Important essays on myriad international law subfields in OUP book coedited by Professor Amann, “Arcs of Global Justice: Essays in Honour of William A. Schabas”

LONDON – Building on yesterday’s post about the magical London conference launching Arcs of Global Justice: Essays in Honour of William A. Schabas (Margaret M. deGuzman and Diane Marie Amann eds.), today’s post profiles the book itself, which, thanks to excellent assistance from John Louth, Blake Ratcliff, and their staff, has just been published by Oxford University Press. (The hardback may be ordered via OUP or Amazon, and the book’s also available on Kindle.)

Not least because Professor Schabas delivered two talks here at the University of Georgia School of Law in 2013, I’m very pleased to have coedited this volume with my colleague Meg. The concept, in our words:

Martin Luther King, Jr. once said ‘the arc of the moral universe is long, but it bends toward justice.’ Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor.

This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.

In all, the book includes 29 contributions by 35 academics, advocates, and jurists, as detailed in the table of contents below. Providing jacket-cover testimonials were Steven Kay QC, Philippe Sands QC, Professor and former Ambassador David Scheffer, and Judge Christine Van den Wyngaert. We hope that you’ll follow their recommendations and give these important, substantive essays a very good read.

Arcs of Global Justice:
Essays in Honour of William A. Schabas

Foreword by Diane Marie Amann and Margaret M. deGuzman, coeditors
Introduction: William Schabas: Portrait of a Scholar/Activist Extraordinaire by Roger S. Clark, Board of Governors Professor of Law, Rutgers University School of Law

Human Rights
Human Rights and International Criminal Justice in the Twenty First Century: The End of the Post-WWII Phase and the Beginning of an Uncertain New Era by M. Cherif Bassiouni (He died at age 79 in September, just weeks after he completed final changes on this essay; as posted, our conference included a memorial to him. At the time of his death, he was Emeritus Professor of Law, DePaul University College of Law; Honorary President, Siracusa Institute for Criminal Justice and Human Rights; and Honorary President, L’Association internationale de droit pénal.)
William Schabas, the Canadian Charter of Rights and Freedoms and International Human Rights Law by Justice Thomas A. Cromwell, Supreme Court of Canada, and Bruno Gélinas-Faucher, formerly a law clerk on that court and now a Cambridge PhD candidate
The International Convention on the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty by Emmanuel Decaux, Professor Emeritus, Université Paris 2 (Panthéon-Assas), and former President, Committee on Enforced Disappearances
The Politics of Sectarianism and its Reflection in Questions of International Law & State Formation in The Middle East by Kathleen Cavanaugh, Senior Lecturer at the Irish Centre for Human Rights, National University of Ireland Galway, and  Joshua Castellino, Professor of Law & Dean of the School of Law, as well as the Business School, at Middlesex University, London

Capital Punishment
International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change? by Sandra L. Babcock, Clinical Professor of Law at Cornell Law School and Faculty Director of the Cornell Center on the Death Penalty Worldwide
The UN Optional Protocol on the Abolition of the Death Penalty by Marc Bossuyt, Fellow at the Stellenbosch Institute for Advanced Study, Emeritus Professor of the University of Antwerp, Emeritus President of the Constitutional Court of Belgium, and former Chairman of the UN Commission on Human Rights
The Right to Life and the Progressive Abolition of the Death Penalty by Christof Heyns, formerly the UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2010 through 2016, and now a member of the UN Human Rights Committee and Professor of Human Rights Law at the University of Pretoria, Thomas Probert, Research Associate, Centre of Governance & Human Rights, University of Cambridge, and Tess Borden, Aryeh Neier Fellow at Human Rights Watch and the American Civil Liberties Union, and former researcher for the UN Special Rapporteur on extrajudicial, summary or arbitrary execution
Progress and Trend of the Reform of the Death Penalty in China by Zhao Bingzhi, Dean of the College for Criminal Law Science of Beijing Normal University, President of the Criminal Law Research Association of China, Vice-President of the International Association of Penal Law, and President of that association’s Chinese National Group

International Criminal Law
Criminal Law Philosophy in William Schabas’ Scholarship by Margaret M. deGuzman, Professor of Law at Temple University’s Beasley School of Law
Is the ICC Focusing too Much on Non-State Actors? by Frédéric Mégret, Associate Professor and Dawson Scholar, Faculty of Law, McGill University
The Principle of Legality at the Crossroads of Human Rights and International Criminal Law by Shane Darcy, Senior Lecturer at the Irish Centre for Human Rights, National University of Ireland Galway
Revisiting the Sources of Applicable Law Before the ICC by Alain Pellet, Emeritus Professor at the University of Paris Nanterre, former Chairperson of the UN International Law Commission, President of the French Society for International Law, Member of the Institut de droit international, as well as Counsel and Advocate before the International Court of Justice, the International Tribunal for the Law of the Sea, and other forums
The ICC as a Work in Progress, for a World in Process by Mireille Delmas-Marty, Member, Institut de France, and Professor Emerita, Collège de France de Paris
Legacy in International Criminal Justice by Carsten Stahn, Professor of International Criminal Law and Global Justice, Leiden University
Torture by Private Actors and ‘Gold Plating’ the Offence in National Law: An Exchange of Emails in Honour of William Schabas by Andrew Clapham, Professor of Public International Law at the Graduate Institute of International and Development Studies in Geneva, and Paola Gaeta, Professor of International Law and International Criminal Law at the Graduate Institute of International and Development Studies, Geneva

Genocide and Crimes Against Humanity
Secrets and Surprises in the Travaux Préparatoires of the Genocide Convention by Hirad Abtahi, First Legal Adviser, Head of the Legal and Enforcement Unit, at the Presidency of the International Criminal Court, and Philippa Webb, Reader (Associate Professor) in Public International Law at King’s College London and a barrister at 20 Essex Street Chambers
Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity by Jérémie Gilbert, Professor of International and Comparative Law, University of East London
Crimes Against Humanity: Repairing Title 18’s Blind Spots by Beth Van Schaack, Leah Kaplan Visiting Professor in Human Rights at Stanford Law School and Visiting Scholar at the Center for International Security & Cooperation at Stanford University
A New Global Treaty on Crimes Against Humanity: Future Prospects by Leila Nadya Sadat, James Carr Professor of International Criminal Law and Director of the Whitney R. Harris World Law Institute at Washington University School of Law, Special Adviser to the ICC Prosecutor on Crimes Against Humanity, and Director of the Crimes Against Humanity Initiative

Transitional Justice and Atrocity Prevention
Justice Outside of Criminal Courtrooms and Jailhouses by Mark A. Drumbl, Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington and Lee University School of Law
Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone by Charles Chernor Jalloh, Professor of Law, Florida International University, and a member of the International Law Commission
International Criminal Tribunals and Cooperation with States: Serbia and the provision of evidence for the Slobodan Milosevic Trial at the ICTY by Geoffrey Nice QC, a barrister since 1971, formerly at the International Criminal Tribunal for the Former Yugoslavia, and Nevenka Tromp, Lecturer in East European Studies at the University of Amsterdam and former member of the ICTY Leadership Research Team
The Arc toward Justice and Peace by Mary Ellen O’Connell, the Robert and Marion Short Chair in Law at the University of Notre Dame Law School
The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Co-operation between the UN and regional Arrangements by Adama Dieng, UN Under-Secretary-General and Special Adviser on the Prevention of Genocide, as well as former Registrar of the International Criminal Tribunal for Rwanda and former Secretary-General of the International Commission of Jurists

Justice in Culture and Practice
Law and Film: Curating Rights Cinema by Emma Sandon, Senior Lecturer in Film and Television at Birkbeck, University of London, and a Research Fellow to the Chair for Social Change, University of Johannesburg
The Role of Advocates in Developing International Law by Wayne Jordash QC, international human rights and humanitarian lawyer and founding partner of Global Rights Compliance
Bill the Blogger by Diane Marie Amann, Emily and Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law

(Cross-posted from Diane Marie Amann)

Optimism about “Arcs of Global Justice” at London launch of Professor Amann’s coedited OUP essay collection honouring William A. Schabas

LONDON – “Optimism” was the byword for Friday’s magical conference launching Arcs of Global Justice: Essays in Honour of William A. Schabas, the just-published Oxford University Press collection coedited by Margaret M. deGuzman and myself.

The event took place in a Christmas-tree-lighted conference room at 9 Bedford Row, the London chambers where our honouree, Bill Schabas (above center), is a door tenant.

Professor Schabas is well known at the University of Georgia. During a 2013 visit to the Athens campus, he presented “The Drafting and Significance of the Universal Declaration of Human Rights,” the opening chapter of a then-forthcoming treatise, as part of the International Law Colloquium, a University of Georgia School of Law course. Additionally, Bill gave a public lecture entitled “Human Rights and Culture,” cosponsored by the law school and by the university’s Willson Center for Humanities & Arts.

At Friday’s London launch, Bill and his wife, Penelope Soteriou, were joined by several of the 35 women and men whose 29 contributions comprise the volume, many friends, colleagues, PhD students, and relatives.

Gillian Higgins (left), Head of the International Practice Group at 9 Bedford Row, opened with a warm message of welcome and congratulations. Then followed a celebration that combined lighthearted anecdotes with serious presentations of scholarship. Topics ranged as far and wide as Schabas’ multifaceted career, which includes current appointments as Professor of International Law at Middlesex University, London, Professor of International Criminal Law and Human Rights at Leiden University, and Emeritus Professor of Human Rights Law and Honorary Chairman of the Irish Centre for Human Rights, National University of Ireland Galway; service as a member of the Sierra Leone Truth and Reconciliation Commission and as a consultant on capital punishment for the United Nations Office of Drugs and Crime; and authorship of hundreds of books, chapters, and articles.

A sobering moment came in Birkbeck Lecturer Emma Sandon‘s discussion of Schabas’ role as an organizer of and speaker at human rights film festivals. Sandon (above) concluded with a clip from Judgment at Nuremberg (1961). All fell silent while watching the characters in the video courtroom watch actual footage from the Allied liberations of concentration camps like Buchenwald.

Also moving was the memorial that Northwestern University Law Professor David Scheffer gave on behalf of contributor Cherif Bassiouni, who died at age 79 in September, not long after finishing his chapter, entitled “Human Rights and International Criminal Justice in the Twenty-First Century: The End of the Post-WWII Phase and the Beginning of an Uncertain New Era.” (Bassiouni also penned a dedication for our conference programme, available in PDF here.) Scheffer described the essay in light of his own and Schabas’ writings, and concluded on a optimistic note regarding the future of human rights.

That same note sounded in Schabas’ own interventions throughout the day. On issues ranging from the International Criminal Court to abolition of the death penalty, he assured his audience that even in these times, when the day-to-day “weather” may seem grim, the overall “climate” offers much room for optimism.

Here’s order of the day (full PDF programme here; additional contributors in attendance included Middlesex Law Dean Joshua Castellino and Cambridge PhD candidate Bruno Gélinas-Faucher):

Arcs of Global Justice:
Conference Launching Essay Collection in Honour of William A. Schabas
Friday, 8 December 2017, 9 Bedford Row, London

Opening
“Welcome” by Gillian Higgins, Head of the International Practice Group at 9 Bedford Row
“In Memoriam for Cherif Bassiouni” by David Scheffer, Mayer Brown/Robert A. Helman Professor of Law and Director of the Center for International Human Rights at Northwestern University Pritzker School of Law, Chicago
“Introduction to Arcs of Global Justice” by coeditors Diane Marie Amann and Margaret M. deGuzman

International Law & Criminal Justice
“The Principle of Legality at the Crossroads of Human Rights & International Criminal Law” by Shane Darcy, Senior Lecturer at the Irish Centre for Human Rights, National University of Ireland Galway
“Criminal Law Philosophy in William Schabas’s Scholarship” by Margaret M. deGuzman, Professor of Law at Temple University’s Beasley School of Law
“Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity” by Jérémie Gilbert, Professor of International and Comparative Law, University of East London
“Toward Greater Synergy between Courts & Truth Commissions in Post-Conflict Context: Lessons from Sierra Leone” by Charles Chernor Jalloh, Professor of Law, Florida International University, and a member of the International Law Commission
Moderator: Kathleen Cavanaugh, Senior Lecturer at the Irish Centre for Human Rights, National University of Ireland Galway

Justice / Scholarship / Culture / Practice
“Bill the Blogger” by Diane Marie Amann, Emily and Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law
“Advocates, Scholars & Maintaining the International Criminal Law Momentum” by Wayne Jordash QC, international human rights and humanitarian lawyer and founding partner of Global Rights Compliance
“Law & Film: Curating Rights Cinema” by Emma Sandon, Senior Lecturer in Film and Television at Birkbeck, University of London, and a Research Fellow to the Chair for Social Change, University of Johannesburg
Moderator: Michelle Farrell, Senior Lecturer in Law in the School of Law and Social Justice, University of Liverpool

Abolition of the Death Penalty
“International Law & the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?” by Sandra L. Babcock, Clinical Professor of Law at Cornell Law School and Faculty Director of the Cornell Center on the Death Penalty Worldwide
The Right to Life & the Progressive Abolition of the Death Penalty by Thomas Probert, Research Associate, Centre of Governance & Human Rights, University of Cambridge (on behalf of himself & co-authors Christof Heyns & Tess Borden)
Moderator: Jon Yorke, Professor of Human Rights and Director of the Centre for Human Rights at Birmingham City School of Law

Closing
Introduction by John Louth, Editor-in-Chief of Academic Law at Oxford University Press
Remarks by William A. Schabas OC MRIA

Reception

With thanks to our host, 9 Bedford Row, & cosponsor, Oxford University Press

◊ ◊ ◊

Cross-posted at Diane Marie Amann. Tomorrow’s post: Details on Arcs of Justice: Essays in Honour of William A. Schabas (Margaret M. deGuzman and Diane Marie Amann, eds.) (OUP 2018) (The hardback may be ordered via OUP or Amazon, and the book’s also available on Kindle.)

Law Hawk rules at Georgia Law

Morning here at Dean Rusk Hall began with some spectacular swoops by Law Hawk.

For years, Law Hawk has stood guard at the University of Georgia School of Law. Seeing her is a good and awesome omen. As reported in 2012 by Red & Black, the university’s student newspaper:

“Law Hawk has unofficially been identified as a female, broad-winged hawk that spends most of her days perched in the dogwood trees outside the Law Library window on North Campus.”

This morning she explored the law school’s Dean Rusk Hall. The video above, by Administrative Assistant Nikki Clarke, finds Law Hawk first on a railing outside, then in full-wingspan flight. Moments later, she rose from the ivy grounds, startling an unsuspecting passerby.

Law Hawk’s appearances have generated her own Facebook page, plus a fearsome catchphrase:

“Ever vigilant. Never reckless. Always deadly.”

Oh, and did we mention our owl?

At the centenary of chemical warfare, a visit to Flanders’ WWI battlefields

YPRES, Belgium – Beautiful vistas and bright sunlight cannot blind the visitor to the pain of this place.

This place is Flanders Fields, the name given to the part of west Belgium, close to the French border, that saw intense battles and horrendous casualties during World War I. This town – Ypres in French and Ieper in Flemish, but called “Wipers” by British WWI soldiers – played a central role. So too nearby Passchendaele/Passendale. Both towns were leveled, and like many in the region, were rebuilt in the old manner after the war ended.

During the war, upwards of half a million persons died in this area alone.

Our visit to Flanders Fields occurred on the 4th of July. Memories linger, and were sparked again by today’s commemoration of the 100th anniversary of the 1st large-scale use, in Ypres, of chemical weapons; mustard gas, to be precise. It was the 3d compound to be attempted, after chlorine and phosgene proved less reliable as lethal weapons, according to our tour guide, Raoul Saracen, a retired history teacher. Initial efforts to fight back against chemicals also were crude: before the development and widespread distribution of gas masks, Canadian troops resorted to breathing through kerchiefs soaked in ammonia-rich urine.

The cruelty of chemical warfare did not stop its use. Recording other places where chemicals have been used was a signpost in Langemark, the cemetery where German soldiers (including several with whom I share a surname) are buried. Tokyo, Japan, Halabja, Iraq, and Ghouta, Syria, receive mention, though more recent gassing sites in that last country have yet to be added.

The thousands of headstones in the many Flanders Fields cemeteries of course give pause. So too the cramped trenches, still on display at Sanctuary Wood Museum.

Yet it was a different site that stole my breath – the “dressing station,” a kind of field hospital, at Essex Farm Cemetery. The station’s cement-bunker cells were small, dark, and saddening, a truly concrete reminder of the scourge of war.

(Cross-posted)

 

Georgia Law 3L Chanel Chauvet begins term as Student President of International Law Students Association

Chanel Chauvet, a Dean Rusk International Law Center Student Ambassador and member of the J.D. Class of 2018 at the University of Georgia School of Law, has turned to social media to reach the global membership of the International Law Students Association, whom she now serves as 2017-18 Student President.

In the YouTube video above, she offers her

“deepest gratitude for the confidence that the International Law Student Association chapters all around the world have placed in me and members of my administration.”

That team of student officers were elected earlier this year by vote of the chapters. Chanel adds:

“I would also like to thank the faculty at the University of Georgia School of Law and my family for their support.”

Also thanked were predecessor presidents, among them Kaitlin Ball, who earned her Georgia Law J.D. in 2014 and is now a Ph.D. candidate in the Department of Politics & International Studies at the University of Cambridge, England. They are the 2d and 3d Georgia Law students to hold the position; also leading ILSA while a student was Richard Alembik (JD’91).

My student in a number of international law classes and a presenter at Georgia Law’s IntLawGrrls conference last spring, Chanel is working this summer as a Legal Fellow at CARE headquarters in Atlanta. Last summer, she earned a Certificate in International Humanitarian Law at Leiden Law School’s Grotius Centre in The Hague, Netherlands. Prior Exchange of Notes blog posts by or about her are here.

Her ILSA statement looks forward in particular to ILSA’s 2 signature events, the International Law Weekend set for October 19-21 in New York, and the Philip C. Jessup International Moot Court Competition, final rounds of which will occur in April 2018 in Washington, D.C.

¡Brava!

“International Law and Global Governance in a Turbulent World” to be explored at Georgia Law-Leuven Centre conference, June 29 in Belgium

“International Law and Global Governance in a Turbulent World” is the title of the daylong conference we’ll be co-presenting later this month at the University of Leuven in Belgium.

Set for Thursday, June 29, 2017, the conference will be held in Auditorium Zeger Van Hee at Leuven’s College De Valk (Law School, pictured below), Tiensestraat 41, Leuven. It is free and open to the public; register no later than June 27 here.

The conference also is a component of the Global Governance Summer School that we at the Dean Rusk International Law Center, University of Georgia School of Law, are presenting in partnership with the Leuven Centre for Global Governance Studies at the University of Leuven. Co-Directors are Georgia Law Associate Dean Diane Marie Amann and the Leuven Centre’s Director, Law Professor Jan Wouters. (prior post) Applications for the summer school are still being accepted here.

Here’s the June 29 conference concept:

“This conference aims to discuss some of the main challenges faced by contemporary international law and global governance in a time of crises. The conference starts with an exploration of the main challenges inherent to the enforcement of universal values such as human rights. Unlike in many other fields, legal standards are well-established and are the object of a broad, sometimes even universal consensus. Yet, not a single day passes without more of less grave violations of such standards in one or the other part of the world. The conference will then also focus on the difficulties to come up with a consensus on the rule of law at the global level. Starting from an analysis of the diversity in the ways the rule of law has been understood across time and geography, the conference will address some of the main challenges to the rule of law within the European Union and at the United Nations level. Finally the conference will also address the risks for the emergence of trade wars in a context of rising protectionism. Questions such as the future of multilateral and bilateral trade agreements will be discussed in light of the changes in the US foreign trade policy and the rising skepticism of citizens vis-à-vis further liberalization of international trade.”

These issues will be explored within the following framework:

  • Panel 1: Global Governance of Human Rights. How to enforce universal values in contested world?
  • Panel 2: Global Governance of Democracy and Rule of Law in international perspective.
  • Panel 3: Global Economic and Trade Governance in Protectionist Times. Will we see the emergence of trade wars in the coming years?

A transatlantic array of speakers will take part. Confirmed so far are Georgia Law Professors Diane Marie Amann and Harlan G. Cohen, and from Leuven, Anna-Luise Chané and Dr. Matthieu Burnay, along with scholars from numerous other institutions: Dr. Tom Pegram, University College London, England; Dr. Katrien Meuwissen, European Association of National Human Rights Institutions; Professor Daniela Piana, University of Bologna, Italy; Professor Petra Bard, Central European University, Budapest, Hungary; Professor Laurent Pech, Middlesex University, London, England; Professor Miles Kahler, American University School of International Service, Washington, D.C.; Professor John Kirton, University of Toronto Munk School of Global Affairs, Canada; and Mr. Tomas Baert, Head of Unit, Trade Strategy, European Commission, Brussels, Belgium.

We hope to see you there; more information here and here.

Cohen publishes article on political question doctrine in wake of Zivotofsky

Harlan Grant Cohen, the Gabriel N. Wilner/UGA Foundation Professor in International Law here at the University of Georgia School of Law, has published an article examining the U.S. political question doctrine in light of recent Supreme Court litigation in Zivotofsky, which arose out of the request by U.S. citizens that their child, born in Jerusalem, be issued a passport designating “Israel” as the child’s birthplace. Entitled “A Politics-Reinforcing Political Question Doctrine,” Professor Cohen’s article appears at 49 Arizona State Law Journal 1 (2017).

The manuscript, which forms part of our Dean Rusk International Law Center Research Paper Series at SSRN, may be downloaded at this SSRN link.

Here’s the abstract:

“The modern political question doctrine has long been criticized for shielding the political branches from proper judicial scrutiny and allowing the courts to abdicate their responsibilities. Critics of the doctrine thus cheered when the Supreme Court, in Zivotofsky I, announced a narrowing of the doctrine. Their joy though may have been short-lived. Almost immediately, Zivotofsky II demonstrated the dark side of judicial review of the separation of powers between Congress and the President: deciding separations of powers cases may permanently cut one of the political branches out of certain debates. Judicial scrutiny in a particular case could eliminate political scrutiny in many future ones.

“A return to the old political question doctrine, with its obsequious deference to political branch decisions, is not the answer. Instead, what is needed is a politics-reinforcing political question doctrine that can balance the need for robust review with the desire for robust debate. The uncertain boundaries between the political branches’ overlapping powers create space for political debate. Their overlapping powers allow different groups to access the political system and have a voice on policy. Deciding separation of powers questions once-and-for-all can shut off those access points, shutting down political debate. A politics-reinforcing political question doctrine preserves the space in the political system for those debates by turning the pre-Zivotofsky political question doctrine on its head. Whereas the pre-Zivotofsky political question suggested abstention when the branches were in agreement and scrutiny when they were opposed, a politics-reinforcing political question doctrine suggests the opposite, allowing live debates to continue while scrutinizing political settlements. In so doing, it brings pluralism and politics back into the political question analysis, encouraging democracy rather than deference.”