Eric Talbot Jensen

Professor of Law

Eric Talbot Jensen is a professor of law at Brigham Young University in Provo, Utah, and recently returned to BYU after serving for a year as the Special Counsel to the Department of Defense General Counsel. Prior to joining the BYU law faculty in 2011, Professor Jensen spent 2 years teaching at Fordham Law School in New York City and 20 years in the United States Army as both a Cavalry Officer and as a Judge Advocate. During his time as a Judge Advocate, Professor Jensen served in various positions including as the Chief of the Army’s International Law Branch; Deputy Legal Advisor for Task Force Baghdad; Professor of International and Operational Law at The Judge Advocate General’s Legal Center and School; legal advisor to the US contingent of UN Forces deployed to Skopje, Macedonia as part of UNPREDEP; and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard. Professor Jensen is a graduate of Brigham Young University (B.A., International Relations), University of Notre Dame Law School (J.D.), The Judge Advocate General’s Legal Center and School (LL.M.) and Yale Law School (LL.M.). Professor Jensen is an expert in the law of armed conflict, public international law, national security law, and cyber warfare. He was one of the group of experts who prepared the Tallinn Manual on the International Law Applicable to Cyber Warfare and is currently working on the follow Tallinn Manual dealing with cyber operations more generally. He is co-author on The Law of Armed Conflict: An Operational Perspective, The Laws of War and the War on Terror, and National Security Law and Policy: a Student Treatise. He is the author of more than thirty law journal publications focusing on international law, national security law, cyber law and international criminal law.

Expertise

  • Cybersecurity
  • Foreign Policy
  • Human Rights
  • International Law
  • Military
  • National Security Law
  • United Nations
  • War Powers

Courses Taught

  • Criminal Law
  • International Criminal Law
  • International Criminal Procedure
  • Law of Armed Conflict
  • National Security Law
  • Public International Law
  • Internet Law Colloquium
  • Introduction to American Law

Education

  • L.L.M., Yale University, 2006
  • L.L.M., The Judge Advocate General, 2001
  • J.D., University of Notre Dame, 1994
  • B.A., Brigham Young University, 1989

Publications

  • Books
  • Tallinn Manual on the International Law Applicable to Cyber Warfare, (Cambridge University Press, 2013) (member of international group of experts and legal group facilitator).
  • The Law of Armed Conflict: An Operational Approach, (1st ed.) (Aspen Publishing, 2012) (with G. Corn, V. Hansen, C. Jenks, R. Jackson, and J. Schoettler). [SSRN]
  • The War on Terror and the Laws of War, (Oxford University Press, 2009). (with G. Corn, V. Hansen, R. Jackson, M. Lewis, and J. Schoettler).
  • Book Chapters
  • Reunifying the Law of Armed Conflict in COIN Operations through a Sovereign Agency Theory, in Counterinsurgency Law: New Directions in Asymmetric Warfare, (ed. William C. Banks. Oxford University Press, 2013).
  • Direct Participation in Hostilities: A Concept Broad Enough for Today’s Targeting Decisions, in New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare, (ed. William C. Banks. Columbia University Press, 2011).
  • American Civil-Military Relations and Political Leadership, in The Ashgate Research Companion to Political Leadership, (with Geoffrey S. Corn) (eds. Joseph Masciulli, Mikhail A. Molchanov, & W. Andy Knight, Ashgate Publishers, 2009).
  • Rule of Law Handbook, Center for Law and Military Operations, Contributor, 2007.
  • Operational Law Handbook, The Judge Advocate General’s Legal Center and School, Editor (2003-4) and Contributor (2001-4).
  • Articles
  • State Obligations in Cyber Operations, Baltic Yearbook of International Law (forthcoming, 2014). [SSRN]
  • The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots, 35 Michigan Journal of International Law (forthcoming, 2014). [SSRN]
  • Guantanamo and the End of Hostilities, 37 Southern Illinois University Law Journal 491 (2013). [SSRN]
  • Belligerent Targeting and the Invalidity of a Least Harmful Means Rule, 89 International Law Studies 536 (2013). [SSRN]
  • Future War, Future Law, 22 Minnesota Journal of International Law 282 (Summer, 2013). [SSRN]
  • Cyber Attacks: Proportionality and Precautions in Attack, 89 International Law Studies 198 (2013). [SSRN]
  • Cyber Deterrence, 26 Emory International Law Review 773 (2012). [SSRN]
  • Sovereignty and Neutrality in Cyber Conflict, 35 Fordham International Law Journal 815 (2012). [SSRN]
  • Applying a Sovereign Agency Theory of the Law of Armed Conflict, 12 Chicago Journal of International Law 685 (2012). [SSRN]
  • A Response to Duncan Hollis, An e-SOS for Cyberspace, 53 Harvard International Law Journal Online 1 (2011). [SSRN]
  • Indefinite Detention Under the Laws of War, 22 Stanford Law and Policy Review 41 (2011) (with Chris Jenks). [SSRN]
  • Ten Questions, Responses to the Ten Questions: President Obama and the Changing Cyber Paradigm, 37 William Mitchell Law Review 5049 (2011). [SSRN]
  • Cyberwarfare and Precautions Against the Effects of Attacks, 88 Texas Law Review 1533 (June, 2010). [SSRN]
  • All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition of a Terror Suspect in Italy, The NATO SOFA, and Human Rights, 1 Harvard National Security Journal 171 (2010) (with Chris Jenks). [SSRN]
  • The Obama Administration’s First Year and IHL: A Pragmatist Reclaims the High Ground, 12 Yearbook of International Humanitarian Law 263 (2009) (with Geoffrey S. Corn). [SSRN]
  • Afghanistan Legal Lessons Learned: Army Rule of Law Operations, 85 Naval War College International Law Studies 465 (2009) (with Amy Pomeroy) reprinted in 39 Israel Yearbook on Human Rights 261 (2009). [SSRN]
  • Transnational Armed Conflict: A "Principled" Approach to the Regulation of Counter-Terror Combat Operations, 42 Israel Law Review 46 (2009) (with Geoffrey S. Corn). [SSRN]
  • Untying the Gordian Knott: A Proposal for Determining Applicability of the Laws of War to the War on Terror, 81 Temple Law Review 787 (2008) (with Geoffrey S. Corn). [SSRN]
  • Exercising Passive Personality Jurisdiction Over Combatants: A Theory in Need of a Political Solution, 42 The International Lawyer 1107 (2008). [SSRN]
  • The ICJ’s “Uganda” “Wall”: A Barrier to the Principle of Distinction and an Entry Point for Lawfare, 35 Denver Journal of International Law & Policy 341 (2007). [SSRN]
  • The Law of War after the DTA, Hamdan and the MCA, 2007 Army Lawyer 19 (Sep 2007) (with Dick Jackson and Robert Matsuishi. [SSRN]
  • The Political Balance of Power Over the Military: Rethinking the Relationship between the Armed Forces, the President, and Congress, 44 Houston Law Review 553 (2007) (with Geoffrey S. Corn). [SSRN]
  • Understanding the Distinct Function of the Combatant Status Review Tribunals: A Response to Blocher, 116 Yale Law Journal Pocket Part 327 (2007), http://yalelawjournal.org/2007/04/11/corn_jensen_watts.html (with Geoffrey S. Corn and Sean Watts). [SSRN]
  • Incentivizing and Protecting Informants Prior to Mass Atrocities Such as Genocide: An Alternative to Post-Hoc Courts and Tribunals, 29 Houston Journal of International Law 113 (2006). [SSRN]
  • Combatant Status: It is Time for Intermediate Levels of Recognition for Partial Compliance, 46 Virginia Journal of International Law 214 (2005). [SSRN]
  • The International Law of Environmental Warfare: Active and Passive Damage During Times of Armed Conflict, 38 Vanderbilt Journal of Transnational Law 145 (2005). [SSRN]
  • Prosecuting Members of the U.S. Military for Wartime Environmental Crimes, 17 Georgetown International Environmental Law Review 651 (2005) (with James Teixeira). [SSRN]
  • Unexpected Consequences From Knock-on Effects: A Different Standard for Computer Network Operations?, 18 American University International Law Review 1145 (2003). [SSRN]
  • Computer Attacks on Critical National Infrastructure: A Use of Force Invoking the Right to Self-Defense, 38 Stanford Journal of International Law 207 (2002). [SSRN]

Experience

  • PROFESSOR OF LAW, Fordham University School of Law
  • LEGAL ADVISOR, U.S. FORCES, Baghdad, Iraq, 2004-2005
  • LEGAL ADVISOR, U.S. FORCES, Baghdad, Iraq, 2004-2005
  • LEGAL ADVISOR, U.S. FORCES, Tuzla, Bosnia and Herzegovina, 1996, 1998
  • LEGAL ADVISOR, U.N. FORCES, Skopje, Macedonia, 1997
  • PROSECUTOR, Ft. Richardson Alaska, 1995-1996