Very pleased to share the e-newsletter we at the Dean Rusk International Law Center mailed to our University of Georgia School of Law community and beyond. E-mail us ruskintlaw@uga.edu to request direct mailing of future editions.
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Very pleased to share the e-newsletter we at the Dean Rusk International Law Center mailed to our University of Georgia School of Law community and beyond. E-mail us ruskintlaw@uga.edu to request direct mailing of future editions.
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Issues circling the globe are featured in Volume 44 Issue 1 of the Georgia Journal of International and Comparative Law, or GJICL, just published and available online.
The volume begins with two articles, by scholars with ties to France, Australia, and New Zealand, as well as the United States:
► New Judicial Review in Old Europe, by Alyssa S. King (right)
► Human Rights Law and Racial Hate Speech Regulation in Australia: Reform and Replace?, by Dr. Alan Berman (left)
Four notes, by alums who received their Georgia Law J.D.s in 2016, also appear in the volume:
► The TBT Agreement’s Failure To Solve U.S.–COOL, an analysis of a World Trade Organization dispute respecting country-of-original labeling, by Elinore R. Carroll (right)
► Ebola, Experimental Medicine, Economics, and Ethics: An Evaluation of International Disease Outbreak Law, by Sara Louise Dominey (left)
► Balancing a Right to Be Forgotten with a Right to Freedom of Expression in the Wake of Google Spain v. AEPD, by Shaniqua Singleton (right)
► Regulating Lolicon: Toward Japanese Compliance with Its International Legal Obligations to Ban Virtual Child Pornography, by Cory Lyn Takeuchi
It’s our pleasure today to publish this post by Chanel Chauvet, a member of the Georgia Law Class of 2018 who serves as a Student Ambassador at our Dean Rusk International Law Center. This past summer, Chanel (below left) completed a summer course on international humanitarian law at Leiden Law School’s Grotius Centre for International Legal Studies at The Hague, Netherlands. While there, she accompanied Georgia Law Associate Dean Diane Marie Amann, who serves as the Special Adviser to International Criminal Court Prosecutor Fatou Bensouda on Children in & affected by Armed Conflict, at an NGO consultation on the draft Policy on Children, set for final release this autumn. In today’s post, one in a series on our recent conference on international humanitarian law, Chanel writes:
I feel honored to be able to attend the University of Georgia School of Law, not only for the premier education, but also for the incredible opportunities that are extended to students.
Most recently, the law school’s Dean Rusk International Law Center and Georgia Journal of International & Comparative Law, in conjunction with the International Committee of the Red Cross, coordinated “Humanity’s Common Heritage,” a conference on the 2016 ICRC Commentary on the First Geneva Convention. Organizers included Associate Dean Diane Marie Amann, Professor Harlan Cohen, and Kathleen Doty, the Center’s Director of Global Practice Preparation. Leading experts visited UGA Law to discuss this new development in the field of international humanitarian law, or IHL.
Following introductions, the keynote speaker and UGA Law alumnus, Dr. Jean-Marie Henckaerts (right) delivered his lecture. To begin the conference, the Dean of University of Georgia School of Law, Peter “Bo” Rutledge, had given an introductory speech, in which he emphasized that UGA Law is a “home” to students and alumni. Personally, I thought it was great to have a distinguished alumnus working within the field of IHL return to our “home” to enrich the UGA Law community.
Dr. Henckaerts discussed three themes: his background; the foundations of international humanitarian law; and the process and methodology of updating the Commentaries to the four Geneva Conventions. This updating is needed, he said, because of advancements in technology and other forms of warfare that have developed since the Commentaries were last updated more than a half-century ago. The effort is significant because of its influence in enhancing the understanding of contemporary international law.
Background
Aleppo, Syria, 2015 (credit for ICRC photo)
Regarding his background, Dr. Henckaerts serves as the main editor to the Commentaries, and the Legal Adviser at the ICRC. A private organization that was established in 1863, the ICRC consists of 1,500 staff members in 80 different countries. They work to promote and implement IHL, in addition to other initiatives, such as assisting and protecting persons in and affected by armed conflicts. One of the ICRC’s most recent efforts to support this goal involved delivering water in Syria, a country currently plagued with an ongoing non-international armed conflict. Dr. Henckaerts noted that aside from the fact that water is a basic human need, it is also important to prevent the spread of disease.
Foundations
International humanitarian law essentially governs all aspects of war by regulating hostilities and protecting certain groups of people, including civilians and prisoners of war. It finds its basis in the four Geneva Conventions adopted in 1949, which are among some of the very few treaties that have been universally ratified or acceded to. I have listed below the primary purposes of each of the Geneva Conventions and the first two Additional Protocols:
Additional Protocol I, which governs international armed conflicts, or IACs, and Additional Protocol II, which governs non-international armed conflicts, or NIACs, are also primary sources of international humanitarian law. These treaties are somewhat less regarded, though, demonstrated by the fact that they have not been ratified by all states.
According to Dr. Henckaerts, the value of 2016 ICRC Commentary on the First Geneva Convention is that it will serve as a tool and reference source on various topics of international humanitarian law.
Process & methodology
Jean S. Pictet (1914-2002),former ICRC Vice President, President of the Juridical Section and Director of General Affairs (photo credit)
With respect to the process and methodology of revising the Commentaries to the first Geneva Convention, he emphasized that the revision process was collaborative in nature. It was an effort between ICRC representatives and other IHL experts throughout the world to update the “Pictet Commentaries,” the Commentaries created shortly after the 1949 Geneva Conventions were adopted. Interestingly enough, the updated 2016 Commentary reflects diverging views extracted from various consultations between the experts.
Dr. Henckaerts also acknowledged that the Commentary cannot be regarded as the ultimate authority on the Geneva Conventions for a number of reasons:
With regard to the process going forward, Dr. Henckaerts reported that the ICRC working group has both begun the revision process on the second Geneva Convention and implemented a timeline to complete the Commentaries to the remaining two Geneva Conventions.
Following this keynote address was a panel of IHL experts including Oxford Law Professor Dapo Akande, Emory Law Professor Laurie Blank, Major-General Blaise Cathcart, the Judge Advocate General of the Canadian Armed Forces, and New York University Law Professor Ryan Goodman. They offered their critiques on the 2016 Commentary. One question they asked was left unanswered: How did the ICRC determine that the Commentaries needed to be updated?
Other questions, posed by Professor Goodman, related to how the Commentaries would address the concept of transnational NIACS, and what would be the implications of this classification within the cyber realm. To illustrate this ideam he asked how the Commentaries would address people, spread across different states, who organized a coalition in the online realm and used cyber weapons.
There also seemed to be an overarching theme of the discussion. It centered on whether the Geneva Conventions should be interpreted through an originalist or an evolutionist perspective. The 2016 ICRC Commentary has provided enough deference to the original Commentaries, but it has evolved in a sense, in order to properly address the technological advances and military developments since the inception of the original Commentaries.
In any event, it is safe to say that all of the experts are curious to see how the current and future conflicts will test the 2016 ICRC Commentary.
For more information regarding the role of the Commentaries, please click here.
Among the many University of Georgia School of Law professors whose work crosses national borders is Sonja R. West (right). In fact, Professor West will be traveling very soon to Hungary, to speak on Thursday, October 13, at the European Judicial Conference on Courts and Communication in Budapest, organized by Bíróság, Hungary’s National Office for the Judiciary.
Her talk, entitled “Improving Press Coverage of the Courts through Communication,” will examine various issues of failed communication between the press and the courts, as well as possible solutions.
It’s a topic well within her expertise. Professor West teaches courses in constitutional law, media law, and the Supreme Court at Georgia Law. Starting this spring, she will also teach media law at the university’s Grady College of Journalism, where she recently received a joint appointment. Her work on has been published in the reviews of Harvard, UCLA, Michigan law schools, among others. In recognition of her scholarship, the National Communication Association just awarded her its 2016 Franklyn S. Haiman Award for Distinguished Scholarship in Freedom of Expression.
She’s also has written for media outlets like Slate. Her other accomplishments include service as a law clerk to Supreme Court Justice John Paul Stevens and work as journalist in Illinois, Iowa, and Washington, D.C.
In addition to taking part in the judicial conference, Professor West plans to meet with Budapest-based alums of Georgia Law, and also with representatives from the Hungarian-American Fulbright Commission and faculty from the law faculty at Pázmány Péter Catholic University.
In 1973, a Belgian attorney became the first foreign-trained lawyer to earn a Master of Laws, or LLM, degree at the University of Georgia School of Law.
The tradition launched then continues today: Even as the our current LLM class of 2017 pursues studies, we work to build next year’s LLM student body. We welcome inquiries and applications for the Class of 2018.
As detailed in our brochure (online in booklet form here; in printable PDF here), Georgia Law LLMs may prepare to sit for a US bar examination, one among many concentrations:
It’s a vibrant program; see our Exchange of Notes blog posts here.
Members of that class will join an alumni/ae base of more than 450 Georgia Law LLMs, who have ties to 75 countries, on every continent in the world, and 10,000 alums overall. They include judges and law firm partners, leaders in governments and in intergovernmental and nongovernmental organizations, heads of corporate legal departments, and university professors.
Click here to join this tradition of excellence in international professional education, or here to apply now.
This weekend marks the 70th anniversary of the Judgment of the International Military Tribunal at Nuremberg, a moment recorded in this New York Times front page:
The judgment established that humans, and not only states, may be held responsible for violations of international law – a principle that the General Assembly endorsed in 1950. Recognition that individual acts mattered in the international law soon opened the way for recognition that acts committed against individuals also mattered. The Nuremberg Judgment thus stands as a foundational moment in the international human rights movement, as was recognized inter alia in a 1982 article by Georgia Law Professor Louis B. Sohn, when he was Emily & Ernest Woodruff Chair in International Law, a position I am now honored to hold.
Another Georgia Law professor who’s written about Nuremberg is my colleague Harlan Grant Cohen; these works include: ‘Undead’ Wartime Cases: Stare Decisis and the Lessons of History (2010); Historical American Perspectives on International Law (2009); The American Challenge to International Law: A Tentative Framework for Debate (2003).
My own writings, available here, include studies of the meaning of genocide and essays on women who worked as prosecutors, defense lawyers, and staff (no judges) at postwar trials in Nuremberg and Tokyo. “Women at Nuremberg” is a subject that many IntLawGrrls have addressed, not to mention many more posts on all aspects of international criminal law and international human rights law.