July-August 2004

Army Investigates Participants in Islam Conference


The U.S. Army conceded in March that two of its counterintelligence special agents had exceeded their authority in investigating participants in a University of Texas Law School conference. The conference was titled "Islam and the Law: The Question of Sexism?"

The agents visited the Austin campus on February 9, after two army lawyers reported having encountered a "suspicious individual" and two associates at the event, which was convened by students at the law school. The army says its lawyers attended the conference to prepare for assignments in Southwest Asia, where they were to deal with legal issues between U.S. forces and the mostly Muslim population there.

The conference explored ways in which Islamic law may compromise women's rights. Topics discussed included women's wearing of the veil; inheritance, marriage, and divorce laws; polygamy; virginity; and honor crimes. Featured speakers included scholars from Harvard Divinity School, Georgetown Law Center, the University of Texas, the Islamic Association of Carrollton, Texas, and elsewhere.

The two army lawyers attending the conference reported being persistently questioned about their identity, occupation, and status by a man who appeared to be attending the conference with two associates. The army's press statement said that the tone and repetition of the questions made the lawyers suspicious, leading them to report the individuals to local military intelligence officials. The intelligence officials raised concerns on campus and among civil liberties groups when they requested a roster of conference participants and sought to interview the conference organizer.

Following a month-long investigation, the army concluded that the agents had overstepped their authority by requesting information about people outside their investigative jurisdiction. To prevent future incidents of this kind, the army says it will "provide refresher training on the limits of army counterintelligence investigative jurisdiction to all counterintelligence personnel performing duties in the United States."

William C. Powers, Jr., dean of the university's law school, says he was gratified that the army investigated the incident and reached the conclusion it did. "The Islam and the Law conference addressed important legal and social issues. I fear that there would be a potential chilling effect if students and faculty had to worry about being investigated for organizing such conferences."