Georgia Law convenes D.C. workshop on “International Law as Behavior”

Kudos to my Georgia Law colleague Harlan G. Cohen for organizing what promises to be a superb conference on “International Law as Behavior,” a daylong presentation of papers that will lead to a same-named essay volume. Convened by the University of Georgia School of Law and the International Legal Theory Interest Group of the American Society of International Law, this book workshop will be held November 13, 2014, at Tillar House, the ASIL headquarters at 2223 Massachusetts Avenue N.W., Washington, D.C.

PrintHere’s the description:

[T]he workshop will bring together scholars working at the cutting edge in a variety of different fields, including constructivist international relations theory, anthropology, behavioral law and economics, organizations theory, social psychology, and sociology to discuss how these approaches can best be applied to the study of international law, how these approaches can complement both each other and positivist and rationalist accounts, the opportunities and challenges of working across these fields, and the development of a common language and tools to study how international actors actually behave, how their rationality is bounded by psychology, how they operate as members of groups and recipients of culture, and how they write and follow organizational scripts.

The conference has a stellar lineup. Set to take part, in addition to Harlan and another Georgia Law colleague, Timothy L. Meyer, are: Elena Baylis, University of Pittsburgh; Tomer Broude, Hebrew University; Adam Chilton, University of Chicago; Sungjoon Cho, Chicago-Kent; Martha Finnemore, George Washington University; Jean Galbraith, University of Pennsylvania; Derek Jinks, University of Texas; Ron Levi, University of Toronto; Galit Sarfaty, University of British Columbia; and Kathryn Sikkink, Harvard University.cd3fd-asil_logo

Details here.

2014 Tale of the treaties tape

un_members_flagsAs it does each year while the U.N. General Assembly’s meeting, the United Nations hosted a 5-day “Treaty Event” aimed at encouraging states to consent to be bound to a range of international conventions. (Previous posts here and here; photo credit) The big news was the boost this gave to the 2013 Arms Trade Treaty; as posted, it’s now set to enter into force on Christmas Eve. Also worth mentioning are joinders to other treaties related to peace, accountability, security, to children, and more generally to human rights. Selected joinders below; the complete record of Treaty Event activities is available here.

Peace, security, accountability

► 2010 Amendments on the crime of aggression to the Rome Statute of the International Criminal Court: Latvia, Poland, and Spain ratified, bringing the total number of adherents to 18. Neither the United States nor any of the 5 permanent members of the U.N. Security Council is among them. As detailed in posts here and here, these amendments cannot take effect any earlier than 2017, and then only if 30 states have accepted and a further vote has been taken. This year and last, tweets from the Crime of Aggression project have named numerous other countries said to be working toward ratification: Argentina, Australia, Brazil, Chile, the Czech Republic, Finland, Georgia, Macedonia, New Zealand, Romania, and Switzerland. If all join, the amendments would be 1 shy of the minimum required.

► 2010 Amendment to Article 8 of the Rome Statute of the International Criminal Court: Latvia, Poland, and Spain likewise ratified this treaty, which would enumerate as crimes in non-international armed conflict certain acts now prohibited only with respect to international armed conflict. The total number of adherent now stands at 21. The treaty entered into force as to some states as early as 2012. Neither the United States nor any of the 5 permanent members of the U.N. Security Council has approved these amendments.

► 1984 Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment: Eritrea acceded, bringing to 156 the total number of parties – among them, the United States and, indeed, all 5 permanent members of the U.N. Security Council.

► 2006 International Convention for the Protection of All Persons from Enforced Disappearance: Angola signed this treaty, which entered into force in 2010. It now has 94 signatories and 43 parties. Of the Security Council’s 5 permanent members, France is a state party, and the only state either to have signed nor ratified.

Treaties relating specifically to children

unicef_children► 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict: Guinea-Bissau ratified this treaty, which entered into force in 2002. That brings to 157 the total number of parties; among them, both nonmember states of the United Nations, the Holy See and the State of Palestine. The United States and, indeed, all 5 permanent members of the U.N. Security Council are states parties to this treaty.

► 2011 Optional Protocol to the Convention on the Rights of the Child on a communications procedure: Andorra, Ireland, and Monaco joined this treaty, which allows children to file complaints with the U.N. Committee on the Rights of the Child. That brings the total number of states parties to 14. The treaty entered into force in April of this year. Neither the United States nor any of the 5 permanent members of the U.N. Security Council has either signed or ratified this treaty.

► 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime: Eritrea acceded to this treaty, which entered into force in 2003. The treaty has 163 parties, including the United States and, indeed, all 5 permanent members of the Security Council.

Human Rights

dis► 2006 Convention on the Rights of Persons with Disabilities: Guinea-Bissau ratified and Samoa signed this treaty, which entered into force in 2008. It now has 151 parties and 159 signatories. Four of the Security Council’s permanent members are states parties; the 5th, the United States has signed but not ratified. The U.S. Senate refused to give the requisite 2/3 approval in 2012, and just a few weeks ago, Republicans blocked a new effort to win the Senate’s advice and consent. (Prior posts)

► 2006 Optional Protocol to the Convention on the Rights of Persons with Disabilities: Denmark acceded to this treaty, which allows individuals to file complaints with the U.N. Committee on the Rights of Persons with Disabilities. That brings the total number of states parties to 85. The treaty entered into force in 2008. Of the Security Council’s 5 permanent members, France and Britain are states parties; the other 3 have neither signed nor ratified.

“Children and International Criminal Justice” @ Georgia Law features ICC Prosecutor, dozens of other experts

Fatou Bensouda-ICC-043-bwshPleased to announce that “Children & International Justice,” an international experts’ conference, will be held Tuesday, October 28, here at my home institution, the University of Georgia School of Law in Athens. Delivering the keynote address will be Fatou Bensouda (left), Prosecutor of the International Criminal Court, whom I am honored to serve as Special Adviser on Children in and affected by Armed Conflict.

Joining us will be more than 2 dozen experts in children’s rights, international criminal law, and transitional justice, who will address a range of issues in a public morning session and in closed afternoon workshops. Experts will be drawn from academia and the practice; from international organizations like UNICEF and the Office of the Special Representative to the U.N. Secretary-General for Children & Armed Conflict; and from nongovernmental organizations like Human Rights Watch, the International Center for Transitional Justice, the International Committee of the Red Cross, No Peace Without Justice, Protect Education in Insecurity & Conflict, Save the Children, and The Carter Center. They will consider legal doctrines, field research, and policy options.

These discussions will assist advising in the ongoing process of development of the Office of the Prosecutor Policy Paper on Children.

The keynote address and the plenary presentations, along with student rapporteurs’ Chatham-House-Rules accounts of the breakout sessions, will be published in the Georgia Journal of International & Comparative Law.

Sponsors, in addition to the journal and the law school, are the law school’s Dean Rusk Center for International Law & Policy, the Georgia Law Project on Armed Conflict & Children, the African Studies Institute of the University of Georgia, for which I serve as an affiliated faculty member, the Planethood Foundation, and the American Society of International Law-Southeast.

The day’s schedule begins with a public plenary session from 9:15-11:15 a.m. in the law school’s Hatton Lovejoy Courtroom, as follows:

drumbmalone-48► 9:15 a.m. Welcomes will be followed by a panel on “Children & International Criminal Justice: An Overview,” featuring Professor Mark A. Drumbl (right), Washington & Lee University School of Law, on Children, Armed Violence and Transition: Challenges for International Law & Policy; Kerry L. Neal (middle right), Child Protection Specialist, Justice for Children, UNICEF, on Child Protection in Time of Armed Conflict; Professor Linda A. Malone (above left), College of William & Mary/Marshall-Wythe School of Law, on Interrelation of the Convention on the Rights of the Child and the Rome Statute of the International Criminal Court; Alec Wargo II (middle left), Program Officer, Office of the Special neal_kerrywargo_alecRepresentative to the U.N. Secretary-General for Children & Armed Conflict, on Securing Prevention and Accountability for the Six Grave Violations against Children; and Jo Becker (bottom right), Advocacy Director, Children’s Rights Division, Human Rights Watch, on Civil Society’s Role with Respect to Children in Armed Conflict. Moderating will be Jo BeckerjallohProfessor Charles C. Jalloh (left), Florida International University School of Law.

► 11:30 a.m. Following introduction by Georgia Law Dean Rebecca H. White, Prosecutor Bensouda will deliver the keynote address.

► The afternoon will feature workshops sessions open only to expert invitees and moderated by my Georgia Law colleagues Harlan G. Cohen and Andrea L. Dennis, as well as me. Topics to be discussed include:

►► Regulatory Framework (Child-specific and child-related crimes, such as recruitment and use of children, sexual violence / trafficking, education, attacks on hospitals / denial of humanitarian access; legal instruments / jurisprudence other than rome statute; children’s rights and human rights law; humanitarian law; law of peace / weapons control treaties; gravity: charging and sentencing)

►► Witnesses, Testimony, and Witness Protection (Identifying and preparing child witnesses, in general, and with relation to specific offenses like sexual violence, against girls and boys; living conditions of children in conflict/postconflict zones; support and witness protection issues; enhancing child witness reliability / challenging of factfinding reparations)

►► Global Child (Children’s vulnerability/victimhood/agency; developmental factors / difficulty of drawing age line; children’s convention: rights and best interests; child protection and child participation: issues of consent; children in militias / conflict zones: roles and experiences; child-friendly dissemination and education)

Experts who will participate in these workshops: Gloria Atiba Davies, Head, Gender and Children Unit, ICC Office of the Prosecutor; Véronique Aubert, Senior Conflict & Humanitarian Policy and Research Adviser, Save the Children, London, England; Hrair Balian, Director of Conflict Resolution Program, Carter Center, Atlanta; Shamila Batohi, Senior Legal Adviser and Head, Legal Advisory Section, ICC Office of the Prosecutor; Dr. Tamora A. Callands, Assistant Research Scientist, Department of Health Promotion and Behavior, College of Public Health, University of Georgia; Rachelle Carnesale, Chief Assistant District Attorney, Cherokee County, Canton, Georgia, former head of the Georgia Division of Family & Children Picture1Services, and former Acting Director and Deputy Director of the Georgia Office of the Child Advocate; Dr. Nathan B. Hansen, Associate Professor and Department Head, Department of Health Promotion and Behavior, College of Public Health, University of Georgia; member of Legal Advisory staff, International Committee of the Red Cross, Washington, D.C.; Francesca Jannotti, Political Officer, Office of the Special Representative to the U.N. Secretary-General for Children & Armed Conflict, New York; Virginie Ladisch, Head, Children & Youth Program, International Center for Transitional Justice, New York; Sharanjeet Parmar, independent consultant on child-crime accountability, Kinshasa, Democratic Republic of the Congo; Mark Richmond, Director, Protect Education in Insecurity & Conflict, Education Above All Foundation, Doha, Qatar, and formerly a Director in UNESCO’s senior education team in Paris; Karin Ryan, Senior Adviser on Human Rights, Carter Center, Atlanta; Manoj Sachdeva, Trial Attorney, ICC Office of the Prosecutor; L. Alison A. Smith, International Criminal Justice Director/Legal Counsel, No Peace Without Justice, Brussels, Belgium; Professor Jonathan Todres, Georgia State University School of Law, Atlanta; and Yayoi Yamaguchi, Associate Legal Advisor, Legal Advisory Section, ICC Office of the Prosecutor.

Details here; registration here.

Arms Trade Treaty has 50+ ratifications; will enter into force before year’s end

The Arms Trade Treaty will take effect on December 24, 2014.

The date was set today, after a spate of treaty actions during this whirlwind week of activities at the United Nations’ New York headquarters. Earlier this morning, the Arms Trade Treaty status page in the U.N. Treaty Collection database indicated that 45 states had joined the treaty, 5 short of the 50 needed. That same page now shows 52 states parties, each of which will become bound to the treaty’s terms when it enters into force on Christmas Eve.

fireToday’s joinders by Argentina, Bahamas, Portugal, the Czech Republic, St. Lucia, Senegal, and Uruguay made the difference. They join as states parties 2 permanent members of the U.N. Security Council, Britain and France, along with Albania, Antigua and Barbuda, Australia, Austria, Belgium, Bulgaria, Burkina Faso, Costa Rica, Croatia, Denmark, Dominican Republic, El Salvador, Estonia, Finland, Germany, Grenada, Guyana, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Latvia, Luxembourg, Mali, Malta, Mexico, Montenegro, New Zealand, Nigeria, Norway, Panama, Romania, Samoa, Sierra Leone, Slovakia, Slovenia, Spain, St. Vincent and the Grenadines, Sweden, The former Yugoslav Republic of Macedonia, and Trinidad and Tobago.

Many more states have signed but not ratified, the United States among them. The remaining 2 members of the P-5, Russia and China, have done neither; reasons here.

Fully half of the 20 arms-exporting countries have joined (specifically, Germany, France, Britain, Spain, Italy, Sweden, Norway, South Korea, South Africa, Belgium); 4 have signed (the United States, Ukraine, Netherlands, and Switzerland); and 6 remain fully outside the treaty regime (Russia, China, Israel, Canada, Uzbekhistan, and Belarus).

As previously posted, the treaty – adopted on April 2, 2013,  by the U.N. General Assembly – aims to curb trafficking in “conventional arms.” The term covers not only heavy weaponry and ammunition, but also small arms and light weapons; these latter constitute a leading cause of attacks that civilians endure in today’s armed conflicts. (credit for UN photo of burning of AK-47s handed over in 2009 South Sudan disarmament process) As stated in Article 2(3) of the treaty (full text text available here), each state party has obligated itself not to

‘transfer of conventional arms …, if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva  Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.’

Here’s hoping these newly assumed treaty obligations advance that worthy goal.

“We must either love each other, or…”: “Daisy,” LBJ’s antinuke ad, turns 50

Today’s the 50th anniversary of “Daisy.” That’s the 60-minute TV advertisement in which a toddler‘s miscount to 10 morphs into a military backcount to 1; simultaneously, her right eye shapeshifts into a mushroom cloud whose explosion wreaks devastation. (Video above.)

“Daisy” helped propel President Lyndon B. Johnson, who had taken office after the assassination of John F. Kennedy less than a year earlier, to a landslide November 1964 win against GOP challenger Barry Goldwater. It’s worth noting for more than that, though. One wonders, for instance, whether the powerful symbolism inspired later Flower Power protests (protests against the escalation of Vietnam, undertaken by post-election President Johnson), not to mention masthead_posterLorraine Schneider’s iconic sunflower poster (right).

Even filtered through the lens of campaign bluster, moreover, the core sentence in “Daisy” has contemporary relevance:

‘We must either love each other, or we must die.’

Schabas outlines Gaza Commission work

schabas3

Readers no doubt are well aware that in July the U.N. Human Rights Council resolved to set up

an independent, international commission of inquiry to investigate all violations of international humanitarian law and international human rights law in the Occupied Palestinian Territory.

Soon after, the Council’s President, Ambassador Baudelaire Ndong Ella of Gabon, announced appointments to the Gaza Commission: as finally constituted, the commission comprises a chair, Professor William A. Schabas of Canada, who holds academic posts at inter alia London’s Middlesex Law and the Netherlands’ Leiden Law, along with 2 members: Dr. Doudou Diène of Senegal, who has served in the past as the United Nations’ Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and also as its Independent Expert on the situation of human rights in Côte d’Ivoire; and Mary McGowan Davis of the United States, formerly a state trial judge and federal prosecutor in New York.

The appointment of Schabas, my longtime colleague, was met with astounding commentary from some sectors. In the 9-minute video pictured above and available here – an interview broadcast yesterday on CNN – Schabas responds to that critique. He further outlines the work of the commission going forward, as well as its potential interrelation with the work of the International Criminal Court.

Munch’s magic Oslo “Scream”

blackOSLO –  Remember the famous Edvard Munch image of The Scream? Well, that’s it at left. At least, that’s how it looked to me on first glimpse at the Munchmuseet, a highlight of this Norwegian capital.

A while back, thieves stole The Scream and another painting, Madonna, from this museum. Both eventually were recovered and again placed on display. But The Scream suffered damage. And so when I entered the small room where it hangs, I found nothing but darkness, so much that I began to leave. Suddenly, an unseen guard said:

‘No, wait. Magic will happen.’

As I inched again into the room, a motion-sensor was triggered, and The Scream emerged from the blackness. The 1893 oil painting’s bright colored swirls madonnawere more brilliant, more moving in person than in any reproduction –  so much more expressive than Munch’s black and white lithograph of the same image. True magic.

A ban on photography in that room precludes showing any but the “before” picture. But the photo at right of the other formerly stolen painting, Madonna, serves to remind of Munch’s eerie genius.

(Thanks to Cecilia Marcela Bailliet and her colleagues at the University of Oslo PluriCourts project for the opportunity to visit and take part in a brilliant conference.)