Georgia Law faculty take part in ASIL Midyear Meeting and Research Forum

From left, Melissa J. Durkee, Diane Marie Amann, Kathleen A. Doty, and Harlan G. Cohen

Four members of our University of Georgia School of Law faculty took part last weekend in the American Society of International Law Midyear Meeting and Research Forum at UCLA School of Law in Los Angeles.

Diane ASIL► Professor Diane Marie Amann, the Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of our Dean Rusk International Law Center, presented “Glimpses of Women at the Tokyo Tribunal,” which will appear as a chapter in a forthcoming volume commemorating this week’s 70th anniversary of the judgment of the International Military Tribunal for the Far East. Amann, who is serves as a Counselor of the American Society of International Law, also took part in the Society’s Executive Council meeting.

Professor Harlan G. Cohen, holder of the Gabriel M. Wilner/UGA Foundation Professorship in International Law and Faculty Co-Director of the Dean Rusk International Law Center, participated in the meeting of the Board of Editors of the American Journal of International Law. He was elected to the Board last year and serves as Editor of AJIL’s International Decisions section.MJDurkee

◄ Professor Melissa J. Durkee presented her work, “The New Functional Sovereignty: Private Authority in Global Governance,” on a panel exploring the roles of corporations in international law.

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► Center Director Kathleen A. Doty offered career advice to current law students and recent graduates as part of ASIL’s International Law Speed Networking. This event was part of a series of offerings at the Midyear Meeting aimed at professional development for students and early-career lawyers.

 

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)

“Reaffirmed my passion for human rights”: Hanna Karimipour on her Global Externship with Brussels NGO No Peace Without Justice

IMG_7351This is one in a series of posts by University of Georgia School of Law students, writing on their participation in our Global Governance Summer School or our Global Externship Overseas initiative. Author of this post is 2L Hanna Karimipour (right), who spent her 1L summer as a GEO, or Global Extern Overseas.

This summer, I had the opportunity to work at No Peace Without Justice (NPWJ) in Brussels, Belgium, as part of the Global Externships Overseas (GEO) initiative. NPWJ was founded in 1993 to support the establishment and operation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC). Since then, NPWJ has worked on human rights and accountability in conflict and post-conflict settings around the world.

I came to law school because I’ve always known that I wanted to work in international relations and on human rights issues. After spending my 1L year getting the basics of U.S. law down and taking one international law course, I was eager to gain meaningful exposure to international law practice at NPWJ. As I sat for my final exams, the thought of my upcoming externship, as well as all the Belgian frites and waffles I would eat, carried me through.

On arriving in Brussels, I was not disappointed. Right away, I was researching the actus reus for aiding and abetting liability for war crimes under Article 25(3)(c) of the Rome Statute of the International Criminal Court. I was struck by the challenges to international legal research. There is no single database that catalogues case law, and considering that the ICC is only sixteen years old, the available precedent is limited. Moreover, ad hoc criminal tribunals – in particular, the ICTY – may have helpful case law,  for the issue I was working on, but the approaches of each court vary widely, and their case law can even be contradictory. Although at first I was overwhelmed, by the end of the summer I found the process of combing through cases, the text of the Statute itself, travaux préparatoires, academic articles, and books to be a thrilling and surprisingly fun process.

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As a part of my GEO, I was also able to travel with NPWJ. I went on a two-day mission to Geneva, Switzerland to the Office of the UN High Commissioner on Human Rights. There, NPWJ was invited to represent civil society at the Joint UN/Parliamentary Assembly of the Mediterranean (PAM) Seminar on Human Rights for PAM Members of Parliaments. Also in Geneva, I visited the Palais des Nations to attend a panel on transitional justice in Tunisia. As someone whose childhood dream was to be a United Nations ambassador, it was utterly exciting to be in the Palais des Nations, right down an escalator from where the Human Rights Council was in session.

The highlight of my experience, however, came when I was able to gain experience in the field as part of a six-day mission to Gaziantep, Turkey. Gaziantep is located approximately 30 miles from the Syrian border – about half the distance from Athens to Atlanta! I assisted with a NPWJ training on negotiation for members of Syrian civil society. It was a powerful experience to contribute to giving organizations the tools to safeguard human rights and to ensure transitional justice occurs and in the midst of the conflict in Syria. During this mission, I had the opportunity to meet and interact with several Syrian people who are directly taking action to improve the situation. Before this summer, the possibility of doing human rights field work wasn’t even on my radar. Now, it is something I am seriously considering for after law school.

My GEO at NPWJ was one of the most valuable experiences I have had thus far in my education and career, and has reaffirmed my passion for human rights. Oh, and I got plenty of the frites and waffles, too. I am looking forward to continuing my exploration of international law on campus at Georgia Law.

Transitional justice expert David Tolbert to speak on future of human rights

DT_BarcelonaWe at the University of Georgia School of Law Dean Rusk International Law Center will welcome human rights attorney David Tolbert to campus next Tuesday, October 2. His presentation, “Quo Vadis? Where Does the Human Rights Movement Go from Here?” will start at 12 noon in Classroom B, located on the 1st Floor of the law school’s Hirsch Hall. Lunch will be served.

Tolbert is a Visiting Scholar at Duke University’s Sanford School of Public Policy and the immediate past President of the International Center for Transitional Justice, a New York-based nongovernmental organization. He has held multiple positions at international criminal tribunals including as Registrar of the Special Tribunal for Lebanon, as special expert to the UN Secretary-General on the UN Assistance to the Khmer Rouge Trials, and as Deputy Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia.

Sponsoring his talk with the Dean Rusk International Law Center is the International Law Society, Georgia Law’s chapter of the International Law Students Association.

Details 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.

Human rights, criminal justice, NATO, business practice, reception with Georgia Law alums: Global Governance Summer School day 3, Brussels

Professor Amann, Ana Sofie Silveira, Lucia Hakala, Eunjun Kim, Bryant Oliver, Professor Doty, NATO Legal Adviser Steven Hill, Hanna Karimipour, Maddie Neel, Julian Skoruppa, Brooke Carrington, Saif Ahmed, Caroline Harvey, Mills Culver, and Frances Plunkett

BRUSSELS – A variety of briefings in this Belgium capital, and home of many European Union institutions, highlighted day 3 of the Global Governance School that our University of Georgia School of Law Dean Rusk International Law Center offers with the Leuven Centre for Global Governance Studies at KU Leuven, one of Europe’s premier research institutions.

Our cohort of students from Georgia Law and multiple European universities first traveled to the Brussels office of No Peace Without Justice (left), a nongovernmental organization founded a quarter-century ago to promote “the protection and promotion of human rights, democracy, the rule of law and international justice.” There Alison A. Smith (left), Legal Counsel and Director of the organization’s International Criminal Justice Program, took part in a dialogue on “International Human Rights Lawyering” with Georgia Law Professor Diane Marie Amann, Emily & Ernest Woodruff Chair in International Law and one of our Center’s Faculty Co-Directors. Then the organization’s Secretary-General, Niccolò A. Figà-Talamanca, described the Rome diplomatic conference that led to adoption in 1998 of the Rome Statute of the International Criminal Court.

Next, Steven Hill, Legal Adviser and Director of the Office of Legal Affairs at the North Atlantic Treaty Organization, outlined the work of his office, where an 8-lawyer team serves as counsel to NATO Secretary-General Jens Stoltenburg and further liaises with NATO lawyers throughout the world. He then discussed key issues likely to be discussed at next week’s NATO Summit. (Preparations for that meeting of member states’ heads of state and government precluded a visit to the new NATO headquarters; we are grateful to the Brussels law firm Van Bael & Bellis for providing the lovely conference room, pictured above, where our students met with Hill.)

Finally, we made our way to the Brussels office of Sidley Austin LLP. There Stephen Spinks (Georgia Law JD’76), a member of our Dean Rusk International Law Center Council, led a presentation on key areas of global business practice at his office. Spinks is the immediate past managing partner of that office, and a well-known lawyer expert in matters related to EU competition (in effect, antitrust) law and trade law. Assisting in the presentation by Spinks (standing, at left) were 4 additional Sidley lawyers. From left: Dr. Michele Boggiani, who spoke on anti-corruption and life sciences law, Paul Greaves, on data privacy law, Anne Robert, on competition law, and Dr. Bregt Natens, on trade law.

The day concluded with a lively reception that Sidley kindly hosted. Participants included our students, firm attorneys, Center Director Kathleen A. Doty and myself, Sidley attorneys including Wim Nauwelaerts (LLM’94), an alumnus and head of the firm’s data privacy group, plus other Georgia Law graduates. These included: Johan De Bruycker (LLM’90), General Counsel, Ageas, Brussels; Porter Elliott (JD’96), the Van Bael & Bellis partner who helped secure a room for the morning NATO presentation; Daniel J. Felz (JD’09), an associate at Alston & Bird LLP; Professor Erik Franckxx (LLM’83), Professor of Law Director of the Department of International and European Law at Vrije Universiteit Brussel; and Dr. Christof Siefarth (LLM’86), a partner at GÖRG law firm in Cologne, Germany, and member of our Center’s Council.

Our group returns to Brussels tomorrow, to the Royal Flemish Academy of Belgium for Science and the Arts, to take part in Reconnect: Reconciling Europe with its Citizens through Democracy and the Rule of Law, a conference kicking off a 4-year-research project among 18 partners, including our partner institution, the Leuven Centre for Global Governance Studies, KU Leuven.

Professor Amann publishes “Bemba and Beyond,” on accountability and command responsibility, at EJIL: Talk!

One week after the International Criminal Court Appeals Chamber acquitted a Congolese politician-warlord whom a Trial Chamber unanimously had convicted of rape, pillage, and other crimes, practitioners and scholars continue to debate the decision’s significance. Indeed, the case, Prosecutor v. Bemba, has been invoked in both the papers so far presented at the 2-day ICC Scholars Forum now under way at Leiden Law School’s Hague campus.

My own initial thoughts – concerned not about the decision’s fact-based details but rather to its refashioning of the legal doctrine of command responsibility – have been published at EJIL: Talk!, the blog of the European Journal of International Law. My post, entitled “In Bemba and Beyond,” discusses command responsibility as “a time-honored doctrine with roots in military justice and international humanitarian law.” Placing this appeals judgment in the context of other decisions, the post warns:

“Together, such rulings suggest a turn away from the goal of assigning responsibility at high levels, and toward a jurisprudence which acknowledges (with regret) the commission of crimes, yet holds no cognizable legal person responsible.”

Full post here.

(Cross-posted from Diane Marie Amann)