 2010.
  32. "He'S A Sly Fox, Legal Eagles Agree". New York: Nydailynews.com. July 2, 2004. Retrieved May 23, 2010.
  33. "$30G went missing in SEAL rescue of Capt. Phillips; SEALs given polygraph test". Fox News. 2013-10-11. Retrieved 2017-08-12.
  34. Steve Vladeck (2017-08-09). "D.C. Circuit Holds that 9/11 Appellate Judge Should Have Recused". Just Security. Retrieved 2017-08-12.
Legal offices
Preceded by
William Coleman		 Judge of the United States Court of Military Commission Review
2012–present		 Incumbent
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