Evan Jonathan Wallach (born November 11, 1949) is an American lawyer and
Senior
Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to:
* Senior (name), a surname ...
United States circuit judge
In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
of the
United States Court of Appeals for the Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of ...
. A former United States Judge of the
United States Court of International Trade
The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercises ...
, he is one of the nation's foremost experts on
war crimes and the
law of war
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
.
Early life, education, and career
Wallach was born in
Superior,
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, the son of Albert Wallach, a millworker at the Magma Copper Company, and Sara Wallach, a local artist who helped run the town library and Little Theater group. Wallach was decorated for his service in the
United States Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
during the
Vietnam War
The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
, and received a
Bachelor of Arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
degree at the
University of Arizona
The University of Arizona (Arizona, U of A, UArizona, or UA) is a public land-grant research university in Tucson, Arizona. Founded in 1885 by the 13th Arizona Territorial Legislature, it was the first university in the Arizona Territory.
T ...
in 1973, followed by a
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
at the
University of California Berkeley
The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant univ ...
in 1976.
[Joint Committee on Printing, ]
Official Congressional Directory
, 2013-2014'' (February 2014), p. 863-64. Wallach joined the firm of Lionel Sawyer & Collins in Las Vegas, Nevada, as an associate, in 1976.
He received a
Bachelor of Laws
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
with honors in International Law from the
University of Cambridge
, mottoeng = Literal: From here, light and sacred draughts.
Non literal: From this place, we gain enlightenment and precious knowledge.
, established =
, other_name = The Chancellor, Masters and Schola ...
in 1981.
He became a partner at Lionel Sawyer & Collins in 1982, remaining in that position until 1995.
He was able to take a leave from the firm to continue providing service to the U.S. military.
He attended the
Judge Advocate General's Legal Center and School
The Judge Advocate General's Legal Center and School, also known as The JAG School or TJAGLCS, is a graduate-level division federal service academy located on the grounds of the University of Virginia in Charlottesville, Virginia. The center is ...
at the
University of Virginia
The University of Virginia (UVA) is a Public university#United States, public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United S ...
and served in the
United States Army Judge Advocate General's Corps
The Judge Advocate General's Corps of the United States Army, also known as the U.S. Army JAG Corps, is the legal arm of the United States Army. It is composed of Army officers who are also lawyers and who provide legal services to the Army at a ...
in the International Affairs Division of the Office of TJAG at
The Pentagon
The Pentagon is the headquarters building of the United States Department of Defense. It was constructed on an accelerated schedule during World War II. As a symbol of the U.S. military, the phrase ''The Pentagon'' is often used as a metony ...
during the
Gulf War
The Gulf War was a 1990–1991 armed campaign waged by a 35-country military coalition in response to the Iraqi invasion of Kuwait. Spearheaded by the United States, the coalition's efforts against Iraq were carried out in two key phases: ...
, 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.
Work on the law of war
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
The Nevada National Guard is the component of the United States National Guard in Nevada. The governor of Nevada may call individuals or units of the Nevada National Guard into state service. The Constitution of the United States charges the Nat ...
, with the rank of
major
Major (commandant in certain jurisdictions) is a military rank of commissioned officer status, with corresponding ranks existing in many military forces throughout the world. When used unhyphenated and in conjunction with no other indicators ...
. His responsibilities included giving annual lectures to
Military Police
Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear recon ...
regarding their legal obligations on treatment of prisoners.
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
An adjunct professor is a type of academic appointment in higher education who does not work at the establishment full-time. The terms of this appointment and
the job security of the tenure vary in different parts of the world, however the genera ...
in Law of War at both
New York Law School
New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include E ...
and
Brooklyn Law School
Brooklyn Law School (BLS) is a private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and a number of adjunct faculty.
Brookly ...
. From 2001 to 2012 he was a
visiting professor
In academia, a visiting scholar, visiting researcher, visiting fellow, visiting lecturer, or visiting professor is a scholar from an institution who visits a host university to teach, lecture, or perform research on a topic for which the visitor ...
in Law of War at the
University of Münster
The University of Münster (german: Westfälische Wilhelms-Universität Münster, WWU) is a public university, public research university located in the city of Münster, North Rhine-Westphalia in Germany.
With more than 43,000 students and over ...
. Since 2012 he has been an adjunct professor at the
George Washington University Law School
The George Washington University Law School (GW Law) is the law school of George Washington University, in Washington, D.C. Established in 1865, GW Law is the oldest top law school in the national capital. GW Law offers the largest range of cou ...
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". He is also a member of the American Law Institute and the Council on Foreign Relations.
Federal judicial service
On June 27, 1995, President
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
nominated Wallach to serve as a United States Judge of the
United States Court of International Trade
The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercises ...
, to the seat vacated by Judge
Edward D. Re
Edward Domenic Re (October 14, 1920 – September 17, 2006) was a United States federal judge, judge of the United States Court of International Trade.
Education and career
Born on October 14, 1920, in Santa Marina Salina, Italy, Re received a ...
. He was confirmed by the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on August 11, 1995, and received his commission on August 14, 1995. He served on that court until his elevation to the Federal Circuit on November 18, 2011.
President
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
nominated him on July 28, 2011 to serve on the
United States Court of Appeals for the Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of ...
.
His nomination was reported out of the Senate Judiciary Committee on October 6, 2011, by a voice vote. On November 8, 2011, his nomination was confirmed by the Senate by a 99–0 vote. He received his commission on November 18, 2011. He assumed
senior status
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
on May 31, 2021.
Publications
Wallach has had articles published both in mainstream media and legal journals, and has been widely cited in the media. Some of these include:
*Outline of the law of war.
*Waterboarding Used to Be a Crime.
*Afghanistan, Quirin, and Uchiyama: Does the Sauce Suit the Gander?
*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.
*The Procedural and Evidentiary Rules of the Post World War II War Crimes Trials: Did They Provide an Outline for International Legal Procedure?
*Drop by Drop: Forgetting the History of Water Torture in U.S. Courts.
*A Tiny Problem With Huge Implications - Nanotech Agents as Enablers or Substitutes for Banned Chemical Weapons: Is a New Treaty Needed?
*Pray Fire First Gentlemen of France: Has 21st Century Chivalry Been Subsumed by Humanitarian Law?
*The Economic Calculus of Fielding Autonomous Fighting Vehicles Compliant with the Laws of Armed Conflict.
He is also the author of "Jake and Me," a coming of age novel about a young man in the 1920s Arizona mountains.
References
External links
*
*
{{DEFAULTSORT:Wallach, Evan Jonathan
1949 births
Living people
21st-century American judges
Alumni of Hughes Hall, Cambridge
Brooklyn Law School faculty
The Judge Advocate General's Legal Center and School alumni
Judges of the United States Court of Appeals for the Federal Circuit
Judges of the United States Court of International Trade
Recipients of the Air Medal
UC Berkeley School of Law alumni
United States Army officers
United States Army personnel of the Vietnam War
United States federal judges appointed by Bill Clinton
United States court of appeals judges appointed by Barack Obama
University of Arizona alumni
University of Nevada, Las Vegas faculty