Georgia Law

1029_3

A scene from IntLawGrrls’ last conference, “Women in International Criminal Law,” October 29, 2010, at the American Society of International Law

Delighted to announce that we will be able to make it easier for some students or very-early-career persons whose papers are accepted for “IntLawGrrls! 10th Birthday Conference” to take part in this daylong celebration.

Thanks to the generosity of the Planethood Foundation, we have established a fund that will provide small grants to help defray the costs of travel to and accommodation at our conference, to be held March 3, 2017, at the Dean Rusk International Law Center, University of Georgia School of Law, Athens, Georgia USA. The law school is hosting as part of its Georgia Women in Law Lead initiative.

We’re pleased too to announce two additional conference cosponsors: the American Society of International Law and ASIL’s Women in International Law Interest Group (WILIG).

As detailed in our call for papers/conference webpage and prior posts, organizers Diane Marie Amann, Beth Van Schaack, Jaya Ramji-Nogales, and Kathleen A. Doty welcome paper proposals from academics, students, policymakers, and advocates, in English, French, or Spanish, on all topics in international, comparative, foreign, and transnational law and policy.

In addition to paper workshops, there will be at least one plenary panel, on “strategies to promote women’s participation in shaping international law and policy amid the global emergence of antiglobalism.”

The deadline for submissions will be January 1, 2017. Students or very-early-career person who would like to be considered for one of these grants to help defray travel costs are asked to indicate this in their submissions. Papers will be accepted on a rolling basis – indeed, we’ve already received several – so we encourage all to submit as soon as they are able.

For more information, see the call for papers or e-mail doty@uga.edu.

(Cross-posted from IntLawGrrls)

image001

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)

duo

“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)

georgiawillheader

I’m very pleased to reprint this announcement of an important Georgia Law initiative, available in its pinkest form here and at the Exchange of Notes blog of our Dean Rusk International Law Center here.

In celebration of its own women leaders and in an effort to nurture women who will lead in the future, the University of Georgia School of Law this year is spearheading Georgia WILL (Georgia Women in Law Lead).

Georgia WILL launched with a breakfast on August 19, 2016, the centenary of the day that the State of Georgia enacted a statute entitled “Attorneys at Law; Females May Be,” and soon admitted Minnie Hale Daniel, whose previous applications had been rejected, as the state’s first woman lawyer. Celebrated along with Daniel were Georgia Law’s first alumnae, Edith House and Gussie Brooks, both members of the Class of 1925, as well as the many women who today help lead the law school. They include: Associate Deans Diane Marie Amann, Lori Ringhand, and Usha Rodrigues; Carol A. Watson, Director of Georgia Law’s Alexander Campbell King Law Library; Ramsey Bridges, Director of Law Admissions; Anne S. Moser, Senior Director of Law School Advancement; Heidi M. Murphy, Director of Communications and Public Relations; and Kathleen A. Day, Director of Business & Finance.

“This is a superb opportunity both to give recognition to our women leaders and to join in the global conversation about women’s leadership,” remarked Georgia Law Dean Peter B. “Bo” Rutledge. “Given our hope that this initiative will foster a new generation of women leaders, we’re especially pleased that our Women Law Students Association is cosponsoring all events.”

Events in the next twelve months will feature women, including members of the Georgia Law community, who are national and international pathbreakers in law, business, and public service. One highlight event will occur at the annual meeting of the Association of American Law Schools in San Francisco, where Georgia Law will host a brainstorming session for women professors who are or are interested in becoming law school or university administrators; another, at Georgia Law’s Athens main campus, where IntLawGrrls contributors will convene in March for a conference marking the blog’s 10th birthday.

Events scheduled so far (at Georgia Law’s Athens campus unless otherwise stated) are as follows:

October 13 Judge Lisa Godbey Wood (J.D. 1990), U.S. District Court for the Southern District of Georgia, will deliver “Reflections on Sentencing.” Her service as Georgia Law’s inaugural B. Avant Edenfield Jurist in Residence also includes teaching a week-long course on sentencing.

October 19 Judge Navanethem Pillay, a South African jurist whose former positions include United Nations High Commissioner for Human Rights and Judge on the International Criminal Court and the International Criminal Tribunal for Rwanda, will speak on “National Sovereignty vs. International Human Rights” at Georgia Law’s Atlanta Campus. The World Affairs Council of Atlanta cosponsors.

October 25 Ethical challenges faced by corporations will be the topic of a talk by Sloane Perras (J.D. 2002), Chief Legal Officer at Krystal Company and On The Border. Earlier this month, Perras was recognized by the Women’s In-House Counsel Leadership Institute for welcoming other women into her area of practice and also for directing corporate policy toward inclusion of women in high-level legal positions.

January 5 Georgia Law will host “Women’s Leadership in Legal Academia” at the Annual Meeting of the Association of American Law Schools in San Francisco. This brainstorming session for women professors who are or are interested in becoming law school or university administrators will feature academics, as well as Monika Kalra Varma, an executive leadership consultant who served for the last five years as Executive Director of the District of Columbia Bar Pro Bono Program.

February 4  Georgia State Representative Stacey Godfrey Evans (J.D. 2003) will provide opening remarks at “Georgia Women Run.” Joining her will be a diverse group of elected officials, who will discuss the challenges and rewards of running for office as a nontraditional candidate.

March 1 to 31 Georgia Law’s Alexander Campbell King Law Library will host a special exhibit, “Attorneys at Law; Females May Be: Celebrating the Past and Ongoing Leadership of Women in Law,” in conjunction with Women’s History Month and, on March 8, International Women’s Day.

March 2 The Women Law Students Association will present the 35th Annual Edith House Lecture, named after a graduate of Georgia Law’s Class of 1925 whose career included service as the first woman U.S. Attorney in Florida. Delivering this year’s lecture will be Judge Ketanji Brown Jackson, U.S. District Judge for the District of Columbia.

March 3 Contributors to IntLawGrrls, the pre-eminent international blog authored primarily by women, will convene for a 10th birthday conference and research forum.

March 18 Receiving the 2016 Distinguished Service Scroll Awards, given annually by Georgia Law’s Law School Association, will be Ertharin Cousin (J.D. 1982), Executive Director of the U.N. World Food Programme, based in Rome, Italy, and Audrey Boone Tillman (J.D. 1989), Executive Vice President and General Counsel of Aflac Inc.

March 27 Gabrielle Kaufmann-Kohler, Professor of Law at the University of Geneva, Switzerland, will deliver the 2d Annual Glenn Hendrix Lecture at Georgia Law’s Atlanta campus. The Atlanta International Arbitration Society cosponsors.

Fall 2017 Vice-Chancellor Tamika R. Montgomery-Reeves (J.D. 2006) of the Delaware Court of Chancery will teach a short course on advanced topics in Delaware corporate law, and also headline an alumnae reception in Atlanta.

This weekend marks the 70th anniversary of the Judgment of the International Military Tribunal at Nuremberg, a moment recorded in this New York Times front page:

at0070_7s

The judgment established that humans, and not only states, may be held responsible for violations of international law – a principle that the General Assembly endorsed in 1950. Recognition that individual acts mattered in the international law soon opened the way for recognition that acts committed against individuals also mattered. The Nuremberg Judgment thus stands as a foundational moment in the international human rights movement, as was recognized inter alia in a 1982 article by Georgia Law Professor Louis B. Sohn, when he was Emily & Ernest Woodruff Chair in International Law, a position I am now honored to hold.

Another Georgia Law professor who’s written about Nuremberg is my colleague Harlan Grant Cohen; these works include: ‘Undead’ Wartime Cases: Stare Decisis and the Lessons of History (2010); Historical American Perspectives on International Law (2009); The American Challenge to International Law: A Tentative Framework for Debate (2003).

My own writings, available here, include studies of the meaning of genocide and essays on women who worked as prosecutors, defense lawyers, and staff (no judges) at postwar trials in Nuremberg and Tokyo. “Women at Nuremberg” is a subject that many IntLawGrrls have addressed, not to mention many more posts on all aspects of international criminal law and international human rights law.

(Cross-posted from Exchange of Notes blog)

gjicl_confposter

Humanity’s Common Heritage – norms codified in international humanitarian law treaties to which all countries of the world belong – will be the topic of a conference this Friday, September 23, at the University of Georgia School of Law in Athens, Georgia.

The conference title derives from this observation about those treaties, the four 1949 Geneva Conventions, by Peter Maurer, President of the International Committee of the Red Cross:

“We know that the values that found expression in the Geneva Conventions have become an essential part of our common heritage of humanity, as growing numbers of people around the world share a moral and legal conviction in them. These contradicting realities challenge us to act: to react to the suffering and violations of the law, and to prevent them from occurring in the first place.”

At the core of this daylong event will be the Commentaries on which the ICRC is now working. Published online earlier this year was the initial Commentary, covering the Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, as well as the articles common to all 4 Conventions. (Prior posts here, here, and here.) Experts will examine this 2016 Commentary and its role in the development, promotion, and implementation of contemporary international humanitarian law.

thumbnail_p1130913We’re honored that the Georgia Law alumnus leading that project, Geneva-based ICRC legal adviser Jean-Marie Henckaerts (LLM 1990), will keynote our conference, and also that the ICRC is cosponsoring the conference, along with our Center and our Georgia Journal of International & Comparative Law. This student-run review, which celebrates its 45th anniversary this year, will publish papers by the assembled experts and Georgia Law student rapporteurs.

akandeDr. Henckaerts will be part of a public panel from 9:15 a.m.-12 noon in Georgia Law’s Hatton Lovejoy 0042401-14ABCourtroom. Speaking in that morning session will be: Oxford Law Professor Dapo Akande; Emory Law Professor Laurie R. Blank, an IntLawGrrls contributor; Major-General Blaise Cathcart, Judge Advocate General of the Canadian Armed Forces; New York University Law Professor Ryan Goodman; and the cathcartmoderator, yours truly, Diane Marie ryan_goodman_photo_horizontalAmann, Associate Dean for International Programs & Strategic Initiatives and Emily & Ernest Woodruff Chair in International Law at Georgia Law, and also the International Criminal Court Prosecutor’s Special Adviser on Children in & affected by Armed Conflict.

Joining them in closed sessions during the afternoon will be additional international humanitarian law experts experts: Georgia Law Professor Harlan G. Cohen; Houston College of Law Professor Geoffrey S. Corn; American University Law Professor Jennifer Daskal; Jonathan Davis, a University of Georgia international affairs graduates and U.S. Department of State Attorney-Advisor; IntLawGrrl Kathleen A. Doty, our Center’s Director of Global Practice Preparation; Julia Grignon, Université Laval Law; Rutgers Law Professor Adil Haque; Christopher Harland, Legal Adviser at the ICRC’s Washington, D.C., office; Eric Jensen, U.S. Department of Defense; Michael Meier, U.S. Army Judge Advocate General Corps; Naz K. Modirzadeh, Harvard Law; Nicholas W. Mull, U.S. Marine Corps Judge Advocate General Corps (ret.); Vanderbilt Law Professor Michael A. Newton; Sasha Radin, U.S. Naval War College; Professor James K. Reap (JD 1976) of the University of Georgia, who’s just been named to the State Department’s Cultural Property Advisory Committee; IntLawGrrl and Georgia State Law Professor Shana Tabak; and Creighton Law Professor Sean Watts.

Full description and details about the conference here.

(Cross-posted from Exchange of Notes, the Dean Rusk International Law Center blog)

gjicl43_3

Very pleased to announce that papers from a Georgia Law conference “Children & International Criminal Justice” have just been published by our Georgia Journal of International & Comparative Law.

The conference was cosponsored by Dean Rusk International Law Center and the Georgia Law Project on Armed Conflict & Children, as well as the university’s African Studies Institute, the Planethood Foundation, and the American Society of International Law-Southeast.

About 2 dozen experts came to Athens, Georgia, from as far as Doha and Kinshasa, to discuss the topic at hand. In so doing, they assisted in the preparation of the International Criminal Court Office of the Prosecutor Policy on Children. As detailed in recent posts, available here and here, the public comment period for the draft of that Policy continues through August 5, 2016, with launch of the final document set for mid-November.

bensouda_me2_28oct14cropA keynote speech by ICC Prosecutor Fatou Bensouda (at right) highlighted our conference, and the text of her speech headlines the edition. Other writings link the work of the ICC to the 1989 Convention of the Rights of the Child, examine the experiences of children in armed conflict and similar situations. Student rapporteurs’ accounts of expert breakout sessions additionally treat a range of issues. All these papers contributed significantly to the Policy process.

The edition concludes with students’ notes apart from the conference; one of these, for which I was honored to serve as faculty adviser, examines the issue of child marriage.

Here, in full, is the table of contents for Volume 43, issue 3, with PDF links to each article:

Children and International Criminal Justice Conference

“Convening Experts on Children and International Criminal Justice,” by yours truly, Diane Marie Amann (above, at left), Associate Dean for International Programs & Strategic Initiatives and Emily & Ernest Woodruff Chair in International Law, and also Prosecutor Bensouda’s Special Adviser on Children in & affected by Armed Conflict

“Children and International Criminal Justice,” by Fatou Bensouda (above, at right), Prosecutor of the International Criminal Court

malone“Maturing Justice: Integrating the Convention on the Rights of the Child into the Judgments and Processes of the International Criminal Court,” by Linda A. Malone (right), Marshall-Wythe Foundation Professor of Law and Founding Director of the Human Security Law Center, William & Mary Law School

drumblm“Children, Armed Violence and Transition: Challenges for International Law & Policy,” by Mark Drumbl (left), Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute at Washington & Lee University School of Law

“Child Protection in Times of Conflict and Children and International Criminal Justice,” by Kerry L. Neal neal(right), Child Protection Specialist, Justice for Children, UNICEF, New York

“Expert Workshop Session: Regulatory Framework,” by Ashley Ferrelli, Eric Heath, Eulen Jang, and Cory Takeuchi (all Georgia Law graduates, who were members of GJICL)

“Expert Workshop Session: Child Witnesses: Testimony, Evidence, and Witness Protection,” by Chelsea Swanson, Elizabeth DeVos, Chloe Ricke, and Andy Shin (now Georgia Law graduates, all then were members of GJICL)

“Expert Workshop Session: The Global Child,” by Haley Chafin, Jena Emory, Meredith Head, and Elizabeth Verner (all Georgia Law graduates, who were members of GJICL)

Student Notes

“Changing the Game: The Effects of the 2012 Revision of the ICC Arbitration Rules on the ICC Model Arbitration Clause for Trust Disputes,” by Colin Connor

“Water, Water Everywhere, But Just How Much is Clean?: Examining Water Quality Restoration Efforts Under the United States Clean Water Act and the United States-Canada Great Lakes Water Quality Agreement,” by Jill T. Hauserman

“REACHing for Environmental and Economic Harmony: Can TTIP Negotiations Bridge the U.S.-EU Chemical Regulatory Gap?,” by Ashley Henson

“Child Marriage in Yemen: A Violation of International Law,” by Elizabeth Verner

fBopening

THE HAGUE, Netherlands – Experts gathered this week from around the world for a wide-ranging consultation on the International Criminal Court Office of the Prosecutor’s draft Policy on Children.

In her Opening Remarks to Monday’s consultation, Prosecutor Fatou Bensouda explained:

“This Policy, once finalised and adopted, will guide my Office in our ongoing efforts to address international crimes against or affecting children under the Rome Statute, as well as our interaction with children during the course of our work.

“The Policy will further provide clarity and transparency on how we intend to methodologically undertake this crucial work.

“Additionally, it is my hope that this Policy will also serve as a useful guide for national authorities and other actors in their respective endeavours to address crimes against and affecting children, and in their interactions with children in judicial processes.”

Released last month, the draft Policy:

► Reaffirms an oft-repeated commitment of the Prosecutor. To be precise, the Policy reinforces her Office’s concern for “children with weapons” – that is, persons under fifteen who have been recruited or used in armed groups, often called “child soldiers.” But it also details the Office’s concern for what the Prosecutor called “children affected by the weapons” – that is, all persons who, before their 18th birthday, endured crimes within the jurisdiction of the Court.

► Adopts a child-sensitive approach to its dealings with children. That approach recognizes children as both vulnerable and capable, as both needy and resilient – often, at the same time. The Policy pledges sensitivity to these realities according to the regulatory framework of the Rome Statute system, and also according to principles drawn from international instruments, like the 1989 Convention on the Rights of the Child, a treaty that enjoys near-universal ratification and is founding on 4 guiding principles:

  1. The child’s right to be treated without adverse discrimination;
  2. The right to life, survival, and development;
  3. The right to have the child’s best interests taken into account; and
  4. The child’s right to express views and have them considered.

The draft Policy on Children (available in full here) explicitly recognizes those principles and sets out the contours for respecting and ensuring them.

It thus enumerates crimes against and affecting children. Included are crimes of conscription and use, as well as child trafficking as enslavement and forcible transfer as genocide. Also included are crimes like persecution, if it targets children on the basis or age or birth, as well as attacks on schools.

The policy further details the approach of the Office with respect to children at all stages of the proceedings: preliminary examinations, investigations, prosecutions, sentencing, and reparations.

All these aspects received discussion at Monday’s consultation; some are reflected in tweets available at #EndCrimesAgainstChildren. The policy working group will be considered along with other public comments. The Office welcomes additional such comments, which should be sent via e-mail to OTPLegalAdvisorySection@icc-cpi.int no later than Friday, August 5, 2016. The Office anticipates final publication in October of this year.

It was an honor to take part in this consultation in my capacity as the Prosecutor’s Special Adviser on Children in & affected by Armed Conflict – and also to be accompanied at the consultation by one of my Georgia Law students, Chanel Chauvet. (We’re pictured below in front of a mural at the ICC’s new permanent premises.) A  rising 2L and Dean Rusk International Law Center Student Ambassador, Chanel just completed a weeklong Hague summer school on international humanitarian law.

chanel_dianeICC

March 18, 1967. Afternoon. Secretary of State Dean Rusk conducts a briefing on Vietnam for state governors in the Fish Room of the White House.

At White House, with President Johnson in attendance, US Secretary of State Dean Rusk briefs US governors on the US-Vietnam War. The briefing took place March 18, 1967, not long before Rusk set up a “dissent channel” for State Department diplomats frustrated by US foreign policy. (photo credit)

In my current role as leader of the 38-year-old Dean Rusk International Law Center at the University of Georgia School of Law, I tend to take a close look at any reference to our Center’s namesake, Dean Rusk, who served as the only Secretary of State to Presidents John F. Kennedy and Lyndon B. Johnson.

And so it is with the US diplomatic topic du mois, the “dissent channel” at the Department of State.

This channel is much in the news these days, on account of a Page 1 New York Times story leaking a dissent-channel letter by 51 diplomats at State who want more use of force in Syria than President Barack Obama to date has authorized. (Worth-reading questions about the “leak” here.) And then there was yesterday’s Times story by Ellen Barry, about a dissent-channel “Blood Letter” that forestalled career advancement for the eponymous letter-writing diplomat.

Quite a surprise, amid all this, to read this explanation of the dissent channel, in a transcript of the June 17 Daily Press Briefing by a State Department spokesperson:

“This procedure, this vehicle has been in place since Secretary of State Dean Rusk was in office in 1971.”

Why a surprise? Because by 1971, Rusk was regaling Georgia Law students as the revered Sibley Professor of International Law.

At the briefing, an unnamed reporter took immediate issue with the spokesperson’s account:

QUESTION: And just – can we be clear about when it actually began? Because Rusk, I think, was gone by ’69 when the Nixon Administration came in. So I don’t think he was Secretary of State in 1971, but I could certainly be mistaken.

[ANSWER]: I think it was 1971 and —

QUESTION: Okay.

[ANSWER]: — my reading of the history said that Rusk had something to do with it. But I’m not going to quibble with you —

QUESTION: No, no.

[ANSWER]: — over the history of the program.

Uncharacteristic of these kind of transcripts, the spokesperson’s assertion is supported by a footnote [1]. It says only “William P. Rogers.” That’s the name of the man who became Secretary of State in 1969, after Rusk left government service for the last time. But a quick look at Rusk’s bio on the Department’s site would have confirmed the premise of the reporter’s question.

So what’s right, and wrong?

On the small point of timing, the spokesperson is wrong. But on the larger point of establishing a channel for dissent, unique among the world’s diplomatic services, the account is spot on. To quote a memorial published the year that Rusk died, in the Department’s own publication, Dispatch:

Dean Rusk left his mark not only on the nation and the world, but also on the Department of State as an institution. At a time of tremendous domestic social change, he encouraged minorities and women to enter the Foreign Service. He established the Dissent Channel and the Open Forum to give members of the Department alternative ways to make their foreign policy views known.

 

(Cross-posted from our Center’s Exchange of Notes blog)

draftpolicyIt is my great honor to note today’s release for public comment of the draft Policy on Children of the International Criminal Court Office of the Prosecutor.

Since my December 2012 appointment as Prosecutor Fatou Bensouda’s Special Adviser on Children in and affected by Armed Conflict, I’ve had the privilege of helping to convene consultations and taking part in the construction of this draft Policy. As part of that process, as noted on page 11 of the draft, we at the Dean Rusk International Law Center, University of Georgia School of Law, were honored in October 2014 to host the Prosecutor, members of her staff, and nearly 2 dozen other experts from academic, nongovernmental groups, and intergovernmental organizations. Our “Children & International Criminal Justice” conference featured a morning public plenary and Prosecutor’s keynote (pictured below), followed by an afternoon of closed-door breakout sessions. (Proceedings from that event, to appear in our Georgia Journal of International & Comparative Law, are nearing publication.)

Addressed in the draft Policy, which spans 37 pages, are:

► Overarching concerns, such as the nature of a child and childhood, the experiences of children in armed conflict and other contexts within the jurisdiction of the ICC, and how the Rome Statute of the ICC and other documents treat crimes against and affecting children; and

► Practical concerns, such as how the Office of the Prosecutor engages with children, in all aspects of its work, including preliminary examination, investigation, charging, prosecution, sentencing, reparations, and external relations.

As stated in the press release accompanying today’s publication:

In highlighting the importance of the Policy, Prosecutor Bensouda stated: “when I assumed 8_events2the role of Prosecutor in June 2012, one of the principal goals I set for the Office was to ensure that we pay particular attention not only to ‘children with arms’, but also ‘children affected by arms.’ This Policy demonstrates our firm commitment to closing the impunity gap for crimes against or affecting children, and adopting a child-sensitive approach in all aspects of our work bearing in mind their rights and best interests. It is also our hope that the Policy, once adopted, will serve as a useful guide to national authorities in their efforts to address crimes against children.”

The Office welcomes public comment on the draft. Such comments should be e-mailed to OTPLegalAdvisorySection@icc-cpi.int, no later than Friday, August 5, 2016.

Following revisions based on the comments, the Office of the Prosecutor expects to publish the final Policy on Children in November of this year.