LOS ANGELES — April 17, 2010 — Arent Fox LLP, in cooperation with the University of La Verne College of Law and a number of government and private organizations, co-sponsored a one-of-a-kind international law symposium,“What Makes States Successful? Afghanistan and the Future of State Building,” held April 15-17, 2010 to develop and expand protocols for international states emerging from post-conflict turmoil.

Robert C. O'Brien, managing partner of Arent Fox's Los Angeles office, served as co-chair of the three-day symposium. Arent Fox counsel Pierre Richard-Prosper, who served as US Ambassador-at-Large in charge of the Secretary of State’s Office of War Crimes Issues from 2001-2005, delivered one of the conference's keynote addresses.

“Linking key leaders from the Pentagon, Judge Advocate General Corps, Department of Justice, U.S. Department of State, judiciary, non-governmental organizations community and academia to expand the rule of law in post-conflict regions is an excellent way for America to project ‘smart power’ around the globe,” said Mr. O'Brien, who serves as co-chair of the U.S. Department of State's Public-Private Partnership for Justice Reform in Afghanistan. “The University of La Verne is taking a leadership role in this effort by gathering these key players together at this symposium, and I am certain that the protocol work launched at this symposium will provide decision makers with important tools for use in future missions.”

The ambitious agenda included eight panel discussion sessions and several keynote addresses. Three key themes related to promoting the rule of law emerged from the discussion: 1) A more measured and deliberate approach to cultural sensitivity and respect of traditions; 2) A commitment to long-term, trans-generational change and; 3) The need for the empowerment of women in post-conflict states.

“Our vision for this symposium is to find a starting point: To generate a series of principles and protocols based on an exchange of ideas and experiences from the different viewpoints we gathered here, and to build relationships and gain buy-in to a commitment that what starts here, doesn’t end here,” said retired Admiral Bruce MacDonald, former Judge Advocate General of the U.S. Navy. “There is a need to coordinate ability with action. One thing is clear – we can’t keep doing what we’re doing. That’s why establishing these protocols is vital.”

More than 40 military officials, government leaders and academic scholars began collaborating to provide governments a set of detailed principles they can use to identify and prioritize essential, post-conflict actions and to establish measurements of the effectiveness of these actions. Also present were LL.M. candidates from Afghanistan, studying through the Afghanistan Legal Educators Project who spoke specifically to the legal challenges, obstacles and precedents influencing current policy-making and rule of law establishment in their home country.

“It is really amazing that so many esteemed colleagues would not only be discussing the problems in my country, but also developing solutions to these problems,” said Lutforahman Saeed, professor of Islamic law at the Kabul University School of Shari’a Law and a visiting scholar at the University of Washington School of Law. “Important, desperately-needed progress is being accomplished at this symposium.”

In addition to Ambassador Prosper, Cherif Bassiouni, a professor at DePaul University College of Law and President Emeritus of the International Human Rights Law Institute, delivered a keynote address to the conference.

These themes were expanded in a dynamic colloquy between:

• William J. McGlynn, Principal Deputy Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs (INL), U.S. Department of State

• David Sedney, Deputy Assistant Secretary of Defense for Afghanistan, Pakistan, and Central Asia.

This symposium was built on a four-fold focus:

• State failure that is either caused by or is some way related to armed conflict within a state.

• Institutional solutions to state failure, with an emphasis on rule of law.

• Developing action plans or protocols containing concrete solutions to help failed states become successful states.

• Afghanistan, which provides a rich source of data and experience on what works and what doesn’t.

The symposium was concluded with a protocol development work session, where the shared vision of written protocols began to take shape. The symposium was planned and convened by four co-chairs:

• Hon. Robert O’Brien, Managing Partner, Arent Fox LLP; Co-Chair, U.S. Department of State Public-Private Partnership for Justice Reform in Afghanistan

• Admiral (Ret.) Bruce MacDonald, former Judge Advocate General, U.S. Navy

• Hon. Stephen G. Larson, retired United States District Judge, Partner, Girardi | Keese

• John Linarelli, Associate Dean for Academic Affairs and Professor of Law, University of La Verne College of Law

Event co-sponsors included: The U.S. Department of State Public-Private Partnership for Justice Reform in Afghanistan, American Society of International Law, World Justice Project, Los Angeles County Bar Association International Law Section, The Leo A. Deegan Inn of Court, and law firms Arent Fox LLP, Girardi | Keese and Shernoff Bidart Echeverria, LLP.

Detailed event information, including a full list of panelists, can be accessed here.

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