international criminal law

Georgia Law Professor Diane Marie Amann presents “Child-Taking Justice and Forced Residential Schooling of Indigenous Americans” at Washington University School of Law

University of Georgia School of Law Professor Diane Marie Amann recently spoke on “Child-Taking Justice and Forced Residential Schooling of Indigenous Americans” at Washington University School of Law in St. Louis.

Her presentation was part of a spring semester WashU Law International Law Colloquium organized by Professor MJ Durkee, who is the William Gardiner Hammond Professor of Law and Director of the Whitney R. Harris World Law Institute. Durkee joined that faculty in 2023, after serving as an Allen Post Professor, Associate Dean for International Programs, and Director of the Dean Rusk International Law Center here at Georgia Law.

The discussant for Amann’s paper was Lecturer Steve Alagna, who is an enrolled citizen of the Iowa Tribe of Kansas and Nebraska, and whose WashU Law Appellate Clinic just filed an amicus brief in federal appellate litigation which seeks redress, under the United States’  Native American Graves Protection and Repatriation Act, for survivors of Indigenous children who died and were buried at a former residential school site.

Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law. The paper she presented at WashU builds upon research that she published as “Child-Taking,” 45 Michigan Journal of International Law 305 (2024).

Georgia Law Professor Diane Marie Amann presents on child-taking and Nuremberg-era witnesses in workshops at University of Oxford

University of Georgia School of Law Professor Diane Marie Amann closed out her Fall 2024 research visit at the University of Oxford, where she was a Research Visitor at the Oxford Faculty of Law Bonavero Institute of Human Rights and Visiting Fellow at Exeter College Oxford, by giving two presentations at Oxford. She:

Lectured on “Women Bearing Witness in the Nuremberg Trials Project” in the Oxford Faculty of Law Public International Law Discussion Group. Tsvetelina van Benthem, Research Officer at the Blavatnik School of Government, moderated. Amann’s talk, which was delivered at All Souls College and live online, concluded the Group’s Michaelmas Term series.

Presented her work in progress, “Child-Taking Justice and Forced Residential Schooling of Indigenous Peoples,” as part of the Bonavero Perspectives workshop series at the Oxford Faculty of Law Bonavero Institute of Human Rights. Moderating was another Bonavero Research Visitor, Professor Eva Marie Belser of the University of Fribourg in Switzerland.

Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law, where she teaches Public International Law, Constitutional Law, and various upper-division courses exploring interrelations between national and international legal frameworks.

Georgia Law Professor Diane Marie Amann publishes in European Journal of International Law

“A Nuremberg Woman and the Hague Academy,” an essay by University of Georgia School of Law Professor Diane Marie Amann, has just been published at European Journal of International Law 813 (2024).

Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law.

Her article, which draws upon her ongoing research into lawyers and other women professionals played at post-World War II trials, forms part of the journal’s special review series marking the centenary of the Hague Academy of International Law.

Available here, the article focuses on the life of one “Nuremberg woman,” Dr. Aline Chalufour, who attended the Academy in 1937 and again in 1957. Her experiences both shed light on how marginalized groups fared in the Academy’s first 100 years, and also call upon the Academy, and the field it promotes, to do better in the next 100 years.

Georgia Law Professor Diane Marie Amann presents on child-taking and Nuremberg-era witnesses at Trinity College Dublin and Queen’s University Belfast law schools

University of Georgia School of Law Professor Diane Marie Amann gave a series of public lectures in mid-November at Irish law schools.

While a Visiting Research Scholar at Trinity College Dublin School of Law, she:

The moderator for both events was Trinity Law Professor Michael A. Becker, who sponsored Professor Amann’s visit.

Professor Amann also presented “Child-Taking Justice and Forced Residential Schooling of Indigenous Peoples” at the Centre for Human Rights, Queen’s University Belfast School of Law.

Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law. She has pursued a research-intensive semester this autumn, primarily as a Research Visitor at the Oxford Faculty of Law Bonavero Institute of Human Rights and Visiting Fellow at Exeter College Oxford.

Georgia Law Professor Diane Marie Amann presents “Child-Taking” at UK’s University of Reading School of Law

University of Georgia School of Law Professor Diane Marie Amann recently gave a public lecture entitled “Child-Taking: Unlawful Transfer plus Identity Alteration, in Ukraine and Beyond,” at the University of Reading School of Law in Reading, United Kingdom, as part of that law school’s Global Law at Reading (GLAR) lecture series.

Her presentation drew upon her just-published article, “Child-Taking,” 45 Michigan Journal of International Law 305 (2024).

Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law. This fall, she is spending a research-intensive semester in the United Kingdom, where she is a Research Visitor at the Oxford Faculty of Law Bonavero Institute of Human Rights and Visiting Fellow at Exeter College Oxford.

Georgia Law Professor Diane Marie Amann’s remarks on ICC arrest warrants against Russian officials published in ASIL Annual Meeting proceedings

Remarks which University of Georgia School of Law Professor Diane Marie Amann delivered at a plenary panel of the American Society of International Law Annual Meeting have just been published.

Entitled “Children and the ICC Arrest Warrant Against the President and the Children’s Rights Commissioner of Russia,” Amann’s remarks form part of the chapter entitled “Late-Breaking Panel: ICC Arrest Warrants: Impunity in Check?” in 117 American Society of International Law Proceedings 328 (American Society of International Law, 2024).

Amann discussed the significance of the warrants, which had charged Russia’s President and another Presidential official of the war crimes of child deportation, and which were issued just days before the 2023 Annual Meeting. The remarks spurred her to further research on the topic, resulting in her article “Child-Taking,” also published this month, at 45 Michigan Journal of International Law 305 (2024) (prior post).

Also on the panel were: Professor Saira Mohamed, University of California-Berkeley School of Law; Professor Javier S. Eskauriatza, University of Nottingham Scholl of Law; and Professor Marko Milanović, University of Reading School of Law. Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights and an Adjunct Professor of Clinical Law at New York University School of Law, moderated. The panelists’ remarks in full are here.

Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law. She served from 2012 to 2021 as International Criminal Court Prosecutor Fatou Bensouda’s Special Adviser on Children in & affected by Armed Conflict. This Fall 2024 semester she is at the University of Oxford in the United Kingdom, serving as a Research Visitor at the Faculty of Law Bonavero Institute of Human Rights and as a Visiting Fellow at Exeter College.

Georgia Law Professor Diane Marie Amann elected Visiting Fellow at Oxford’s Exeter College

Earlier this month University of Georgia School of Law Professor Diane Marie Amann was elected a Visiting Fellow at Exeter College, Oxford University, for this autumn’s Michaelmas Term.

While in the United Kingdom, she is serving simultaneously as a Research Visitor at the Oxford Faculty of Law Bonavero Institute of Human Rights.

Amann is Regents’ Professor, 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. Her courses include Public International Law, Constitutional Law, Human Rights, and Transnational Criminal Law.

During this research-intensive semester Amann is pursuing her scholarship related to women professionals who played roles in international criminal trials after World War II and also her work on child rights, especially as they relate to armed conflict and similar violence.

Founded in 1314, Exeter College is the fourth-oldest among Oxford’s three dozen colleges. It is located in the city center next to the university’s Bodleian Library.

Georgia Law Professor Diane Marie Amann publishes “Child-Taking” in Michigan Journal of International Law

“Child-Taking,” an article by University of Georgia School of Law Professor Diane Marie Amann, has just been published at 45 Michigan Journal of International Law 305-79 (2024).

As theorized in the article, “child-taking” occurs when a state or similar powerful entity takes a child and then endeavors to alter, erase, or remake the child’s identity. It is a criminal phenomenon that has been repeated across decades and centuries. On rare occasion, criminal prosecutions have occurred, as with the Situation in Ukraine before the International Criminal Court. More often redress, if any, must take place in other forums. The article thus considers these other types of transitional justice, with particular attention to the legacies of forced residential schooling imposed upon Indigenous children in the United States, Canada, and elsewhere.

Amann presented aspects of this research at numerous venues, including King’s College London, Yale University, the University of Cambridge, University College London, and the American Society of International Law Annual Meeting.

Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law. She served from 2012 to 2021 as International Criminal Court Prosecutor Fatou Bensouda’s Special Adviser on Children in & affected by Armed Conflict.

Here’s the abstract of the “Child-Taking” article, the print version of which is available here:

A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done, and the children are lost. But that may be changing, as the International Criminal Court (“ICC”) is seeking to arrest Russian President Vladimir Putin and Commissioner for Children’s Rights Maria Lvova-Belova for the war crimes of unlawfully deporting or transferring children from Ukraine to Russia.

“This article examines the criminal phenomenon that it names ‘child-taking.’ By its definition, the crime occurs when a state or similar powerful entity, first, takes a child, and second, endeavors, whether successfully or not, to alter, erase, or remake the child’s identity. Using the ICC case as a springboard, this article relies on historical and legal events to produce an original account of child-taking. Newly available trial transcripts help bring to life a bereft mother and five teenaged survivors, plus the lone woman defendant, who testified at a little-known child-kidnapping trial before a postwar Nuremberg tribunal. Their stories, viewed in the context of the evolution of international child law, inform this article’s definition. These sources further reveal child-taking to be what the law calls a matter of international concern. At its most serious, child-taking may constitute genocide or another crime within the ICC’s jurisdiction. Yet even if circumstances preclude punishment in that permanent criminal court, child-taking remains a grave offense warranting prosecution or other forms of local and global transitional justice. This is as true for the Indigenous children of residential schools in North America, Australia, and elsewhere, and for children in Syria and many other places in the world, as it is for the children of Ukraine.

Georgia Law Professor Amann a Research Visitor at Oxford’s Bonavero Institute of Human Rights

Georgia Law Professor Diane Marie Amann is in the United Kingdom during this Fall 2024 semester, serving as a Research Visitor at the Bonavero Institute of Human Rights, Oxford University Faculty of Law.

The faculty sponsor for Amann’s visit is Professor Dapo Akande. Oxford’s Chichele Professor of Public International Law and a member of the U.N. International Law Commission, he has just been nominated as the UK candidate for election to the International Court of Justice.

Amann, who is Regents’ Professor, 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, held the same Oxford post during another research-intensive semester, Spring 2018.

She plans to pursue her scholarship related to women professionals who played roles in international criminal trials after World War II and also her work on child rights, especially as they relate to armed conflict and similar violence.

As a Research Visitor, she also will have the opportunity to take part in Bonavero Institute activities, and will benefit from Oxford’s libraries, seminars and lectures, and other offerings.

The Bonavero Institute was founded in 2016 as a unit of the Oxford Faculty of Law, under the direction of Professor Kate O’Regan, a former judge on the Constitutional Court of South Africa.

Georgia Law Professor Diane Marie Amann quoted on proposed aggression tribunal in Portuguese paper

Professor Diane Marie Amann recently was featured in Expresso, a newspaper based in Lisbon, Portugal, regarding efforts to hold Russian officials accountable for the war in Ukraine.

The May 10 article entitled “Conselho da Europa quer julgar agressão russa num tribunal especial: é desta que Moscovo vai pagar a fatura da guerra?” – in English, “The Council of Europe Wants to Judge Russian Aggression in a Special Court: Is this How Moscow Will Pay the Bill for the War?” – was written by Mara Tribuna.

Reviewing various obstacles to these efforts, Tribuna quoted Amann as follows (in translation):

“One question, obviously, is whether this court will be able to arrest the accused leaders,” acknowledges Diane Marie Amann. Still, she points out, “this is a challenge in all criminal cases, and the magnitude of the challenge should not impede the effort to ensure justice.”

Recalling the March 17, 2023, arrest warrants issued by the International Criminal Court against Russian President Vladimir Putin and his Children’s Rights Commissioner Maria Lvova-Belova (about which Amann has written here), Tribuna wrote:

Although neither has been detained – which highlights the challenge that any legal system faces when trying to guarantee justice while the conflict is ongoing – the decision had effects, considers Amann. “It raised public awareness about the criminal allegations and encouraged states and civil society actors to call for the return of children.”

Amann is Regents’ Professor of International Law, Emily & Ernest 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 writes and teaches in areas including transnational and international criminal law, child and human rights, constitutional law, and global legal history.