IRISH CENTRE FOR HUMAN RIGHTS Promoting human rights through teaching, research and advocacy Biennial Report 2010-2012 Irish Centre For Human Rights Biennial Report 2010-2012 War Children by John Reynolds 2 Biennial Report 2010-2012 Irish Centre For Human Rights Contents Message from the Director of the Centre 4 Profiles6 Structure and Personnel 10 Teaching Programmes 22 Research and Publications 31 Conferences36 Seminars, Lecture Series and Special Events 45 Projects47 Teaching, Advocacy and Other Professional Activities 50 Acknowledgements51 3 Irish Centre For Human Rights Biennial Report 2010-2012 Message from the Interim Director “The Irish Centre for Human Rights is now in a period of transition and it is currently in the process of recruiting a new Director. This change represents an exciting opportunity and we look forward to the involvement of the prospective Director in the next chapter of the Centre’s history.” The Irish Centre for Human Rights has recently welcomed the arrival of three new faculty members and a new project manager on the EU China Human Rights Project. After over ten years as Director of the Centre, Professor Schabas has stepped down from this position, but remains affiliated to the Centre in the role of Honorary Chairman and parttime Professor. The Centre’s teaching programmes continue to flourish with the various Masters degree programmes attracting a high standard of applicants from diverse backgrounds. The undergraduate BA Connect in Human Rights is now an established option in the Bachelor of Arts courses available at National University of Ireland, Galway. The PhD programme has recently witnessed the graduation of a number of candidates and the arrival of several new candidates. The majority of doctoral theses from the Centre continue to be published by leading international publishers. 4 The Centre has maintained its role in research and advocacy. Staff, students and our very valued alumni are involved at various levels in national and international organizations, as well as participating in local and global events. Annual summer schools, regular conferences and seminars, and visiting international experts have added to the dynamic and stimulating atmosphere of the Centre. The Centre has been responsible for the publication of a number of significant monographs and edited volumes with prestigious international publishers and an impressive list of journal publications. As part of the broader mission of National University of Ireland, Galway and the School of Law, education and teaching remain central to the role of the Centre. The new members of teaching staff include Dr. Ekaterina Yahyaoui Krivenko, Dr. Noelle Higgins, Dr. Karen da Costa and Dr. Annyssa Bellal. Dr. Yahyaoui Krivenko is a former Biennial Report 2010-2012 Irish Centre For Human Rights Professor Ray Murphy Interim Director, Irish Centre for Human Rights member of the Law Faculty at the University of Montreal and an associate researcher at the Hans and Tamara Oppenheimer Chair in International Law at McGill University. Dr. Noelle Higgins was MA programme Director in the School of Law and Government, Dublin City University. Her doctoral research focused on wars of national liberation, international humanitarian law and the right to self-determination. She also has a particular interest in language rights and international criminal law. Dr. Karen da Costa, originally from Brazil, is an expert in the extraterritorial application of human rights treaties, and is concurrently Honorary Research Fellow at the Department of Social Sciences of the University of Roehampton. Dr. Annyssa Bellal, from the Graduate Institute of International and Development Studies in Geneva, joined the teaching faculty of the Centre for 2012. Emily Brennan took up the position of Project Manager with the EU – China Human Rights Project. Emily received her JD from the University District of Columbia (US), studied EU policy systems at the University College Dublin Summer Institute in European & International Law (Ireland, Belgium), and received her LLM in International Human Rights Law from the National University of Ireland, Galway (Ireland). Our best wishes and special thanks go to longterm members of the Centre that have moved to new pastures – especially Professor Vinodh Jaichand, Dr. Noam Lubell and Nancie Prud’homme. The success of the Centre is attributable to the leadership of Professor William A. Schabas and the commitment to academic excellence in teaching and research combined with the promotion of human right principles among its staff and student body. The Centre is now in a period of transition and it is currently in the process of recruiting a new Director. This change represents an exciting opportunity and we look forward to the involvement of the prospective Director in the next chapter of the Centre’s history. Professor Ray Murphy Interim Director 5 Irish Centre For Human Rights Biennial Report 2010-2012 Profiles Since its foundation twelve years ago, the Irish Centre for Human Rights has attracted excellent students and visiting scholars who are truly committed to the philosophy and practise of human rights law. The Centre’s staff and research community come from a range of diverse cultural, educational and experiential backgrounds. The Irish Centre for Human Rights is proud that many of its alumni have gone on to pursue successful careers in human rights, with their achievements at the forefront of human rights scholarship, international criminal law, international humanitarian law and minority rights protections. The excellence of the Centre’s teaching faculty, the stimulating research environment, the conviviality and sense of shared pursuit, quietly but surely encourages a high level of achievement. The following three profiles: two Bank of Ireland Fellows and an LLM/PhD programme graduate, offer an example of our alumni’s accomplishments. ACADEMIC STAFF Dr. Michelle Farrell Dr. Michelle Farrell Michelle Farrell holds a PhD in Law and an LLM in International Human Rights Law from the National University of Ireland, Galway, and a BA in European Studies from Trinity College Dublin. In 2010, Dr. Michelle Farrell was awarded the National University of Ireland EJ Phelan Postgraduate Fellowship in International Law. This fellowship is given out every two years to NUI graduates who are pursuing post-graduate work in the field of international law. For the duration of the fellowship, Michelle was based here at the Centre. Following the completion of the fellowship, she took up a contract position at the Irish Centre for Human Rights and delivered an LLM module on Human Rights and Counterterrorism. Michelle also contributed to the Introduction to International Human Rights Law module. During her fellowship, Michelle secured a contract for her monograph, The Prohibition of Torture in Exceptional Circumstances, which will be published with Cambridge University Press in 2013. She also conducted research on states of exception. Michelle’s other publications include “Ensuring compliance with decisions by international and regional human rights bodies: the case of the European 6 Biennial Report 2010-2012 Irish Centre For Human Rights Profiles Committee for the Prevention of Torture”, in De Feyter, Koen et al., The Local Relevance of Human Rights (Cambridge: Cambridge University Press, 2011); “Ireland and the Declaration against Torture: Principles and Politics” (4-5) Irish Yearbook of International law 155 (2009-2010). Currently Michelle is a Lecturer in Law at the School of Law and Social Justice, University of Liverpool, where she teaches Public Law, Law and Social Justice, Law in Literature and Film, and Legal Research Methods. The Centre is extremely proud of Michelle’s achievements and we wish her continued success in her future career. Dr. Daniel R. Mekonnen Dr. Daniel R. Mekonnen Dr. Mekonnen was a Bank of Ireland Fellow at the Irish Centre for Human Rights from 1 November 2010 up to 31 January 2012. Born in Eritrea, he had his citizenship revoked when the Eritrean government refused to renew his passport. Daniel obtained his LLM from the University of Stellenbosch (2003) and his LLD from the University of the Free State, South Africa. Before coming to the Centre, Daniel was a senior visiting researcher at Tilberg University, a post-doctoral fellow at Gent University, a visiting researcher at the Swiss Institute of Comparative Law, and for several years he was a programme coordinator at the University of the Free State. Additionally, in his home country Eritrea, Daniel served as a provincial court judge. During his stay at the Centre, Daniel taught a course on International Security Law (LAW417). This was a new module based on a programme he had previously developed. He also completed a research project analysing the role of UN Security Council Resolution 1907 (2009) in promoting regional peace and security in the Horn of Africa. This led to the development of a full academic paper entitled “UN Security Council Resolution 1907: Any Relevance to International Criminal Law?” The paper was first presented at a traditional lunchtime seminar in the Centre in September 2011. Currently, it is under consideration for publication with a peer-reviewed journal. During his time at the Centre, Daniel presented (and co-presented) a total of nine academic papers at different international conferences. Some of these works are already in the process of publication as chapters in edited volumes or journal articles. In December 2010, Daniel gave expert legal testimony at the International Dispute Resolution Centre, London. This was a follow-up to a series of legal opinions Daniel wrote for Linklaters LLP, one of the top five law firms in the UK. His opinion and expert legal testimony was instrumental in securing an arbitral award of more than USD 85 million against the Eritrean Government, awarded by the ICC International Court of Arbitration (Case No. 17002-MLK-ARP, dated 17th May 2011). The litigation was between the Independent Petroleum Group of Kuwait (represented by Linklaters LLP) and the Eritrean Government. At present, Daniel is an Alexander von Humboldt Foundation Research Fellow based at the Felsberg Institute for Education & Academic Research (FIBW) in Germany, and is involved in a research project analyzing the failure of the UN peacekeeping mission in Eritrea and Ethiopia. We wish him the very best in his bright career and for all his academic projects. Dr. Tariq Mukhimer Dr. Tariq Mukhimer Dr. Mukhimer has been working for over five years as a Human Rights Officer with the UN Office of High Commissioner for Human Rights. Previously, in the period from 1998 to 2002, he worked as a researcher in the democratic transformation unit at the Palestinian Centre for Human Rights, and was an observer of human rights developments under the Fatah authority during that period. In 2005, he published his PhD thesis on “State Building Process: the Case of Palestine” covering the period from 1994, when the Palestinian Authority was set up, to 2004, when the late President Yasser Arafat died. Tariq is very experienced in human rights investigation and reporting. He worked with the UN Fact-Finding Mission on the Gaza Conflict led by Judge Richard Goldstone in 2009, and with the International Commission of Inquiry on Libya led by Mr. Cherif Bassiouni in 2011. His main research areas 7 Irish Centre For Human Rights Biennial Report 2010-2012 Profile are non-state actors and international human rights law. In 2011, the Irish Centre for Human Rights, in conjunction with the Bank of Ireland, offered a one-year fellowship to Dr. Mukhimer and in September of the same year he joined the Centre on a career-break from the UN Office of the High Commissioner for Human Rights. In February-March 2012, Dr. Mukhimer delivered a series of seminars on “The Palestinian Question: In search of a State”. The course engaged issues related to the Israeli-Palestinian conflict and the Palestinian search for a state since the beginning of the 20th century. Dr. Mukhimer concluded his stay authoring a book on “Hamas Rule in Gaza: Human Rights Under Constraint”. This book is considered to be the first comprehensive analysis of the human rights dimension of Hamas rule in Gaza. It evaluates Hamas governance from the perspective of international human rights standards, developing a normative framework for evaluating non-state actors according to human rights standards in the absence of formally binding obligations, by reference to their degree of influence over the public 8 sphere. Drawing on reports and resolutions from the United Nations and local and international human rights organizations, the author considers four years of Hamas’ uncontested control of the Gaza Strip and suggests a normative framework for evaluating Hamas’ conduct according to international human rights standards in the absence of more formally binding obligations. The book will be published by Macmillan in December 2012. In July 2012, Dr. Mukhimer returned to Gaza where he reassumed his function as human rights officer with the UN. We wish Dr. Mukhimer the very best in his endeavours. Biennial Report 2010-2012 Irish Centre For Human Rights 9 Structure and Personnel ACADEMIC STAFF Professor Ray Murphy Professor Ray Murphy Professor Ray Murphy is a Professor at the Irish Centre for Human Rights, National University of Ireland, Galway, Ireland. He completed his BA in Political Science and Legal Science in 1979, and was awarded a Bachelor in Law (LLB) degree in 1981. He studied at the Kings Inns in Dublin where he completed a BL degree and was called to the Irish bar in 1984. He completed a Masters degree in International Law (MLitt) at Trinity College Dublin in 1991. In 2001 he completed his PhD in International Law at the University of Nottingham, England. In addition to his position at the Irish Centre for Human Rights, Professor Murphy is on the faculty of the International Institute for Criminal Investigations, Justice Rapid Response/No Peace Without Justice and the International Institute of Humanitarian Law at San Remo, Italy. He also conducts training on behalf of the International Committee of the Red Cross and the Pearson Peacekeeping Center, Canada. He is a member and vice chair of the Executive Committee of Amnesty International (Ireland). Professor Murphy was awarded a Fulbright Fellowship in 2006 and worked with Human Rights Watch in New York as a resident scholar. In 2007 he was awarded the National University of Ireland, Galway President’s Award for Teaching Excellence, and in 2008 he received the National Award for Excellence in Teaching by the National Academy for the Integration of Research & Teaching & Learning (NAIRTL). Professor Murphy is a former Captain in the Irish Defence Forces and served as an infantry officer with the Irish contingent of UNIFIL in Lebanon in 1981/82 and again in 1989. He practiced as a barrister for a short period before taking up his current appointment at National University of Ireland, Galway. He was Chairperson of the Broadcasting Complaints Commission from 1997 to 2000. He has field experience with the Organisation for Security and Cooperation in Europe in Bosnia in 1996 and 1997. He has also worked on short assignments in west and southern Africa and in the Middle East for Amnesty International, the European Union and the Irish Government. Professor Murphy currently lectures in International Peace Operations, International Humanitarian Law and Criminal Law. He has published widely in these fields. Professor William A. Schabas Professor William A. Schabas Professor William A. Schabas is the Chairman of the Irish Centre for Human Rights at the National University of Ireland, Galway. He is also an Associate Professor at the University of Middlesex in London and a Profesesseur associé at the Université du Québec à Montréal. He is a “door tenant” at the chambers of 9 Bedford Row, London. Professor Schabas holds BA and MA degrees in history from the University of Toronto and LLB, LLM and LLD degrees from the University of Montreal, as well as honorary doctorates in law from Dalhousie University and Case Western Reserve University. Professor Schabas is the author of twentyone books dealing in whole or in part with international human rights law, including The International Criminal Court: A Commentary on the Rome Statute (Oxford: Oxford University Press, 2010), Introduction to the International Criminal Court (Cambridge: Cambridge University Press, 2011, 4th ed.), Genocide in International Law (Cambridge: Cambridge University Press, 2009, 2nd ed.), The Abolition of the Death Penalty in International Law (Cambridge, Cambridge University Press, 2003, 3rd ed.), International Human Rights and Canadian Law (Toronto, Carswell, 2007, 3rd ed.), The Death Penalty as Cruel Treatment and Torture (Boston, Northeastern University Press, 1996) and Précis du Droit International des Droits de la Personne (Montréal, Éditions Yvon Blais, 1997). He has also published some 300 articles in academic journals, principally in the field of international human rights law and international criminal law. His writings have been translated into several languages, including Russian, German, Spanish, Portuguese, Chinese, Japanese, Arabic, Persian, Turkish, Nepali and Albanian. Professor Schabas is editor-inchief of Criminal Law Forum, the quarterly journal of the International Society for the Reform of Criminal Law. He is Chairman of Board of Trustees of the UN Voluntary Fund for Technical Assistance in the Field of Human Rights, President of the International Association of Genocide Scholars, President Biennial Report 2010-2012 Irish Centre For Human Rights Structure and Personnel of the Irish Branch of the International Law Association and Chair of the International Institute for Criminal Investigation. In 2009, he was elected President of the International Association of Genocide Scholars. Professor Schabas is an Officer of the Order of Canada and a Member of the Royal Irish Academy. Dr. Kathleen Cavanaugh Dr. Kathleen Cavanaugh Kathleen Cavanaugh is currently a Lecturer of International Law in the Faculty of Law, Irish Centre for Human Rights, National University of Ireland, Galway. She holds a PhD in Comparative Politics from the London School of Economics & Political Science (1997) and a LLM (Distinction) from the Queen’s University of Belfast, Northern Ireland (1998). She has held several Visiting Lectureships including: Fellow, Centre for Socio-Legal Studies, University of Oxford (2006-7), the EIUC Centro Interuniversitario Europeo per i Diritti Umani e la Democratizzazione (2002-to date) and the University of Notre Dame (Indiana USA, 2012). She is currently Graduate Studies Director, and, since 2002, has been the director of the Irish Centre for Human Rights internship programme. Her publications and current research agenda, academic interests and specialisation include: the study of nationalism, ethnic conflict, political violence, applicable human rights laws in entrenched/states of emergency, freedom of religion and militant democracy. Her forthcoming publication (co-authored with Joshua Castellino), entitled Minority Rights in the Middle East, is with Oxford University Press (forthcoming 2013) and will engage in case studies from Iran, Iraq, Syria and Lebanon. She has recently been awarded a Millennium Fund Grant to undertake field work on her current research focus, militant democracy. The project will legally audit pre-emptive security measures in the United Kingdom and their effect on the Muslim community. With regard to community service and activities outside the University, she is currently a member of the Board of Directors for Amnesty International (USA) and, has served as Chair of the Executive Committee of Amnesty International (Ireland) and was a member of the International Policy Committee of Amnesty International. As a consultant, she has undertaken numerous missions on behalf of Amnesty International including to Northern Ireland, Israel/Palestine and Iraq (where she focused on the conduct of the occupying powers with relation to detention and security). She has conducted trainings for governmental as well as nongovernmental organisations throughout the Middle East (Yemen, Jordan, Egypt, Morocco, Syria, Israel/Occupied Territories, Lebanon, Iran and Sudan), India, and the Republic of Ireland. Dr. Shane Darcy Dr. Shane Darcy Shane Darcy is a Lecturer at the Irish Centre for Human Rights at the National University of Ireland, Galway and Director of the Centre’s PhD programme. He holds a BA in Law and Accounting from the University of Limerick and completed his PhD in 2005 at the Irish Centre for Human Rights, National University of Ireland, Galway, from where he also holds an LLM in international human rights law. Shane’s main teaching and research interests lie in the fields of international humanitarian law, international criminal law, business and human rights and transitional justice. He has published widely in these areas, including the book Collective Responsibility and Accountability under International Law (Transnational, 2007) and the edited collection Judicial Creativity at the International Criminal Tribunals (Oxford, 2010, w/Joseph Powderly). He is a member of the Editorial Board of Criminal Law Forum, the journal of the International Society for the Reform of Criminal Law. In 2007, he was awarded the Eda Sagarra Medal for excellence in the Humanities and Social Sciences by the Irish Research Council for the Humanities and Social Sciences, and in 2010 the Journal of International Criminal Justice Prize. 11 Irish Centre For Human Rights Biennial Report 2010-2012 Structure and Personnel in international law from the Graduate Institute of International Studies (Geneva). Her research interests are: human rights, with a particular emphasis on the international protection of women’s rights, the relationship between Islam and human rights protection, international refugee and migration law, comparative law and legal cultures, feminist analyses of law, and law and the humanities. 12 Dr. Annyssa Bellal Dr. Ekaterina Yahyaoui Krivenko Dr. Annyssa Bellal Dr. Annyssa Bellal is a Lecturer of International Humanitarian Law and International Criminal Law at the Irish Centre for Human Rights, National University of Ireland, Galway. She holds a PhD in public international law from the Graduate Institute of International and Development Studies, Geneva, and an LLM in Philosophy of Law and History of Human Rights from the University of Lyon and Grenoble (France). Prior to joining the academic staff of the Centre, Dr. Bellal was a research fellow at the Geneva Academy of International Humanitarian Law and Human Rights and a Hauser Global Law School visiting scholar at New York University. Dr. Bellal also acted as a legal adviser for the International Committee of the Red Cross and for the Swiss Department of Foreign Affairs within the Directorate of Public International Law. Her teaching interests are in the field of international criminal law and international humanitarian law. Dr. Bellal is engaged in research projects related to the negotiation of a future arms trade treaty, immunities and international crimes and the international law obligations of armed non-state actors. Dr. Ekaterina Yahyaoui Krivenko Dr. Ekaterina Yahyaoui Krivenko is a Lecturer at the Irish Centre for Human Rights, School of Law, National University of Ireland, Galway, where she teaches International Human Rights Law, Public International Law and Women’s Rights. She is also an Associate Researcher at the Hans and Tamara Oppenheimer Chair in International Law at McGill University, Montreal, Canada. Previously, Dr. Yahyaoui Krivenko taught public international law, women’s rights, international refugee and migration law, and human rights and Islam at the Faculty of Law, University of Montreal. She was also a post-doctoral researcher at the Centre for International Studies and Research and the Canada Chair in International Migration Law (CERIUM) of the University of Montreal. Before joining CERIUM she worked, among other things, as a legal advisor for a project at the UN High Commissioner for Refugees. Dr. Yahyaoui Krivenko is a member of the Quebec Bar and holds a BA from Geneva University (Switzerland), an LLM from the University Albert-Ludwigs (Freiburg i.Br., Germany), a DES in international relations and a PhD Dr. Noelle Higgins Dr. Noelle Higgins Dr. Noelle Higgins is a Lecturer at the Irish Centre for Human Rights, National University of Ireland, Galway. Dr. Higgins teaches Human Rights on the BA Connect programme and on the LLM programme. She also teaches Minority Rights and Procedure at the International Criminal Court. Dr. Higgins holds Masters degrees in both Law and Irish and a Higher Diploma in Education. She undertook her PhD research on the topic of wars of national liberation at National University of Ireland, Galway. Prior to joining the Irish Centre for Human Rights, she held a lecturing position in the School of Law and Government, Dublin City University, where she lectured on international law and was the Biennial Report 2010-2012 Irish Centre For Human Rights Structure and Personnel Director of MA programmes. Dr. Higgins was a visiting fellow at the British Institute of International and Comparative Law during the academic year 2009–10 and a member of the Department of Foreign Affairs/NonGovernmental Human Rights Committee 2010-2012. National University of Ireland, Galway and an Honorary Research Fellow at the Department of Social Sciences of the University of Roehampton (London). Her previous work experience include positions as Visiting Lecturer at the University of Roehampton, Legal Consultant for the International Federation of the Red Cross and Red Crescent Societies, Human Rights Officer at the United Nations Operation in Côte d’Ivoire, and Legal Officer at the Brazilian Federal Prosecutorial Office. Her book The Extraterritorial Application of Selected Human Rights Treaties is soon to be published by the Brill/ Graduate Institute of International and Development Studies Series. Dr. Karen da Costa Dr. Karen da Costa Dr. Karen da Costa is a Brazilian lawyer with a PhD (2011) in International Studies (with an International Law specialization) from the Graduate Institute of International and Development Studies, University of Geneva. She also holds a European Masters (2003) in International Humanitarian Assistance, Network on Humanitarian Assistance (NOHA) from the Ruhr-University of Bochum and an LLM (2002) in German Law from the Ludwig Maximilians University (Munich). Her research interests relate to contemporary human rights law issues and her doctoral thesis addressed the extraterritorial application of selected human rights treaties. Dr. da Costa is currently a University Fellow (Teaching & Research) in Human Rights at the Irish Centre for Human Rights, Water Depot by Rachel Stevens 13 Irish Centre For Human Rights Biennial Report 2010-2012 Structure and Personnel VISITING LECTURERS Dr. Una Murray Dr. Una Murray is an international development consultant who provides expert and specialised consultancy services for a range of international development organisations, including the International Labour Organisation, Food and Agriculture Organisation, the UN Development Programme, Irish Aid and other nongovernmental organisations. Dr. Murray works in many areas of development ranging from child labour elimination, policy processes, policy dissemination, gender analysis, project monitoring and evaluation and small enterprise development. Dr. Murray has worked in Ethiopia, Kenya, Uganda, Tanzania, Malawi, Ghana, Laos, Thailand, Sri Lanka, The Philippines and central Europe. Dr. Murray also lectures part-time in University College Cork on several courses such as the MSc in Rural Development in Ethiopia and the BSc in International Development and Food Policy. 14 ADJUNCT LECTURERS Peter Fitzmaurice Michael D. Higgins Peter Fitzmaurice Peter Fitzmaurice lectures on Refugee Law for the LLM in International Human Rights Law at the Irish Centre for Human Rights, National University of Ireland, Galway. From 2004 to 2007, Mr. Fitzmaurice was Project Manager at the Centre, where he was responsible for a portfolio of projects that tackled particular human rights issues, including the Refugee and Asylum Support Unit and the IrelandChina Academic Exchange. Peter studied law as an undergraduate at Kings College in London and Leiden University in the Netherlands. He holds a Masters degree in Human Rights Law from Queens University, Belfast and is currently pursuing a Doctoral Degree in Human Rights Law at the Irish Centre for Human Rights. He is a qualified solicitor and has practiced President of Ireland, Michael D. Higgins On 11 November 2011, Michael D. Higgins was inaugurated as the ninth President of Ireland. He was appointed as an Adjunct Lecturer at the Irish Centre for Human Rights, National University of Ireland, Galway in 2006. A passionate political personality, a poet and writer, academic and statesman, human rights advocate, promoter of inclusive citizenship and champion of creativity within Irish society, Michael D. Higgins has previously served at almost every level of public life in Ireland, including as Ireland’s first Minister for Arts, Culture and the Gaeltacht. President Higgins is renowned for his consistent campaigning on human rights issues. His dedication to the promotion of human rights was recognized internationally in 1992 when he became the first recipient of the Sean MacBride Peace Prize from the International Peace Bureau in Helsinki, in recognition of his work for peace and justice in many parts of the world. He has published two collections of essays: Causes for Concern — Irish Politics, Culture and Society and Renewing the Republic. He has also published four collections of poetry: The Betrayal; The Season of Fire; An Arid Season and New and Selected Poems. Biennial Report 2010-2012 Irish Centre For Human Rights Structure and Personnel Professor Vinodh Jaichand Professor Vinodh Jaichand Vinodh Jaichand is currently a Professor at the University of Witwatersrand in Johannesburg, South Africa. Until January 2012, Professor Jaichand was the Deputy Director of the Irish Centre for Human Rights, National University of Ireland, Galway. He directed the PhD Programme at the Centre from 2003 to 2006 and the LLM Programme from 2006 to 2008. He is the author of Restitution of Land Rights and has co-edited 60 Years of the Universal Declaration of Human Rights in Europe and Anti-Discrimination for the Judiciary. He was formerly an Associate Professor and Dean of the Faculty of Law at University of DurbanWestville in South Africa. In the years prior to joining the Centre, he served as National Executive Director of Lawyers for Human Rights for more than five years. He completed his Doctorate in Juridical Science degree (summa cum) and a LLM degree (magna cum laude) at Notre Dame Law School at the Centre for Civil and Human Rights, and his LLB at the University of Natal. Another LLM degree was secured from the University of Miami, and he subsequently completed a BA degree and a Secondary Teachers’ Diploma at the University of Durban-Westville. Vinodh has been involved in the training of police, lawyers, prosecutors, and judges in China, South Africa, Austria, Slovenia, Slovakia, Hungary, Ireland, Ethiopia, Nepal and India. Apart from English he has published in Chinese, German, Portuguese and Spanish in numerous journals around the world. He has presented papers in twenty-five countries. He is a member of the Editorial Review Board Human Rights Series of the Republic of Letters Publishing, the Editorial Review Board of Human Rights & Human Welfare, the Advisory Board of the Sur-International Journal on Human Rights, the International Advisory Board of Diakonia, Jerusalem. He was the first Chairman of the Board of Integrating Ireland. He is a member of Consulting Editorial Board of the University of Ghana Law Journal and reader for the International Journal for Transitional Justice. Vinodh has taught and examined in the Mediterranean Masters on Human Rights and Democratisation in Malta and acted as an examiner in the European Masters in Human Rights and Democratisation in Venice. He was the architect of the LLM in Economic, Social and Cultural Rights which was launched in September 2009. He served on the Standards Generating Body on Legal Education and Training of the South African Qualifications Authority and as an Independent Assessor on the Council on Higher Education: Department of Education and as the Ministerial Representative on the Council of Technikon Pretoria. He is an Advocate of the High Court of South Africa. Dr. Noam Lubell Dr. Noam Lubell Dr. Noam Lubell is a Reader at the School of Law, University of Essex, and an Adjunct Lecturer at the Irish Centre for Human Rights. Prior to this he spent four years as a full time Lecturer at the Irish Centre for Human Rights, National University of Ireland, Galway. In past years he has also been CoDirector of the International Law Amicus Curiae Clinic at the Concord Research Centre in Israel, and a Visiting Research Fellow at the Harry S. Truman Research Institute for the Advancement of Peace, at the Hebrew University, Jerusalem. He holds a PhD in Law and an LLM, as well as a BA in Philosophy. He has taught courses on international human rights law and the laws of armed conflict in a number of academic institutions, including the University of Essex, the National University of Ireland, Galway, the University of Oxford, and as a Visiting Professor at Case Western Reserve University in the US. Dr. Lubell is the Rapporteur of the International Law Association’s Committee on the Use of Force. In addition to his academic work, during the 15 Irish Centre For Human Rights Biennial Report 2010-2012 Structure and Personnel last fourteen years Dr. Lubell has worked for various organisations including human rights non-governmental organisations dealing with the Israeli/Palestinian conflict, as an Outreach Coordinator, International Law Advisor, and Director of a Prisoners & Detainees Project. He has also provided consultancies and training in human rights law and the laws of armed conflict, for international bodies such as Amnesty International, government bodies, and the BBC. From 2007-2011 he was a member of the Executive Committee of Amnesty International (Ireland). He has taught, researched and published on a variety of topics in the fields of international human rights law and the law of armed conflict. He also served as human rights officer at the Permanent Mission of Ireland to the United Nations in Geneva from 2000-2002. Called to the Irish bar in 1990, Éamonn has since worked on political, aid, trade and Anglo-Irish issues with the Department of Foreign Affairs and has served other diplomatic postings at the Irish Embassies to the Holy See, South Africa and Israel. He was appointed to the Irish Press Council in August 2010 and in February 2011 became Adjunct Professor of Human Rights at National University of Ireland, Galway’s Irish Centre for Human Rights. Dr. Aoife Daly Éamonn Mac Aodha 16 Éamonn Mac Aodha Mr. Éamonn MacAodha has been Chief Executive of the Irish Human Rights Commission since December 2007. Prior to that he was Director of Human Rights for the Irish Department of Foreign Affairs from 2004-2007. In this role he was responsible for reporting by Ireland to the United Nations on its human rights record and for driving human rights aspects of Irish foreign policy. Dr. Aoife Daly Aoife Daly received a degree in Applied Psychology from University College Cork in 2002. Her thesis examined the accuracy of eyewitness testimony of young children. She then went on to do a Masters in International Human Rights Law at the Irish Centre for Human Rights, National University of Ireland, Galway. After an internship with the Palestinian Human Rights Organisation Al-Haq in Ramallah, West Bank, she wrote her thesis which was entitled “The Right to Education of Palestinian Children in the Occupied Palestinian Territories”. Dr. Daly currently holds the position of Child and Family Law Lecturer at the University of Essex. She completed a PhD in human rights law at the School of Law, Trinity College Dublin. She has previously held a number of non-governmental organisations and academic positions. Dr. Daly has worked for the Children’s Research Centre in Trinity College Dublin, Amnesty International, Save the Children, and the Rehab Group. She has also taught international law at Dublin City University and is an Adjunct Lecturer at the Irish Centre for Human Rights, National University of Ireland, Galway. Dr. Nadia Bernaz Dr. Nadia Bernaz is a Lecturer in Law at Middlesex University, London, and Adjunct Lecturer with the Irish Centre for Human Rights, National University of Ireland, Galway. She was awarded a PhD for her study on International Law and the Death Penalty at the Université Paul Cézanne in Aix-enProvence in 2006. She has worked in the past at the Irish Centre for Human Rights (National University of Ireland, Galway) and at the Université Paul Cézanne (France). She specializes in public international law, international criminal law and human rights. Dr. Bernaz has an extensive teaching experience in comparative constitutional law, public international law, international criminal law and human rights law both at undergraduate and postgraduate level. In addition she has facilitated training courses in Ireland, Belgium and Kyrgyzstan. She is the author of a book: Le droit international et la peine de mort (International Law and the Death Penalty, Paris: La Documentation Biennial Report 2010-2012 Irish Centre For Human Rights Structure and Personnel Française, 2008). In addition, Dr. Bernaz has written and presented papers on a wide range of subjects in international law and human rights law. international law under the supervision of the late Professor Hilaire McCoubrey at the University of Hull in 1998. Professor Castellino is a specialist in minority rights and has published two books on the subject: Minority Rights in Asia, co-authored by Dr. Elvira Dominguez Redondo (Oxford University Press: 2006); and International Law & Indigenous Peoples (ed.) (Kluwer Law International: 2004). He is also the author of two monographs on public international law dealing with self-determination and title to territory. Professor Joshua Castellino Professor Joshua Castellino Joshua Castellino was appointed Professor of Law and Head of Law Department, Middlesex University, United Kingdom in September 2007. From 2000 until 2006, Professor Castellino was a member of the teaching faculty at the Irish Centre for Human Rights, National University of Ireland, Galway, where he played a major role in the development of the institution. Professor Castellino is the driving force behind the Centre’s acclaimed annual Minority Rights Summer School. He completed his undergraduate education at Bombay University, where he worked as a journalist for the Indian Express Group, and was subsequently awarded the Chevening Scholarship to undertake a Masters in International Law and Politics in 19951996. He was awarded a Graduate Teaching Assistantship and completed his PhD in Colonel William Nott Colonel William Nott Colonel Nott was commissioned into the Artillery Corps of the Irish Defence Forces in 1964 and served as an artillery officer in Cyprus (UNFICYP) in 1967/1968. He was called to the Irish Bar in 1969 and served as a legal officer in Cyprus in 1971, Sinai (UNEF II) in 1973/1974 and Lebanon (UNIFIL) 1979/1980 and 1981/1982. He is a member of the International Institute of Humanitarian Law (IIHL), San Remo, Italy and a member of the teaching staff for the international military courses on the law of armed conflict since 1990 as well as being a member of the Advisory Board of the Institute. In 1995 he served with UNPROFOR in former Yugoslavia and as Deputy Chief of Mission of the United Nations Military Observers Privlaka (UNMOP). During 1998 and 1999 he served as a member of the delegation of Ireland at the Diplomatic Conference in Rome which established the International Criminal Court and was also a delegate at the Diplomatic Conference on the Second Protocol to the Hague Convention 1954 for the Protection of Cultural Property in the event of Armed Conflict. In 2000 he was appointed to the Board of Directors of the International Society for Military Law and the Law of War (Brussels). Colonel Nott retired from the Defence Forces as Director of Legal Service and Director of Military Prosecutions in 2009. Dr. Iognaid O’Muircheartaigh Dr. Iognáid (Iggy) Ó Muircheartaigh, was President of National University of Ireland, Galway from August 2000 until March 2008. Dr. O’Muircheartaigh was awarded a PhD in Statistics by Glasgow University in Scotland. Dr. Ó Muircheartaigh held a Fulbright Fellowship at Stanford University and a U.S. National Academy of Sciences Senior Research Associateship at the US Naval Postgraduate School in Monterey, California. He was conferred with honorary Doctorates by both the University of Connecticut and the University of Massachusetts. During his period of office as President of the National University of Ireland, Galway, the University conferred honorary doctorates on many human rights activists, including Nelson Mandela, Louise Arbour, Sr. Helen Prejean, 17 Irish Centre For Human Rights Biennial Report 2010-2012 Structure and Personnel Richard Goldstone, Phillip Kirsch, Pius Langa and Cyril Ramaphosa. As Adjunct Professor in Human Rights, he continues to undertake research in statistics, with application to human rights, economics, and medicine. Dr. Terry O’Neill Dr. Terry O’Neill Dr. Terry O’Neill is a former Colonel of the Irish Defence Forces. He has experience with UN peacekeeping missions in Lebanon, Angola and the Congo. He completed his MPhil in Peace Studies with the Irish School of Ecumenics in 1992, and he was awarded a PhD from Trinity College Dublin in 2001. The title of his thesis was “The Adaptation of Peacekeeping in the post Cold War International System”. Dr. O’Neill’s area of research is peacekeeping, and he has co-authored a book, Basic United Nations Peacekeeping in the Post-Cold War Era, which will be published by Taylor and Francis (London). Dr. O’Neill co-teaches the course in International Peace Support Operations with Professor Ray Murphy. Dr. Elvira Dominguez Redondo 18 Dr. Elvira Dominguez Redondo is a Senior Law Lecturer at Middlesex University, London (UK) and Adjunct Lecturer at the Irish Centre for Human Rights (National University of Ireland, Galway, Ireland). She was awarded a PhD for her study of Special Procedures at the United Nations, at Universidad Carlos III de Madrid in 2004. She has worked in the past at the Transitional Justice Institute (University of Ulster, Northern Ireland), the Irish Centre for Human Rights (National University of Ireland, Galway), and University Carlos III de Madrid (Spain). She specializes in public international law and human rights legal theory and has worked as a consultant with the Special Rapportuer on Torture at the Office of the High Commissioner for Human Rights, Geneva. Dr. Dominguez Redondo has extensive teaching experience in public international law, humanitarian law and human rights law both at undergraduate and postgraduate level. In addition she has participated in training courses in India, Malta, Spain, Syria, Mexico and China. She is the author of two books: Los procedimientos públicos especiales de la Comisión de Derechos Humanos de Naciones Unidas (Public Special procedures of the UN Commission on Human Rights, Valencia: Tirant lo Blanch, 2005), and Minority Rights in Asia (Oxford: Oxford University Press, 2006) with co-author Professor Joshua Castellino. In addition, Dr. Dominguez Redondo has written and presented papers on a wide range of subjects in international law and human rights law. Anita Ramasastry Professor Anita Ramasastry is a faculty member at the University of Washington Law School in Seattle, Washington, USA. She was a recipient of a Fulbright Award, which she spent at National University of Ireland, Galway for the period January-June 2008. She is an expert on the role of businesses in conflict and weak governance zones. Professor Ramasastry’s research examined “emerging movements to hold business entities morally and legally accountable for their potential role in aiding human rights violations committed by others”. Her teaching provided students with an in-depth look at current debates over the role of corporations as transnational actors, their role in foreign investment, and the role of law in poverty alleviation and the promotion of economic and social rights. The Fulbright Programme worldwide was established in 1946 immediately after World War II by legislation sponsored by Senator J. William Fulbright. The purpose of the program worldwide is to increase mutual respect and understanding between peoples of the United States and those of other countries through educational and cultural exchanges. The Fulbright Program celebrated its 50th Anniversary in Ireland in 2007. Rick Lines Biennial Report 2010-2012 Irish Centre For Human Rights Structure and Personnel Rick Lines Rick Lines lectures in Human Rights and Drug Policy for the LLM in International Human Rights Law at the Irish Centre for Human Rights, National University of Ireland, Galway. Damon Barrett Mr. Lines is Director of the International Centre on Human Rights and Drug Policy, based at the Human Rights Centre at the University of Essex, where he is a Visiting Fellow. He holds an MA in Sociology (York University, Toronto) and an LLM in International Human Rights Law (Irish Centre for Human Rights, NUIG). He is currently completing a PhD in Law at the University of Middlesex. He has held senior posts with non-governmental organisations in Canada, Ireland and the United Kingdom, and has acted as a technical assistance advisor on HIV in prisons for several UN agencies. He currently works as the Executive Director of Harm Reduction International in London. Mr. Lines is a past member of the Technical Advisory Group to the Global Commission on HIV and the Law and Core Member of the Reference Group to the United Nations on HIV and Injecting Drug Use. Damon is a co-founder and director of the International Centre on Human Rights and Drug Policy (HR-DP), based at the Human Rights Centre at the University of Essex, where he is a visiting fellow. Damon is a member of faculty for the summer schools on human rights and drug policy at the Central European University in Budapest and Jodhpur National University, and has lectured on human rights and drug policy in universities around the world. He is an editor-in-chief of Human Rights and Drugs (the official journal of HR-DP), and the author of ’A Commentary on the UN Convention on the Rights of the Child: Article 33, Protection from Narcotic Drugs and Psychotropic Substances’ (Brill/ Martinus Nijhoff, 2011). He obtained his LLM from the Irish Centre for Human Rights. Damon Barrett lectures in Human Rights and Drug Policy for the LLM in International Human Rights Law at the Irish Centre for Human Rights. Damon was a civil society member of the UK delegation to the UN Commission on Narcotic Drugs from 2008-2011, and is currently Deputy Director at Harm Reduction International, where he has worked since 2007. He lives in Gothenburg, Sweden. Damon Barrett 19 Irish Centre For Human Rights Biennial Report 2010-2012 Structure and Personnel PROJECT STAFF EU-China Human Rights Network Emily Brennan is the Project Manager of the EU – China Human Rights Project. She joined the EU-China project in February 2012. Emily is a qualified lawyer with over ten years’ experience representing organizational visions and contributing to multi-stakeholder dialogue at both domestic and international level. Prior to taking on this role, Emily consulted various multinationals on risks associated with labour and human rights issues within their supply chains. Emily received her JD from the University District of Columbia (US), she studied EU policy systems at the University College Dublin Summer Institute in European & International Law (Ireland, Belgium), and received her LLM in International Human Rights Law from the National University of Ireland, Galway (Ireland). Annabel Egan Annabel Egan is Research Associate with the EU-China Human Rights Network. She is also a doctoral candidate at the Irish Centre for Human Rights, conducting research on the EU’s human rights policy on China. Prior to returning to Ireland in 2006, Annabel lived in China for five years, working as freelance journalist, an editor with the Beijing Bureau of the South China Morning Post and as spokesperson for the European Commission Delegation to China. From 1997-2000 she worked as a broadcast journalist with RTE having gained a Masters degree with distinction in Economics and Politics from the University of St. Andrews, Scotland in 1996. Drug Policy Project Yingxi Bi is the PhD Fellow in Human Rights and Drug Policy. The Fellowship is funded through a joint project between the International Centre on Human Rights and 20 Drug Policy and the Irish Centre for Human Rights at the National University of Ireland, Galway. Yingxi Bi holds an LLB in Law and an LLM in Criminal Law from Beijing Normal University. She is currently doing her PhD at the Irish Centre for Human Rights, where her research focuses on “Human Rights protection for Drug Users”. Administration The on-going and wide ranging activities of the Centre place great demands on our excellent administrative staff, Louise Burke, Fiona Gardiner and Laura Fleming, who perform these tasks with great efficiency and patience, and to whom our appreciation is due. Doctoral Research Fellows The Irish Centre for Human Rights provides doctoral research fellowships, which enable doctoral students from all over the world to finance studies in Galway while pursuing their research within the collegiate atmosphere of the Centre itself. These fellowships are generally for a period of two years. The recipients of the fellowship engage in teaching, research and other aspects of academic work. Some of them are associated with specific research projects. Over the last two years this work has been carried out by the following doctoral candidates: Kim Turcotte, Josh Curtis, Hadeel Abu Hussein, Helen McDermott, Rhonda Ferguson, Natia Kalandarishvili-Mueller, Alexis Bushnell, Peter Fitzmaurice, and Tanja Florath (the recipient of the prestigious Hardiman Scholarship). Biennial Report 2010-2012 Irish Centre For Human Rights 21 Irish Centre For Human Rights Biennial Report 2010-2012 Programmes UNDERGRADUATE (BA CONNECT, HUMAN RIGHTS) In 2008 the National University of Ireland, Galway College of Arts, Social Sciences, & Celtic Studies initiated seven denominated BA degree programmes, each offering students a different specialisation: Human Rights, Film Studies, Childhood Studies, Irish Studies, Women’s Studies, Theatre and Performance, and Creative Writing. These programmes involve four years of study and offer students, in addition to their core subject choices, carefully structured opportunities to engage with a particular field of their choice. The programmes respond to individual student interests and create a smallgroup identity around those interests. The BA with Human Rights caters for approximately 15 students who benefit from dedicated contact with an expert programme director who supports students’ progress, organises on-campus seminars and facilitates off-campus learning opportunities. Over the last year the programme has been directed by Professor Ray Murphy and facilitated by a dedicated doctoral fellow, Kim Turcotte. During their third year, students undertake a placement with human rights organizations in Montreal, Los Angeles, Guatemala City, Madrid, Brussels, Paris, London, Dublin and elsewhere, with a range of civil society bodies. 22 The Peace Palace, seat of the International Court of Justice, The Hague Annual Field Trip to The Hague, Netherlands From May 9th to 11th 2012, students from the Centre’s BA Connect and LLM programmes embarked on a three-day trip to The Hague. Accompanied by Dr. Annyssa Bellal and fellows Natia Kalandarishvili-Müller and Kim Turcotte, the students visited several of the international courts based in The Hague. At the International Criminal Tribunal for the former Yugoslavia (ICTY), on the first day of visits, students viewed a sitting of the Stanišić and Simatović trial, and presentations were given by Stephane Bourgon (Defence Counsel), Judge Carmel Agius, and William Tomljanovich, (Staff member of the ICTY/Office of the Prosecutor). The International Court of Justice and the International Criminal Court were the destinations on the following day. At the International Court of Justice, New Zealand’s Judge Kenneth Keith spoke to the group. He was appointed in 2005, and gave a great deal of insight into the functioning of the Court. On the same day the group went to the International Criminal Court, where they were given an introduction to the building and benefited from talks delivered by Dr. Mohamed M. El Zeidy, (Legal Officer for Pre-Trial Chamber II) and Dr. Rod Rastan (Legal Advisor in the Office of the Prosecutor). Although brief, the students reported the trip to be a major success. It was a unique educational experience. Thanks go out to the organisers for setting up the contacts, overseeing the travel and making the trip possible. The same event took place in 2011. The Irish Centre for Human Rights looks forward to continuing its annual trips to The Hague, giving students a flavour of international law in practise. Biennial Report 2010-2012 Irish Centre For Human Rights Programmes MASTERS (LLM) The diverse and widely acclaimed Masters programmes form the traditional core of the academic life at the Irish Centre for Human Rights. Students pursuing these programmes come every year from a broad range of countries including: Angola, Australia, Belgium, Brazil, Canada, China, Germany, Iran, Ireland, Italy, Mexico, Nigeria, Norway, Pakistan, Palestine, Rwanda, Russia, South Africa, Spain, the USA, and Zimbabwe. The diversity of the group in terms of culture, nationality, age and experience greatly adds to the dynamism of the programmes and the life of the Centre in general. It also provides great breadth and depth to the collegial atmosphere of the Centre, in which knowledge imparted formally is complemented and fleshed out by the perspectives, arguments and experiences of fellow students. This atmosphere is further fostered by the Centre’s policy of encouraging applications from those with non-legal backgrounds, enabling contributions from students seeking a qualification in law but with previous educational qualifications ranging from sociology and philosophy to economics and politics. The Irish Centre for Human Rights offers three distinct LLM courses, and in addition participates in four interuniversity programmes. The Masters of Law in International Human Rights Law, launched a decade ago, is the Centre’s flagship postgraduate programme. It aims to prepare graduates for work in the field of international human rights, with international organisations, non-governmental organisations and as individual advocates. The course work begins with a general introduction to the systems and documents of international human rights law, and proceeds to a series of specialised courses in such areas as minority rights law, regional human rights systems such as the European Convention on Human Rights, criminal prosecution by international tribunals of human rights violations, gender and child rights, refugee law and international humanitarian law. The course emphasises the analysis and critique of international human rights law and legal regimes. While the emphasis of the course is legal it accepts suitably qualified candidates from other backgrounds in the firm belief that human rights itself is multidisciplinary. Initiated in 2002, the Masters of Law in Peace Operations, Humanitarian Law and Conflict, draws upon the resources of the LLM in International Human Rights Law, but adds specialised courses on matters specific to peace-keeping in the modern age. The course work begins with a general introduction to international peace-keeping and peace support operations, and continues with a series of specialised courses in such areas as international relations and international organizations, international humanitarian law, refugee law, conflict and post conflict studies, and international criminal law. The programme recognizes the experience of candidates who have participated in peacekeeping activities in various parts of the world. Thus, the programme provides credit for a full semester course in exchange for submission of a written assignment of appropriate length, reviewing field experience and lessons learned. Many of the students enrolled have worked previously in peace support operations with the Irish Defence Forces. The Masters of Law in International Criminal Law was launched at the Irish Centre for Human Rights in September 2008. Designed and delivered by experts unrivalled in the field, the LLM in International Criminal Law provides students with an advanced understanding of the history and institutional structures of the various international criminal tribunals and the International Criminal Court. Students are equipped with an in-depth knowledge of the principles of international criminal law and its component crimes and procedural issues, developing a critical approach to the alternatives in international criminal justice, such as truth commissions. Internship Programme The Centre provides LLM students with a number of opportunities to conduct internships with international institutions and non-governmental organizations in the field of human rights, including advice, contacts and some financial help. The internship programme allows students to engage with human rights organizations as well as law firms affiliated with locally based human rights groups. The project allows students to put into practice some of the foundational work provided by the LLM programmes, as well as to provide much needed assistance to both local and international groups working on the pressing human rights issues. The results of research undertaken by students have served as the basis for non-governmental organizations reports and also for minor dissertations. Students have undertaken internships with a variety of organizations including: the International Bar Association in the Hague, Social Accountability International in New York, UN Internships in East Timor, Al Haq in the West Bank, the International Criminal Tribunal for the Former Yugoslavia in the Netherlands, Association des Droits de l’Homme et l’Univers Carceral Congo, the Court of Bosnia and Herzegovina, War Crimes Section in Sarajevo, the Extraordinary Chambers in the Courts of Cambodia, the Formal Sector Service Centre in Nepal, and Public Interest Lawyers in Birmingham. 23 Irish Centre For Human Rights Biennial Report 2010-2012 Programmes DOCTORAL (PHD) Doctoral Students and Staff, Inchgoill Island, Doctoral Seminar 2012 The Irish Centre for Human Rights is at the forefront of doctoral research in the field of human rights, with probably the largest cohort of students in the world. The doctoral programme is unique not only because of the exceptional standard of research and level of publication, but also because of the environment in which doctoral students work. Students from a range of academic backgrounds are engaged in research on a broad spectrum of issues related to international human rights law, international criminal law, international humanitarian law and international relations. Doctoral candidates audit seminars that are offered by the Centre as part of the post-graduate teaching programmes and contribute to 24 research projects carried out at the Centre. In addition, opportunities exist for doctoral candidates to deliver seminars and to gain valuable teaching experience both on and off campus. Throughout the academic year, doctoral candidates also meet regularly with the Centre’s Director to discuss recent developments and case-law of mutual interest as part of their regular study programme. Dr. Shane Darcy is the Director of the PhD Programme at the Centre. Annual Doctoral Seminar 2011 The Irish Centre for Human Rights 2011 Annual Doctoral Seminar took place on 2-8 May 2011. More than thirty doctoral students attended the event, which included student presentations, sessions on skills, and scholarly presentations by international guest speakers. Among the invited experts were Patricia Sellers, a Brussels-based international criminal lawyer who worked for more than fifteen years as a gender advisor to the International Criminal Tribunal for the former Yugoslavia; and Professor Iain Scobbie, of the School for Oriental and African Studies in London. Throughout the week, PhD candidates from the Centre and from other institutions presented on their research and received valuable feedback and comments. The breadth of topics covered was enormous. The week was rounded off with a trip to Connemara for a guided tour of Kylemore Biennial Report 2010-2012 Irish Centre For Human Rights Programmes RECENT GRADUATES Abbey, a stroll around the Victorian Walled Garden, and a dinner hosted by Professor Schabas and his wife Penelope at their home in Oughterard. Annual Doctoral Seminar 2012 The Irish Centre for Human Rights held its 2012 Annual Doctoral Seminar from April 30th to May 4th 2012. During this week four visiting experts gave presentations on a range of topics, from caste and descent based discrimination to the reform of the UN treaty body system. This year’s experts were Professor Michael O’Flaherty (Human Rights Law Centre, University of Nottingham), Professor Suzannah Linton (Bangor University, Wales), Dr. David Keane (Middlesex University, London), and Professor Koen De Feyter (University of Antwerp, Netherlands). PhD candidates from the Centre as well as other institutions presented their research to the experts and their peers, receiving valuable feedback and comments. The traditional mid-week day trip was to Inchgoill Island on nearby Lough Corrib. Fortunately the sun shone down on the seminar’s participants, as they were taken on a guided walking tour, taking in such sites as St. Patrick’s 5th century church and other historic landmarks. Our thanks go to all the visiting experts and the research supervisors who met with their students during the course of the week, as well as to Helen McDermott and Alexis Bushnell for organising the event. Over the years, the achievements of the Centre’s doctoral graduates have paid a great tribute to the quality of the PhD programme. Most graduates have taken up permanent teaching positions at prestigious institutions and the vast majority of graduates have published, or are in the course of publishing, their doctoral theses. A number of graduates are working for various inter-governmental and non-governmental organizations. The Irish Centre for Human Rights would like to congratulate its recent PhD programme graduates on their successful completion of their degree program: 2010 Joseph Sebarenzi, PhD, Beyond Gacaca Courts: Restorative Justice in Rwanda, National University of Ireland, Galway, 2010. Khadeija Mahgoub, PhD, The Right of the Child to Survival and Development: Reflections on Article 6(2) of the United Nations Convention on the Rights of the Child, National University of Ireland, Galway, 2010. Maria Varaki, PhD, The Interests of Justice. The Quest for Fine Balance at the International Criminal Court, National University of Ireland, Galway, 2010. 2011 Nicolaos Strapatsas, PhD, The Supreme International Crime: Aggression Under the Rome Statute of the International Criminal Court, National University of Ireland, Galway, 2011. Eadaoin O’Brien, PhD, Medico-legal Investigations of War Crimes, Crimes Against Humanity & Genocide by the International Tribunals: Legal framework, practice and developing norms, National University of Ireland, Galway, 2011. Fannie Lafontaine, PhD, Prosecuting International Crimes in Canadian Courts: Where International Law Meets Domestic Law, National University of Ireland, Galway, 2011. Thesis published: Prosecuting Genocide, Crimes Against Humanity and War Crimes in Canadian Courts (Toronto: Carswell, 2012). Nancie Prud’homme, PhD, International Humanitarian Law and International Human Rights Law: From Separation to Complementary Application, National University of Ireland, Galway, 2011. Aimé Karimunda, PhD, The Abolition of the Death Penalty in Africa, National University of Ireland, Galway, 2011. Kjell Anderson, PhD, The Dehumanisation Dynamic: A Criminology of Genocide, National University of Ireland, Galway, 2011. Alfred Mwenedata, PhD, De la promotion et protection de droits humains dans le contexte du VIH/SIDA: facteur limitant la propagation de l’épidémie ?, National University of Ireland, Galway, 2011. Brendan Tobin, PhD, Why Customary Law Matters. Indigenous Peoples’ Customary Laws and Human Rights, National University of Ireland, Galway, 2011. Wibke Timmermann, PhD, Hate Speech and Incitement in International Criminal Law, National University of Ireland, Galway, 2011. Andrea Breslin, PhD The Obligation of the EU and its Member States to Ensure Respect for International Humanitarian Law, National University of Ireland, Galway, 2011. 25 Irish Centre For Human Rights Biennial Report 2010-2012 Programmes RECENT GRADUATES SUMMER SCHOOLS International Criminal Court Summer School Dr. Mario Silva in doctoral dress, alongside Professor Ray Murphy 2012 Mario Silva, PhD, Failed and Failing States: Causes and Conditions, National University of Ireland, Galway, 2012. Fidelma Donlon, PhD, The Completion Strategies of the International Criminal Tribunals: The former Yugoslavia, Rwanda and Sierra Leone, National University of Ireland, Galway, 2012. Harry Rhea, PhD, The United States and the International Criminal Tribunals, National University of Ireland, Galway, 2012. 26 The eleventh annual Summer School on the International Criminal Court (ICC) took place from June 18th to 22nd 2012 at the National University of Ireland, Galway. The summer school was hosted by the Irish Centre for Human Rights. Each year delegates immerse themselves in the study of this increasingly important area of international law for five days of intense lectures delivered by a panel of experts. In addition to speakers from the Centre, this year’s panel included the keynote speaker, Professor William A. Schabas, Middlesex University; Professor Siobhan Mullally, University College Cork; Mr John McManus, Crimes Against Humanity and War Crimes Section Department of Justice, Canada; Ms. Miriam Spittler, International Criminal Court; and Dr. Mohamed El Zeidy, International Criminal Court among others. A total of 53 attendees came from as far as East Timor, India, and the United States. Throughout the week students gained a working knowledge of the establishment of the Court, its applicable law and structures. The 2012 programme included topics such as corporate crimes, the Rome Statute of the International Criminal Court and the prosecution of gender crimes. The Irish Centre for Human Rights looks forward to hosting the summer school again next year! Summer School in Human Rights, Cinema and Advocacy Following its successful development over the last six years, the Summer School on Cinema, Human Rights and Advocacy (CHRA) took place at the Huston School of Film and Digital Media from 6th to Biennial Report 2010-2012 Irish Centre For Human Rights Programmes Participants of the 2012 Summer School in Human Rights, Cinema and Advocacy 13th July 2012. The summer school’s unique and successful programme was originally launched in 2006 in Venice in co-operation with the Venice International Film Festival. In 2010, supported by the Galway University Foundation, the event transferred to National University of Ireland, Galway’s Huston School of Film and Digital Media and the Irish Centre for Human Rights. This year the school received the support of the Open Society Foundations, part of the Soros Foundation, and links were forged with the Galway Film Fleadh, Ireland’s leading film festival. The programme attracted 17 young talented filmmakers and professionals from across the world (China, Ukraine, Jordan, Canada, Israel, France, Australia, Italy, Slovakia, Spain, Austria and Ireland) who engaged in an intense week’s training course where ideas and projects were shared, developed and challenged by fellow participants and internationally acclaimed experts in film, television, photography and human rights. The programme director Nick Danziger, a leading practitioner in the field of human rights documentary making, acted as the senior facilitator of discussions during the week. Other facilitators included: Professor William A. Schabas, Professor of international law at Middlesex University in London and Professor of human rights law of the Irish Centre for Human Rights; Rod Stoneman, director of the Huston School of Film & Digital Media; Christopher Hird, a central figure in independent documentary making in the UK; Professor Julian Petley, Professor of Screen Media and Journalism at the Brunel University; Emma Sandon, Lecturer of Film and Television Studies at Birkbeck College in London; Florian Westphal, Deputy Director of Communication at the International Committee of the Red Cross in Geneva; Philippe Meers, Associate Professor in Communication Studies at Antwerp University and Kelly Matheson, program director at Witness, an international human rights organization that raises awareness of human rights violations through the use of 27 Irish Centre For Human Rights Biennial Report 2010-2012 Programmes video and online technologies. As part of the program, participants were given the opportunity to assist festival screenings at the Galway Film Fleadh as well as take part in a jury for the award of the Best Human Rights Film in the festival competition. The jury selected the documentary “Give up Tomorrow”, directed by Michael Collins for the award, praising the strong and wellarticulated human rights message on fair trial rights promulgated in the film. Minority Rights Summer School This year’s Minority Rights Summer School was held at Middlesex University in Hendon, London from the 22nd to the 24th of June. The programme attracted a blend of academics, activists and organisations, with speakers from institutions such as Middlesex University and the Irish Centre for Human Rights, the Forest Peoples’ Programme and Minority Rights Group, the Office of the UN Independent Expert on Minority Issues and the Organisation for Security and Cooperation in Europe. Participants were treated to a wide range of topics including conflict resolution, minorities and the media, litigating minority rights, questions of racial discrimination and religious intolerance, and a number of indigenous rights questions. The evening sessions debated slavery and its contemporary manifestations, and there was also a film on Afro-Colombian peoples and mining with a question and answer session afterwards. This prompted plenty of discussion between speakers and participants in the best traditions of the Summer School, which continued into the evening dinner at the nearby Claddagh pub. Next year’s Minority Rights Summer School will be held again in Middlesex. The programme will be released in early 2013, and we look forward to another equally vibrant event. New England School of Law Summer Programme For the past eleven years the Irish Centre for Human Rights has hosted a five-week-long 28 summer programme in international human rights offered by a consortium of universities in the United States and led by the New England School of Law, Boston. This year’s programme took place over June and July and was attended by 50 students from law schools and universities throughout America. Courses delivered by the Centre’s faculty, Professor Ray Murphy, Dr. Kathleen Cavanaugh, Dr. Shane Darcy and Dr. Annyssa Bellal were available to be credited towards American Bar Association approved law degrees. Classes ranging from human rights law, to international humanitarian law, to conflict resolution were met with great enthusiasm by the students, who also enjoyed a number of coordinated social events including a trip to the nearby Aran Islands and a visit to the Galway County Courthouse to meet with local judges and lawyers. The Centre is very glad to continue hosting this enjoyable and highly educational programme. Washington Law Summer School In August 2012 the Irish Centre for Human Rights together with the Centre of Human Rights of the University of Washington hosted an annual programme on the Challenges of International Justice. Sixteen American students visited Galway for two weeks and learned about international criminal justice, contemporary challenges of peacekeeping, serious abuses of human rights and legal remedies to encounter and redress those violations. Several PhD fellows and members of the Irish Centre for Human Rights presented insights into the contemporary challenges of public international law and offered expertise in their respective fields. The seminar took place in cooperation with the Irish Defence Forces. Lively debates took place between the US students and former LLM students of the Irish Centre for Human Rights, before the visiting students left for the Netherlands in order to apply their newly established knowledge and learn more at several institutions of international justice in The Hague. The exploration seminar is part of a regular cooperation between the Irish Centre for Human Rights and the Centre of Human Rights at the University of Washington. The same event took place in August 2011. We look forward to this programme’s successful continuation. Debating the 2011 Sakharov Prize for Freedom of Thought In the name of Russian physicist, Andrei Dmitrievich Sakharov, a Nobel Peace Prize laureate, the European Parliament makes this award yearly to honour selected individuals or organisations for their exceptional work in defence of human rights and fundamental freedoms. Since 2010 the Centre has organised a public debate on the prize nominees whereby the Centre’s students from all programmes, BA, LLM and PhD, briefly present the case for each nominee. An open discussion is then held and finally the audience votes on which nominee they believe most deserves the award. In 2011, for the second year running the Irish Centre for Human Rights and the Office for the European Parliament in Ireland hosted a debate to celebrate the Sakharov Prize for Freedom of Thought. The event took place on Tuesday 18th of October, at Áras Uí Chatháil, National University of Ireland, Galway. Each nominee was represented by students from the Centre, who argued the case for the award to be given to this nominee. A debate followed in which the audience voted for who they thought was the most deserving candidate. Representatives of the European Parliament then conveyed the result to the Parliament’s Human Rights Sub-Committee, and the winner was announced on the 10th of December marking the day on which the Universal Declaration of Human Rights was signed in 1948. Five representatives of the Arab Spring movement were the eventual winners; they received the award and €50,000 from the President of the European Parliament on December 14, 2011. Biennial Report 2010-2012 Irish Centre For Human Rights Programmes 2012 Sakharov Prize The third annual debate on the Sakharov Prize for Freedom of Thought was held by the Irish Centre for Human Rights on October 1, 2012. The event was introduced by Francis Jacobs, head of the European Parliament Information Office in Ireland, and was chaired by Dr. Karen da Costa. Presentations were given on this year’s nominees including; Ales Bialiatski, a freedom fighter and human rights defender currently imprisoned by the Belarusian regime; Joseph Francis, the founder and director of the Center for Legal Aid, Assistance and Settlement in Pakistan; Victoire Ingabire, Déogratias Mushayidi, and Bernard Ntaganda, three imprisoned Rwandan opposition representatives who have tried to put an end to the cycle of violence by fostering dialogue and reconciliation; Pussy Riot represented by Nadezhda Andreyevna, Tolokonnikova, Yekaterina Samutsevich and Maria Alyokhina, imprisoned and sentenced to forced labour in the Russian Federation for acts of protest; and, Nasrin Sotoudeh and Jafar Panahi, both persecuted Iranian human rights advocates. Following an interesting debate the greatest share of the audience vote went to Victoire Ingabire, Déogratias Mushayidi, and Bernard Ntaganda from Rwanda. These nominees were presented by Leisha Shiner, Katie O’Riordan, Lucy Fitzgerald, and Anna Chiapello, all LLM programme participants. The results of the debate will be disseminated to the Irish MEPs and delivered to the European Parliament Subcommittee on Human Rights to be factored into the decision made on this year’s prize in December 2012. Post-Cast Lead by Daragh Murray 29 Irish Centre For Human Rights 30 Biennial Report 2010-2012 Biennial Report 2010-2012 Irish Centre For Human Rights Research and Publications Staff and students of the Irish Centre for Human Rights are committed to publishing high-quality academia. Below is a selection of publications from the 2010 - 2012 period. BOOKS & MONOGRAPHS EDITED VOLUMES • Lubell, Noam, Extraterritorial Use of Force Against Non-State Actors (Oxford University Press, Oxford Monographs in International Law, paperback version 2011). • Bernaz, Nadia, Routledge Handbook of International Criminal Law (Routledge, 2011, co-edited with William A. Schabas). • Schabas, William A., Unimaginable Atrocities: Justice, Politics and Rights at the War Crimes Tribunals (Oxford University Press, 2012). • Schabas, William A., Introduction to the International Criminal Court (Cambridge University Press, 4th ed., 2011). • Schabas, William A., The International Criminal Court: A Commentary on the Rome Statute (Oxford University Press, 2010). • Darcy, Shane, Judicial Creativity at the International Criminal Tribunals (Oxford University Press, 2010, co-edited with Joseph Powderly). • McDermott, Yvonne, The Challenge of Human Rights: Past, Present and Future (Cheltenham Edward Elgar, 2012, co-edited with David Keane). • McDermott, Yvonne, The Ashgate Research Companion to International Criminal Law: Critical Perspectives (Ashgate, forthcoming in 2013, co-edited with William A. Schabas and Niamh Hayes). • Murphy, Raymond, Post Conflict Peacebuilding and International Law (Ashgate, 2012). ARTICLES, CHAPTERS AND REPORTS • Bellal, Annyssa, “Evaluating the use of force during the Arab Spring”, 14 Yearbook of International Humanitarian Law 3 (2011) (with Louise Doswald-Beck). • Bellal, Annyssa, “The 2009 Resolution of the Institute of International Law on Immunity and International Crimes”, 9(1) Journal of International Criminal Justice 227 (2011). • Bellal, Annyssa, “Enhancing respect for international law by armed non state actors”, 3(1) Göttingen Journal of international law 175 (2011) (with Stuart Casey-Maslen). • Bellal, Annyssa, “The International Law Applicable to Armed Non State Actors in Afghanistan”, 93(881) International Review of the Red Cross 1 (2011) (with Gilles Giacca and Stuart Casey-Maslen) (winner of the International Geneva Award 2011 delivered by the Swiss Network of International Studies). • Bellal, Annyssa, “Towards engagement, compliance and accountability”, 37 Forced Migration Review 4 (March 2011) (with Gilles Giacca and Stuart Casey-Maslen). • Bernaz, Nadia, “Delivering Justice in the Caribbean: a Human Rights Assessment of the Caribbean Court of Justice”, 4 Public Law 703 (October 2012). • Cavanaugh, Kathleen, “Speaking Law to War”, 17(1) Journal of Conflict & Security Law 3 (Spring 2012). • Dang, Heping, “State Obligation to Influence Public opinion under International Law – Capital Punishment and Public Opinion”, in Maria Loredana Idomir, Matthias Keuschnigg and Michael Platzer (eds.), Vienna Conference on the Abolition of the Death Penalty: Working Together towards the Universal Abolition of the Death Penalty, 68-73 (Bundesministerium für Justiz, Academic Council on the United Nations System, 2011). 31 Irish Centre For Human Rights Biennial Report 2010-2012 Research and Publications • Dang, Heping, “A Legal Sociology Analysis on Liao Tingting Intentional Killing Case”, in Zhao Bingzhi (ed.), Jurisprudence on Criminal Cases, 220-246 (Peking University Press, 2011). • Darcy, Shane, “An Enduring Occupation: The Status of the Gaza Strip from the Perspective of International Humanitarian Law”, 15(2) Journal of Conflict and Security Law 211 (Summer 2010) (with John Reynolds). • Darcy, Shane, “Prosecuting the War Crime of Collective Punishment; Is it Time to Amend the Rome Statute?” 8(1) Journal of International Criminal Justice 29 (March 2010). • Darcy, Shane, “The right to a social and international order for the realisation of human rights: Article 28 of the Universal Declaration and international cooperation”, in David Keane and Yvonne McDermott (eds.), The Challenge of Human Rights: Past, Present and Future 9-35 (Edward Elgar Publishing, 2012) (co-authored with Josh Curtis). • Darcy, Shane, “Truth Commissions, the European Union and Reparations from Business”, in Faria Medjouba (ed.), Building Peace in Post-conflict Situations 43-60 (British Institute of International and Comparative Law, 2012). • Darcy, Shane, “The Reinvention of War Crimes by the International Criminal” in Shane Darcy and Joseph Powderly (eds.), Judicial Creativity at the International 32 Criminal Tribunals 106-128 (Oxford University Press, 2010). • Darcy, Shane, ”Defences to International Crimes”, in William A. Schabas and Nadia Bernaz, Handbook of International Criminal Law 231-245 (Routledge, 2010). • Darcy, Shane, “Bridging the Gaps in the Laws of Armed Conflict? International Criminal Tribunals and the Development of Humanitarian Law”, in Noelle Quenivet and Shilan Shah-Davis, International Law and Armed Conflict; Challenges in the 21st Century 319-337 (T.M.C. Asser Press, 2010). • De Ycaza, Carla, “Transitional Justice and the African Experience”, 13(3) International Studies Review 554 (September 2011) (with William A. Schabas). • De Ycaza, Carla, “Performative Functions of Genocide Trials in Rwanda: Reconciliation Through Restorative Justice? An Examination of the Convergence of Trauma, Memory and Performance Through Legal Responses to Genocide in Rwanda”, 10(3) African Journal on Conflict Resolution 9 (2010). • De Ycaza, Carla, “Victor’s Justice in War Crimes Tribunals: A Study of the International Criminal Tribunal for Rwanda”, 23(1) New York International Law Review 53 (Winter 2010) 53-81. • Duffy, Aoife, “Detainee as Exile: Theorizing the Politico-legal Underpinnings of Executive Detention”, 7 Interdisciplinary Journal of Human Rights Law (2012-2013). • Duffy, Aoife, “A Truth Commission for Northern Ireland?”, 4(1) International Journal of Transitional Justice 26 (March 2010). • Farrell, Brian, “Access to Habeas Corpus: A Human Rights Analysis of US Practices in the War on Terrorism”, 20 Transnational Law and Contemporary Problems 3 (2011). • Jaichand, Vinodh, “Dam and be Damned: The Adverse Impact of Belo Monte on the Indigenous Peoples in Brazil”, forthcoming in Human Rights Quarterly (with Alexandre de Oliveira Andrade Moraes Sampaio). • Jaichand, Vinodh, “Bringing it Home: The Inter-American System and State Obligations- Using a gender approach regionally to address women’s rights violations domestically”, 3 The InterAmerican and European Journal of Human Rights 49 (2010) (with Ciara O’Connell). • Jaichand, Vinodh, “Overview of Economic, Social and Cultural Rights from an International Perspective”, 3 The Protection Project Journal of Human Rights and Civil Society 117 (Fall 2010). • Kalandarishvili-Mueller, Natia, “Is it a Bird? Is it an armed conflict? Classification of the situation in Syria”, forthcoming in Journal of International Law, Institute of International Law, Tbilisi State University (with Krisztina Huszti Orban). • Lubell, Noam, “What’s in a Name? The Categorisation of Individuals under the Law of Armed Conflict”, 86(3-4) Journal of International Peace and Organization 83 (2011). Biennial Report 2010-2012 Irish Centre For Human Rights Research and Publications • Lubell, Noam, “Human Rights during Military Occupation”, forthcoming in International Review of the Red Cross. • McDermott, Yvonne, “Yong Vui Kong v. Public Prosecutor and the Mandatory Death Penalty for Drug Offences in Singapore: A Dead End for Constitutional Challenge?”, 1 International Yearbook of Human Rights and Drug Policy 35 (2011). • McDermott, Yvonne, “Human Rights and the Lisbon Treaty: Consensus or Conditionality?”, 31(4) Whittier Law Review 733 (2010). • McDermott, Yvonne, “International Criminal Courts”, in George Ritzer (ed.), The Blackwell Encyclopaedia of Globalization (Oxford, 2012) (with William A. Schabas). • McDermott, Yvonne, “Rights in Reverse: A Critical Analysis of Fair Trial Rights under International Criminal Law”, in William A. Schabas, Yvonne McDermott and Niamh Hayes (eds.), The Ashgate Research Companion to International Criminal Law: Critical Perspectives (Ashgate, 2012). • McDermott, Yvonne, “Double Speak and Double Standards: Does the Jurisprudence on Retrial following Acquittal under International Criminal Law Spell the End of the Double Jeopardy Rule?”, in David Keane and Yvonne McDermott (eds.), The Challenge of Human Rights: Past, Present and Future (Elgar, 2012). • McDermott, Yvonne, “Joint case commentary: Prosecutor v. Trbić, Decision on Trial Chamber’s competence to entertain motion filed after entry into force of decision under Rule 11bis’ and Prosecutor v. Lukić et al., Decision on Milan Lukić’s appeal regarding referral”, in Andre Klip and Goran Sluiter (eds), Annotated Leading Cases of International Criminal Tribunals: Volume XXXIV, Antwerp, 2011. • McDermott, Yvonne, “Case commentary: Prosecutor v. Krajišnik, Decision on Momčilo Krajišnik’s motion to reschedule status conference and permit Alan Dershowitz appear”, in Andre Klip and Goran Sluiter (eds.), Annotated Leading Cases of International Criminal Tribunals: Volume XXXV (Antwerp, 2011). • Murphy, Raymond, “Report on International Humanitarian Law and related developments in Ireland”, 13 Yearbook of International Humanitarian Law 2010 496 (2011). (Gill and Macmillan, 2012). • Murphy, Raymond, “Introduction”, in Post Conflict Peacebuilding and International Law, xi-xxxiv (Ashgate, 2012). • Murphy, Raymond, “Origins and Development of International Humanitarian Law”, in Manual for International Criminal Investigations 1-9 (Institute for International Criminal Investigations, The Hague (2012). • Murphy, Raymond, “United Nations Standby Arrangement System (UNSAS)”, in R. Wolfrum (ed.), Max Planck Encyclopaedia of Public International Law (Oxford, 2008-2011). • Murphy, Raymond, “War Crimes”, in The Blackwell Encyclopaedia of Globalization ( John Wiley & Sons, 2010). • Murphy, Raymond, “Post-UN Withdrawal: An Assessment of Peacekeeping in Chad”, The Irish Yearbook of International Law 2010 1 (2011). • Murphy, Shannonbrooke, “Unique in International Human Rights Law: Article 20(2) and the Right to Resist in the African Charter on Human and Peoples’ Rights”, 11 African Human Rights Law Journal 2 (2011). • Murphy, Raymond, “Report on International Humanitarian Law and related developments in Ireland”, 11 Yearbook of International Humanitarian Law 475 (2010). • Murphy, Shannonbrooke, “The Right to Resist Reconsidered” in DP Keane and Y McDermott (eds.), The Challenge of Human Rights: Past, Present and Future (Edward Elgar Publishers, 2012). • Murphy, Ray, “Forgotten Rights: Consequences of the Israeli occupation of the Golan Heights”, in D. Keane and Y. McDermott (eds.), The Challenges of Human Rights – Past, Present and Future 138-164 (Edgar Allen, 2012). • Schabas, William, “Presentation of the Quinquennial Report on Capital Punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, 2010”, Cahiers de Défense Sociale 67 (200910). • Murphy, Ray, “International Security and United Nations Peacekeeping: the Irish Experience”, in Tonra, Kennedy, Doyle and Dorr (eds.), Irish Foreign Policy, 169-83 33 Irish Centre For Human Rights Biennial Report 2010-2012 Research and Publications BLOG POSTS, MEDIA ARTICLES, INTERVIEWS, AND OTHER PUBLICATIONS • Azarov, Valentina, “Exploiting A ‘Dynamic’ Interpretation? The Israeli High Court of Justice Accepts the Legality of Israel’s Quarrying Activities in the OPT”, European Journal of International Law: Talk! 7 February 2012, available at http://www. ejiltalk.org/exploiting-a-dynamicinterpretation-the-israeli-high-court-ofjustice-accepts-the-legality-of-israelsquarrying-activities-in-the-occupiedpalestinian-territory • Azarov, Valentina, “ICC Jurisdiction in Palestine: Blurring Law and Politics”, JURIST - Forum, 9 April 2012, available at http://jurist.org/forum/2012/04/ valentina-azarov-icc-palestine.php • Azarov, Valentina, “Disingenuous Disengagement: Israel’s Occupation of the Gaza Strip and the Protective Function of the Law of Occupation”, Opinio Juris, April 2012, available at http://opiniojuris.org/2012/04/24/ disingenuous-disengagement-israelsoccupation-of-the-gaza-strip-and-theprotective-function-of-the-law-ofbelligerent-occupation/#comments • Darcy, Shane, “Putting Human Rights First”, Sunday Business Post, March 11, 2012. • De Ycaza, Carla, “Law and Africa: A Portrait of Fatou Bensouda”, Work Style Magazine (Spring 2012). • De Ycaza, Carla, “Women at Work in Africa: Opportunities and Challenges”, Work Style Magazine (Winter 2011). • De Ycaza, Carla, “African Institutions in a Changing Regional and Global Security Environment”, International Peace Institute (September 2010). • Jaichand, Vinodh, “Responses to racism research show few have read the actual 34 report”, The Galway Advertiser, January 13, 2011. • Jaichand, Vinodh, “We must avoid ‘taxi apartheid’ says human rights centre director”, The Galway Advertiser, December 16, 2010. • Lubell, Noam, “Transnational Armed Conflicts”, N 40 Bruges Colloquium, College of Europe and the International Committee of the Red Cross (2010). • McDermott, Yvonne, Interview (in Irish): Raidió na Life, “Cuspóirí Fobraíochta na Mílaoise agus Geallúna na Rialtais” (“The Millennium Development Goals and Governmental Obligations”), September 5, 2010. • McDermott, Yvonne, “Media Standards and the Stephen Lawrence case”, Blog post, January 2012, available at: http://www.humanrights.ie/index. php/2012/01/16/mcdermott-onmedia-standards-and-the-lawrence-case • McDermott, Yvonne, “Complementarities between International Refugee Law, International Criminal Law and International Human Rights Law”, ASIL Accountability, July 2011, available at http://www.asil.org/accountability/ summer_2011_7.cfm • McDermott, Yvonne, “Mandatory Death Penalty in Singapore”, Blog post, May 2011, available at: http://www.intlawgrrls. com/2011/05/mandatory-deathpenalty-in-singapore.html • McDermott, Yvonne, “Abuse of Process and the ICC Trial in Lubanga”, Case commentary, July 2010, available at: http://www.intlawgrrls.com/2010/08/ abuse-of-process-icc-trial-in-lubanga. html • Murphy, Raymond, “Irish and UN forces faced with dilemma in Lebanon”, The Irish Times, December 20, 2010. • Murphy, Raymond, “Is it time for a World Court of Human Rights?”, Sunday Business Post, January 2, 2011. • Murphy, Raymond, “Peacekeepers on Lebanon need support on the ground”, The Irish Times, June 27, 2011. • Murphy, Raymond, “Ireland not fulfilling child soldier obligations”, Sunday Business Post, January 1, 2012. • Murphy, Raymond, “Cambodia War Crimes Tribunal at risk of failure”, The Irish Times, February 16, 2012. • Murphy, Raymond, “A milestone for international court as notorious warlord is brought to justice”, The Irish Times, March 28, 2012. • Murphy, Raymond, “Illusory UN peace plan has failed to stop Syrian horror”, The Irish Times, May 31, 2012. • Schabas, William, “Put North Korea on Trial”, International Herald Tribune, April 26, 2012 (with Sir Geoffrey Nice). • Schabas, William, “Put North Korea on Trial”, The New York Times and The International Herald Tribune, May 25, 2012 (with Sir Geoffrey Nice QC). Biennial Report 2010-2012 Irish Centre For Human Rights RESEARCH PROJECTS COMPLETED • Curtis, Josh, “Submission to the Irish Department of Foreign Affairs in Response to the Review of the White Paper on Irish Aid”, Irish Centre for Human Rights, April 2012 (with Peter Fitzmaurice). • Bernaz, Nadia, “Guidance on Business and Human Rights: A Review”, commissioned by the British Equality and Human Rights Commission, 2011 (with Dr Jérémie Gilbert and Professor Joshua Castellino). • Bellal, Annyssa, “Rules of Engagement - Protecting Civilians through Dialogue with Armed Non-State Actors”, Final Report, Swiss Federal Department of Foreign Affairs and Geneva Academy of International Humanitarian Law and Human Rights, November 2011 (with Stuart CaseyMaslen). • Darcy, Shane, et al., “Business and Human Rights in Ireland”, Irish Centre for Human Rights, April 2012. • Jaichand, Vinodh, “Riding along Racism? Research on the Galway Taxi Industry: Employment Opportunities, Patterns of Public Use and User Perceptions”, Irish Centre for Human Rights, December 2010. • Murphy, Raymond, “The Assessment and Update of Customary International Humanitarian Law in Ireland”, Report prepared for Irish Red Cross and International Committee of the Red Cross, 2011. • Pestova, Natalia, “The Right to Health In Russia”, research report delivered under the Monitoring the Right to Health project coordinated by the University of Aberdeen School of Law, published by the International Federation of Health and Human Rights Organisations, January 2012, available at http://www.ifhhro.org/ information-centre/country-reports. 35 Irish Centre For Human Rights Biennial BiennialReport Report2010-2012 2010-2012 Conference Presentations, Guest Lectures and Symposia The Irish Centre for Human Rights is dedicated to genuine and personal engagement with diverse actors, organizations and institutions both nationally and internationally on a range of human rights issues at all levels of advocacy, activism and academia. This is evinced by faculty member and students delivering conference papers and lectures around the world: William A. Schabas – “Katyn at Nuremberg”, Conference on Katyn: Justice Delayed or Justice Denied, Case Western Reserve University School of Law, Cleveland, 4 February 2011; “Gaza, Goldstone and the International Criminal Court”, Wilfred Laurier University, Waterloo, Ontario, 17 February 2011; “Truth Commissions and their Contribution to Transitional Justice”, Kawakibi Democracy Transition Centre, Tunis, 24 February 2011; “Article 2 of the European Convention on Human Rights”, Legal Transformation Centre, Minsk, 26 February 2011; “The Next Decade of the International Criminal Court: Some Concerns”, University of Salzburg, 18 March 2011; “Drug Offences and the Death Penalty”, Middle Summary Conference on Promoting the Death Penalty Reform in China (Yunnan Pilot), Research Centre for Criminal Law of Wuhan University, Beijing, 26 March 2011; Prosecution at the International Criminal Tribunals”, Casten Centre for Human Rights, Monash University, Melbourne, 1 June 2011; “Ding Dong the Witch is Dead: Dealing with Tyrants Under International Law”, Sean Lester Memorial Lecture, Irish Society of International Law, Dublin, 8 June 2011; “Genocide, Crimes Against Humanity and the Need for the New Convention”, International Humanitarian Law Dialogs, Chautauqua, New York, 29 August 2011; “The Eichmann Trial and its Contribution to the Law of Genocide”, Perspectives on Genocide, The Adolf Eichmann Trial – Looking Back 50 Years Later, Loyola Law School, Los Angeles, 16 September 2011; “The Death Penalty and International Legal Standards”, Guangzhou, China, 18 September 2011; “The Death Penalty and International Legal Standards”, Kunming, China, 20 September 2011; “International Developments on the Death Penalty”, National Judges College, Beijing, 28 March 2011; “Proving Genocidal Intent: Is it Really So Difficult?”, Aubrey Newman Lecture, University of Leicester, 21 September 2011; “Victors’ Justice: Selecting Targets for “Understanding Genocidal Intent”, University of Leicester, 22 September 2011; “Transitional Justice and International Law”, Autumn Bi-Annual Meeting of the Japanese Society of International Law, Kwansei Gakuin University, Osaka, 8 October 2011; “The Arab Spring and the International Criminal Court”, Canadian Council for International Law, Ottawa, 5 November 2011; “The Status of Capital Punishment”, Academic Council of the United Nations System, Vienna, 9 November 2011; “Human Rights and the Legacy of the International Criminal Tribunal for the former Yugoslavia”, Legacy Conference of the International Criminal Tribunal for the former Yugoslavia, The Hague, 15 November 2011; “Unimaginable Atrocities: The Future of International Criminal Tribunals”, University College Dublin, 18 November 2011; “The History of Crimes against Humanity”, Annual Conference of the Chambers of 9 Bedford Row, London, 19 November 2011; “The International Criminal Court and the Protection of Civilians”, Conference on International Humanitarian Law, International Committee of the Red Cross and NAM Centre for Human Rights and Cultural Diversity, Tehran, 23 November 2011; “Reforming the Death Penalty in China”, 36 Biennial Report 2010-2012 Irish Centre For Human Rights Nelson Mandela by Anne Pac China-UN Seminar on Human Rights, Hangzhou, 2 December 2011; “The Future of the International Criminal Court”, Centre for Law, Ethics and Globalisation Annual Lecture, University of Southampton School of Law, 2 February 2012; “The first decade of the International Criminal Court”, University of New South Wales, Sydney, 14 February 2012; “International Criminal Law: Only for the Winners?”, Human Rights Research and Education Centre, University of Ottawa, 29 February 2012; “The Next Utopia and the Universal Declaration of Human Rights”, McMaster University, Hamilton, 2 March 2012; “The Arab Spring”, Law Society of Ireland, Dublin, 12 March 2012; “Judicial Activism and International Humanitarian Law”, London School of Economics, 14 March 2012; Criminal Tribunal for Rwanda to the Rwandan Courts”, Catholic University of Leuven, 22 March 2012; “The ICTY and Genocide: Clarity and Confusion”, University of Virginia, Charlottesville, 26 March 2012; “Victors’ Justice”, University of Virginia, Charlottesville, 27 March 2012; “International Trends”, Death Penalty Symposium 2012, Towards Death Penalty Abolition: European Experience and Asian Perspectives, European Union, Tokyo, 18 April 2012; “The International Criminal Court and International Peace and Security”, Free University of Amsterdam, 14 May 2012; “The Distinction between International and Transnational Crimes”, International Institute of Higher Studies in Criminal Sciences, Siracusa, Italy, 21 May 2012; “The Future of the International Criminal Court”, Foreign and Commonwealth Office, London, 21 June 2012; “The Principle of Legality: Fictional Adherence or Judicial Straitjacket?”, Leiden University, Hague Institute for Global Justice, 21 March 2012; “The Advisory Opinion of the International Court of Justice on the Separation Wall”, Bethlehem University, Palestine, 9 July 2012; “Transfer of Cases from the International “The International Criminal Court at Ten”, Embassy of France, The Hague, 11 July 2012; “The Status of the Death Penalty”, Max Planck Institute for International and Comparative Criminal Law, Freiburg, 26 July 2012; “The Eichmann Trial and International Law”, University of Toronto, 10 September 2012; “Transitional Justice: Challenges and Difficulties”, European Society of Criminology Annual Meeting, Bilbao, 13 September 2012. Vinodh Jaichand – “Making the Case for a UN Special Rapporteur on Land Rights”, Irish Centre for Human Rights, Galway, 23 November 2011; “Human Rights Protection During Austerity Cuts”, Northern Ireland Council for Ethnic Minorities 13th Annual Human Rights and Equality Conference, Belfast, 1 July 2011; “Finding Common Ground”, 2nd IrishAmerican Human Rights Exchange, Galway, 17 October 2010; “Human Rights within Contemporary Ireland”, presented at the launch of Bridging the Gap organised by Galway VEC, Campus Engage and the Community Knowledge Initiative, National University of Ireland, Galway, Galway, 13 April 2011; 37 Irish Centre For Human Rights Biennial Report 2010-2012 Conference Presentations, Guest Lectures and Symposia “Racism in Economically Challenging Timesthe Galway Taxi Industry Example”, presented to the Members of the UN Committee on the Elimination of All Forms of Racial Discrimination at the Stakeholders Meeting, Geneva, 23 February 2011; “Racism in Economically Challenging Times: The Galway Taxi Report”, International Human Rights Exchange, University of the Witwatersrand, Johannesburg, 23 February 2012. Kathleen Cavanaugh – “Islam and the Democratic Project”, Gates Public Service Law Speaker Series, Co-sponsored by: UW Law School, the UW Law, Societies & Justice Program, University of Washington, Seattle, 21 October 2010; “Illiberal Secularism: Islam in the Public Sphere”, Jointly with the Centre de Recherche sur les Droits de l’Homme et le Droit Humanitaire (Universite Panetheon-Assas Paris II) and the Irish Centre for Human Rights, Centre Culturel Irlandais, Paris, France, 8 February 2011; “Militant Democracy”, jointly with the International Political Studies Assoc. & the Korean Association of International Studies, Seoul, Korea, 16-17 June 2011; “A Common Ground? International law and Islamic Legal Traditions”, Salzburg Global Forum, Salzburg Global Seminar and the International Bar Association initiative on Salzburg Austria, 14-19 November 2011; “Constructing the Other”, jointly with the Irish Centre for Human Rights, International Committee on the Red Cross and the NAM Center for Human Rights and Cultural Diversity, Tehran, Iran, 22-26 November 2011; “Policing the Public Sphere,” Law and Society 38 Association, Honolulu Hawaii, 7 June 2012; “The Politics of Law,” Johns Hopkins University and Beirut Arab University initiative on Harmonization of the Law: the Hague Conference, Unidroit and UNCITRAL, Beirut, Lebanon, 10-11 September 2012; Noam Lubell – “Cyber-war as a form of Armed Conflict”, 11th Bruges Colloquium, Conference organised by the College of Europe and the International Committee of the Red Cross Bruges, 2010; “Military Operations against Armed Groups in Foreign Territory”, Conference on Regional and Global Security, The International Security Forum, convened by the Center for Security Studies, Zurich, 2011; “Extraterritorial Human Rights Obligations (from the Flotilla to Bin-Laden)”, Guest speaker at the Public Law Forum, Hebrew University, Jerusalem 2011; “Targeted Killings under the Law of Armed Conflict and the Rules on Resort to Force”, Meeting of experts and legal practitioners at Columbia University Law School, New York, 2011; “Is the Current IHL Armed Conflict Classification Adequate?” Conference organised by the College of Europe and the International Committee of the Red Cross, Bruges, 2012; “Military Objectives in Cyber Warfare”, Conference organised by the US Naval War College, Newport, 2012; “The Contemporary Legal Nature of UN Security Council Ceasefire Resolutions”, Conference organised by the International Law Association, British Branch, Nottingham, 2012; “The Principle of Distinction on Future Battlefields”, Conference organised by the International Committee of the Red Cross and the Minerva Center for Human Rights, Hebrew University, Jerusalem, 2012. Raymond Murphy – “The UN Mapping Exercise in the DRC, where to now?” INTERPOL Workshop, Arusha, Tanzania, October 2010; “Domestic Violence and Human Rights”, Waterside House Galway and Galway Rape Crisis Centre, Public Awareness Campaign, Galway, November 2010; “The International Criminal Court and US policy”, College of Law, Qatar University, Qatar, January 2011; “International law and Extraordinary Renditions”, Shannonwatch/Amnesty International Meeting, Shannon, 18 March 2011; “When are elections free and fair?” University of Taraz, Kazakhstan, 30 March 2011; “The Defence Forces and Human Rights”, Human Rights Training and Education and Training Seminar for the Civil and Public Service, Irish Human Rights Commission, Dublin, 24 June 2011; “International Security, the UN and Peace Operations”, Foreign Policy in the Republic of Ireland Seminar, Royal Irish Academy, 30 June 2011; “The Challenges of Investigating War Crimes”, National University of Ireland, Galway Amnesty International Society, Galway, 21 November 2011. “The criminalization of IHL and HRL violations committed by peace forces: how does it work in practice?” International Biennial Report 2010-2012 Committee of the Red Cross/College of Europe, International Organisations’ Involvement in Peace Operations: Applicable Legal Framework and the Issue of Responsibility 12th Bruges Colloquium, 2021 October 2011; “Humanitarian Aid and International Humanitarian Law”, Irish Red Cross/Irish Centre for Human Rights Conference on Conference on International Humanitarian Law and Humanitarian Action, Royal Irish Academy, Dublin, 9 November 2011; “International humanitarian law and peacekeeping”, Core Professional Training on Humanitarian Law and Policy’, Barcelona, Spain, 28 March 2012; “The International Humanitarian Law Framework”, Investigation of Sexual and Gender Based Violence Workshop, International Institute of Criminal Investigators, The Hague, 30 January 2012. “R2P and the Darfur peacekeeping missions: lessons learnt?”, R2P and the Arab Spring: Which Role for the European Union?, Leuven Centre for Global Governance Studies Institute for International Law, Katholieke Universiteit Leuven, 16 and 17 April 2012. Shane Darcy – “International human rights law and the death penalty”, Promoting Judicial Discretion in the Reduction and Application of the Death Penalty, Lanzhou, China, 18 September 2010, and Xi’an, 21 September 2010; “A Social and International Order for the Realisation of Human Rights: The Promise of Article 28 of the Universal Declaration”, Forgotten Rights, Forgotten Concepts, Irish Centre for Human Rights 10th Anniversary Conference, National University of Ireland, Galway, 19-20 November 2010; “Prosecuting War Crimes: Research Challenges for the 21st Century”, Revitalising Research in Kurdistan, Erbil, Kurdistan, Iraq, 14-16 December 2010; “Truth and Reconciliation Commissions”, Building Peace in Post-Conflict Situations, British Institute of International and Comparative Law, London, 17 February 2011; “Introductory Lecture on Human Rights, International Humanitarian Law and Criminal Law”, University of Washington Summer School, Irish Centre for Human Rights, National University of Ireland, Galway, 22 August 2011; “Capital Punishment in China”, National University of Ireland, Galway Law Society, National University of Ireland, Galway, 19 October 2011; “Judicial Creativity and the Law of War Crimes”, Judicial Creativity at the International Criminal Tribunals, Research Seminar of the Netherlands School of Human Rights Research, TMC Asser Institute, The Hague, 14 November 2011; “International Criminal Justice”, Moscow Summer School on Human Rights, Peoples’ Friendship University of Russia, Moscow, 2223 June 2011. “General Principles of Criminal Law”, Summer School on the International Criminal Court, Irish Centre for Human Rights, National University of Ireland, Galway, 21 June 2012. “Judges, Law and War: The Judicial Development of International Humanitarian Law”, Research Seminar Series, School of Law, University of Queensland, 2 November 2012. Annyssa Bellal – “Towards A future Arms Trade Treaty?” IHL Roundtable, organised by the Irish Centre for Human Rights and the Irish Centre For Human Rights Irish Red Cross, Galway, May 2012; “Armed Protest and International Law”, presented for the Interest Group on Peace and Security in the context of the bi-annual Conference of the European Society of International Law, Valencia, Spain, September 2012; “Human Security, what is at stake today?” Cycle de conférences de Chêne-Bougeries, Spain, Geneva, Switzerland, September 2012. Nadia Bernaz – “Business schools, the professions and human rights: making the connections”, Edinburgh, 7 October 2010; “The International Protection against Inhuman or degrading Punishment”, Forgotten Rights - Forgotten Concepts, Irish Centre for Human Rights, Galway, 19-20 November 2010; “Responding to Vulnerability: Can State and Corporation Be Business Partners?” Vulnerability and the Corporation Workshop, Emory University School of Law, Atlanta, United States, 28-29 October 2010; “Delivering Justice in the Caribbean: a Human Rights Assessment of the Caribbean Court of Justice”, SLSA Annual Conference 2011, Sussex Law School, Brighton, 13 April 2011; “Extra-territoriality as a way to enhance corporate accountability for human rights violations committed abroad”, Ireland and the United Nations Framework for Business and Human Rights, National University of Ireland, Galway, 24 March 2012; “Sentencing and Penalties in International Criminal Law”, LLM in International Crime and Justice, United Nations Interregional Crime and Justice Research Institute (UNICRI), Turin, Italy, 18 May 2010; “International Criminal Law and Iraq”, 39 Irish Centre For Human Rights Biennial Report 2010-2012 Conference Presentations, Guest Lectures and Symposia University of Duhok, Iraq, 6 February 2012; Ireland, Galway, 2010-2011; “Business and Human Rights: the Impossible Reconciliation?” University of the West Indies, Kingston, Jamaica, 14 November 2011; “Unique in International Human Rights Law: Article 20(2) and the Right to Resist”, African Commission on Human and Peoples Rights and the Centre for Human Rights, University of Pretoria: 30 Years of the African Charter on Human and Peoples’ Rights: Looking Forward While Looking Back, Pretoria, July 2011; “The Historical Evolution of International Criminal Law”, University of Duhok, Iraq, 31 March 2011; “Sentencing” and “Corporate Crimes and the ICC Statute”, ICC Summer School, Irish Centre for Human Rights, Galway, Ireland, June 2012; “Corporate Crimes and the ICC Statute”, Summer School on Corporate Social Responsibility, European School of Law and Governance, Brdo, Slovenia, August 2012. Shannonbrooke Murphy – “The Right to Resist Reconsidered”, Irish Centre for Human Rights, National University of Ireland, Galway: Forgotten Rights, Forgotten Concepts, Galway, November 2010; Guest Lecturer, “Lobbying in the Public Interest”, MA in Public Advocacy, Huston School of Film and Digital Media, National University of Ireland, Galway, 2010-2011; Guest Lecturer, “Health and Human Rights”, BA Nursing, School of Nursing and Midwifery, National University of Ireland, Galway, 2010-2011; Guest Lecturer, “The Right to Healthcare in Ireland”, Human Rights in Health, MSc Nursing, School of Nursing and Midwifery, National University of Ireland, Galway, 20102011; Guest Lecturer, “Political Rights in International Human Rights Law”, International Law of Conflict, LLM International Human Rights Law, Irish Centre for Human Rights, National University of 40 “Codifying the Right to Resist in International Law”, European Society of International Law (ESIL), Working Group on Peace and Security: Has International Law Something to Say About Revolution? Valencia, September 2012. Yvonne McDermott - “Gender-Based Persecution under International Refugee Law and International Criminal Law: Synergies and Divergences”, Women In and At War, Aberystwyth Wales, 11 May 2012; “The End of the Cold War as a Catalyst for the Growth and Current Character of International Criminal Justice: Rhetoric or Reality?” International Political Science Association Conference: Human Rights, War and Peace after the Cold War, Seoul, South Korea, 17 June 2011; “The Rights and Wrongs of Written Witness Testimony”, Integrating a Socio-Legal Approach to Evidence in International Criminal Tribunals, University College Dublin, Dublin, 19 November 2011; “International Criminal Law as a ‘Gentle Harmoniser’ of Legal Systems”, Law and Society Annual Conference, Honolulu, Hawaii, 7 June 2012. Josh Curtis – “Legal Content of the Term ‘International Cooperation’”, 10th Anniversary Conference of the Irish Centre for Human Rights, ‘Forgotten Rights, Forgotten Concepts’, National University of Ireland, Galway, Ireland, 20 November 2010; “International Assistance and Cooperation: A Call for Conceptual Clarity”, Global Governance and Transnational Human Rights Obligations Network (GLOTHRO) Stocktaking Conference, University of Antwerp, Antwerp, Belgium, 20 May 2011; “People, Profit and Priority: International Cooperation and the Principled Regulation of Foreign Investment”, Global Governance and Transnational Human Rights Obligations Network (GLOTHRO) Executive Seminar and Doctoral School, European University Institute, Florence, Italy, 2 December 2011; “Rights as Reply to the Economics of Necessity”, Law and Boundaries Conference, Sciences Po Law School, Paris, France, 28 March 2012. Aoife Duffy – “Deciphering the Nomos of the Camp”, International Studies Association, Montreal, 16-19 March 2011; “Gardens of (In)Justice: Detention without trial in the British Empire”, Critical Legal Conference, Stockholm, 14-16 September 2012. Valentina Azarov – “Palestinian Statehood: Recent Developments”, Grotius Centre for International Studies, Leiden University, The Hague, 27 March 2012. Carla De Ycaza – “Traditional and Modern Methods of Conflict Resolution and Transitional Justice in Africa’s Great Lakes”, Conflict & Conflict Resolution in Africa: History, Myths & Realities, Montclair State University, Society of Research on African Cultures, Montclair, New Jersey, 7-9 October 2010; “Whose Memories Count and at What Cost?” Institute for African Transitional Justice, Biennial Report 2010-2012 Kitgum, Kitgum, Uganda, 20-27 November 2011; “The Impact of Global and Local Responses to Transitional Justice in Africa: Assessing Key Actors, Institutions and Processes”, International Relations and Foreign Policy, New York State Political Science Association, Wagner College, Staten Island, New York, 2021 April 2012; “International Criminal Law and Transitional Justice in Africa”, Human Rights in the Aftermath Symposium, Human Rights Initiative, University of California, Davis, California, 8 March 2012; “Human Rights, Justice and the Humanities, Global Perspectives on Justice”, Security and Human Rights, Tenth Biennial International Conference, John Jay College of Criminal Justice, New York, 6-9 June 2012; “Survival, Sustainable Humanitarian Relief and Development in East Africa”, Lecture Series on Human Rights & Social Justice, Women in Islam, New York, 15 February 2012; “Violence, Memory, and Human Rights”, Humanities Institute, University of South Florida, Tampa, Florida, 30 January – 1 February 2012; “Truth, Justice & Memory in Africa’s Great Lakes: Assessing the Impact of Transitional Justice Mechanisms on Reconciliation Processes in the Region”, Memory & Movement After Mass Violence and Genocide, Eastern Sociological Society, New York, 23-26 February 2012. Natalya Pestova – “Freedom of Information Act in Ireland: history, key features and practice of realization”, 3rd International Conference State and Society: Challenges of Interaction, Vyatka State University of Humanities, Russia, January 2012; “Pushing Law Boundaries: Exploring Application of the International Human Rights Law at the Level of Local Authorities”, Conference Beyond the Law: Critical Reflections on International Human Rights Law and Policy, Griffith College, Cork, Ireland, June 7 2012. Heping Dang – “Capital Punishment and Public Opinion”, International Symposium: ‘Completing the task: towards the universal abolition of the death penalty’, organised by the Academic Council on the United Nations System and the Criminal Court of Vienna, 2011; “Capital Punishment and Public Opinion”, 2nd Irish-American Human Rights Exchange, organised by the University of Notre Dame Centre for Civil and Human Rights and Irish Centre for Human Rights, presented on Capital Punishment and Public Opinion, Galway, 2010. Sheila, Narrainen – “The gender perspective and the right of boys”, Multidisciplinary Conference, Children and War: Past and Present, University of Salzburg, Austria, 30 September – 2 October 2010. Brian Farrell – “Human Rights Under International Law”, International Law in the Practice of Law in the United States, Iowa State Bar Association, Des Moines, Iowa, September 29, 2010. Irish Centre For Human Rights Impact of the National Academy of Sciences Report, Univ. of Iowa College of Law and Innocence Project of Iowa, Iowa City, 29 October 2010; “Poverty Law and Related Work as a Career Path”, Equal Justice Summit, St. Ambrose University, Davenport Iowa, 8 April 2011; “Innocence Projects and International Human Rights Law”, Equal Justice Summit, St. Ambrose University, Davenport, Iowa, 8 April 2011; “An Introduction to International Human Rights”, Hubbard Law School Preparation Program, University of Iowa, Iowa City, Iowa, 14 June 2011; “Electronic Recording of Interrogations in Iowa”, Public Defenders Criminal Law Seminar, Public Defenders Association of Iowa, Des Moines, Iowa, 15 June 2011; “The NAS Report and Forensic Science in Iowa”, Iowa Judges Conference, Des Moines, Iowa, 16 June 2011; “Access to Justice”, Summer Seminar, Iowa State Bar Association, Dubuque, Iowa, 16 July 2011; “No More ‘Reasonable Degree of Scientific Certainty?”: The Impact of the NAS Forensic Science Report’, IAJ Criminal Law Seminar, Iowa Association for Justice, Iowa City, Iowa, 16 September 2011. “The State of Forensic Science”, From Crime Scene to Courtroom and Beyond: An Introduction to DNA and Other Testing of Biological Evidence, Nebraska Bar Association and Nebraska Innocence Project, Omaha, Nebraska, 20 October 2010; “Overview of the NAS Report on Forensic Science in the U.S.,” Forensic Science in Iowa: 41 Irish Centre For Human Rights Biennial BiennialReport Report2010-2012 2010-2012 Conferences The Centre was proud to host a wide variety of world-class conferences over the past two years. We express our sincere thanks to our partners in each of these conferences, and look forward to further collaborations in the years ahead. IRELAND AND THE UN FRAMEWORK FOR BUSINESS AND HUMAN RIGHTS On March 24th 2012 a one-day conference was held at the National University of Ireland, Galway. Organised by the Irish Centre for Human Rights and the School of Law, National University of Ireland, Galway, the conference explored issues of law and policy pertinent to Ireland arising from the 2011 adoption by the United Nations of Professor John Ruggie’s framework for business and human rights. The framework emphasises a State’s duty to protect human rights, a corporate responsibility to respect human rights and the need to provide remedies to respond to violations of human rights by business. The conference looked beyond the voluntary corporate social responsibility approach to business and human rights; as Maurice Manning, President of the Irish Human Rights Commission has observed, “voluntarism can never be a substitute for global standards on businesses’ mandatory compliance with human rights”. Contributions addressed legal questions which arise in relation to the UN framework 42 on business and human rights. Ireland represents an obvious case study in this context, given the presence of numerous multinational corporations, increasing privatisation of public services and allegations of corporate involvement in human rights violations both in and outside of Ireland. The conference was attended by over 80 delegates, and papers were delivered by legal academics and practitioners from the US, the UK, Ireland, Belgium and Italy. Among them were: Professor Anita Ramasastry (University of Washington); Dr. Nadia Bernaz (Middlesex University, London); Dr. Tony Royle (National University of Ireland, Galway); Mr. Nicholas McGeehan (European University Institute, Florence); Mr. Alan Brady (Trinity College, Dublin); and Dr. Corrine Lewis (Lex Justi Law Firm, Brussels). Special thanks go to Ms. Hadeel Abu-Hussein for organising the event, which was coordinated by Dr. Shane Darcy and Dr. Ciara Hackett. A SYMPOSIUM ON IRELAND AND THE UN CONVENTION ON THE RIGHTS OF THE CHILD Organised and hosted by the Children’s Rights Working Group of the Irish Centre for Human Rights, this symposium was held on May 14th 2012 at the National University of Ireland, Galway. The UN Convention on the Rights of the Child is the most widely ratified human rights treaty. Nevertheless, children worldwide continue to suffer violations of their rights without recourse to an effective remedy. On 19 December 2011, the UN General Assembly approved a third optional protocol to the Convention on an individual communications procedure. Ireland has not yet ratified the third optional protocol. The symposium was designed to consider the relevance of the protocol and opportunities for Ireland to lead in the ratification process. A diverse range of speakers included: Dr. Maria Herczog (UN Committee on the Rights of the Child); Geoffrey Shannon (Special Rapporteur to the Irish Government on Child Protection); Veronica Yates (Director, Child Rights International Network); Tanya Ward (Chief Executive, Children’s Rights Alliance); Colm O’Gorman (Executive Director, Amnesty International Ireland); Dr. Aoife Daly (Lecturer, Irish Centre for Human Rights and the Human Rights Centre, University of Essex); and Carmen Madrinan (Former Executive Director, End Child Prostitution, Child Pornography and the Trafficking of Children [ECPAT]). The day was completed by the issuance of an outcome document in the form of a call to the Irish government to ratify the protocol and give meaningful protection to the children in its jurisdiction, signed by all those present. Biennial Report 2010-2012 Irish Centre For Human Rights An international tripartite video-conference between the National University of Ireland, Galway, Queen’s University Belfast, and the University of Essex, in honour of the life and work of Professor Kevin Boyle. PROFESSOR KEVIN BOYLE Colony by John Reynolds INTERNATIONAL HUMANITARIAN LAW AND HUMANITARIAN ACTION On 9 November 2011, Irish Society of International Law, the Irish Red Cross and the Irish Centre for Human Rights hosted an event entitled “International Humanitarian Law and Humanitarian Action” at the Royal Irish Academy, Dublin. Humanitarian personnel are increasingly facing risk of death, injury or kidnapping in the course of their work in situations of armed conflict. In particular, there is increasing evidence of violence against health-care personnel as well as medical facilities and transport and all this at a time when there is a growing number and diversity of actors engaged in humanitarian action. Never before has it been more important for humanitarian personnel, and those responsible for their safety, to understand the legal protections afforded to them in situations of armed conflict. International Humanitarian Law (IHL) or the law of armed conflict, a part of public international law, is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in hostilities including specifically the sick, wounded, shipwrecked, prisoners and civilians not taking direct part in the hostilities as well as medical and religious personnel, civil defence staff and humanitarian workers. The conference raised a broader understanding of the relevance of International Humanitarian Law to humanitarian personnel and the significant work they undertake. Chaired by journalist and broadcaster Karen Coleman, approximately 80 participants with a particular interest in the protection of humanitarian action heard from the following experts: Mr. Len Blazeby, Legal Advisor, International Committee of the Red Cross; Professor Ray Murphy, Irish Centre for Human Rights, School of Law, National University of Ireland, Galway; Lt. Colonel Jerry Lane, Legal Advisor, Irish Defence Forces. On June 11, 2011 an international videoconference was held in honour of Kevin Boyle who passed away on 25 December 2010 at the age of 67. Professor Boyle is widely regarded as one of Ireland’s greatest human rights lawyers. Professor Boyle was active with important international nongovernmental organisations such as Article 19, of which he was the founding director. He served as a special advisor to Mary Robinson when she was UN High Commissioner for Human Rights. He appeared frequently before the European Court of Human Rights, winning important cases that dealt with a broad range of issues, including freedom of expression, discrimination on the basis of sexual orientation, and torture. He was also a committed academic and in the words of one of the speakers at the event: “he left a trail of institutions behind him.” His life as an activist, lawyer and academic centred around three different universities. Professor Boyle began his career at Queen’s University, Belfast. He moved to the National University of Ireland, Galway in the 1970s and the last two decades of his life were spent at the University of Essex, where he directed its human rights centre. The conference was jointly organized by these three universities where Kevin Boyle spent his career. It sought to give proper tribute to his work and focused on the wider themes in human rights with which he was most engaged. Several panellists who worked with and were inspired by Professor Boyle spoke at the event, including: Tony Fisher, Professor Tom Hadden, Dr. Corinne Lennox, Dr. Walter Kirwan, Marie McGonagle, and Darren Dinsmore. 43 Irish Centre For Human Rights 44 Biennial Report 2010-2012 Biennial Report 2010-2012 Irish Centre For Human Rights Lecture Series, Special Events and Lunchtime Seminars The Irish Centre for Human Rights has a strong tradition of attracting many of the luminaries in the field to Galway, to inform students, staff and the general public about topics of particular interest. The lunchtime seminars and guest lectures contribute greatly to learning both at the Centre and in the larger public sphere, and have often sparked intense debate. Over the last two years some of the speakers and their topics have included the following: The Irish Centre for Human Rights has a strong tradition of attracting many of the luminaries in the field to Galway, to inform students, staff and the general public about topics of particular interest. The lunchtime seminars and guest lectures contribute greatly to learning both at the Centre and in the larger public sphere, and have often sparked intense debate. Over the last two years some of the speakers and their topics have included the following: On 19th October 2011 Siobhan Cummiskey attorney at law (New York) spoke about “Equal Rights Litigation and Travellers”. On 24th October 2011 Fiona de Londras spoke about “Privatised Sovereign Performance, Counter-Terrorism and Endangered Rights”. On 1st November 2011 Edel Hughes, a Lecturer at the University of East London, spoke about “Identity and Dissent: Understanding the Kurdish Conflict in Turkey”. On 7th November 2011 Guilia Pinzauti, assistant legal officer at the Special Tribunal for Lebanon (Appeals Chamber/Office of the President), spoke about “The Crime of Terrorism in International Law”. On 22nd November 2011 Vinodh Jaichand gave a farewell lecture: “Making the Case for a UN Special Rapporteur on the Right to Land”. On 28th November 2011 Fanny De Weck, PhD Candidate and a visiting research student from Switzerland, spoke on “Protection against refoulement under the European Convention on Human Rights and the United Nations Convention against Torture: A comparison of the individual complaints procedures”. On 7th December 2011 James Kofi Annan founder of the organization, Challenging Heights spoke about his experience: “Sold as a child slave in Ghana at age six”. James Kofi Annan aged 13 escaped from Volta Lake, where he worked for seven years and managed to educate himself by borrowing books from local school children in his village in Ghana and eventually secured a job at Barclay’s Bank of Ghana. Today he campaigns to end child slavery in Ghana but faces daily threats to his life from those who make money by exploiting children. On 2nd February 2012 the famous photographer, Nick Danziger, gave a talk entitled: “War, Lives & Videotape”. 45 Irish Centre For Human Rights Biennial Report 2010-2012 Lecture Series, Special Events and Lunchtime Seminars Dr. Tariq Mukhimer, a Bank of Ireland Visiting Scholar, gave a series of lectures over the second semester: “The Palestinian Question: In Search of State”. The course was devoted to the issues related to Israeli-Palestinian conflict and the Palestinian search for a state since the beginning of the 20th century to date. On 21st February 2012 Daragh Murray, LLM graduate and a doctoral candidate, considered: “The Principle and Practice of Universal Jurisdiction: Lessons Learned from PCHR’s Experience”. On 29 February 2012 Peter Fitzmaurice, a doctoral candidate and a fellow at the ICHR, examined: “The Right to Non-refoulement from Conflict”. On 6th March 2012 Tom O’Sullivan, a graduate of the LLM in Human Rights and a solicitor in Galway Law Centre, Legal Aid Board, contributed: “A personal account of the challenges of working for the UNHCR in South Sudan”. On 14th March 2012 Dr. Michelle Farrell spoke on “Bare life, Precarious Life and the Possibility of Human Rights”. This seminar analysed the concept of the “inalienability” of human rights from the perspectives of Arendt’s notion of the “right to have rights”, Agamben’s identification of all life as potentially “bare” and Butler’s reflections on the other as “precarious” life. 46 On 23rd March 2012 Dr. Basma Abdelrahman, a psychiatrist with the El Nadeem Centre for the Management & Rehabilitation of Victims of Torture in Cairo, spoke about: “A Tortured Nation Breaks its Chains”. On 4th April 2012 Mark Mullin, a caseworker with the Refugee Legal Service in Galway since 2006, discussed: “Representing Refugees in Galway - the work of the Refugee Legal Service”. On 23rd April 2012 Valentina Azarov a PhD candidate at the Irish Centre for Human Rights and a Lecturer of international law and human rights, at Al-Quds Bard College, Al-Quds University, Palestine argued for: “Re-formalising the Notion of Statehood in International Law: Palestinian Statehood and the Composites of International Legal Personality”. On 19th April 2012 Deirdre Duffy, a barrister, gave us an insight into Ireland and the Universal Periodic Review process: “So far so good: Ireland’s Engagement with the Universal Periodic Review (UPR)”. Biennial Report 2010-2012 Irish Centre For Human Rights Projects at the Irish Centre for Human Rights EU China Human Rights Network The EU-China Human Rights Network project, funded under the European Initiative for Human Rights and Democracy, has issued a grant of €1,500,000 to the Irish Centre for Human Rights to spearhead the organisation of the EU-China Human Rights Seminar process over a four year period from 20092013. Since 1998, the EU-China Human Rights Seminars have brought together Chinese and European academics, non-governmental organisations and government officials on a regular basis to analyse human rights practices and developments in both regions. The 21st EU-China Human Rights Seminar concluded on 7 September 2011 in Beijing. The seminar, the fourth led by the Irish Centre for Human Rights under the current contract, created a space for two days of debate on the topics such as Drug Policy and Human Rights, and Technology and Human Rights. A group of more than 50 European and Chinese human rights experts and civil society organizations participated in the event. In the group on drug policy and human rights, consensus was reached on many issues including the necessity to apply existing law and judicial processes to reduce the number of people sentenced to death for drug offences and to progress towards the abolition of the death penalty for drug crimes. In the context of detention in compulsory drug treatment centres, it was agreed that due process falls short of international standards on the right to freedom from arbitrary detention and needs to be improved. In the group on Human Rights and Technology it was agreed that new technologies can play a significant role in realising the right of citizens to be involved in environmental decision making. The group used specific examples relating to China and Europe to highlight both the dangers and opportunities presented by the development of new technologies. In order to ensure wider access to international scholarship on the issues discussed at the seminar, following the conclusion of the event, a series of guestlectures for participating European scholars was organised at Chinese universities in Beijing as well as in the city of Nanning, Guangxi Province. In addition to leading the seminar process, the Irish Centre for Human Rights is also called upon by the External Action Service of the European Union to regularly provide targeted research on issues raised within the context of the official EU-China Human Rights Dialogue. As a result, four research papers on various topics have been submitted since June 2011. International Human Rights and Drug Policy Although it had already been in operation for one year, the International Centre on Human Rights and Drug Policy had its official launch at the Irish Centre for Human Rights on the 18th of November 2010. The Centre on Human Rights and Drug Policy is closely affiliated with the Irish Centre for Human Rights, having been founded by one current and one past student. Rick Lines is an alumnus of the LLM programme at the Centre and is currently one of its doctoral candidates. His long standing work in the field of drug policy and its human rights consequences has led him to take up the position of Executive Director of the International Harm Reduction Association (IHRA), based in London, and he also recently co-founded the Centre on Human Rights and Drug Policy. His co-founder is Damon Barrett who graduated from the LLM programme in the same year as Rick. Since 2007 Damon has established himself as one of the leading authorities in the small but expanding field of drug policy and international human rights law. The organisation is guided by an international advisory committee, which includes Professor Manfred Nowak and Professor Paul Hunt. The Centre is dedicated to developing and promoting innovative and high quality legal and human rights scholarship on issues related to drug laws, policy and enforcement. 47 Irish Centre For Human Rights Biennial Report 2010-2012 Projects at the Irish Centre for Human Rights Scholars at Risk The Scholars at Risk (SAR) Network is an international network of higher education institutions which work to defend the human rights of scholars around the world. Nine Irish universities are members of the network. Irish membership is coordinated by Universities Ireland, the “umbrella” body which promotes cooperation and collaboration among universities in Northern Ireland and the Republic of Ireland. National University of Ireland, Galway is one of the participating members of the Scholars at Risk Network. The Network is dedicated to raising awareness, understanding of, and respect for the principles of academic freedom and its constituent freedoms of expression, opinion, thought, association and travel. One of its core activities is organising temporary academic positions at participating institutions for scholars whose lives and careers are threatened in their home countries. In the last thirteen years, Scholars at Risk has received thousands of requests for assistance from individuals in over 100 countries, and has assisted more than 150 scholars, including arranging visits to institutions in more than 18 countries. In conjunction with the Scholars at Risk project, the Irish Centre for Human Rights provides a studentship ranging 48 between three months and one year, to students who are considered by the Scholars at Risk programme to be at risk. The Centre has hosted four such scholars from Iran, Iraq, the Democratic Republic of the Congo and Ethiopia. It was the first institution in Europe to host a scholar at risk and it is currently the Chair of the Irish branch of the network. The previous post under the Bank of Ireland Fellowship at the Irish Centre for Human Rights has been merged with the SAR programme, so that currently the Bank of Ireland funding goes to supporting a scholar at risk. The current Bank of Ireland Fellow/SAR is Dr. Semahagn Gashu. Biennial Report 2010-2012 Rohingya trip 2009 Irish Centre For Human Rights 49 Irish Centre For Human Rights Biennial Report 2010-2012 Advocacy and Other Professional Activities During 2012 Dr. Kathleen Cavanaugh was a Visiting Lecturer at the University of Notre Dame, Faculty of Law, South Bend, Indiana, USA. Gave a lecture on “Human Rights and War Crimes”, National University of Ireland, Galway Human Rights Society, 21 November 2011; Professor Ray Murphy gave a number of seminars and taught on various workshops: Gave a lecture on “Teaching Humanitarian Law”, Irish Red Cross, Dublin, 29 September 2011; “Investigation of Sexual and Gender Based Violence”, Workshop, International Institute of Criminal Investigators, The Hague, 30 January 2012; Delivered several lectures in the United Nations Training School and the Command and Staff School, Military College, Defence Forces Training Centre, Curragh, Co. Kildare; Taught international humanitarian law and international criminal law in The Hague as part of the 16th and 17th International Investigators Course, held by the Institute for International Criminal Investigations, the Hague, October 2011 and May 2012; Was a guest speaker at the International Criminal Court Summer Course, Irish Centre for Human Rights, National University of Ireland, Galway, June 2012; Was a trainer in international humanitarian law, international criminal law and human rights in Madeira, Portugal as part of the 4th Certification Workshop hosted by Justice Rapid Response Course, 10 – 13 September 2011; 50 Visiting Professor, Riga Graduate School of Law, Riga, Latvia, December 2011; Made an expert presentation at the New England School of Law Summer School, Irish Centre for Human Rights, National University of Ireland, Galway, June/July 2012; Was a trainer in international humanitarian law, international criminal law and human rights as part of the 4th Rapid Response Course at the Jakarta Center for Law Enforcement Cooperation, Semarang, Indonesia, February 2012; Speaker at the Humanitarian Law and Policy, Professionals in Humanitarian Assistance and Protection/Program on Humanitarian Policy and Conflict Research Harvard University, Barcelona, Spain, 28 March 2012; Delivered training in international humanitarian law, international criminal law and human rights as part of the Justice Rapid Response Certification Workshop, Istanbul, Turkey July 2012. Biennial Report 2010-2012 Irish Centre For Human Rights Acknowledgements The Irish Centre for Human Rights would like to thank the following organisations for their support over the past two years: Bank of Ireland European Commission Galway University Foundation Irish Aid, Irish Department of Foreign Affairs Open Society Initiative 51 Irish Centre for Human Rights National University of Ireland, Galway Telephone:+35391 493948; Fax:+353 494575 Email: humanrights@nuigalway.ie Website: www.nuigalway.ie/human_rights/ Boy in Gaza by Andrea Breslin