Georgia Law Professor Amann in roundtable on international criminal justice at GW Law journal conference

Diane Marie Amann, the Emily & Ernest Woodruff Chair in International Law and Dean Rusk International Law Center Faculty Co-Director here at the University of Georgia School of Law, recently took part in an online panel entitled “International Courts and Their Role in Cross-Border Criminal Prosecutions.”

The panel was one of several at the 2021 symposium of the George Washington University International Law Review, which considered international law and policy challenges created by global technological and physical shifts.

Joining Amann, who is also the Special Adviser to the International Criminal Court Prosecutor on Children in & affected by Armed Conflict, in the roundtable discussion were: Olympia Bekou, Professor of Public International Law and Head of the University of Nottingham School of Law; and Patricia Viseur Sellers, Special Advisor for Gender for the Office of the Prosecutor of the International Criminal Court, Visiting Fellow, Kellogg College, University of Oxford, and Practicing Professor, London School of Economics. Moderator was Michael J. Matheson, Adjunct Professor at GW Law.

Georgia Law Professor Harlan Cohen presents “Nations and Markets” to University of Trento, Italy

Harlan Cohen, who is Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia School of Law, recently gave an online presentation of his new article “Nations and Markets” at Italy’s University of Trento School of International Studies.

Available at SSRN, “Nations and Markets” was published in December in the peer-reviewed Journal of International Economic Law.

Its description:

“Economics and security seem increasingly intertwined. Citing national security, states subject foreign investments to new scrutiny, even unwinding mergers. The provision of 5G has become a diplomatic battleground—Huawei at its center. Meanwhile, states invoke national security to excuse trade wars. The USA invoked the General Agreement on Tariffs and Trade national security exception to impose steel and aluminum tariffs, threatening more on automotive parts. Russia invoked that provision to justify its blockade of Ukraine, as did Saudi Arabia and the United Arab Emirates to excuse theirs of Qatar. And with the spread of COVID-19, states are invoking national security to scrutinize supply lines. Multiplying daily, such stories have led some observers to dub the era one of geoeconomics.

“Nonetheless, these developments remain difficult to judge, and the relationship between economics and national security remains confused and slippery. The essay seeks clarity in the deeper logic of these labels, revealing a fundamental choice between the logics of markets and the logics of state. Whether invoked to ‘secure’ borders, privacy, health, the environment, or jobs, ‘national security’ is a claim about the proper location of policymaking. Appeals to economics, with their emphasis on global welfare and global person-to-person relationships, are such claims as well. Resolving disputes, this essay argues, requires recognizing these root choices.”

Georgia Law center, ABILA to cohost International Law Weekend South April 7

Delighted to announce that the Dean Rusk International Law Center at the University of Georgia School of Law will cohost International Law Weekend South with American Branch of the International Law Association.

Entitled “Democracy and Governance in the Internet Era,” the daylong online conference will take place on Wednesday, April 7. Registration here.

Following a welcome by Georgia Law Dean Peter B. “Bo” Rutledge and an introduction by ABILA President Leila Sadat, the conference will consist of these four 75-minute sessions, featuring an international array of scholars:

Civil society’s role in informing, protecting the right of peaceful assembly

In July 2020, the U.N. Human Rights Committee adopted General Comment No. 37 on Article 21 of the International Covenant on Civil and Political Rights. Article 21 guarantees the right of peaceful assembly, and the GC provides an authoritative interpretation of that right as well as guidance to ensure its practical enjoyment, online and offline. The GC addresses a wide variety of assembly issues at a particularly critical time. In an effort to raise awareness of what the GC does, how it came to be, and its significance in the United States and beyond, this panel will feature experts from civil society organizations who helped inform the GC’s drafting and who are now helping to see it implemented.

Moderator:  Jonathan Peters, University of Georgia
• Francesca Fanucci, European Center for Not-for-Profit Law
• Paulina Gutierrez, Legal Officer, Article 19
• Michael Hamilton, University of East Anglia
• Daniel Simons, Greenpeace

Political Campaigns: Perspectives from Abroad

Existing rules governing political party spending and campaign finance are increasingly seen as not up to the task of effectively and transparently regulating political communications around elections. Social media algorithms that amplify outrage, rampant disinformation campaigns, and foreign interference in domestic elections all complicate what was already the challenging task of devising effective and fair regulation in this realm. This panel brings together election law scholars from around the world to discuss how their legal regimes are tackling these new and challenging problems.

Moderator: Lori A. Ringhand, University of Georgia
• Irene Couzigou, University of Aberdeen
• Yasmin Dawood, University of Toronto
• Jacob Eisler, University of Southampton
• Galen Irwin, Leiden University
• Graeme Orr, University of Queensland, Australia
• Ciara C. Torres-Spelliscy, Stetson University

Reforming the National Security State

For many, the past four years highlighted growing concerns over the U.S. national security state. For some, the concerns focused on national security priorities, including the last administration’s focus on immigration and trade. For others, the concerns focused on increased presidential unilateralism and broad readings of executive powers over treaty withdrawal and the use of force. For still others, the concerns focused on national security tools and how they have been used, from immigration enforcement to criminal investigations to individual sanctions.
With a new administration and a new Congress, many see this is a unique opportunity to reform the national security state. This roundtable will consider how the current administration might rethink priorities and tools and how Congress might approach its role in facilitating and limiting presidential discretion.

Participants:
• Diane Marie Amann, University of Georgia
• Elena Chachko, Harvard University
• Harlan G. Cohen, University of Georgia
• Maryam Jamshidi, University of Florida

Social Media and the Language of Statehood

Scholars, journalists, and companies increasingly frame social media’s decisionmaking using the language of democratic governance and human rights. From talk of “corporate constitutionalism” to Facebook’s “Supreme Court,” the lines between private and public “governance” are murkier than ever.
This panel will assess these rhetorical moves. Are they helpful in understanding how the companies operate and how their power might be constrained? Or do they provide corporate actions with false legitimacy that undermines or overpowers calls for public regulation?

Moderator: Thomas E. Kadri, University of Georgia
• Evelyn M. Aswad, Oklahoma College of Law
• Elettra Bietti, Berkman Klein Center for Internet and Security, Harvard
• Brenda Dvoskin, Harvard University
• David Kaye, University of California, Irvine
• Genevieve Lakier, University of Chicago

2L Emina Sadic Herzberger, President of the Georgia Law International Law Society, will close the conference.

Georgia Law Prof Diane Marie Amann elected to Council on Foreign Relations

Our Dean Rusk International Law Center Faculty Co-Director, Georgia Law Professor Diane Marie Amann, has just been elected to the Council on Foreign Relations. The council is an independent, nonpartisan organization and thinktank that is composed of the most prominent foreign policy leaders, including top government officials, renowned scholars, business executives, acclaimed journalists, prominent lawyers and distinguished nonprofit professionals.

Amann holds Georgia Law’s Emily and Ernest Woodruff Chair in International Law at the University of Georgia School of Law, and also a courtesy appointment in the Department of International Affairs at the university’s School of Public & International Affairs.

Since 2012, she has served as the Special Adviser to the International Criminal Court Prosecutor on Children in and affected by Armed Conflict. Her current research concerns issues of child security and also histories of international law. Under contract with the Oxford University Press, she is writing what will be the first-ever book on the roles of women professionals at the 1945-46 trial before the International Military Tribunal at Nuremberg.

In addition to CFR, her professional affiliations include service as a Counsellor and past Vice President of the American Society of International Law, and also member of the founding coordinating committee member for the Interest Group on International Criminal Justice of the European Society of International Law.

Georgia Law Professor Amann marks Holocaust Remembrance Day with talk on women at Nuremberg trials

Women at the Nuremberg Trials was the title of a lecture delivered last week by Professor Diane Marie Amann, 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.

Occurring on International Holocaust Remembrance Day, Wednesday’s talk focused on several of the many women who took part in the Nuremberg proceedings, as lawyers and legal professionals, translators and interpreters, witnesses and journalists – in short, in nearly every post except judge.

Sponsor of the event was the Center on National Security and Human Rights Law at Chicago-Kent College of Law.

Georgia Law Professor Amann takes part in launch of NGO report documenting crimes against children in Syria

Professor Diane Marie Amann, 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, took part last Friday in the launch of a report on crimes against and affecting children in Syria.

“Children of Syria – The Lost Hope,” was hosted by the Syrian Network for Human Rights, a nongovernmental organization that monitors, documents, and maintains a database of human rights violations in Syria, the site of a nearly ten-year-old conflict. The organization issued its Ninth Annual Report on Violations against Children in Syria (above left) on World’s Children Day, the day in November that marks the anniversary the adoptions by the UN General Assembly of the 1959 Declaration of the Rights of the Child and the 1989 Convention on the Rights of the Child.

Participants in last week’s event discussed the Ninth Report, which stated that the Syrian conflict had claimed nearly 30,000 children between March 2011 and January 2021 – nearly 200 of them as a result of torture. Additional harms, many of which may constitute war crimes or crimes against humanity, documented include arrest and detention of children, forcible disappearance, attacks on schools and deprivation of education, and recruitment and use by armed forces.

Professor Amann, an expert in international criminal law and child rights, joined a panel discussing these findings, their impact on children and society at large, and avenues for redress and accountability. Amann said that the Ninth Report described conduct

“that constitutes both systematic violations of human rights in many different sectors as well as international crimes as articulated in the statutes of multiple tribunals and recognized as customary international law.”

She further outlined treaties and forums through which such conduct might be addressed.

Also speaking at the event, which is archived and available for viewing here, were: Fadel Abdul Ghany, Chairman of the Syrian Network for Human Rights; Martin Leeser, a member of the Syria team at the German Embassy in Beirut, Lebanon; Dr. Troels Gauslå Engell, Senior Stabilisation Advisor on Syria to the Danish Ministry of Foreign Affairs; Paula Sastrowijoto, Deputy Syria Envoy at the Netherlands Ministry of Foreign Affairs; Lina Biscaia, Senior Legal Officer, Sexual and Gender-Based Crimes and Crimes against Children Unit of the UN Investigative Team for Accountability of Da’esh/ISIL; Javier Perez Salmeron of the Justice Rapid Response Child Rights Expert Roster; and Valentina Falco, Team Leader-Child Protection, UN Department of Peace Operations.

Georgia Law alumna Chanel Chauvet publishes at Opinio Juris on POW remittances, in blog symposium on 2020 GCIII Commentary directed by alumnus Jean-Marie Henckaerts

Pleased to note the publication last Thursday by a recent graduate of the University of Georgia School of Law, as part of an ongoing joint symposium sponsored by Opinio Juris and by the Humanitarian Law & Policy Blog of the International Committee of the Red Cross.

Author of the contribution entitled “Prisoners of War Remittances – Financial Challenges of Sanctions and Conversion Rates” is Chanel Chauvet, who earned her J.D. degree from Georgia Law in 2018, and also, just last year, her LL.M. degree cum laude in International Humanitarian Law and Human Rights from the Geneva Academy of International Humanitarian Law and Human Rights in Switzerland.

Applying a case study of relations between Iran and the United States, Chauvet’s post details the obstacles faced by a prisoner of war, or POW, in securing remittances – funds that family members send “in an effort to contribute to the POW’s financial welfare” – on account of financial sanctions regimes and currency conversion rates. She concludes with recommendations that would remove remittances from the effects of these regimes, writing:

“The legal landscape governing POW remittances is insufficient, and as such, states should collectively address the obstacles that damage the financial health of POWs by incorporating specific protections for POWs (e.g., a legal exclusion for POW payments and remittances) from the effects of the banking sanctions that are in place in their Power of Origin.”

While a J.D. student, Chauvet served as a Dean Rusk International Law Center Student Ambassador and a research assistant to the Center’s Faculty Co-Directors, Professors Harlan Cohen and Diane Marie Amann. She completed the Grotius Centre Summer School on Humanitarian Law at Leiden Law School in the Netherlands, competed on a winning Model African Union team, served as worldwide student president of the International Law Students Association, and was the recipient of the Blacks of the American Society of International Law Annual Meeting Scholarship.

Chauvet is a member of the Bars of the State of Georgia and of the District of Columbia.

At the Geneva Academy, she was elected the Student Council LL.M. Representative and was the student commencement speaker. She served as a Legal Intern in the International Law & Policy Department at the ICRC, and also made presentations at meetings of the UN Human Rights Council in her capacity as the Permanent Representative in Geneva for the International Association of Jewish Lawyers and Jurists.

Chauvet’s LL.M. thesis, from which the Opinio Juris post draws, was supervised by a Geneva Academy professor who is himself earned his LL.M. at Georgia Law in 1990: Dr. Jean-Marie Henckaerts, Legal Adviser in the ICRC’s Legal Division and a member of our Dean Rusk International Law Center Council.

Chauvet’s post forms part of a symposium of articles analyzing aspects of Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949. Commentary of 2020. Known colloquially as GCIII, that commentary is the third published under Dr. Henckaerts’ directorship. Indeed, we at the Center were honored to host a daylong conference marking the issuance of the initial volume, the Commentary on First Geneva Convention, with papers published in the Georgia Journal of International & Comparative Law.

“Future of Global Health Governance” topic of Monday’s Georgia Law international journal conference

Global Healthcare Governance Conference Header

“The Future of Global Healthcare Governance” is the topic of the annual Georgia Journal of International & Comparative Law daylong symposium, to be held this Monday, January 25.

We at the Dean Rusk International Law Center of the University of Georgia School of Law are cosponsoring this online conference along with GJICL and the law school’s Health Law Society and International Law Society, as well as the university’s College of Veterinary Medicine, School of Public & International Affairs, and School of Social Work.

Taking into account the effects of globalization and climate change on the spread of historically localized pathogens — among them, H1N1, Zika, Ebola, and COVID-19 — the conference will re-examine legal and other frameworks designed to respond to global pandemics. The roles to be played by stated and by international entities like the World Health Organization will be explored. To quote the concept note:

“This conference will address three crucial questions of global health governance. It will consider, first, whether and how the ailing global public health infrastructure might be reinvigorated; second, how the pandemic has threatened and exposed limitations of the social safety net in the United States and other economies around the world; and, finally, the phenomenon of vaccine refusal and what national and international legal institutions might do to curb it.”

Delivering opening remarks will be Georgia Law Dean Peter B. “Bo” Rutledge and Elizabeth Weeks, the University of Georgia Associate Provost for Faculty Affairs and Charles H. Kirbo Chair in Law. A keynote address, panel presentations, and breakout sessions will follow. These include (all times Eastern):

10:30-11:30 a.m. The Role of International Organizations in Global Health Governance, moderated by Georgia Law Professor Fazal Khan. Speakers: Thomas J. Bollyky, Council on Foreign Relations; Benjamin Mason Meier, University of North Carolina-Chapel Hill; Alexandra Phelan, Georgetown University Center for Global Health Science & Security; Pedro Villarreal, Max Planck Institute for Comparative Public Law & International Law; and Alicia Yamin, Harvard Law.

12:45-1:45 p.m. The Role of Federal Governments in Pandemics, moderated by Elizabeth Weeks, the University of Georgia Associate Provost for Faculty Affairs and Charles H. Kirbo Chair in Law. Speakers: Christina S. Ho, Rutgers Law; Renée M. Landers, Suffolk Law; Gwendolyn Roberts Majette, Cleveland-Marshall Law; and Wendy Parmet, Northeastern Law.

2-3 p.m. The Global Campaign for the Collective Good, moderated by Hillel Y. Levin, Alex W. Smith Professor of Law at Georgia Law and Director of UGA Law in Atlanta. Speakers: Shawn Harmon, Dalhousie University; Glen Nowak, University of Georgia; Saad Omer, Yale School of Medicine; and Dorit Reiss, California-Hastings Law.

3:30-4 p.m. Keynote Address by Marice Ashe, ChangeLab Solutions, and Elsie E. Hayford, Lamèsè.

Papers will be published in a forthcoming GJICL issue. The full program, with registration information, is available here.

Georgia Law Associate Dean Cade on US-Mexico migration, enforcement, activism

Two works concerning migration, enforcement, and activism along the Southern border between United States and Mexico have just been published by Jason A. Cade, Associate Dean for Clinical Programs & Experiential Learning and Hosch Associate Professor here at the University of Georgia.

In 2020, the migrant death toll exceeded a ten-year high following a summer of record-setting heat, while at the same time, criminal prosecutions of humanitarian activists reached unprecedented levels. Cade has addressed this situation in:

“‘Water is Life!’ (and Speech!): Death, Dissent and Democracy in the Borderlands”, an article published at 96 Indiana Law Journal 261 (2020) (SSRN). Cade explored the communicative conduct of activists such as No More Deaths, whose work along the southern border aims not only to save lives but also to convey the message that all lives—including those of unauthorized migrants—are worth saving. Cade argued that the context around this expressive dissent necessitates First Amendment scrutiny of government attempts to suppress or punish it, and he further explained the broader implications for debate about the ethics of border policies.

“All the Border’s a Stage: Humanitarian Aid as Expressive Dissent”, in 84 Studies in Law, Politics & Society, Special Issue: Law and the Citizen 110 (Austin Sarat ed., 2020). In this related book chapter, Cade examined the conduct of border policy dissenters through the lens of competing narratives, advancing the claim that tolerance of disparate viewpoints—especially those that peacefully challenge the status quo—can be crucial for both the generation of democratic knowledge and coexistence in a diverse society.

Both works comprise part of a larger research project, in which Cade is advancing a framework for more ethical border policies.

Georgia Law Professor Amann on depicting Nuremberg artist Laura Knight for symposium on Carsten Stahn’s new Oxford monograph, “Justice as Message”

In this post Professor Diane Marie Amann, the Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of our Dean Rusk International Law Center here at the University of Georgia School of Law, discusses her most recent publication.

Among the more captivating women who worked at the 1st Nuremberg trial – women whose stories I’m now researching – was Dame Laura Knight. Already celebrated as the 1st woman in over 150 years to win election to Britain’s Royal Academy of Arts, Knight, then 68, arrived in January 1946, about a third of the way before the year-long proceedings before the International Military Tribunal. Soon after her departure 4 months later she unveiled a 5-foot by 6-foot oil painting, “The Nuremberg Trial,” at a London exhibition.

That work forms the centerpiece of “What We See When We See Law … Through the Eyes of Dame Laura Knight,” my contribution Monday to an ongoing Opinio Juris symposium on Justice as Message: Expressivist Foundations of International Criminal Justice, a new Oxford University Press book by Carsten Stahn, an international criminal law professor at Leiden Law School and Queen’s University Belfast.

My post began by discussing Stahn’s 2020 book in light of my own 2002 article about expressivist theories and international criminal law. The focus was Nuremberg: not only is it much-discussed in Stahn’s book, but the book’s cover features her 1946 painting, pictured above. Those facts launched my post’s cameo about Knight-as-messenger, available here.

Contributors of other posts in the book series include Marina Aksenova, Mark A. Drumbl, Angela Mudukuti, Darryl Robinson, Priya Urs, and Stahn himself.

(Cross-posted from Diane Marie Amann)