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Scott Livingston Silliman (born 1943) is a Professor of the Practice of Law at
Duke Law School Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit th ...
, and Executive Director of Duke Law School's Center on Law, Ethics and National Security. He is also an adjunct professor of law at
the University of North Carolina at Chapel Hill ''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the ...
(UNC), and at
North Carolina Central University North Carolina Central University (NCCU or NC Central) is a public historically black university in Durham, North Carolina. Founded by James E. Shepard in affiliation with the Chautauqua movement in 1909, it was supported by private funds fro ...
.


Academic career

Silliman earned a
Bachelor's Degree A bachelor's degree (from Middle Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to si ...
, in Philosophy, at the
University of North Carolina The University of North Carolina is the multi-campus public university system for the state of North Carolina. Overseeing the state's 16 public universities and the NC School of Science and Mathematics, it is commonly referred to as the UNC S ...
, in 1965, followed by a J.D. degree, in 1968. While there he participated in the
ROTC The Reserve Officers' Training Corps (ROTC ( or )) is a group of college- and university-based officer-training programs for training commissioned officers of the United States Armed Forces. Overview While ROTC graduate officers serve in al ...
program. Upon graduation, he began a 25-year career as a military lawyer, in the
United States Air Force The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Si ...
. When he retired, in 1993, he joined the faculty at the
Duke Law School Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit th ...
. 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 The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Sign ...
judge advocate Judge-advocates are military lawyers serving in different capacities in the military justice systems of different jurisdictions. Australia The Australian Army Legal Corps (AALC) consists of Regular and Reserve commissioned officers that prov ...
in 1968, and later a staff judge advocate (senior attorney) and, in his last assignments, the senior attorney for
Tactical Air Command Tactical Air Command (TAC) is an inactive United States Air Force organization. It was a Major Command of the United States Air Force, established on 21 March 1946 and headquartered at Langley Air Force Base, Virginia. It was inactivated on 1 Ju ...
and later
Air Combat Command Air Combat Command (ACC) is one of nine Major Commands (MAJCOMs) in the United States Air Force, reporting to Headquarters, United States Air Force (HAF) at the Pentagon. It is the primary provider of air combat forces for the Air Force, and i ...
. In 1993, he retired from the Air Force as a
colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge ...
. Silliman is an expert on national security law,
military law Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
, and the law of armed conflict. His views have been cited in various media, including by ''
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'', ''
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'', ''
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'', ''
The Christian Science Monitor ''The Christian Science Monitor'' (''CSM''), commonly known as ''The Monitor'', is a nonprofit news organization that publishes daily articles in electronic format as well as a weekly print edition. It was founded in 1908 as a daily newspaper ...
'', ''
Newsweek ''Newsweek'' is an American weekly online news magazine co-owned 50 percent each by Dev Pragad, its president and CEO, and Johnathan Davis (businessman), Johnathan Davis, who has no operational role at ''Newsweek''. Founded as a weekly print m ...
'', ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers '' The Observer'' and '' The Guardian Weekly'', ''The Guardian'' is part of the ...
'',
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, ''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...
'', and the ''
New York Daily News The New York ''Daily News'', officially titled the ''Daily News'', is an American newspaper based in Jersey City, NJ. It was founded in 1919 by Joseph Medill Patterson as the ''Illustrated Daily News''. It was the first U.S. daily printed in ...
''. In 2012 Silliman was appointed to the
US Court of Military Commission Review The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review, which would sit in Washington D.C. In the event, the Review Court was not ...
, (USMCRC), a blue ribbon panel created solely to review rulings and verdicts from the
Guantanamo Military Commissions ThGuantanamo military commissionswere established by President George W. Bush – through a Military Order – on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of e ...
. 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. 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 The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is owne ...
'' Silliman defended the SEALs, stating that "the SEALs had to make the assumption that the Somalis were armed and a continuing threat. In other words, they were still combatants." An opinion Silliman offered on the guilt of Khaled Sheikh Mohammed, and his four co-defendants, in the 9-11
Guantanamo Military Commission ThGuantanamo military commissionswere established by President George W. Bush – through a Military Order – on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of e ...
triggered a civilian appeals court to overrule the USCMCR. 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



U.S. Senate Committee on the Judiciary The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, ...
, July 11, 2006


Major service awards

*
Legion of Merit The Legion of Merit (LOM) is a military award of the United States Armed Forces that is given for exceptionally meritorious conduct in the performance of outstanding services and achievements. The decoration is issued to members of the eight ...
*
Meritorious Service Medal A Meritorious Service Medal is an award presented to denote acts of meritorious service, and sometimes gallantry, that are worthy of recognition. Notable medals with similar names include: *Meritorious Civilian Service Award *Meritorious Service Med ...
with four
oak leaf cluster An oak leaf cluster is a ribbon device to denote preceding decorations and awards consisting of a miniature bronze or silver twig of four oak leaves with three acorns on the stem. It is authorized by the United States Armed Forces for a speci ...
s *
Air Force Commendation Medal The Commendation Medal is a mid-level United States military decoration presented for sustained acts of heroism or meritorious service. Each branch of the United States Armed Forces issues its own version of the Commendation Medal, with a fifth ...
with one oak leaf cluster


References


External links


Duke bioSilliman CV
{{DEFAULTSORT:Silliman, Scott 1943 births Living people American political scientists Duke University School of Law faculty North Carolina Central University faculty United States Air Force Judge Advocate General's Corps Recipients of the Legion of Merit University of North Carolina at Chapel Hill alumni University of North Carolina at Chapel Hill faculty Judges of the United States Court of Military Commission Review United States Article I federal judges appointed by Barack Obama