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.

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.

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.

University of Georgia roundtable “Understanding Ukraine,” with Law Dean Rutledge moderating, set for March 17

Experts from throughout the University of Georgia community will take part in “Understanding Ukraine,” an online roundtable to be held at 12 noon Thursday, March 17.

Moderating the discussion will be Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law at the law school, and an expert in international dispute settlement.

The following university experts will speak on the implications, from the perspective of their respective disciplines, of Russia’s February invasion of Ukraine and the ensuing armed conflict:

Jeffrey D. Berejikian, Associate Professor of International affairs, Josiah Meigs Distinguished Teaching Professor, and Senior Fellow, Center for International Trade & Security, at the School of Public & International Affairs

Joseph Kellner, Assistant Professor in the Department of History, Franklin College of Arts & Sciences

Victoria Hasko, Associate Professor in the Department of Language & Literacy Education at the Mary Frances Early College of Education

Gopinath Munisamy, Distinguished Professor of Marketing at the College of Agriculture & Environmental Sciences

James W. Porter, Josiah Meigs Distinguished Professor Emeritus at the Odum School of Ecology

Ralitsa Vassileva, Lecturer at the Grady College of Journalism & Mass Communication

Registration for this event here.

Dean Rusk International Law Center hosts “International Law and the Ukraine-Russia Conflict,” featuring Georgia Law Professors Amann, Cohen, and Durkee

Nearly a hundred members of the University of Georgia School of Law community took part Wednesday in “International Law and the Ukraine-Russia Conflict,” a forum hosted by our Dean Rusk International Law Center and presented by three international law experts on the law school’s faculty.

The armed conflict began on February 24, 2022, when Russian military troops invaded the neighboring state of Ukraine, entering the latter country at points on its northern, eastern, and southern borders. At this writing just a week later, thousands of persons, civilians and combatants alike, reportedly had been killed, and, according to UN High Commissioner for Refugees Filippo Grandi, more than a million Ukrainians had been forcibly displaced.

At Wednesday’s forum, each of the three Georgia Law professors first offered a brief overview of a particular aspect of the armed conflict:

  • Our Center’s Director, Melissa J. “MJ” Durkee, who is also Associate Dean for International Programs and Allen Post Professor, began by outlining the international rules that have outlawed aggressive war – that is, one country’s unjustified invasion of another – since the adoption of the 1945 Charter of the United Nations. She explained why reasons that Russia has put forward do not constitute legally valid justifications for the invasion, and further emphasized the threat that Russia’s actions place on the international rules-based order that came into being after the Allied victory in World War II. In so doing, Durkee cited a UN General Assembly resolution, adopted Wednesday by a huge majority of votes, which condemned Russia’s actions as violative of this order.
  • Next came Harlan Grant Cohen, who is Gabriel M. Wilner/UGA Foundation Professor in International Law and one of our Center’s 2 Faculty Co-Directors. Cohen focused on economic sanctions that have been levied against Russia in the last week, by individual countries including the United States and also by international organizations including the European Union. While noting that these types of economic actions had been developed in response to Iran’s nuclear program, Cohen stressed that the extent and impact of the sanctions already imposed against Russia is unprecedented.
  • Then followed our Center’s other Faculty Co-Director, Diane Marie Amann, who is also Regents’ Professor of International Law and Emily & Ernest Woodruff Chair in International Law. She addressed international humanitarian law, the body of law concerned with the ways that armies and armed groups actually conduct the war. She underscored that this body of law concerns itself with all sides of the conflict, regardless of who started the conflict: fighters on either side may be found liable for violations, and thus charged with war crimes. Amann concluded with a look at forums already engaged to review legal issues arising out of the war, among them the European Court of Human Rights, International Criminal Court, and International Court of Justice.

The forum concluded with a lively and wide-ranging question-and-answer period.

Judge Joan Donoghue, Sibley Lecturer at Georgia Law, elected President of International Court of Justice

The Honorable Joan E. Donoghue, the American judge on the International Court of Justice, today was elected President of the International Court of Justice, the Hague-based institution known colloquially as the World Court.

She is the 3d American to serve a term as President, following Green H. Hackworth (1955-58) and Stephen M. Schwebel (1997-2000), and also the 2d woman, following Dame Rosalyn Higgins of the United Kingdom (2006-09).

We at the University of Georgia School of Law Dean Rusk International Law Center are pleased to welcome this news, not least because of Judge Donoghue’s generosity over the years toward our law school community:

  • In April 2012, a little more than a year before her initial election to the ICJ, Donoghue visited Georgia Law’s Athens campus to deliver our 108th Sibley Lecture. Her talk, entitled “The Role of the World Court Today,” (video) outlined the court’s history as the judicial organ of the United Nations, as well as the nature and evolution of its jurisdiction over disputes between nation-states and certain advisory matters. The text was published at 47 Georgia Law Review 181 (2012).
  • On occasions thereafter, as part of our Global Governance Summer School, the judge and her staff kindly hosted our students as they received a tour of the court’s seat, the Peace Palace, as well as a briefing on the court’s work.

As explained at the ICJ website:

“The President presides at all meetings of the Court; he/she directs its work and supervises its administration, with the assistance of a Budgetary and Administrative Committee and various other committees, all composed of Members of the Court. During judicial deliberations, the President has a casting vote in the event of votes being equally tied.”

Before joining the ICJ, Donoghue was Principal Deputy Legal Adviser in the U.S. Department of State, a position in which her duties included advising the Secretary of State and other officials on all aspects of international law. She’d practiced at State since 1984, with a few breaks to serve as Deputy General Counsel for the U.S. Department of the Treasury and General Counsel for Freddie Mac. She holds bachelor’s and law degrees from the Santa Cruz and Berkeley campuses, respectively, of the University of California.

Having been elected President by a vote of her peers on the court, Judge Donoghue will serve a 3-year term – as will her colleague who was elected Vice-President, Judge Kirill Gevorgian of the Russian Federation.

Students in Georgia Law’s Appellate Litigation Clinic win Board of Immigration Appeals case on behalf of asylum-seeker from Russia

Four students in the University of Georgia School of Law Appellate Litigation Clinic have just secured asylum relief for a Russian client, and in so doing earned hands-on experience in practicing law in today’s interconnected world.

The client, Rim Iakovlev, is a Jehovah’s Witness who had fled to the United States after a ruling by the Russian Supreme Court outlawed his religion. A U.S. immigration judge granted his petition for asylum. But the U.S. Department of Homeland Security appealed. It was at this point that the Board of Immigration Appeals, through its pro bono project, appointed Georgia Law’s Appellate Litigation Clinic to represent asylum-seeker Iakovlev. The Board is an administrative appellate agency within the Executive Office for Immigration Review, U.S. Department of Justice.

Drafting the brief in the case, under supervision by Professor Thomas V. Burch, Director of the Appellate Litigation Clinic, were four Georgia Law students: 3Ls Wade H. Barron, C. Daniel Lockaby, and Sarah A. Quattrocchi, and 2L Addison Smith. Their brief stressed consistencies in the accounts given by Iakovlev and his wife, and also refuted the DHS contention that the asylum-seeker was obliged to present a letter from his congregation attesting to his status as a Jehovah’s Witness.

Upon reading the parties’ briefs, the Board of Immigration Appeals affirmed the immigration judge’s decision to grant Iakovlev’s petition for asylum. DHS chose not to appeal the Board’s decision, so that Iakovlev was released from detention last week.

Russian law students & practitioners invited to free webinar on LL.M. study in the United States

1Law students and lawyers in Russia are invited to take part in a free webinar regarding postgraduate legal study in the United States. It’s set for 17:00 (UTC+3, Moscow time) on Wednesday, November 7, and will focus on “Understanding the LL.M. Application Process and the LL.M. experience at U.S. Law Schools.”

Hosted by EducationUSA Russia, the free webinar will feature Laura Tate Kagel, our Center’s Associate Director of International Professional Education. Joining her will be  Valeria Subocheva Smith, who completed her LL.M. degree at Georgia Law in 2018.  Valeria will share her experiences and answer questions from prospective applicants.

No registration is necessary. Details on how to join the webinar, here. Details about Georgia Law’s LL.M. degree here.