Georgia Law Professor Diane Marie Amann interviewed on international law and developments in Ukraine-Russia war

An international law analysis by Georgia Law Professor Diane Marie Amann on recent developments in the Ukraine-Russia war is quoted in an article published Sunday by Voice of America Russian Service.

The Russian-language article, Юристы по международному праву: аннексия, проведенная Путиным, юридически ничтожна (that is, International Lawyers: The Annexation Carried out by Putin Is Legally Null and Void), was written by Evgenii Komarov. In addition to Amann, who is Regents’ Professor of International Law, 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, Komarov interviewed international law professors Lea Brilmayer and Zakhar Tropin, from, respectively, Yale Law School and the Shevchenko National University in Kyiv, Ukraine.

The article related particularly to last week’s assertion by Russian President Vladimir Putin that his country had annexed four regions of Ukraine that Russian troops had occupied in the months following their February 2022 invasion of the country.

Amann analyzed this development in light of international law norms set out in agreements to which Ukraine and Russia both belong, including the 1945 Charter of the United Nations, the 1949 Geneva Conventions, and human rights treaties. She also discussed the potential for accountability and international pressure, through, for instance, economic sanctions and geopolitical isolation, UN treaty bodies on human rights and anti-discrimination, the International Criminal Court, and proposals for a special tribunal.

Komarov wrote:

“The effectiveness of international law ‘depends on political will, and I think that the countries that make these decisions weigh the benefits and costs,’ states Diane Marie Amann. This leads to the fact that justice is moving very slowly.”

Georgia Law Professor Amann publishes “International Child Law and the Settlement of Ukraine-Russia and Other Conflicts” in International Law Studies

Georgia Law Professor Diane Marie Amann has published, in the century-old, peer-reviewed international law journal of the U.S. Naval War College, an article analyzed international child law in order to imagine ways that peace processes may engage with children and ensure that children’s issues are addressed in future peace agreements.

Entitled “International Child Law and the Settlement of Ukraine-Russia and Other Conflicts,” the article appears at 99 International Law Studies 559-601 (2022) and is available here.

Amann, who is Regents’ Professor of International Law, 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, she served from 2012 to 2021 as the Special Adviser to the International Criminal Court Prosecutor on Children in & affected by Armed Conflict.

She undertook research on this topic while a Visiting Academic at University College London this past summer. An earlier version of her research forms part of the Ukraine Peace Settlement Project of the Lauterpacht Centre for International Law at the University of Cambridge in the United Kingdom. (prior post)

Here’s the abstract for Amann’s just-published article:

The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that examine the lives of children in armed conflict by synthesizing international child law. The projects’ syntheses have influenced the work of certain international organizations bodies but not, to date, the work of peace settlements.

To demonstrate their relevance to conflict resolution, the article first outlines two syntheses by the United Nations and by the International Criminal Court Office of the Prosecutor. After mapping child rights and conflict harms, it examines the treatment of children in Colombia’s 2016 peace agreement and a 1999 agreement related to Sierra Leone. The article concludes by proposing child-inclusive options for peace processes and eventual peace agreements.

Five University of Georgia-based scholars present at 2022 annual conference of the European Society of International Law

Well represented at last week’s annual conference of the European Society of International Law were scholars from the University of Georgia.

Presenting at the conference were 4 professors affiliated with the University of Georgia School of Law – along with one researcher at the University of Georgia Digital Humanities Lab, sponsored by the Willson Center for the Humanities, and two scholars who earned their first degrees at the University of Georgia.

The 2022 ESIL conference took place at Utrecht University in the Netherlands, home institution of a recent Visiting Researcher at the Dean Rusk International Law Center here at Georgia Law, Professor Brianne McGonigle Leyh. Designed to explore the theme “In/Ex-clusiveness of International Law,” the conference began with Interest Group workshops on Wednesday. It concluded on Saturday

University of Georgia scholars’ presentations were as follows:

► Professor Diane Marie Amann (pictured above left) gave an online talk entitled “Absent at the Creation? Women and International Criminal Justice” as part of a Saturday hybrid session exploring “In/Ex-clusiveness of the Legal Construction of Justice.” The presentation drew on her research into the experiences of women professionals at post-World War II international criminal trials. Amann is Regents’ Professor of International Law, 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; additionally, she serves on the Coordinating Committee of ESIL’s Interest Group on International Criminal Justice. Also participating on this agora session were scholars from the Netherlands’ University of Amsterdam and Erasmus University, and also from the Irish Centre for Human Rights at the National University of Ireland-Galway.

► Professor Harlan Grant Cohen (second from left), 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, presented twice:

► Professor Melissa J. “MJ” Durkee (center), who is Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor here at the University of Georgia School of Law, likewise gave two presentations at the ESIL conference:

  • She presented “The Technology of Inclusion in International Climate Law,” a talk that drew from her forthcoming Yale Journal of International Law article The Pledging World Order, at a Wednesday workshop session entitled “Just Energy Transition – the International Human Rights Law Perspective.” The workshop’s overall title was “In/Ex-clusiveness in the Energy Transition and Climate Action”; host was the ESIL Interest Group on International Environmental Law. Also on Durkee’s panel were scholars from Leiden University in the Netherlands and from the China Institute of Boundary & Ocean Studies and Research Institute of Environmental Law of Wuhan University, China.
  • Durkee explored “The Logics of Inclusion and Exclusion in International Participatory Structures,” at a Thursday workshop entitled “International Organizations, Elites, and Masses: Perspectives on In/Exclusion,” and sponsored by the ESIL Interest Group on International Organizations. Her talk concerned an early-stage project that organizes perspectives on the inclusion and exclusion of nonstate actors in the activities of international organizations. Presenting other papers were scholars from the University of Hong Kong, the University of Melbourne in Australia, Max Planck Institute for Comparative Public Law & International Law in Germany the University of Hamburg in Germany, and the Guangdong University of Foreign Studies in China.

Meanwhile, Professor Tim R Samples (second from right), Associate Professor of Legal Studies at the University of Georgia Terry College of Business who has a courtesy appointment at Georgia Law, took part in three presentations.

  • Professor Samples and Dr. Katie Ireland (right), who recently joined the university’s DigiLab, spoke at two ESIL workshops along with their co-author, Caroline Kraczon, a Georgetown University Law Center 3L who earned her first degrees at the University of Georgia. Their paper, “Terms of Use Agreements and Social Platforms,” discusses their interdisciplinary project based on an original dataset of 75 digital platforms’ terms-of-use and core policies. The trio presented this research at the Wednesday workshop of the International Law & Technology Interest Group, on “Algorithmic and Technological Modes of In-/Exclusion: International Legal Method and Critique,” and also at “‘In/Ex-clusiveness through the Lens of International Business and Human Rights’” the Thursday workshop of the International Business & Human Rights Interest Group.
  • In addition, Samples co-presented Investment Law’s Transparency Gap, an article forthcoming in Cornell International Law Journal, with co-author Sebastian Puerta, a Ph.D. student in Economics at the University of California-Berkeley who earned his first degrees at the University of Georgia. Their work uses predictive modeling to estimate missing claims and awards in investment treaty arbitration. They spoke at a session of ESIL’s International Economic Law Interest Group, “In/ex-cluding Civil Society in Investment Law-making and Arbitration.” Also taking part in this session were scholars from the Institute of International Relations in Czechoslovakia, Ghent University and Université Libre de Bruxelles in Belgium, University of Vienna in Austria, University of Trento in Italy, and Carleton University in Canada.

The European Society’s 2023 annual conference, themed “Is International Law Fair?,” will begin with Interest Group workshops on August 30, and run through September 2, in Aix-en-Provence, France.

As part of Cambridge project, Georgia Law Professor Amann publishes options for including children in eventual Ukraine-Russia peace process and agreement

Georgia Law Professor Diane Marie Amann has contributed an analysis of international child law to the Ukraine Peace Settlement Project of the Lauterpacht Centre for International Law at the University of Cambridge in the United Kingdom.

The paper itself, entitled “Ukraine Settlement Options Paper: Children,” relies on syntheses of international legal frameworks involving children and armed conflict; in particular, the 2016 Policy on Children of the International Criminal Court Office of the Prosecutor and the United Nations’ agenda that monitors and publicizes data on what the UN Security Council has identified as the Six Grave Violations against Children During Armed Conflict. The paper looks as well to two peace agreements – the 1999 Lomé Agreement on Sierra Leone and the 2016 Colombia peace agreement – to propose ways by which any ppeace negotiations and eventual settlement of the ongoing Ukraine-Russia conflict could pay due regard to children’s experiences, rights, needs, and capacities.

A summary of the paper appeared Friday, under the title “Options for a Peace Settlement in Ukraine: Options Paper IX – Children,” at Opinio Juris blog.

The paper’s Appendix comprises tables that map the adherence – or not – of Ukraine and Russia to the international law treaty regimes and soft law instruments discussed in the body of the paper.

Amann, who is Regents’ Professor of International Law, 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, is a Visiting Academic this summer at University College London. She served from 2012 to 2021 as the Special Adviser to the International Criminal Court Prosecutor on Children in & affected by Armed Conflict.

In addition to SSRN, Amann’s 34-page paper is available here at the Lauterpacht Centre site, which serves as a depository for dozens papers by an array of international law and international relations experts, on topics ranging from use of force and weapons of mass destruction to land claims, asset sanctions, and detainee release and exchange.

While Visiting Academic at University College London, Georgia Law Professor Amann presents “No Exit at Nuremberg”

Georgia Law Professor Diane Marie Amann gave a presentation yesterday at University College London Faculty of Laws, where she is a Visiting Academic for all of Summer 2022.

Her talk, entitled “No Exit at Nuremberg: The Postwar Order As Stage for 21st-Century Global Insecurity” (video here) drew upon her research on participants at the post-World War II International Military Tribunal, as well as an existentialist play written toward the end of that long war. The talk investigated the relationship of international criminal justice to security with particular reference to the ongoing Ukraine-Russia conflict.

Amann is Regents’ Professor of International Law, 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 (she is pictured above at the right of the table). Chairing her talk in London yesterday, and moderating questions from in-person and online attendees was Dr. Martins Paparinskis (above left), a Reader in Public International Law at UCL who recently was elected to an upcoming term on the United Nations’ International Law Commission.

Georgia Law Professor Amann joins panel on paths to accountability in conference cosponsored by law schools at Notre Dame and Ukrainian Catholic universities

Diane Marie Amann, who is Regents’ Professor of International Law, 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, spoke yesterday at “Legal Challenges Posed by the Large-Scale Russian Invasion of Ukraine,” a conference cosponsored by the University of Notre Dame Law School and the Ukrainian Catholic University Law School.

The latter university is located in Lviv, Ukraine – also the birthplace of the late Louis B. Sohn, who was the inaugural holder of Georgia Law’s Woodruff Chair in International Law.

Professor Amann took part in a panel entitled “Prosecution,” along with Marko Milanovic, Professor of Public International Law at the University of Nottingham School of Law in the United Kingdom and Oleksandr Komarov of the Ukrainian Catholic University Law School. Moderating was Tamás Ádány, Fulbright Visiting Professor at Notre Dame Law this semester, and also Head of the Department of International Law at Pázmány Péter Catholic University in Budapest, Hungary.

Discussed in their panel were legal frameworks and forums that hold potential for providing measures of accountability for violations of international law reported since Russia’s February 24, 2022, invasion of Ukraine. These include the illegal resort to armed force – that is, the crime of aggression – as well as atrocity crimes committed once the armed conflict had begun. (Related prior posts here, here, here, and here.)

Participants in the online conference’s two other panels examined additional aspects of the Ukraine-Russia conflict; namely, challenges to the collective security structure, and the use of economic sanctions by states and international organizations.

In D.C. during ASIL Annual Meeting this week, Georgia Law scholars on panels at ASIL and at Brookings Institution

Scholars at the University of Georgia School of Law are taking part on panels during this week’s 116th Annual Meeting of the American Society of International Law, the theme of which is “Privatizing International Governance.”

The annual meeting opened yesterday and runs through Saturday – in person, in Washington, D.C., for the first time in a couple years. Indeed, the meeting is hybrid, with registration available for online viewers – including, at ASIL Academic Partners like Georgia Law, free registration for students.

Georgia Law representation includes these panels:

10:30-11:30 a.m., Friday, April 8: Privatizing International Governance

Melissa J. “MJ” Durkee, who is Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor (pictured above left), will serve as moderator for a panel entitled “Privatizing International Governance,” part of the meeting’s International Law Beyond the State track.

Here’s the panel description:

“The 2030 Agenda for Sustainable Development and the UN Guiding Principles on Business and Human Rights both encourage engaging business groups as partners in developing global governance agendas. Such multi-stakeholder and public-private partnerships are increasingly common and seen as essential to the future of international business regulation. The participation of affected groups brings expertise, promotes engagement and buy-in, and secures funding. At the same time, critics have raised alarms about industry capture of the UN climate change bodies, global financial governance institutions, and international public health standard-setting efforts. In response, institutions like the World Health Organization and the Food and Agriculture Organization are implementing reforms to prevent mission-distortion by business groups. At a time when multilateral cooperation is at an ebb, public-private partnerships are indispensable, and yet the danger of undue influence is real. The time is therefore ripe to consider how to productively engage business groups in global governance. This roundtable of experts will discuss cutting-edge efforts by international organizations to capture the benefits of business participation while reducing the harms. The roundtable will consider access rules, existing and proposed reforms, and how past experience may offer lessons for future challenges.”

Panelists will be: Patricia Kameri-Mbote, United Nations Environment Programme; Nora Mardirossian, Columbia Center on Sustainable Investment; Suzy Nikièma, Lead, Sustainable Investment, International Institute for Sustainable Development; and Nancy Thevenin, United States Council for International Business.

3-4:30 p.m., Friday, April 8: Fourth Annual International Law Review Editors-in-Chief Roundtable

Harlan G. Cohen, who is Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center at Georgia Law (above right), will serve as a panelist in the “Fourth Annual International Law Review Editors-in-Chief Roundtable,” an online session that is part of the meeting’s Professional and Academic Development track.

Here’s the panel description:

“In recognition of the important role that student-edited international law journals play in the dissemination of international legal scholarship, the Society hosts an annual International Law Review Editor Roundtable. This Roundtable will discuss key issues around legal scholarship, including: selecting great topics that might be more relevant to the various audiences of law journals, including scholars and practitioners; how international law journals can be more effective at soliciting and/or selecting relevant pieces of international legal scholarship; and how to work with authors (who may have different cultural perspectives) to successfully publish their pieces. The Roundtable will be facilitated by international law experts as well as sitting editors-in-chief of law student-run international law journals. The Society invites current students and recent graduates interested in the process of scholarship and publication in international law to connect with their peers and distinguished scholars and practitioners.”

Joining Professor Cohen on the panel will be Colorado Law Professor James Anaya and Vanderbilt Law Professor Ingrid Wuerth.

Additionally:

11 a.m.-1 p.m. Friday, April 8: Eighth Annual Justice Stephen Breyer Lecture on International Law, Brookings Institution

Diane Marie Amann, who is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and Faculty Co-Director of our Center (above second from left), will serve on a panel to be held after Philippe Sands, a barrister and University College London law professor now visiting at Harvard Law, delivers a lecture entitled “Crimes Against Humanity, Genocide, and Ecocide: of Rights, Responsibilities, and International Order.” Other panelists will be Georgetown Law Professor Jane Stromseth and George Washington University Law Professor Sean D. Murphy. Online registration is still available here for this event.

Georgia Law professors also are taking part in ASIL leadership meetings during the annual conference, which is supported by four volunteer Georgia Law students: 1Ls John Carter and Jack Schlafly and LLMs Veronika Grubenko and Agustina Figueroa Imfeld.

Georgia Law Professor Diane Marie Amann keynotes 2022 ESIL Research Forum in Glasgow, Scotland

No Exit at Nuremberg: The Postwar Order as Stage for 21st-Century Global Insecurity” is the title of the keynote address that University of Georgia School of Law Professor Diane Marie Amann delivered Thursday at the University of Glasgow, Scotland, thus opening the 2022 Research Forum of the European Society of International Law. Her topic dovetailed with the forum’s overall theme, “International Law an Global Security: Regulating an Illusion?”

Introducing Amann – who is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and Faculty Co-Director of the Dean Rusk International Law Center – was Glasgow Law Professor Christian J. Tams, Director of the Glasgow Centre for International Law & Security.

Amann framed her talk around two artefacts of the period immediately after World War II, when the 1945-46 Trial of Major War Criminals was unfolding before the International Military Tribunal at Nuremberg, Germany: the play that Jean-Paul Sartre entitled Huis Clos but that is known in English as Vicious Circle or No Exit; and the front page of a French newspaper that referred not only to that play, but also to food shortages, the East-West threat spurred by the advent of nuclear weapons, and the IMT trial. She then linked the military, economic, political, and human security threads these artefacts raised to current events including conflicts in Ukraine and elsewhere.

Georgia Law Professor Amann post proposes considering new war crimes commission to investigate in Ukraine

Referring to Russia’s invasion last month of Ukraine, as well as the brutal attacks that followed, Georgia Law Professor Diane Marie Amann published “Time for a New War Crimes Commission?” Friday at Articles of War, the blog of the Lieber Institute for Law & Warfare, U.S. Military Academy West Point.

Amann, who is Regents’ Professor of International Law, 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, began by outlining the limitation that international law rules place on existing tribunals, such as the International Criminal Court, International Court of Justice, and European Court of Human Rights, as well as a proposed special tribunal on the crime of aggression. Having thus identified gaps in accountability, she wrote:

“Now and going forward, accountability could be enhanced by setting up a clearinghouse for gathering, cataloging, and preserving evidence, with an aim to eventual prosecutions in multiple national, regional, and international systems. The idea is not new; indeed, a useful model may be found in a Second World War-era institution known as the United Nations War Crimes Commission (UNWCC).”

Her post proceeded to sketch the history of this 1943-1948 commission, as well as its strengths and weaknesses. She concluded by calling for a body that would be empowered to carry out the UNWCC’s “core function”:

“specifically, the conduct of investigations aimed at preserving evidence and facilitating criminal prosecutions of suspects at all levels, for all potential offenses, and before any number of national, regional, and international systems willing and able to afford the persons they accuse a full and fair trial.”

The full Articles of War post is here.

Georgia Law Professor Amann joins Wisconsin historian Hirsch in “Understanding Nuremberg” podcast

“Understanding Nuremberg” is the title of a new podcast with Professor Diane Marie Amann, a Faculty Co-Director of our Dean Rusk International Law Center here at the University of Georgia School of Law, and University of Wisconsin Professor Francine Hirsch.

Their conversation appears as Episode 53 of Asymmetrical Haircuts: Your International Justice Podcast, hosted by the Hague-based journalists Janet Anderson and Stephanie van den Berg. To quote the hosts, Amann and Hirsch discussed

“what we think we know (and what we don’t) about Nuremberg trials.”

Amann, who also is Regents’ Professor of International Law and the Emily & Ernest Woodruff Chair in International Law here at Georgia Law, is writing Nuremberg Women, a book about the roles that lawyers and other women professionals played at the first post-World War II war crimes trial, before the International Military Tribunal composed of judges and prosecutors from 4 Allied countries: France, Great Britain, the United States, and the Soviet Union.

Hirsch, who is the Vilas Distinguished Achievement Professor of History at the University of Wisconsin-Madison, published an account of the work of that last country in 2020. Her award-winning book is called Soviet Judgment at Nuremberg: A New History of the International Military Tribunal After World War II.

Their full podcast conversation about these previously understudied participants, and about how including their stories may chance conventional understandings of the Nuremberg trials and their legacy, is here.