Maj. Gen. Charles J. Dunlap, Jr., USAF (Ret.)

Professor of the Practice of Law
Executive Director, Center on Law, Ethics and National Security


Charles J. Dunlap Jr., the former deputy judge advocate general of the United States Air Force, joined the Duke Law faculty in July 2010 where he is a professor of the practice of law and Executive Director of the Center on Law, Ethics and National Security. His teaching and scholarly writing focus on national security, international law, civil-military relations, cyberwar, airpower, counter-insurgency, military justice, and ethical issues related to the practice of national security law.

Dunlap retired from the Air Force in June 2010, having attained the rank of major general during a 34-year career in the Judge Advocate General Corps. In his capacity as deputy judge advocate general from May 2006 to March 2010, he assisted the judge advocate general in the professional supervision of more than 2,200 judge advocates, 350 civilian lawyers, 1,400 enlisted paralegals, and 500 civilians around the world. In addition to overseeing an array of military justice, operational, international, and civil law functions, he provided legal advice to the Air Staff and commanders at all levels.

In the course of his career, Dunlap has been involved in various high-profile interagency and policy matters, highlighted by his testimony before the U.S. House of Representatives concerning the Military Commissions Act of 2006.

Dunlap previously served as staff judge advocate at Headquarters Air Combat Command at Langley Air Force Base in Virginia and at Headquarters Air Education and Training Command at Randolph Air Force Base in Texas, among other leadership posts. His other assignments include the faculty of the Air Force Judge Advocate General School where he taught various civil and criminal law topics. An experienced trial lawyer, he also spent two years as a military trial judge for a 22-state circuit. He served tours in the United Kingdom and Korea, and he deployed for operations in the Middle East and Africa, including short stints in support of the wars in Afghanistan and Iraq. He also led military-to-military delegations to Colombia, Uruguay, Iraq, and the Czech Republic.

A prolific author and accomplished public speaker, Dunlap’s commentary on a wide variety of national security topics has been published in leading newspapers and military journals. His 2001 essay written for Harvard University’s Carr Center on “lawfare,” a concept he defines as “the use or misuse of law as a substitute for traditional military means to accomplish an operational objective,” has been highly influential among military scholars and in the broader legal academy.

Dunlap’s legal scholarship also has been published in the Stanford Law Review, the Yale Journal of International Affairs, the Wake Forest Law Review, the Fletcher Forum of World Affairs, the University of Nebraska Law Review, the Texas Tech Law Review, and the Tennessee Law Review, among others. He is the author of “The Origins of the Military Coup of 2012”, originally published in 1992, which was selected for the 40th Anniversary Edition of Parameters (Winter 2010-2011). He is also the author of “Airpower” in Understanding Counterinsurgency (Thomas Rid and Thomas Keaney, eds., Routledge, 2010), and his essay on “The Military Industrial Complex” appeared in the Summer 2011 issue of Daedalus.

His article on international humanitarian law was published in 2012 in the German Red Cross in their Journal of International law of Peace and Armed Conflict, and he has a forthcoming essay ion the European Journal of International Law. His chapter on military law appeared in The Modern American Military (David Kennedy, ed., Oxford University Press, 2013), and his op-ed, “Bringing Bergdahl Home Was the Right Choice—Deserter or Not,” was published by Time Magazine (online) in March of 2015.  Additionally, his commentaries “To Ban New Weapons or Regulate Their Use?” and “Is it Really Better to be Dead Than Blind?” appeared on the Just Security blog in April of 2015.

Dunlap has written a number of articles on cyberwar including “Perspectives for Cyber Strategists on Law for Cyberwar” which appeared in the Spring 2011 issue of Strategic Studies Quarterly and his piece, Some Reflections on the Intersection of Law and Ethics in Cyber War,” was published in the Jan-Feb 2013 issue of Air & Space Power Journal.   His essay, “The Hyper-Personalization of War: Cyber, Big Data, and the Changing Face of Conflict,” appeared in the fall 2014 issue of the Georgetown Journal of International Affairs.

His article, “Ethical Issues of the Practice of National Security Law,” was published by the Ohio Northern University Law Review in 2012, and re-published by the American Bar Association’s Standing Committee on Law & National Security for their annual conference in 2013. His chapter, “Clever or Clueless? Observations About Bombing Norm Debates,” appeared in The American Way of Bombing: Changing Ethical and Legal Norms, from Flying Fortresses to Drones (Matthew A. Evangelista and Henry Shue, eds., 2014).

Dunlap's wife, Joy, was formerly a vice president of the National Association of Broadcasters, and most recently was the deputy director of Government Relations for the Military Officers Association of America. She is currently the president of the Duke Campus Club. They reside in Durham.

Wintersession

Law 837:  Legal and Policy Aspects of U.S. Civil-Military Relations
The seminar will address the Constitutional and statutory structure of U.S. civil-military relations, as well as contemporary issues relating to the role of the armed forces in policy debates, politics, and social issues.  In addition, it will examine case studies that illustrate the tensions that can arise between the armed forces and the civilian leadership in a variety of circumstances.  Methodologies and approaches for ensuring productive civil-military relations will also be discussed.

DC Summer Institute Law & Policy

Hot Topics in National and International Security Law: Drones, Cyberwar, Lawfare, Surveillance and More
This course will introduce the hottest topics in national and international security law, including the issues of drones, cyberwar, lawfare, and surveillance. In addition, the course will address civil-military relations and the U.S. military justice system, which is now involved in high-profile cases such as the prosecution of Bradley Manning, Major Nidal Hassan, and SSgt Robert Bales, as well as sexual assault cases. Students will also analyze the constitutional and statutory architecture of the American defense establishment, consider the international phenomena of “lawfare,” and discuss the ethical issues that national security law must confront. This course is aimed at students, policy analysts, legislative staffers, concerned citizens, and others wanting to understand the legal aspects of the security-related issues that dominate today’s headlines.