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.
|
|
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.
|
|
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.
President Barack Obama is appointing Georgia Law alumnus James K. Reap to the U.S. Department of State Cultural Property Advisory Committee, according to a White House announcement issued Friday.
Reap, a Professor in the University of Georgia College of Environment + Design and affiliated faculty member of the university’s African Studies Institute, is a globally renowned expert on issues of cultural property and the protection of cultural heritage amid armed conflict and similar threats. He coordinates the university’s Master’s degree in Historic Preservation, as well as the dual J.D./M.H.P. Reap frequently takes part in initiatives of our Dean Rusk International Law Center; indeed, he’ll serve as an expert at this week’s Georgia Law-International Committee of the Red Cross conference entitled “Humanity’s Common Heritage: The 2016 Commentary on the First Geneva Convention.”
The many professional activities of Reap, a former Fulbright Scholar, include leadership positions in the International Council of Monuments and Sites, as well as the Lawyers’ Committee for Cultural Heritage Preservation and the U.S. Committee of the Blue Shield. He’s been active on preservation issues in Eastern and Southern Europe, Central Asia, Africa and the Middle East, and the Caribbean.
Humanity’s Common Heritage – norms codified in international humanitarian law treaties to which all countries of the world belong – will be the topic of a conference this Friday, September 23, at the University of Georgia School of Law in Athens, Georgia.
The conference title derives from this observation about those treaties, the four 1949 Geneva Conventions, by Peter Maurer, President of the International Committee of the Red Cross:
“We know that the values that found expression in the Geneva Conventions have become an essential part of our common heritage of humanity, as growing numbers of people around the world share a moral and legal conviction in them. These contradicting realities challenge us to act: to react to the suffering and violations of the law, and to prevent them from occurring in the first place.”
At the core of this daylong event will be the Commentaries on which the ICRC is now working. Published online earlier this year was the initial Commentary, covering the Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, as well as the articles common to all 4 Conventions. (Prior posts here, here, and here.) Experts will examine this 2016 Commentary and its role in the development, promotion, and implementation of contemporary international humanitarian law.
We’re honored that the Georgia Law alumnus leading that project, Geneva-based ICRC legal adviser Jean-Marie Henckaerts (LLM 1990), will keynote our conference, and also that the ICRC is cosponsoring the conference, along with our Center and our Georgia Journal of International & Comparative Law. This student-run review, which celebrates its 45th anniversary this year, will publish papers by the assembled experts and Georgia Law student rapporteurs.
Dr. Henckaerts will be part of a public panel from 9:15 a.m.-12 noon in Georgia Law’s Hatton Lovejoy
Courtroom. Speaking in that morning session will be: Oxford Law Professor Dapo Akande; Emory Law Professor Laurie R. Blank; Major-General Blaise Cathcart, Judge Advocate General of the Canadian Armed Forces; New York University Law Professor Ryan Goodman; and
moderator Diane Marie
Amann, Associate Dean for International Programs & Strategic Initiatives and Emily & Ernest Woodruff Chair in International Law at Georgia Law, and also the International Criminal Court Prosecutor’s Special Adviser on Children in & affected by
Armed Conflict.
Joining them in closed sessions during the afternoon will be additional international humanitarian law experts experts: Georgia Law Professor Harlan G. Cohen; Houston College of Law Professor Geoffrey S. Corn; American University Law Professor Jennifer Daskal; Jonathan Davis, a University of Georgia international affairs graduates and U.S. Department of State Attorney-Advisor; Kathleen A. Doty, our Center’s Director of Global Practice Preparation; Julia Grignon, Université Laval Law; Rutgers Law Professor Adil Haque; Christopher Harland, Legal Adviser at the ICRC’s Washington, D.C., office; Eric Jensen, U.S. Department of Defense; Michael Meier, U.S. Army Judge Advocate General Corps; Naz K. Modirzadeh, Harvard Law; Nicholas W. Mull, U.S. Marine Corps Judge Advocate General Corps (ret.); Vanderbilt Law Professor Michael A. Newton; Sasha Radin, U.S. Naval War College; Professor James K. Reap (JD 1976) of the University of Georgia, who’s just been named to the State Department’s Cultural Property Advisory Committee; Georgia State Law Professor Shana Tabak; and Creighton Law Professor Sean Watts.
Full description and details about the conference here.

This Spring 2016 photo depicts Pedro Dorado, our Center Fellow, who earned his LLM in 2015 and is a candidate for the Georgia Law JD degree in 2017, and 4 of our Student Ambassadors. At left are Danielle Glover and Taryn Arbeiter, both now 2Ls; at right are Chanel Chauvet, now a 2L, and Olga Gambini, who earned her Georgia Law LLM in 2014 and JD in 2016.
Very pleased that our Dean Rusk International Law Center is featured in the just-released Advocate, the annual magazine of the University of Georgia School of Law. Highlights of the volume include the May 2016 commencement address of alumna Sally Yates, now Deputy Attorney General of the United States, and much more. The article recounting our 2015-16 achievements – “Center undergoes exciting changes” – appears at page 24, along with a version of the photo above. It’s reprinted here in full.
Georgia Law’s 38-year-old Dean Rusk International Law Center continues to expand its collaborative efforts and increase opportunities for both students and faculty to focus on global legal issues.
Led by Associate Dean for International Programs and Strategic Initiatives & Woodruff Chair in International Law Diane Marie Amann, the center itself has a new, modernized look that also acknowledges the rich history of international scholars who have greatly influenced the direction of the law school. Artwork is a focal point, including portraits of former U.S. Secretary of State and Sibley Professor of International Law Emeritus Dean Rusk, the center’s namesake, and the inaugural holder of the Woodruff Chair in International Law, Louis B. Sohn, namesake of the center’s Sohn Library on International Relations.
At an October rededication ceremony, Kannan Rajarathinam (LL.M.’88), who serves as head of office for the United Nations Assistance Mission for Iraq, delivered a keynote address titled “The United Nations at 70: Pursuing Peace in the 21st Century.”
New to the center this year are Director of Global Practice Preparation Kathleen A. Doty, Administrative Assistant Martica Marín and Executive Administrator Elena Williams. They join Amann and Director of International Professional Education Laura Tate Kagel (J.D.’06). Assisting them are second-year student Pedro Dorado, the Dean Rusk International Law Center Fellow, and about one dozen other student ambassadors, who provide research and other support.
In addition to hiring new staff, the center broadened its adviser base. The Dean Rusk International Law Center Council, comprising faculty, alumni/alumnae and counselors, includes lawyers practicing in a variety of international and transnational law subfields throughout the world.
Center initiatives include study abroad in Europe and opportunities to obtain practice experience through the Global Externship At-Home and Global Externship Overseas. GEA offers placements within the United States in legal departments, government offices and nongovernmental organizations, while GEO offers summer placements in a variety of law-office settings around the world.
Numerous events are planned for the 2016–17 academic year. Among them is a Sept. 23 conference – sponsored by the center, the Georgia Journal of International & Comparative Law and the International Committee of the Red Cross – at which experts will examine the new Geneva Convention Commentary edited by ICRC Legal Advisor Jean-Marie Henckaerts (LL.M.’90).
Sports doping is much in the news with the start of the Olympics and Paralympics at Rio de Janeiro, Brazil. Numerous commentators call for stricter regulations; staking out a different position is Georgia Law Professor Lisa Milot, formerly a high-level junior cyclist and now a scholar on law and performance-enhancing drugs. In a Vice Sports article by Patrick Hruby entitled “The Drugs Won: The Case for Ending the Sports War on Doping,” Milot says:
“Athletes are risk-takers. There’s no way to get to the international level of sports without being willing to put your body on the line on a regular basis.”
The article discusses Milot’s position, advanced in her 2014 article “Ignorance, Harm, and the Regulation of Performance-Enhancing Substances,” published in the Harvard Journal of Sports & Entertainment Law. She argues that regulators should concentrate on reducing the harm from substances, rather than banning them altogether. She tells Hruby:
“What we should be doing now is gathering information in order to understand how these substances work on healthy bodies. Focusing on that, rather than punishment.”
On punishment, current news indicates that even international organizations charged with regulating global sports appear to disagree:
► The Montreal-based World Anti-Doping Agency, “established in 1999 as an international independent agency composed and funded equally by the sport movement and governments of the world,” issued a report calling for a blanket ban on Russian athletes at the Olympic Games, which opened Friday and go through August 21.
► The International Olympics Committee, the 122-year-old organization headquartered in Lausanne, Switzerland, has taken a much more measured approach, banning some but by no means all such athletes.
► The International Paralympic Committee, based in Bonn, Germany, banned Russia’s team en masse from its event, set to begin on September 7, no long after the Olympic Games wrap up.
► Meanwhile, athletes from a host of countries have been cited for positive drug tests, or tarred with suspicion that their achievements have been chemically enhanced.
This tangle makes both Hruby’s article and Milot’s scholarship must-reads.
Very pleased to announce that papers from a Georgia Law conference “Children & International Criminal Justice” have just been published by our Georgia Journal of International & Comparative Law.
The conference was cosponsored by Dean Rusk International Law Center and the Georgia Law Project on Armed Conflict & Children, as well as the university’s African Studies Institute, the Planethood Foundation, and the American Society of International Law-Southeast.
About 2 dozen experts came to Athens, Georgia, from as far as Doha and Kinshasa, to discuss the topic at hand. In so doing, they assisted in the preparation of the International Criminal Court Office of the Prosecutor Policy on Children. As detailed in recent posts, available here and here, the public comment period for the draft of that Policy continues through August 5, 2016, with launch of the final document set for mid-November.
A keynote speech by ICC Prosecutor Fatou Bensouda (at right) highlighted our conference, and the text of her speech headlines the edition. Other writings link the work of the ICC to the 1989 Convention of the Rights of the Child, examine the experiences of children in armed conflict and similar situations. Student rapporteurs’ accounts of expert breakout sessions additionally treat a range of issues. All these papers contributed significantly to the Policy process.
The edition concludes with students’ notes apart from the conference; one of these, for which I was honored to serve as faculty adviser, examines the issue of child marriage.
Here, in full, is the table of contents for Volume 43, issue 3, with PDF links to each article:
Children and International Criminal Justice Conference
“Convening Experts on Children and International Criminal Justice,” by yours truly, Diane Marie Amann (above, at left), Associate Dean for International Programs & Strategic Initiatives and Emily & Ernest Woodruff Chair in International Law, and also Prosecutor Bensouda’s Special Adviser on Children in & affected by Armed Conflict
“Children and International Criminal Justice,” by Fatou Bensouda (above, at right), Prosecutor of the International Criminal Court
“Maturing Justice: Integrating the Convention on the Rights of the Child into the Judgments and Processes of the International Criminal Court,” by Linda A. Malone (right), Marshall-Wythe Foundation Professor of Law and Founding Director of the Human Security Law Center, William & Mary Law School
“Children, Armed Violence and Transition: Challenges for International Law & Policy,” by Mark Drumbl (left), Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute at Washington & Lee University School of Law
“Child Protection in Times of Conflict and Children and International Criminal Justice,” by Kerry L. Neal
(right), Child Protection Specialist, Justice for Children, UNICEF, New York
“Expert Workshop Session: Regulatory Framework,” by Ashley Ferrelli, Eric Heath, Eulen Jang, and Cory Takeuchi (all Georgia Law graduates, who were members of GJICL)
“Expert Workshop Session: Child Witnesses: Testimony, Evidence, and Witness Protection,” by Chelsea Swanson, Elizabeth DeVos, Chloe Ricke, and Andy Shin (now Georgia Law graduates, all then were members of GJICL)
“Expert Workshop Session: The Global Child,” by Haley Chafin, Jena Emory, Meredith Head, and Elizabeth Verner (all Georgia Law graduates, who were members of GJICL)
Student Notes
“Changing the Game: The Effects of the 2012 Revision of the ICC Arbitration Rules on the ICC Model Arbitration Clause for Trust Disputes,” by Colin Connor
“Water, Water Everywhere, But Just How Much is Clean?: Examining Water Quality Restoration Efforts Under the United States Clean Water Act and the United States-Canada Great Lakes Water Quality Agreement,” by Jill T. Hauserman
“REACHing for Environmental and Economic Harmony: Can TTIP Negotiations Bridge the U.S.-EU Chemical Regulatory Gap?,” by Ashley Henson
“Child Marriage in Yemen: A Violation of International Law,” by Elizabeth Verner
(Cross-posted from Diane Marie Amann)