Global Governance Summer School visits the Hague Conference on Private International Law & museum

THE HAGUE — Students spent their second day in The Hague engaged in a mix of legal and cultural excursions.

Students spent the morning meeting with lawyers from the Hague Conference on Private International Law. There, they were treated to an overview of the world organization responsible for cross-border cooperation in civil and commercial matters. Students met with Laura Martinez-Mora, Secretary of the Permanent Bureau, and Frédéric Breger, Legal Officer (left). They provided an introduction to the history and structure of the HCCH, and provided a detailed overview of some of its many conventions, which cover topics including: family law matters such as child abduction, intercountry adoption, child protection, and maintenance obligations; forum selection as other procedural issues such as choice of court, taking evidence abroad, service abroad, and apostille. Finally, they touched upon the newly concluded Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which Dean Peter B. “Bo” Rutledge, raised during his session on international dispute resolution in Leuven last week. Students were interested to hear about the treaty-making process, as well as the aspects of the treaties, particularly those covering family law, that reinforced human rights treaties, such as the Convention on the Rights of the Child.

From left, Ayman Tartir, Steven Miller, Gamble Baffert, Charles Wells, Emily Snow, Holly Stephens, Lauren Taylor, Briana Blakely, Jessica Parker, and Kathleen Doty.

 

In the afternoon, the group visited Escher in Het Paleis, the museum dedicated to M.C. Escher, set in Queen Emma’s winter palace. There, students took in masterpieces, and thoroughly enjoyed the interactive top floor of the museum. Everyone’s inner child came out to play!

Tomorrow, students will visit the International Court of Justice and the International Criminal Court before concluding the 2019 Global Governance Summer School.

 

Georgia Law Professor Amann speaks on accountability at Save the Children-Chatham House London conference

“Justice for Children in Conflict” is the title of a panel on which Professor Diane Marie Amann spoke last week in London, England, as part of a centenary symposium on children and armed conflict cosponsored by Save the Children and the Royal Institute of International Affairs, the latter more commonly known as Chatham House.

Amann (2d from left above) is the Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia School of Law. Since 2012, she has served as the Special Adviser to International Criminal Court Prosecutor Fatou Bensouda on Children in & affected by Armed Conflict – service that included assisting in the research and drafting of the ICC Office of the Prosecutor Policy on Children (2016).

Aspects of the Policy were a focus of Amann’s talk in London last Tuesday. Asked by moderator Veronique Aubert, Senior Conflict & Humanitarian Policy & Research Advisor for Save the Children (at left above), to name the root causes of the deficit in accountability for international crimes against and affecting children, Amann cited matters like evidence-gathering and witness protections, but stressed absence of political will to prevent and punish such crimes.

Other speakers included (from center to right) Shaheed Fatima QC, a barrister at Blackstone Chambers, Jessica Gladstone, a partner at Clifford Chance LLP, and Salah Uddin, International Campaign Officer for the British Rohingya Community. The panel was one of several throughout the day’s events, held at Church House, Westminster.

 

Drawing links between initiatives to increase protection of children during armed conflict & similar violence


“‘Protecting Children’: A Welcome Addition to Efforts to Redress Wartime Harms,” an essay I published yesterday at Just Security, underscores connections among a number of recent initiatives related to children and armed conflict.

The essay welcomes Protecting Children in Armed Conflict (Hart Publishing 2018), the 600-page report of the 2017 Inquiry on Protecting Children in Armed Conflict spearheaded by Gordon Brown, former British Prime Minister and current UN Special Envoy for Global Education. (I served on the Inquiry’s Advisory Panel.)

Leading a team of researchers was Shaheed Fatima QC, a barrister at London’s Blackstone Chambers, who spoke on this work at the International Law Weekend panel last month. (prior post here) My Just Security essay offers a detailed description and favorable critique of this research, noting the work’s connections with what the UN Security Council terms the “Six Grave Violations against Children in Armed Conflict.”

The essay further draws links between this work and the 2016 International Criminal Court Office of the Prosecutor Policy on Children, which I had the honor of helping to prepare in my ongoing service as ICC Prosecutor Fatou Bensouda’s Special Adviser on Children in & affected by Armed Conflict. (prior post here) The essay points to “the complementary potential of these and other initiatives,” and concludes:

Together, they may advance two essential goals: first, to articulate norms prohibiting wartime harms against children; and second, to secure redress for any such harms that occur.

My Just Security essay is here. It is part of a miniforum which began with a post last week jointly authored by Fatima and Brown, available here. The Just Security series will continue with forthcoming posts by Sarah Knuckey (Columbia Law), Alex Moorehead (Columbia Law), and Alex Whiting (Harvard Law).

(Cross-posted from Diane Marie Amann)

Accountability for harms to children during armed conflict discussed at Center-sponsored ILW panel

NEW YORK – Ways to redress offenses against children during armed conflict formed the core of the panel that our University of Georgia School of Law Dean Rusk International Law Center sponsored last Friday at International Law Weekend, an annual three-day conference presented by the American Branch of the International Law Association and the International Law Students Association. I was honored to take part.

► Opening our panel was Shaheed Fatima QC (top right), a barrister at Blackstone Chambers in London, who led a panel of researchers for the Inquiry on Protecting Children in Conflict, an initiative chaired by Gordon Brown, former United Kingdom Prime Minister and current UN Special Envoy for Global Education.

As Fatima explained, the Inquiry focused on harms that the UN Security Council has identified as “six grave violations” against children in conflict; specifically, killing and maiming; recruitment or use as soldiers; sexual violence; abduction; attacks against schools or hospitals; and denial of humanitarian access. With regard to each, the Inquiry identified legal frameworks in international criminal law, international humanitarian law, and international human rights law. It proposed a new means for redress: promulgation of a “single instrument” that would permit individual communications, for an expressed set of violations, to the Committee on the Rights of the Child, the treaty body that monitors compliance with the Convention on the Rights of the Child and its three optional protocols. These findings and recommendations have just been published as Protecting Children in Armed Conflict (Hart 2018).

► Next, Mara Redlich Revkin (2d from left), a Ph.D. Candidate in Political Science at Yale University and Lead Researcher on Iraq and Syria for the United Nations University Project on Children and Extreme Violence.

She drew from her fieldwork to provide a thick description of children’s experiences in regions controlled by the Islamic State, an armed group devoted to state-building – “rebel governance,” as Revkin termed it. Because the IS sees children as its future, she said, it makes population growth a priority, and exercises its control over schools and other “sites for the weaponization of children.” Children who manage to free themselves from the group encounter new problems on account of states’ responses, responses that Revkin has found often to be at odds with public opinion. These range from the  harsh punishment of every child once associated with IS, without considering the extent of that association, to the rejection of IS-issued birth certificates, thus rendering a child stateless.

► Then came yours truly, Diane Marie Amann (left), Emily & Ernest Woodruff Chair in International Law here at the University of Georgia School of Law and our Center’s Faculty Co-Director. I served as a member of the Inquiry’s Advisory Board.

Discussing my service as the Special Adviser to the Prosecutor of the International Criminal Court on Children in and affected by Armed Conflict, I focused on the preparation and contents of the 2016 ICC OTP Policy on Children, available here in Arabic, English, French, Spanish, and Swahili. The Policy pinpoints the crimes against and affecting children that may be punished pursuant to the Rome Statute of the International Criminal Court, and it further delineates a “child-sensitive approach” to OTP work at all stages, including investigation, charging, prosecution, and witness protection.

► Summing up the conversation was Harold Hongju Koh (2d from right), Sterling Professor of International Law at Yale Law School and former Legal Adviser to the U.S. Department of State, who served as a consultant to the Inquiry.

Together, he said, the presentations comprised “5 I’s: Inquiry, Iraq and Syria, the ICC, and” – evoking the theme of the conference – “international law and why it matters.” Koh lauded the Inquiry’s report as “agenda-setting,” and its proposal for a means to civil redress as a “panda’s thumb” response that bears serious consideration. Koh envisaged that in some future administration the United States – the only country in the world not to have ratified the Convention on the Rights of the Child – might come to ratify the proposed new  protocol, as it has the optional protocols relating to children in armed conflict and the sale of children.

The panel thus trained attention on the harms children experience amid conflict and called for redoubled efforts to secure accountability and compensation for such harms.

(Cross-posted from Diane Marie Amann)

Center to sponsor “Inquiry on Protecting Children in Conflict” panel at annual International Law Weekend, October 19 in New York City

In support of International Law Weekend, a three-day conference of the American Branch of the International Law Association, the University of Georgia School of Law Dean Rusk International Law Center will sponsor a panel entitled “The Inquiry on Protecting Children in Conflict,” set for 3 p.m. Friday, October 19, in Room 2-02B, Fordham Law School, 150 West 62d Street, New York City.

To be discussed are findings and recommendations of the 2018 report of the Inquiry on Protecting Children in Conflict, an initiative chaired by Gordon Brown, former United Kingdom Prime Minister and current UN Special Envoy for Global Education. The Inquiry reviewed the adequacy and effectiveness of the child-protection frameworks set out in international criminal law, international humanitarian law, and international human rights law, and also proposed reforms aimed at enhancing accountability and deterring future atrocities. The report has just been in book form as Protecting Children in Armed Conflict (Hart 2018).

Panelists include:

  • Shaheed Fatima QC, Barrister, Blackstone Chambers, London (pictured above at right), who led the legal panel that compiled the Inquiry’s report.
  • Professor Harold Hongju Koh, Sterling Professor of International Law at Yale Law School (second from right), who served as a consultant to the Inquiry.
  • Mara Redlich Revkin, Ph.D. Candidate in Political Science at Yale University and Lead Researcher on Iraq and Syria for the United Nations University Project on Children and Extreme Violence (pictured at left).
  • Professor Diane Marie Amann, Emily & Ernest Woodruff Chair in International Law at the University of Georgia School of Law and our Center’s Faculty Co-Director (second from left). Amann, who serves as Special Adviser to the Prosecutor of the International Criminal Court on Children in and affected by Armed Conflict, is a member of the Inquiry’s Advisory Panel.

Another principal cosponsor of International Law Weekend, which constitutes the 97th annual meeting of the American Branch of the International Law Association, is the worldwide International Law Students Association, with which Georgia Law students’ International Law Society is affiliated.

Full program, other details, and registration here.

Global Governance Summer School: Hague briefings begin with International Criminal Court

THE HAGUE – Our 2018 Global Governance Summer School has moved to this Dutch capital for several days of briefings at international organizations devoted to securing accountability and reparations for violations of international law. Today centered on the International Criminal Court, a permanent organization that began operating at The Hague in 2002. Its founding charter, the Rome Statute of the ICC, was adopted 20 years ago this month.

Our Georgia Law students, who spent last week at the Leuven Centre for Global Governance Studies, first visited Leiden Law School‘s Hague campus, where two international lawyers – Niamh Hayes and Leiden Law Professor Joe Powderly – talked with them about a range of issues (left). These included the development of international criminal law, practical and academic career opportunities for young lawyers interested in the area, and the advantages gained by working in The Hague on the “inside” of international criminal law issues.

The rest of the day was spent at the ICC’s Permanent Premises, located on the dunes near The Hague’s North Sea coast. Highlights of the visit included:

► A meeting with Prosecutor Fatou Bensouda (top), for whom our summer school’s co-director, Georgia Law Professor Diane Marie Amann, serves as Special Adviser on Children in & affected by Armed Conflict. Bensouda described her own path to practicing international criminal law. While acknowledging the barriers to achieving justice, she expressed the urgency of continuing the effort, on behalf of global society as well as the victims of international crimes.

► An audience with Judge Geoffrey A. Henderson (left) of Trinidad and Tobago, who was elected to the ICC in 2013 and serves in the Trial Division. Henderson emphasized the challenges of judging in a context that brings together the civil and common law systems, and offered encouragement that engaged students can change the world.

► A presentation on the work of lawyers in the court’s Registry from Elizabeth Little, Special Assistant to the Registrar, Special Assistant to the Registrar, and an overview of the court’s work from ensuring the right to family life of the accused to assisting the indigent select defense counsel.

Together, these presentations made for an informative and inspiring day in court.

Professor Amann: Honored to contribute to new anthology, “Human Rights and Children”

Honored to be a contributor to Human Rights and Children, an anthology of works in the field edited by Hofstra Law Professor Barbara Stark.

The collection’s just been issued by Edward Elgar Publishing, which writes:

“This volume provides a comprehensive overview of children’s human rights, collecting the works of leading authorities as well as new scholars grappling with emerging ideas of ‘children’ and ‘rights.’ Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, this book explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children’s socio-economic rights, including their rights to education.”

My own contribution is listed in this compendium as: “Diane Marie Amann (2013), ‘A Review of Reimagining Child Soldiers in International Law and Policy in Mark A. Drumbl, Oxford University Press’, American Journal of International Law…” On my SSRN page, I describe this book review as follows:

“This essay reviews ‘Reimagining Child Soldiers in International Law and Policy’ (2012), in which author Mark Drumbl examines legal doctrine, global activism, and social science research respecting underaged combatants.”

Additional contributors to this collection, besides Professor Stark and me: Philip Alston, Jo Becker, Maria Bouverne-De Bie, Claire Breen, Geert Cappelaere, Cynthia Price Cohen, Katherine Covell, Mac Darrow, Martha F. Davis, Michael J. Dennis, Janelle M. Diller, Sara A. Dillon, Mark A. Drumbl, Nienke Grossman, Martin Guggenheim, Stuart N. Hart, Kamran Hashemi, R. Brian Howe, David A. Levy, Janet McKnight, Tendai Charity Nhenga-Chakarisa, Paulo Sérgio Pinheiro, Roslyn Powell, Alison Dundes Renteln, Marilia Sardenberg, William A. Schabas, David M. Smolin, Murray A. Straus, Laura Thetaz-Bergman, John Tobin, Jonathan Todres, Geraldine Van Bueren, Wouter Vandenhole, Eugeen Verhellen, and Barbara Bennett Woodhouse.

(Cross-posted from Diane Marie Amann blog)