Georgia Law’s International Law Colloquium returns for Spring 2017

intl_law_colloquiumThe International Law Colloquium, a time-honored tradition here at the University of Georgia School of Law, returns this spring semester with another great lineup of global legal experts.

Led by my international law colleague and our newest holder of an international law professorship, Harlan G. Cohen (prior posts), this 3-credit course consists of presentations of substantial works-in-progress on a variety of international law topics by prominent scholars from other law schools. Since the series began in 2006, students have read and written reaction papers on the scholars’ manuscripts, and then discussed the papers with the authors in class. Other Georgia Law and university faculty often have joined in these dialogues. I look forward to doing so this semester.

We at the Dean Rusk International Law Center are pleased to support this colloquium, thanks to the work of Kathleen A. Doty and Britney Hardweare, respectively, our Center’s Director of and Administrative Assistant for Global Practice Preparation.

Presenting at the Spring 2017 Colloquium are:

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◄ January 20: Duncan B. Hollis, Associate Dean for Academic Affairs and James E. Beasley Professor of Law at Philadelphia’s Temple University Beasley School of Law, Constructing Norms for Global Cybersecurity.

kingsbury► January 27: Benedict Kingsbury, Murry & Ida Becker Professor of Law and Director of the Institute for International Law and Justice at New York University School of Law, Contested Megaregulation: Global Economic Ordering After TPP.

todres◄ February 3: Jonathan Todres, Professor of Law, Georgia State University College of Law, Human Rights Education: Traversing Legal and Geographical Boundaries.

jain► February 10: Neha Jain, Associate Professor of Law and McKnight Land-Grant Professor, University of Minnesota Law School, Radical Dissents at International Criminal Courts.

puig◄ February 24: Sergio Puig, Associate Professor of Law and Director of the International Economic Law and Policy Program at the University of Arizona James E. Rogers College of Law, Blinding International Justice.

donde► March 15: Professor Javier Dondé Matute (LLM 1998) of the National Institute of Criminal Sciences, Mexico City, Mexico, a Spring 2017 Georgia Law Visiting Scholar, Criminal Responsibility as a Founding Principle of International Criminal Law.

durkee◄ March 24: Melissa J. Durkee, Assistant Professor of Law, University of Washington School of Law, The Global Norms Market.

achiume► March 31: Professor E. Tendayi Achiume, Assistant Professor of Law, UCLA School of Law, International Law and Xenophobic Anxiety.

(Cross-posted from Exchange of Notes)

“IntLawGrrls conceived”: Heartfelt invitation to our 10th Birthday Conference

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Why IntLawGrrls?

The need for an online forum giving voice to women who work in international law and policy began to take shape 10 years ago this autumn.

An issue of the day was Guantánamo; specifically, what was the United States to do now that the U.S. Supreme Court, in a June 2006 decision in Hamdan v. Rumsfeld, had ruled President George W. Bush’s military commissions unconstitutional?

Many women had worked, spoken, or written on GTMO – not only in law review articles, but also in court pleadings. I was one of them, having published “Guantánamo” in the Columbia Journal of Transnational Law in 2004 and served in 2006 as principal author of the amicus brief in Hamdan filed jointly by the National Institute of Military Justice and the Bar Association of the District of Columbia.

And yet, when Congress convened post-Hamdan hearings, witness after witness was exclusively male. Worse still, the perspectives these men advanced by no means covered the spectrum – no surprise given that all of them had served in the Executive Branch of the U.S. government, and only one staked any claim to expertise in human rights law. Nothing approximating either a nongovernmental or feminist perspective surfaced in those sessions on Capitol Hill.

News accounts of such manels got me thinking about launching a blog.

Opinio Juris, founded in November 2004, had revealed an international law community rife with readers and contributors. But posts by women were few, as was then and remains today the case on digital platforms. I imagined that a blog open only to women might attract women – that women would see it as both an invitation and an obligation to contribute. Going pink would set a strong contrast with OJ‘s baby-blue image.

The name? “IntLaw” was easy, and for obvious reasons.

“Grrls” was obvious too. The spelling’s angry “grr” owes much to the circa-1990s Riot Grrrls; the concept, to the Guerrilla Girls, a group that since 1985 has been wreaking feminist havoc in the male-dominated art world. (Years later, we would recognize Pussy Riot, a band-turned-movement that, like Guerrilla Girls, remains active.)

dowomenhavetobenaked2005smallrgbAs the Guerrilla Girls’ website recalls:

“They assumed the names of dead women artists and wore gorilla masks in public, concealing their identities and focusing on the issues rather than their personalities.”

And so did IntLawGrrls. Well, not the gorilla masks (at least not in public). But in the infant months after our birth-day on March 3, 2007, each of us assumed the name of a foremother as our pseudonym, and posted in her honor. I was Gráinne Ni Mháille, or Grace O’Malley, the Irish pirate who also would be embraced by contributors Fionnuala Ní Aoláin and Gráinne de Búrca. A charter contributor, Beth Van Schaack, took the name of her distant relative, Eleanor Roosevelt. It will come as little surprise to learn that others followed suit in honoring ER, who remains our blog’s proto-foremother. Another early contributor, Jaya Ramji-Nogales, posted in the name of the 19th Century Indian queen Lakshmi Bai.

A half-dozen months and scores of contributors later, we ‘Grrls began posting in our own names, though we continued to name foremothers both in introductory posts and in an honor roll posted online. Kathleen A. “Kate” Doty, for example, thus paid homage to Queen Lili‘uokalani, the last monarch of Hawai‘i.

clearerwicl_posterOver time, Beth, Jaya, Kate, and I evolved into the editors of IntLawGrrls. Our collaboration included hosting a conference at Tillar House, the American Society of International Law headquarters, and publishing a special issue of the International Criminal Law Review, dedicated to Judge Patricia M. Wald, on “Women and International Criminal Law.” We worked together through December 2012, when the blog took a couple-months’ hiatus and then revived. It’s been wonderful to watch the replenishment of energy and contributors at this new URL, thanks to Cecilia Marcela Bailliet and many others.

Then as now – nearly 10 years, hundreds of contributors, and thousands of posts later – IntLawGrrls mentors new voices and fosters community among contributors at all stages of their careers. Our periodic group photos are evidence of that. (At top is our photo from last spring’s ASIL annual meeting, when IntLawGrrl Betsy Andersen, 2d from right in top row, earned the Prominent Woman in International Law Award.)

To celebrate our utterly unexpected achievement, we’re throwing a party.

georgiawill_logoBeth, Jaya, Kate, and I have reunited to organize IntLawGrrls! 10th Birthday Conference. We welcome all of our vast IntLawGrrls community to join us on Friday, March 3, 2017 – on the precise date of our 10th birthday – at my home institution, the Dean Rusk International Law Center, University of Georgia School of Law, Athens, Georgia USA, which is hosting as part of our Georgia WILL initiative.

Details and our call for papers are available at our conference website and in the item Jaya posted last week. Suffice it to say that we welcome proposals, in English, French, or Spanish, from all in our community. Topics may include any issue of international, comparative, foreign, or transnational law or policy. We especially welcome contributions from subfields traditionally dominated by men. Academics and practitioners, students and professors, advocates and policymakers alike are most welcome to submit.

We’re planning a plenary aimed at getting us through the next several years – title is “strategies to promote women’s participation in shaping international law and policy amid the global emergence of antiglobalism” – and we hope to organize a few more according to participants’ interests. We look forward to an opportunity to network, to meet old friends and make new ones, to celebrate our accomplishments and lay plans for greater achievements in the coming decade.

I thank all of you for your support of our efforts this last decade, and look forward to seeing many of you here in March.

‘Nuff said.

(Cross-posted from IntLawGrrls blog)

Distinguished jurist Navi Pillay discusses state sovereignty and human rights

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“The biggest violators of human rights are states themselves, by commission or omission.”

This quote by Navi Pillay aptly summarized her talk on “National Sovereignty vs. International Human Rights.” Pillay, whose renowned legal career has included posts as U.N. High Commissioner for Human Rights and as a judge on the International Criminal Court and the International Criminal Tribunal for Rwanda, spoke this morning at the University of Georgia School of Law Atlanta campus.

Elaborating on the quote above, Pillay decried national legislation aimed at restricting the activities – and with it the effectiveness – of local nongovernmental organizations. Such anti-NGO laws already have passed in Russia and are pending in Pillay’s home state of South Africa, among other countries. That said, she welcomed new means of speaking law to power; in particular, social media that permit human rights advocates to reach millions. Also welcomed were accountability mechanisms that the United Nations has developed in recent decades, such as Universal Periodic Review by the Human Rights Council, reporting processes of treaty bodies, and reports by special rapporteurs.

amann_pillayI was honored to give welcoming remarks at the breakfast. Georgia Law’s Dean Rusk International Law Center, which I lead, cosponsored this Georgia WILL event with the World Affairs Council of Atlanta and Georgia State University’s Global Studies Institute. (We owe special thanks to Judge Dorothy Toth Beasley for her hospitality this week.)

Conversing with Pillay was World Affairs Council President Charles Shapiro. They began by speaking of Pillay’s childhood in Durban, where she grew up the daughter of a bus driver. She spoke of how testifying as a 6-year-old in the trial of a man who’d stolen money from her helped spark her desire to become a lawyer – and how donations from her community helped make that dream a reality.

Shapiro then asked about capital punishment, noting a scheduled execution. Pillay acknowledged the absence of any universal treaty outlawing the death penalty, but found evidence of U.N. opposition both in the decision not to permit the penalty in U.N. ad hoc international criminal tribunals and in the growing support for the oft-repeated U.N. General Assembly resolution calling for a moratorium on capital punishment.

“It started with just 14 states against the death penalty, and is now more than 160,” said Pillay, who currently serves on the International Commission against the Death Penalty.

img_0335On this and other issues, she said, advocates endeavor to encourage states first to obligate themselves to respect and ensure human rights, and then to implement the undertakings they have made in this regard:

“The United Nations was formed by states. It is a club of governments. Look how steadily they have adopted treaties and agreed to be bound by them. That doesn’t mean we are transgressing sovereignty.”

(Cross-posted from Exchange of Notes)

Role of “commentaries” key to significance of ICRC project

The role of “commentaries” in the shaping of contemporary international law proved a recurring question in the just-concluded morning public plenary of today’s conference, “Humanity’s Common Heritage: 2016 Commentary on the First Geneva Convention.”

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First broaching the issue was the keynote, Jean-Marie Henckaerts (above). A Georgia Law alumnus, he’s the Legal Adviser at the International Committee of the Red Cross who’s leading the ICRC’s multiyear effort to produce 21st C. commentaries on the meaning of the core instruments of international humanitarian law; that is, the four Geneva Conventions of 1949 and their subsequent Protocols Additional. Joining him were participants in the panel that followed: speakers Major-General Blaise Cathcart, Judge Advocate General of the Canadian Armed Forces, NYU Law Professor Ryan Goodman, Emory Law Professor Laurie R. Blank, and Oxford Law Professor Dapo Akande, plus the moderator, yours truly, Associate Diane Marie Amann. I’ve the honor of serving as director of the Dean Rusk International Law Center at the University of Georgia School of Law, which is sponsoring the event along with the ICRC and the Georgia Journal of International & Comparative Law.

Soon to appear in print, the 2016 Commentary is available online here. At that website, the 2016 Commentary is situated alongside an earlier version, published in the 1950s by ICRC jurist Jean Pictet – and there’s a rub.

“Commentaries are not unusual,” Henckaerts remarked, adding that tomes exist commenting on nearly all the world’s treaties. Though true, the observation pretermits the sui generis status of the author of the 2016 Commentary – the ICRC, since 1863 a Geneva-based private organization that has led developments related to the shaping and compliance with international humanitarian law.

The earlier volumes “are ‘capital C,’ or maybe all caps,” Blank said. Others agreed, pointing not only to the ICRC’s unique status, but also to the fact that the Pictet commentaries  occurred when the intentions of the negotiating states parties – to quote Goodman, “what the framers had in mind” – were well within memory. Continuing her analogy, Blank said she regarded the 2016 effort as a “small c” commentary –  an extraordinary collection of expert analysis, but not exactly the same thing” as the Pictet effort.

Akande broadened the conversation, examining the ICRC commentaries within the context of public international law and treaty interpretation. Pictet’s work may enjoy “unjustifiable authority,” he said, adding that the constitutive nature of the new effort might outweigh any resulting loss of authoritative status. He then called upon the ICRC consistently to be “upfront” about how and why it arrived at its interpretive conclusions.

The points provoked multiple questions: How are treaties to be interpreted? What individuals or entities have authority to engage in interpretation? What weight do interpretations of states parties deserve – and with regard to universally ratified treaties like these, which states parties? What weight to a private organization like the ICRC? Nongovernmental organizations? And what about the victims of armed conflict – do their voices matter in this interpretive effort, and if so, how can victims be given voice?

The search for answers to these and many other questions continued this afternoon. In 3 consecutive closed sessions, about 2 dozen experts (including IntLawGrrl Shana Tabak, pictured at right) discussed: (1) the Common Article 1 obligation to “ensure respect” for the Geneva Conventions; (2) protection of the wounded, sick, and other specially protected persons; and (3) classification of armed conflict.

(Cross-posted from Exchange of Notes blog)

Visit from LL.M. alumnus sheds light on in-court Congolese child-rights project

kabuyaD3_17aug15A favorite aspect of my new position is becoming acquainted with Georgia Law’s vast global community.

Yesterday was a special treat: We at the law school’s Dean Rusk International Law Center received a visit from an alum who is doing great work back home in the Democratic Republic of the Congo.

The alumnus is Mukendi Kabuya, who earned an LL.M. degree here in 2010. He’s now an attorney at Kinshasa’s Delt-August Law Firm, where his practice includes international investment, immigration, and business matters.

Last year, Mukendi co-founded a child-rights nonprofit modeled on the Court Appointed Special Advocate (CASA) program, where he used to work. CASA Democratic Republic of Congo is based in Kinshasa, but works throughout the country to provide in-court assistance to abused and neglected children – including children who have survived armed conflict and similar violence. This critical effort comes at a critical time: Congo’s juvenile justice system is very young. Before it was established, children found themselves relegated to the adult system.

While here, Mukendi, who is President of the Africa Chapter of the UGA Alumni Association, stopped by the university’s African Studies Institute. And he talked about his work and career with Georgia Law’s newest LL.M. students, who begin classes today. He’s pictured above talking with two just-enrolled students from Nigeria, Gladys Ashiru, at left, and Oluwakemi “Kemi” Kusemiju.

Looking forward to the next visit from this impressive alum.

Deadline nears for ASIL Helton Fellowships

asil_logoThe American Society for International Law is accepting applications for its 2015 Helton Fellowships. The Helton Fellowship Program, established in 2004, recognizes the legacy of Arthur C. Helton, an ASIL member who died in the August 19, 2003, bombing of the UN mission in Baghdad. Helton Fellowships provide financial assistance in the form of “micro-grants” for law students and young professionals to pursue field work and research on significant issues involving international law, human rights, humanitarian affairs, and related areas.
Applications are due this Monday, January 19, 2015, and only the first 50, fully complete applications will be considered. This is a fantastic opportunity for students and new  professionals to further their career in international law.
Details here or by e-mailing fellowship@asil.org.

International Review of the Red Cross review of Jess Bravin’s “Terror Courts”

bravin3As I’ve indicated in prior posts, among the more significant recent writings on international humanitarian law is The Terror Courts: Rough Justice at Guantanamo Bay. This account of the military commissions established in the wake of the terrorist attacks of September 11, 2001, appeared in hardback in 2013 and in paperback earlier this year. The author is Jess Bravin, the Wall Street Journal‘s Supreme Court reporter, whom I met while observing commissions proceedings at Gitmo in December 2008 (prior post). I’m pleased to have just published a review of his book in the International Review of the Red Cross. Available here, my book review summarizes the content of Terror Courts and places it in its context, as a must-read on international humanitarian law in this post-9/11 world.