Evan Wallach

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| name = Evan Wallach

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| image = Evan Wallach.jpg

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| office = Senior Judge of the United States Court of Appeals for the Federal Circuit

| term_start = May 31, 2021

| term_end =

| office1 = Judge of the United States Court of Appeals for the Federal Circuit

| term_start1 = November 18, 2011

| term_end1 = May 31, 2021

| appointer1 = Barack Obama

| predecessor1 = Arthur J. Gajarsa

| successor1 = Tiffany P. Cunningham

| office2 = Judge of the United States Court of International Trade

| term_start2 = August 14, 1995

| term_end2 = November 18, 2011

| appointer2 = Bill Clinton

| predecessor2 = Edward D. Re

| successor2 = Claire R. Kelly

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| birth_date = {{Birth date and age|1949|11|11}}

| birth_place = Superior, Arizona, U.S.

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| education = Diablo Valley College
University of Arizona (BA)
University of California, Berkeley (JD)
{{nowrap|Hughes Hall, Cambridge (LLB)}}

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| allegiance = United States of America

| branch = {{flag|United States Army}}

| serviceyears = 1969–1971
1989–1995

| rank = 20px Major

| unit = Nevada National Guard

| commands =

| battles = Vietnam War

| mawards = 30px Bronze Star
30px Air Medal
30px Meritorious Service Medal (2)
Nevada Medal of Merit
30px Vietnam Campaign Medal (3 battle stars)
30px Gallantry Cross with Palm

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Evan Jonathan Wallach (born November 11, 1949) is an American lawyer and senior United States circuit judge of the United States Court of Appeals for the Federal Circuit. A former judge of the United States Court of International Trade, he is one of the nation's foremost experts on war crimes and the law of war.{{cite web|url=http://www.nea.gov/national/homecoming/authorbios/wallach.html|title=Judge Evan Wallach|publisher=National Endowment for the Arts|access-date=January 16, 2008|archive-url=https://web.archive.org/web/20080921212225/http://www.nea.gov/national/homecoming/authorbios/wallach.html|archive-date=September 21, 2008|url-status=dead}}{{cite web|url=http://www.cit.uscourts.gov/Judges/wallach_bio.htm|title=Judge Evan J. Wallach|date=September 4, 2007|publisher=United States Court of International Trade|access-date=January 16, 2008|archive-url=https://web.archive.org/web/20080131115456/http://www.cit.uscourts.gov/Judges/wallach_bio.htm|archive-date=January 31, 2008|url-status=dead}}

Early life, education, and career

Wallach was born in Superior, Arizona, 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 during the Vietnam War, and received a Bachelor of Arts degree at the University of Arizona in 1973, followed by a Juris Doctor at the University of California Berkeley in 1976.Joint Committee on Printing, [http://www.gpo.gov/fdsys/pkg/CDIR-2014-02-18/html/CDIR-2014-02-18-JUDICIARY.htm Official Congressional Directory] {{Webarchive|url=https://web.archive.org/web/20170927202219/https://www.gpo.gov/fdsys/pkg/CDIR-2014-02-18/html/CDIR-2014-02-18-JUDICIARY.htm |date=September 27, 2017 }}, 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 with honors in International Law from the University of Cambridge 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 at the University of Virginia and served in the United States Army Judge Advocate General's Corps in the International Affairs Division of the Office of TJAG at The Pentagon during the Gulf War, 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 specializes in the law of war. From 1989 to 1995 he served as Judge Advocate General in the Nevada Army National Guard, with the rank of major. His responsibilities included giving annual lectures to Military Police 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 in Law of War at both New York Law School and Brooklyn Law School. From 2001 to 2012 he was a visiting professor in Law of War at the University of Münster. Since 2012 he has been an adjunct professor at the George Washington University Law School 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".{{cite web|url=http://lawofwar.org/who_we_are.htm|title=Who We Are|publisher=International Law of War Association|access-date=January 17, 2008|archive-date=January 25, 2008|archive-url=https://web.archive.org/web/20080125115759/http://lawofwar.org/who_we_are.htm|url-status=live}} 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 nominated Wallach to serve as a judge of the United States Court of International Trade, to the seat vacated by Judge Edward D. Re. He was confirmed by the Senate on August 11, 1995, and received his commission on August 14, 1995. He served on that court until his elevation to the court of appeals on November 18, 2011.

President Barack Obama nominated him on July 28, 2011, to serve on the United States Court of Appeals for the Federal Circuit.{{cite web|url=https://obamawhitehouse.archives.gov/the-press-office/2011/07/28/president-obama-nominates-judge-evan-jonathan-wallach-united-states-cour|title=President Obama Nominates Judge Evan Jonathan Wallach to the United States Court of Appeals for the Federal Circuit|date=July 28, 2011|access-date=February 18, 2021|archive-date=February 16, 2017|archive-url=https://web.archive.org/web/20170216164627/https://obamawhitehouse.archives.gov/the-press-office/2011/07/28/president-obama-nominates-judge-evan-jonathan-wallach-united-states-cour|via=National Archives|work=whitehouse.gov|url-status=live}} 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.{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_votes/vote1121/vote_112_1_00199.htm|title=On the Nomination (Evan Jonathan Wallach, of New York, to be United States Circuit Judge)|access-date=February 16, 2018}} He received his commission on November 18, 2011. He assumed senior status on May 31, 2021.{{FJC Bio|nid=1392931|inline=yes}}

Publications

Wallach has had articles published both in mainstream media and legal journals, and has been widely cited in the media.{{cite news|publisher=Milwaukee Journal Sentinel|url=http://www.jsonline.com/story/index.aspx?id=521345|title=Law allows torture, even if Bush doesn't call it that|date=October 21, 2006|author=Robyn Blumner|author-link=Robyn Blumner}}{{cite news|work=Salon|url=http://www.salon.com/opinion/walsh/misc/2007/11/04/waterboarding_schumer/index.html|title=When waterboarding was a crime|date=November 4, 2007|author=Joan Walsh|access-date=January 16, 2008|archive-date=December 8, 2007|archive-url=https://web.archive.org/web/20071208061744/http://www.salon.com/opinion/walsh/misc/2007/11/04/waterboarding_schumer/index.html|url-status=live}} Some of these include:

Outline of the law of war.{{cite web|title=Interactive Outline Of The Law Of War|author=Evan Wallach|publisher=International Law of War Association|url=http://lawofwar.org/outline.htm}}
Waterboarding Used to Be a Crime.{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2007/11/02/AR2007110201170.html|title=Waterboarding Used to Be a Crime|author=Evan Wallach|newspaper=Washington Post|date=November 2, 2007|access-date=September 20, 2017|archive-date=September 22, 2017|archive-url=https://web.archive.org/web/20170922052521/http://www.washingtonpost.com/wp-dyn/content/article/2007/11/02/AR2007110201170.html|url-status=live}}
Afghanistan, Quirin, and Uchiyama: Does the Sauce Suit the Gander?{{cite journal|title=Afghanistan, Quirin, and Uchiyama: Does the Sauce Suit the Gander?|journal=The Army Lawyer|year=2003|author=Evan J. Wallach|url=https://www.loc.gov/rr/frd/Military_Law/pdf/11-2003.pdf|access-date=December 29, 2017|archive-date=May 7, 2009|archive-url=https://web.archive.org/web/20090507030602/http://www.loc.gov/rr/frd/Military_Law/pdf/11-2003.pdf|url-status=live}}
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.{{cite journal|url=http://lawofwar.org/logical_nexus_between_the_decisi.htm|title=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|author=Evan J. Wallach|journal=Case Western Reserve Journal of International Law|volume=37|year=2005|pages=541–638|access-date=January 17, 2008|archive-date=December 5, 2007|archive-url=https://web.archive.org/web/20071205134940/http://lawofwar.org/logical_nexus_between_the_decisi.htm|url-status=live}}
The Procedural and Evidentiary Rules of the Post World War II War Crimes Trials: Did They Provide an Outline for International Legal Procedure?{{cite journal|journal=The Columbia Journal of Transnational Law|volume=37|year=1999|title=The Procedural and Evidentiary Rules of the Post World War II War Crimes Trials: Did They Provide an Outline for International Legal Procedure?|author=Evan Wallach|url=http://lawofwar.org/Tokyo%20Nurembueg%20article.htm|access-date=January 17, 2008|archive-date=December 5, 2007|archive-url=https://web.archive.org/web/20071205134925/http://lawofwar.org/Tokyo%20Nurembueg%20article.htm|url-status=live}}
Drop by Drop: Forgetting the History of Water Torture in U.S. Courts.{{cite journal|journal=The Columbia Journal of Transnational Law|volume=45|year=2007|issue=2|title=Drop by Drop: Forgetting the History of Water Torture in U.S. Courts|author=Evan Wallach|url=http://www.pegc.us/archive/Articles/wallach_drop_by_drop_draft_20061016.pdf|format=PDF rough draft|access-date=January 17, 2008|archive-date=May 21, 2009|archive-url=https://web.archive.org/web/20090521063746/http://www.pegc.us/archive/Articles/wallach_drop_by_drop_draft_20061016.pdf|url-status=live}}
A Tiny Problem With Huge Implications - Nanotech Agents as Enablers or Substitutes for Banned Chemical Weapons: Is a New Treaty Needed?{{Cite journal|last=Wallach|first=Evan|date=2011|title=A Tiny Problem with Huge Implications - Nanotech Agents as Enablers or Substitutes for Banned Chemical Weapons: Is a New Treaty Needed?|url=http://ir.lawnet.fordham.edu/ilj/vol33/iss3/4/|journal=Fordham International Law Journal|volume=33|issue=3|access-date=September 29, 2016|archive-date=February 22, 2021|archive-url=https://web.archive.org/web/20210222192713/https://ir.lawnet.fordham.edu/ilj/vol33/iss3/4/|url-status=live}}
Pray Fire First Gentlemen of France: Has 21st Century Chivalry Been Subsumed by Humanitarian Law?{{Cite journal|last=Evan|first=Wallach|date=2013|title=Pray Fire First Gentlemen of France: Has 21st Century Chivalry Been Subsumed by Humanitarian Law?|url=http://harvardnsj.org/wp-content/uploads/2013/02/Vol.3-Wallach-FINAL.pdf|journal=Harvard National Security Journal|volume=3|pages=431–469|access-date=September 29, 2016|archive-date=January 20, 2017|archive-url=https://web.archive.org/web/20170120172319/http://harvardnsj.org/wp-content/uploads/2013/02/Vol.3-Wallach-FINAL.pdf|url-status=live}}
The Economic Calculus of Fielding Autonomous Fighting Vehicles Compliant with the Laws of Armed Conflict.{{Cite journal|last=Evan Wallach and Erik Thomas|date=2016|title=The Economic Calculus of Fielding Autonomous Fighting Vehicles Compliant with the Laws of Armed Conflict|journal=Yale Journal of Law & Technology|volume=18|pages=1–25}}

He is also the author of "Jake and Me," a coming of age novel about a young man in the 1920s Arizona mountains.{{Cite book|title=Jake and Me|date=March 3, 2015|isbn=978-1508646846|last1=Wallach|first1=Evan J.|last2=Wallach|first2=Sara F.|publisher=CreateSpace Independent Publishing Platform }}