culture

LONDON – Building on yesterday’s post about the magical London conference launching Arcs of Global Justice: Essays in Honour of William A. Schabas (Margaret M. deGuzman and Diane Marie Amann eds.), today’s post profiles the book itself, which, thanks to excellent assistance from John Louth, Blake Ratcliff, and their staff, has just been published by Oxford University Press. (The hardback may be ordered via OUP or Amazon, and the book’s also available on Kindle.)

Very pleased to have coedited this volume with my colleague Meg. The concept, in our words:

Martin Luther King, Jr. once said ‘the arc of the moral universe is long, but it bends toward justice.’ Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor.

This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.

In all, the book includes 29 contributions by 35 academics, advocates, and jurists, as detailed in the table of contents below. Providing jacket-cover testimonials were Steven Kay QC, Philippe Sands QC, Professor and former Ambassador David Scheffer, and Judge Christine Van den Wyngaert. We hope that you’ll follow their recommendations and give these important, substantive essays a very good read.

Arcs of Global Justice:
Essays in Honour of William A. Schabas

Foreword by Diane Marie Amann and Margaret M. deGuzman, coeditors
Introduction: William Schabas: Portrait of a Scholar/Activist Extraordinaire by Roger S. Clark, Board of Governors Professor of Law, Rutgers University School of Law

Human Rights
Human Rights and International Criminal Justice in the Twenty First Century: The End of the Post-WWII Phase and the Beginning of an Uncertain New Era by M. Cherif Bassiouni (He died at age 79 in September, just weeks after he completed final changes on this essay; as posted, our conference included a memorial to him. At the time of his death, he was Emeritus Professor of Law, DePaul University College of Law; Honorary President, Siracusa Institute for Criminal Justice and Human Rights; and Honorary President, L’Association internationale de droit pénal.)
William Schabas, the Canadian Charter of Rights and Freedoms and International Human Rights Law by Justice Thomas A. Cromwell, Supreme Court of Canada, and Bruno Gélinas-Faucher, formerly a law clerk on that court and now a Cambridge PhD candidate
The International Convention on the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty by Emmanuel Decaux, Professor Emeritus, Université Paris 2 (Panthéon-Assas), and former President, Committee on Enforced Disappearances
The Politics of Sectarianism and its Reflection in Questions of International Law & State Formation in The Middle East by Kathleen Cavanaugh, Senior Lecturer at the Irish Centre for Human Rights, National University of Ireland Galway, and  Joshua Castellino, Professor of Law & Dean of the School of Law, as well as the Business School, at Middlesex University, London

Capital Punishment
International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change? by Sandra L. Babcock, Clinical Professor of Law at Cornell Law School and Faculty Director of the Cornell Center on the Death Penalty Worldwide
The UN Optional Protocol on the Abolition of the Death Penalty by Marc Bossuyt, Fellow at the Stellenbosch Institute for Advanced Study, Emeritus Professor of the University of Antwerp, Emeritus President of the Constitutional Court of Belgium, and former Chairman of the UN Commission on Human Rights
The Right to Life and the Progressive Abolition of the Death Penalty by Christof Heyns, formerly the UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2010 through 2016, and now a member of the UN Human Rights Committee and Professor of Human Rights Law at the University of Pretoria, Thomas Probert, Research Associate, Centre of Governance & Human Rights, University of Cambridge, and Tess Borden, Aryeh Neier Fellow at Human Rights Watch and the American Civil Liberties Union, and former researcher for the UN Special Rapporteur on extrajudicial, summary or arbitrary execution
Progress and Trend of the Reform of the Death Penalty in China by Zhao Bingzhi, Dean of the College for Criminal Law Science of Beijing Normal University, President of the Criminal Law Research Association of China, Vice-President of the International Association of Penal Law, and President of that association’s Chinese National Group

International Criminal Law
Criminal Law Philosophy in William Schabas’ Scholarship by Margaret M. deGuzman, Professor of Law at Temple University’s Beasley School of Law
Is the ICC Focusing too Much on Non-State Actors? by Frédéric Mégret, Associate Professor and Dawson Scholar, Faculty of Law, McGill University
The Principle of Legality at the Crossroads of Human Rights and International Criminal Law by Shane Darcy, Senior Lecturer at the Irish Centre for Human Rights, National University of Ireland Galway
Revisiting the Sources of Applicable Law Before the ICC by Alain Pellet, Emeritus Professor at the University of Paris Nanterre, former Chairperson of the UN International Law Commission, President of the French Society for International Law, Member of the Institut de droit international, as well as Counsel and Advocate before the International Court of Justice, the International Tribunal for the Law of the Sea, and other forums
The ICC as a Work in Progress, for a World in Process by Mireille Delmas-Marty, Member, Institut de France, and Professor Emerita, Collège de France de Paris
Legacy in International Criminal Justice by Carsten Stahn, Professor of International Criminal Law and Global Justice, Leiden University
Torture by Private Actors and ‘Gold Plating’ the Offence in National Law: An Exchange of Emails in Honour of William Schabas by Andrew Clapham, Professor of Public International Law at the Graduate Institute of International and Development Studies in Geneva, and Paola Gaeta, Professor of International Law and International Criminal Law at the Graduate Institute of International and Development Studies, Geneva

Genocide and Crimes Against Humanity
Secrets and Surprises in the Travaux Préparatoires of the Genocide Convention by Hirad Abtahi, First Legal Adviser, Head of the Legal and Enforcement Unit, at the Presidency of the International Criminal Court, and Philippa Webb, Reader (Associate Professor) in Public International Law at King’s College London and a barrister at 20 Essex Street Chambers
Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity by Jérémie Gilbert, Professor of International and Comparative Law, University of East London
Crimes Against Humanity: Repairing Title 18’s Blind Spots by Beth Van Schaack, Leah Kaplan Visiting Professor in Human Rights at Stanford Law School and Visiting Scholar at the Center for International Security & Cooperation at Stanford University
A New Global Treaty on Crimes Against Humanity: Future Prospects by Leila Nadya Sadat, James Carr Professor of International Criminal Law and Director of the Whitney R. Harris World Law Institute at Washington University School of Law, Special Adviser to the ICC Prosecutor on Crimes Against Humanity, and Director of the Crimes Against Humanity Initiative

Transitional Justice and Atrocity Prevention
Justice Outside of Criminal Courtrooms and Jailhouses by Mark A. Drumbl, Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington and Lee University School of Law
Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone by Charles Chernor Jalloh, Professor of Law, Florida International University, and a member of the International Law Commission
International Criminal Tribunals and Cooperation with States: Serbia and the provision of evidence for the Slobodan Milosevic Trial at the ICTY by Geoffrey Nice QC, a barrister since 1971, formerly at the International Criminal Tribunal for the Former Yugoslavia, and Nevenka Tromp, Lecturer in East European Studies at the University of Amsterdam and former member of the ICTY Leadership Research Team
The Arc toward Justice and Peace by Mary Ellen O’Connell, the Robert and Marion Short Chair in Law at the University of Notre Dame Law School
The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Co-operation between the UN and regional Arrangements by Adama Dieng, UN Under-Secretary-General and Special Adviser on the Prevention of Genocide, as well as former Registrar of the International Criminal Tribunal for Rwanda and former Secretary-General of the International Commission of Jurists

Justice in Culture and Practice
Law and Film: Curating Rights Cinema by Emma Sandon, Senior Lecturer in Film and Television at Birkbeck, University of London, and a Research Fellow to the Chair for Social Change, University of Johannesburg
The Role of Advocates in Developing International Law by Wayne Jordash QC, international human rights and humanitarian lawyer and founding partner of Global Rights Compliance
Bill the Blogger by Diane Marie Amann, Emily and Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law

LONDON – “Optimism” was the byword for Friday’s magical conference launching Arcs of Global Justice: Essays in Honour of William A. Schabas, the just-published Oxford University Press collection coedited by Margaret M. deGuzman and myself.

The event took place in a Christmas-tree-lighted conference room at 9 Bedford Row, the London chambers where our honouree, Bill Schabas (above center), is a door tenant. Joining Bill and his wife, Penelope Soteriou, were several of the 35 women and men whose 29 contributions comprise the volume, many friends, colleagues, PhD students, and relatives.

Gillian Higgins (left), Head of the International Practice Group at 9 Bedford Row, opened with a warm message of welcome and congratulations. Then followed a celebration that combined lighthearted anecdotes with serious presentations of scholarship. Topics ranged as far and wide as Schabas’ multifaceted career, which includes current appointments as Professor of International Law at Middlesex University, London, Professor of International Criminal Law and Human Rights at Leiden University, and Emeritus Professor of Human Rights Law and Honorary Chairman of the Irish Centre for Human Rights, National University of Ireland Galway; service as a member of the Sierra Leone Truth and Reconciliation Commission and as a consultant on capital punishment for the United Nations Office of Drugs and Crime; and authorship of hundreds of books, chapters, and articles.

A sobering moment came in Birkbeck Lecturer Emma Sandon‘s discussion of Schabas’ role as an organizer of and speaker at human rights film festivals. Sandon (above) concluded with a clip from Judgment at Nuremberg (1961). All fell silent while watching the characters in the video courtroom watch actual footage from the Allied liberations of concentration camps like Buchenwald.

Also moving was the memorial that Northwestern University Law Professor David Scheffer gave on behalf of contributor Cherif Bassiouni, who died at age 79 in September, not long after finishing his chapter, entitled “Human Rights and International Criminal Justice in the Twenty-First Century: The End of the Post-WWII Phase and the Beginning of an Uncertain New Era.” (Bassiouni also penned a dedication for our conference programme, available in PDF here.) Scheffer described the essay in light of his own and Schabas’ writings, and concluded on a optimistic note regarding the future of human rights.

That same note sounded in Schabas’ own interventions throughout the day. On issues ranging from the International Criminal Court to abolition of the death penalty, he assured his audience that even in these times, when the day-to-day “weather” may seem grim, the overall “climate” offers much room for optimism.

Here’s order of the day (full PDF programme here; additional contributors in attendance included Middlesex Law Dean Joshua Castellino and Cambridge PhD candidate Bruno Gélinas-Faucher):

Arcs of Global Justice:
Conference Launching Essay Collection in Honour of William A. Schabas
Friday, 8 December 2017, 9 Bedford Row, London

Opening
“Welcome” by Gillian Higgins, Head of the International Practice Group at 9 Bedford Row
“In Memoriam for Cherif Bassiouni” by David Scheffer, Mayer Brown/Robert A. Helman Professor of Law and Director of the Center for International Human Rights at Northwestern University Pritzker School of Law, Chicago
“Introduction to Arcs of Global Justice” by coeditors Diane Marie Amann and Margaret M. deGuzman

International Law & Criminal Justice
“The Principle of Legality at the Crossroads of Human Rights & International Criminal Law” by Shane Darcy, Senior Lecturer at the Irish Centre for Human Rights, National University of Ireland Galway
“Criminal Law Philosophy in William Schabas’s Scholarship” by Margaret M. deGuzman, Professor of Law at Temple University’s Beasley School of Law
“Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity” by Jérémie Gilbert, Professor of International and Comparative Law, University of East London
“Toward Greater Synergy between Courts & Truth Commissions in Post-Conflict Context: Lessons from Sierra Leone” by Charles Chernor Jalloh, Professor of Law, Florida International University, and a member of the International Law Commission
Moderator: Kathleen Cavanaugh, Senior Lecturer at the Irish Centre for Human Rights, National University of Ireland Galway

Justice / Scholarship / Culture / Practice
“Bill the Blogger” by Diane Marie Amann, Emily and Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law
“Advocates, Scholars & Maintaining the International Criminal Law Momentum” by Wayne Jordash QC, international human rights and humanitarian lawyer and founding partner of Global Rights Compliance
“Law & Film: Curating Rights Cinema” by Emma Sandon, Senior Lecturer in Film and Television at Birkbeck, University of London, and a Research Fellow to the Chair for Social Change, University of Johannesburg
Moderator: Michelle Farrell, Senior Lecturer in Law in the School of Law and Social Justice, University of Liverpool

Abolition of the Death Penalty
“International Law & the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?” by Sandra L. Babcock, Clinical Professor of Law at Cornell Law School and Faculty Director of the Cornell Center on the Death Penalty Worldwide
The Right to Life & the Progressive Abolition of the Death Penalty by Thomas Probert, Research Associate, Centre of Governance & Human Rights, University of Cambridge (on behalf of himself & co-authors Christof Heyns & Tess Borden)
Moderator: Jon Yorke, Professor of Human Rights and Director of the Centre for Human Rights at Birmingham City School of Law

Closing
Introduction by John Louth, Editor-in-Chief of Academic Law at Oxford University Press
Remarks by William A. Schabas OC MRIA

Reception

With thanks to our host, 9 Bedford Row, & cosponsor, Oxford University Press

◊ ◊ ◊

Tomorrow’s post: Details on Arcs of Justice: Essays in Honour of William A. Schabas (Margaret M. deGuzman and Diane Marie Amann, eds.) (OUP 2018) (The hardback may be ordered via OUP or Amazon, and the book’s also available on Kindle.)

nguyenGeorgia Law’s Dean Rusk International Law Center, for which I serve as director, will host a roundtable on the legacies of the U.S.-Vietnam War as part of next week’s visit here by Viet Thanh Nguyen, a University of Southern California professor whose first novel, The Sympathizer, won the 2016 Pulitzer Prize for Fiction.

nothingEntitled “Vietnam/War/Memory/Justice: A Conversation with Viet Thanh Nguyen,” our roundtable will take place from 4 to 5:30 p.m. this Tuesday, February 14, in the Larry Walker Room on the 4th floor of the law school’s Dean Rusk Hall.

The topic of the roundtable is drawn from Nguyen’s 2016 work, Nothing Ever Dies: Vietnam and the Memory of War, which itself was nominated for the 2016 National Book Award for Nonfiction. (Nguyen’s newest book, a short-story collection titled The Refugees, was published yesterday.) In Nothing Ever Dies, Nguyen writes:

“Memory, like war, is often asymmetrical.”

The same may be said of justice; in particular, of efforts to right the wrongs done during armed conflict and similar extreme violence. These issues of transitional justice, memory, and war will be explored in the roundtable, at which Nguyen will be joined by:

tiana-mTiana S. Mykkeltvedt, Georgia Law alumna, member of the Dean Rusk International Law Center Council, and partner at the Atlanta law firm Bondurant Mixson & Elmore, who was flown out of Vietnam as an orphan in April 1975 in what came to be known as Operation Babylift; and

amann► Yours truly, Diane Marie Amann, Associate Dean for International Programs & Strategic Initiatives and Emily & Ernest Woodruff Chair in International Law at Georgia Law, who also serves as the International Criminal Court Prosecutor’s Special Adviser on Children in & affected by Armed Conflict.

Roundtable space is limited, and registration, available here, is recommended. For more information, contact ruskintlaw@uga.edu.

Our Center is especially pleased to sponsor this event, given that our namesake, the late Dean Rusk, a Georgia Law professor, and served as U.S. Secretary of State during the first years of the Vietnam War. The Georgia Asian Pacific American Bar Association, the Vietnamese American Bar Association of Georgia, and Georgia Law’s Asian Law Students Association are cosponsoring the roundtable. It will be the last in a series of Global Georgia events hosted by other university units, most notably the Department of Comparative Literature and the Willson Center for Humanities and Arts:

► 4 p.m. Monday, February 13, in the university Chapel, Nguyen will deliver the 3d Annual Betty Jean Craige Lecture of the Department of Comparative Literature, entitled “Nothing Ever Dies: Ethical Memory and Radical Writing in The Sympathizer.” For information, contact Professor Peter D. O’Neill at pon@uga.edu.

► 6-7 p.m. Sunday, February 12, at Avid Bookshop, 493 Prince Avenue in downtown Athens, a book-signing of The Refugees.

(Cross-posted from Exchange of Notes)

mg_9238

A very special film event will open IntLawGrrls! 10th Birthday Conference, the global gathering we’re very pleased to host this spring.

On the evening of Thursday, March 2, 2017, the conference will begin with a screening of “500 Years,” a documentary about Guatemala. This Athens, Georgia, screening – taking place just weeks after the film’s premiere at the 2017 Sundance Festival – will feature a conversation with its award-winning director, Pamela Yates (below), and producer, Paco de Onís. Yates, who describes herself as “an American filmmaker and human rights defender,” has posted on her work at IntLawGrrls (see here and here), which is celebrating a decade as the pre-eminent international law blog written primarily by women.

yates_pamela“500 Years” concludes a Guatemala trilogy begun with “When the Mountains Tremble” (1983) and “Granito: How to Nail a Dictator” (2011), As described at the Skylight Pictures website:

“From a historic genocide trial to the overthrow of a president, ‘500 Years’ tells a sweeping story of mounting resistance played out in Guatemala’s recent history, through the actions and perspectives of the majority indigenous Mayan population, who now stand poised to reimagine their society.”

On Friday, March 3, 2017, IntLawGrrls! 10th Birthday Conference will continue with the daylong Research Forum at the University of Georgia School of Law Dean Rusk International Law Center.  As introduced in prior posts, this Forum will feature presentations by international law academics, practitioners, and policymakers, plus a plenary panel on “strategies to promote women’s participation in shaping international law and policy amid the global emergence of antiglobalism.”

This IntLawGrrls event is part of the law school’s Georgia Women in Law Lead (Georgia WILL) initiative and of the Global Georgia Initiative of the university’s Willson Center for Humanities and Arts. Additional conference cosponsors include Georgia Law’s Women Law Students Association and International Law Society, the American Society of International Law and ASIL’s Women in International Law Interest Group, and the Planethood Foundation.

Details on the conference are at the webpage containing the call for papers (deadline January 1, 2017).

(Cross-posted from IntLawGrrls. Credit for Skylight Pictures’ photo above, by Daniel Hernández-Salazar; source for photo of Yates)

davisetal

Alumna Tess Davis, 2d from left, met with Georgia Law 1Ls after her lecture; from left, Hannah Williams, Ava Goble & Karen Hays. Hannah will work on cultural heritage issues this summer through a Global Externship Overseas (GEO) at the Cambodia Ministry of Culture & Fine Arts, Department of Intangible Cultural Heritage.

“As long as there have been tombs, there have been tomb raiders.”

So began the terrific talk on trafficking that Tess Davis, Executive Director of the D.C.-based Antiquities Coalition, delivered to a rapt University of Georgia audience a few days ago.

Having conceded the point quoted at top, Davis stressed that today the problem is much different and much greater. On the list of lucrative transnational organized crime, she asserted, antiquities trafficking places 3d, right behind arms trafficking and drug trafficking.

The threat is not simply one of criminal behavior, she continued. Rather, Davis stressed that profits from antiquities trafficking – profits believed to be in the millions of dollars – provide revenue vital for the nonstate actor waging armed conflict in Syria and Iraq. That entity calls itself “Islamic State” and is often labeled “ISIS” or “ISIL” in the media; taking a lead from diplomats in France and, recently, the United States, Davis preferred “Daesh,” the group’s Arabic acronym, for the simple reason that “they hate to be called that.”

Initially trained as an archeologist, Davis began to focus on legal means to combat antiquities trafficking while still a student at Georgia Law. Since earning her J.D. in 2009, she’s been a leader at the Lawyers’ Committee for Cultural Heritage and in the American Society of International Law Cultural Heritage & the Arts Interest Group, a researcher at Scotland’s University of Glasgow, a member of Georgia Law’s Dean Rusk International Law Center Council, and, as the photo above demonstrates, a mentor to Georgia Law students and other young lawyers interested in working in the field. Her efforts to help repatriate antiquities stolen from Cambodia earned multiple mentions in The New York Times.

Her talk drew links between the looting of cultural heritage during and after the 1970s Khmer Rouge reign of terror and current looting in the Middle East today. In both instances, she said, “cultural cleansing” – in the contemporary case, the destruction and thievery of monuments sacred to moderate Muslims and others – precedes and parallels efforts to erase and subjugate the humans who venerate those monuments. It’s a state of affairs documented in her Coalition’s new report, “Culture Under Threat.”

“The world failed Cambodia,”

Davis said, then expressed optimism at growing political will to do something about the Middle East. She advocated enactment of S. 1887, the Protect and Preserve International Cultural Property Act now working its way through Congress. The legislation, whose cosponsors include a Georgia U.S. Senator, David Perdue, is urgent: Davis estimated that U.S. buyers represent 43% of the current demand for looted Syrian antiquities.

(Cross-posted from Exchange of Notes blog)

New Orleans will be the site of what looks to be a terrific event next Thursday: “Blood Antiquities,” the Annual Cultural Heritage Seminar, on October 15, 2015. Antiquities Coalition Executive Director Tess Davis, an alumna and member of the Dean Rusk International Law Council at Georgia Law, sends this information:

isis-destroy-palmyra-shrineWith the rise of the Islamic State in Iraq and Syria (ISIS), the world rightfully asked how a militant faction too extreme for Al-Qaeda transformed itself into ‘the world’s richest terror group ever.’ How?
ISIS jihadists earn millions by looting the region’s archaeological sites, and then selling its ancient treasures to the highest bidder.
In the last year alone, we have lost some of the Cradle of Civilization’s most iconic masterpieces and sites, many of which had survived for millennia. This threatens us all: at this moment, ISIS is converting these “blood antiquities” into weapons and troops, which are seizing cities, slaughtering soldiers, and beheading civilians.
Join the Federal Bar Association and the Antiquities Coalition to explore this growing threat to our national security and the world’s cultural heritage. A distinguished panel of archaeologists, lawyers, journalists, and military officials will expose this illicit industry, tracing the path of looted masterpieces from the war zones of Mesopotamia to the very heights of the global market. They will also explore how United States and international law is seeking to cut off this key means of terrorist financing, including recent action by the U.S. Congress and United Nations Security Council.

Details here. (photo credit)