Georgia Law Professor Amann presents on “Women and Nuremberg-Tokyo Era” in Siracusa Institute summer session

This image has an empty alt attribute; its file name is 3siracusa.jpg

“History of International Criminal Law” was the topic on which I was honored to present Wednesday alongside two eminent historians. Our session formed part of “Human Rights, Criminal Justice and International Law,” the 20th Specialization Course in International Criminal Law for Young Penalists organized by the Siracusa International Institute for Criminal Justice and Human Rights, under the direction of Professor William A. Schabas.

This annual summer course typically takes place on the island of Ortigia, the ancient quarter of Siracusa, a Sicilian city founded 2,700 years ago. This year found it online because of the pandemic. That happenstance enabled well over a hundred persons from around the world to attend.

My panel participants and I focused on a founding moment of international criminal law; specifically, the post-Wold War II international criminal courts and tribunals established at Nuremberg, Germany, Tokyo, Japan, and other sites in Europe and Asia.

First, Francine Hirsch, the Vilas Distinguished Achievement Professor of History at the University of Wisconsin-Madison (above center) presented “Nuremberg at 75: Revisiting the History of the International Military Tribunal and Its Lessons.” Drawing from her book Soviet Judgment at Nuremberg: A New History of the International Military Tribunal After World War II (Oxford University Press 2020), she argued that the participation of the Soviet Union was essential to what was achieved at Nuremberg.

Next, Kerstin von Lingen (above left), Professor of Contemporary History at the Department for Contemporary History of the University of Vienna, Austria, addressed “Crimes Against Humanity: A Neglected Concept within the Asian War Crimes Trials?” Her careful tracing of the origins of the ethical concept and legal doctrine of crimes against humanity talk drew upon her extensive research and publications related to the postwar emergence of international criminal justice in Europe and Asia – among these is her contribution and co-editorship of The Tokyo Tribunal: Perspectives on Law, History and Memory (Torkel Apsahl 2020), a Nuremberg Academy anthology to which I also contributed.

Yours truly, Diane Marie Amann (above right), Regents’ Professor of International Law at the University of Georgia School of Law, then discussed “Women and the Nuremberg-Tokyo Era.” Featured in my talk were the lawyers and other women professionals who are the subjects of my ongoing research, and about whom I have published here, here, and here.

(Cross-posted from Diane Marie Amann blog)

Georgia Law’s Diane Marie Amann now Regents’ Professor of International Law

Georgia Law faculty member Diane Marie Amann is now Regents’ Professor of International Law, as her November 2020 appointment to the post by the Board of Regents, University System of Georgia, takes effect today.

She becomes the third law professor and seventh woman to have earned this honor since it was instituted in 1947. In the words of the university:

“Regents’ Professorships are bestowed by the Board of Regents on truly distinguished faculty of the University of Georgia whose scholarship or creative activity is recognized both nationally and internationally as innovative and pace-setting.”

Amann (prior posts) joined the faculty at the University of Georgia School of Law in 2011, taking up the Emily & Ernest Woodruff Chair in International Law previously by Professor Louis B. Sohn and Professor Daniel Bodansky. From 2015 to 2017 she was the law school’s Associate Dean for International Programs & Strategic Initiatives, a position that included directing the Dean Rusk International Law Center, and she has served since 2017 as a Faculty Co-Director of the Center. She is also a Professor (by courtesy) of International Affairs, University of Georgia School of Public & International Affairs, and an Affiliated Faculty Member of the University of Georgia African Studies Institute.

Under contract with Oxford University Press, Amann is writing what will be the first book on the roles of women professionals at the 1945-46 war crimes trial before the International Military Tribunal at Nuremberg. As depicted above and available in full on YouTube (59:10), she presented on this research in “Nuremberg Women,” one of the four University of Georgia Charter Lectures that the 2020-21 Regents’ Professors delivered online this past April.

Amann’s expertise in international law includes, as indicated by her more than eighty publications, not only international legal history but also international criminal law and child rights. She served as International Criminal Court Prosecutor Fatou Bensouda’s Special Adviser on Children in and affected by Armed Conflict from December 2012 to June 2021, assisting in the preparation, publication, and dissemination of the 2016 ICC OTP Policy on Children.

A member of the Council on Foreign Relations and Counsellor and former Vice President of the American Society of International Law, Amann was Professor of Law, Martin Luther King Jr. Hall Research Scholar, and Director of the California International Law Center at the University of California-Davis, School of Law. She has been a Visiting Professor, Professeur invitée, or Fellow at Northwestern Pritzker University School of Law, University of California-Berkeley, University of California-Los Angeles, Irish Centre for Human Rights at National University of Ireland-Galway, Université de Paris 1 (Panthéon-Sorbonne), Max Planck Institute Luxembourg, and University of Southern California Shoah Foundation.

Georgia Law Professor Amann publishes “On Command” in Temple Law journal

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, has published “On Command,” her contribution to a Temple International and Comparative Law Journal symposium issue.

The symposium took place in February 2020, just before the coronavirus lockdown, at Philadelphia’s Temple University Beasley School of Law. It brought together a dozen experts to comment on galley proofs of Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law, a book written by Darryl Robinson, Professor at Queen’s University in Canada, and issued later that year Cambridge University Press.

Amann took up the question of command responsibility, an issue on which she also has published at EJIL: Talk! and ICC Forum. The SSRN abstract for this essay states, in relevant part:

By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account.

The “On Command” essay is available here; the full symposium issue, also featuring contributions from Robinson himself, as well as Elena Baylis, Alejandro Chehtman, Caroline Davidson, Randle DeFalco, Margaret M. deGuzman, Alexander K.A. Greenawalt, Adil Ahmad Haque, Neha Jain, Mark Kersten Jens David Ohlin, Milena Sterio, and James G. Stewart, is available here.

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 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 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)

Georgia Law Professor Amann’s “Glimpses of Women at the Tokyo Tribunal” in just-published book

Professor Diane Marie Amann, holder of the Emily & Ernest Chair in International Law and Faculty Co-Director of our Dean Rusk International Law Center here at the University of Georgia School of Law, has published an essay entitled “Glimpses of Women at the Tokyo Tribunal.”

It appears in a new book, The Tokyo Tribunal: Perspectives on Law, History and Memory, produced by four editors: Professor Kerstin von Lingen, Universität Wien, Austria; Professor Philipp Osten, Keio University, Japan; and Dr. Viviane E. Dittrich and Jolana Makraiová, both of the International Nuremberg Principles Academy, Germany. 

These four took part last week in a launch discussion, archived at YouTube, along with two others among the book’s contributors: Professor Gerry Simpson, London School of Economics and Political Science, England; and Professor Yuma Totani, University of Hawai’i, United States.

Further contributing essays to The Tokyo Tribunal were, besides Amann, David M. Crowe, Diane Orentlicher, Kayoko Takeda, Robert Cribb, Donald M. Ferencz, Marina Aksenova, David Cohen, Narrelle Morris, Beatrice Trefalt, Sandra Wilson, Franziska Seraphim, Kuniko Ozaki, and Christoph Safferling.

Here’s the abstract for Amann’s contribution (prior post):

Compared to its Nuremberg counterpart, the International Military Tribunal for the Far East has scarcely been visible in the seven decades since both tribunals’ inception. Recently the situation has changed, as publications of IMTFE documents have occurred alongside divers legal and historical writings, as well as two films and a miniseries. These new accounts give new visibility to the Tokyo Trial – or at least to the roles that men played at those trials. This essay identifies several of the women at Tokyo and explores roles they played there, with emphasis on lawyers and analysts for the prosecution and the defense. As was the case with my 2010 essay, “Portraits of Women at Nuremberg,” the discussion is preliminary, offering glimpses of the Tokyo women in an effort to encourage further research.

The Tokyo Tribunal volume, which was published by the Brussels-based Torkel Opsahl Academic Epublisher, may be downloaded as an e-book, or ordered in hard copy, here. It is also available at outlets such as Amazon.

It is the third book in the “Nuremberg Academy Series” produced by the International Nuremberg Principles Academy, located at the Palace of Justice in Nuremberg, Germany. It was in Courtroom 400 of that building that a conference took place which launched this just-published volume.

(Cross-posted from Diane Marie Amann)

Georgia Law Professor Amann in symposium on next Prosecutor of International Criminal Court

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 at the University of Georgia School of Law, discusses her recent international law commentary.

Caution in giving too much credit, or blame, to one individual formed the focus of my contribution to last week’s symposium on “The Next ICC Prosecutor.”

Entitled “Placing the Prosecutor within the International Criminal Justice Project,” my post appeared Friday at Opinio Juris, cosponsor along with Justice in Conflict of the online symposium.

My post began by welcoming the rich dialogue – in anticipation of December’s election of the 3d Prosecutor of the International Criminal Court – that had unfolded all week. Fueling that discussion were contributions from a couple dozen commentators on international criminal law: Ewan Brown, Danya Chaikel, David Crane, Geoff Dancy, Tom Dannenbaum, Christian De Vos, Elizabeth Evenson, Kate Gibson, James Goldston, Douglas Guilfoyle, Kevin Jon Heller, Mark Kersten, Patryk Labuda, Stephen Lamony, Luis Moreno Ocampo, Jonathan O’Donohue, Mariana Pena, Priya Pillai, William Schabas, Melinda Taylor, Valerie Oosterveld, Beth Van Schaack, and Kate Vigneswaran, Alex Whiting, and William H. Wiley.

My post then pointed to risks involved in “placing too much weight on the person and position of Prosecutor.” These included:

  • the risk of generating expectations, “inevitably doomed to disappoint”; and
  • the risk that “the very association of a complex project with a lone person or position” obscures the myriad ways that many other actors “play roles, in helping to construct perceptions of the project and in contributing, or not, to the project.”

My contribution is available in full here. For additional posts in the symposium, see list here.

(Cross-posted from Diane Marie Amann blog)

Georgia Law Professor Diane Marie Amann on her article, in International Review of the Red Cross, on ICC OTP Policy on Children, accountability for conflict-related crimes against children

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 article related to the effects on children of armed conflict and similar extreme violence.

Very pleased to announce the publication of my new article, “The Policy on Children of the ICC Office of the Prosecutor: Toward greater accountability for crimes against and affecting children.”

As indicated in the just-before-publication version that I’ve posted at SSRN, the International Review of the Red Cross placed this article online last month, on February 21. Currently, that published version is available to Cambridge Core subscribers at a First View page; once it appears in print, in a special issue on “Children and War,” it will be freely accessible at the Review‘s website.

Here’s the abstract:

The Policy on Children published by the International Criminal Court Office of the Prosecutor in 2016 represents a significant step toward accountability for harms to children in armed conflict and similar extreme violence. This article describes the process that led to the Policy and outlines the Policy’s contents. It then surveys relevant ICC practice and related developments, concluding that despite some salutary efforts, much remains to be done to recognize, prevent and punish the spectrum of conflicted-related crimes against or affecting children.

This article represents my latest effort to assist in raising awareness and developing strategies respecting children and conflict (prior posts). It’s an effort in which I’ve been deeply involved since my 2012 appointment as the International Criminal Court Prosecutor’s Special Adviser on Children in and affected by Armed Conflict.

Central to this effort was the multiyear process of researching and drafting, along with an Office of the Prosecutor working group and in consultation with others, of the document published in 5 languages and launched in November 2016 as the Policy on Children. Other aspects have included:

Happy to provide further details. And as always, comments welcome.

(Cross-posted from Diane Marie Amann blog)