IRISH CENTRE FOR HUMAN RIGHTS Promoting human rights through teaching, research and advocacy Activity Report 2008-2009 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights Contents Message from the Director About the Irish Centre for Human Rights Structure and Personnel Programmes Research and Publications Conferences Lecture Series, Special Events and Lunchtime Seminars Projects at the Irish Centre for Human Rights Advocacy and Other Professional Activities Forthcoming Conferences 2 4 6 8 14 21 26 29 34 39 41 3 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights Message from the Director It is my pleasure to introduce the 2008-2009 Activity Report for the Irish Centre for Human Rights, National University of Ireland, Galway. There have been important new developments at the Irish Centre for Human Rights since I introduced the last Activity Report, two years back. Most notably, we have commenced three new academic programmes over the past two years. The B.A. Connect (Human Rights) programme gives engaged young undergraduates the opportunity to learn the fundaments of human rights, combined with a work placement in their third year, which allows students to experience the reality of a career in the field of human rights. It is the only undergraduate course of its kind in Ireland, as until now human rights qualifications have only been offered at Masters or PhD level. The programme is offered within the College of Arts, Social Sciences, and Celtic Studies. It is a transdisciplinary programme which allows students to combine specialist study in human rights law and theory with subjects in the humanities and social sciences. In September 2008, we launched the LL.M. programme in International Criminal Law. This rapidly changing area of law is now at the forefront of the development of international human rights law, making it both exciting and challenging to study. LL.M. students are given the unique benefit of esteemed visiting lecturers, judges, and other professionals from the field. They also participate in an annual class trip to The Hague where they visit some of the main institutions, such as the International Criminal Court and the International Criminal Tribunal for the former Yugoslavia. 4 A second new Masters in Law programme commenced in September 2009, in Economic, Social and Cultural Rights. This LL.M. examines the historical development and recognition of economic, social and cultural rights, and gives students the opportunity to appraise the implementation and enforcement of these rights. There are a wide range of electives to choose from, including the Right to Development, Children’s Rights, the Right to Food, and How to Argue with an Economist. Nine Ph.D. students successfully defended their theses over the past two years. They are now engaged in professional work, most of it in an academic environment as lecturers at universities in various parts of the world, including Japan, the Netherlands, the United States, the United Kingdom and, of course, Ireland. The Irish Centre for Human Rights is proud to serve as Chair of Scholars at Risk Ireland. We are indebted to the Bank of Ireland Fellowships Scheme which has facilitated us in hosting two Scholars at Risk to date, from Iran and the Democratic Republic of the Congo. The popularity of our now-internationally renowned summer schools continues to grow and grow. The calibre of our guest lecturers at these schools is unrivalled and, according to the participants’ feedback, the week-long summer school experience is an engaging, informative and exciting one for all concerned, where they can make invaluable connections with other professionals in the field. As well as the excellence of its teaching, the Irish Centre for Human Rights prides itself on the scope and quality of its academic research and publications. Since 2004, staff members at the Centre have produced no less than 27 monographs and almost 200 articles, as well as frequently featuring in distinguished panels on contemporary human rights issues. We are also pleased to be at the forefront of an exciting new project, the Oxford Reports on International Criminal Law case reports series. In addition, members of the Centre have been active in a range of human rights activities, for international organisations such as the Office of the High Commissioner for Human Rights, the Organisation for Security and Cooperation in Europe and the Council of Europe, and NGOs such as Amnesty International, Al Haq, the International Committee of the Red Cross, Handicap International, the Office of Public Counsel for the Defence for the International Criminal Court, SOS Torture and FrontLine The Centre regularly hosts major international conferences and expert meetings, often in partnership with other universities and international organisations, on themes such as the right to scientific progress (November 2008, with UNESCO and the University of Amsterdam), forensic medicine and Professor William A. Schabas, Director, Irish Centre for Human Rights human rights (April 2009, with University of Dundee), abolition of capital punishment (December 2007, with Université de Paris II and the Irish Cultural Centre), abortion and human rights (November 2009, with Irish Family Planning Association). An annual academic exchange takes place with the Centre of Civil and Human Rights of Notre Dame University. Lastly, we are exceptionally proud of a number of projects which Irish Centre for Human Rights staff and students are involved with- these include the current EU-China project, the fact-finding Mission to Burma which was undertaken in early 2009 and the ongoing project on Ireland’s participation in human rights law and institutions. Further information on these projects, and on more of the Centre’s activities, can be found in the following pages of this Report. I hope you find it interesting. William A. Schabas Director 5 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights About the Irish Centre for Human Rights The Irish Centre for Human Rights is one of the world’s premier university-based institutions for the study and promotion of human rights and humanitarian law. Since its establishment in January 2000, the Centre has developed a global reputation for excellence in the field of human rights teaching, research and advocacy, which has enabled the institution to attract high quality students to its acclaimed masters programmes and to build a thriving community of doctoral researchers. The Irish Centre for Human Rights is located in a detached two-storey building on Earl’s Island, facing the Galway Cathedral, and in between the bridges lining the town of Galway with the University campus. The building was constructed in 1820 as the Galway Fever Hospital. It was purchased by the University early in the 20th century and was used for many years as a sports facility. The building was entirely renovated in 1999 to a very high standard. It now consists of twelve individual offices, a seminar room, a study centre, a copy room, and a dedicated workroom for the Centre’s doctoral fellows. 6 7 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Structure and Personnel The Irish Centre for Human Rights has a staff of six full-time lecturers, six adjunct lecturers, plus a number of both full-time and part-time research and administrative support personnel. The Centre also draws other members from the Faculty of Law to assist in both its teaching and activities. Several members of the University’s Law Faculty have established themselves internationally in human rights with lectures, publications and other research activities in such fields as: humanitarian intervention, international humanitarian law, refugee law, rights of the disabled, and freedom of expression. Structure and Personnel ACADEMIC STAFF Professor William A. Schabas is Director of the Irish Centre for Human Rights at the National University of Ireland, Galway, where he also holds the chair in human rights law. He is also a Global Legal Scholar at the University of Warwick’s School of Law. 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, published in the 2008-2009 period, War Crimes and Human Rights: Essays on the Death Penalty, Justice and Accountability, (London: Cameron May Publishers, 2008), Genocide in International Law (Cambridge: Cambridge University Press, 2nd ed., 2009) and The Rome Statute of the International Criminal Court: A Commentary, (Oxford: Oxford University Press (forthcoming)). During this period, his book an Introduction to the International Criminal Court, (3rd. ed., Cambridge: Cambridge University Press, 2007) was produced in the Turkish and Nepali languages and his monograph The Abolition of the Death Penalty in International Law was published in Chinese. Prof. Schabas has also published more than 250 articles in academic journals, principally in the field of international human rights law and international criminal law. Professor Schabas is editor-in-chief of Criminal Law Forum, the quarterly journal of the International Society for the Reform of Criminal Law. In 2009, he was elected President of the International Association of Genocide Scholars. He is also the President of the Irish Branch of the International 8 Irish Centre For Human Rights Law Association, Chair of the International Institute for Criminal Investigation and a member of the board of the International Institute for Human Rights (Strasbourg). Dr. Vinodh Jaichand Dr. Vinodh Jaichand, a national of South Africa is the Deputy Director of the Centre. He was formerly associate professor and dean of the Faculty of Law at University of Durban-Westville. In the years prior to joining the Centre, he served as national executive director of a major South African non-governmental organization, Lawyers for Human Rights for more than five years. He completed his doctoral degree and a LL M degree (magna cum laude) at Notre Dame Law School at the Centre for Civil and Human Rights and his primary law degree at the University of Natal. He has been involved in the training of police, lawyers, prosecutors, and judges in China, South Africa, Slovenia, Slovakia, Hungary, Ireland, Nepal and India. Apart from English he is published in Chinese, German, Portuguese and Spanish in numerous journals around the world. He has presented papers in more than twenty countries. He has served on the Standards Generating Body on Legal Education and Training of the South African Qualifications Authority; as in Independent Assessor by the Council on Higher Education: Department of Education and as the Ministerial Representative on the Council of Technikon Pretoria. He holds membership in the Editorial Review Board of Human Rights & Human Welfare, in the Advisory Board of the SurInternational Journal on Human Rights, in the International Advisory Board of Diakonia, Jerusalem. He was the first Chairman of the Board of Integrating Ireland. He has taught in the Mediterranean Masters on Human Rights and Democratisation and acted as an examiner in the European Masters in Human Rights and Democratisation. He has been the architect of the LL M in Economic, Social and Cultural Rights which was launched in September 2009. Dr. Ray Murphy is a Senior Lecturer in Law at the Irish Centre for Human Rights. He completed his B.A. in Political Science and Legal Science in 1979, and then took a Bachelor in Law (LL.B.) degree in 1981. He studied at Kings Inns in Dublin where he completed a B.L. degree and was called to the Irish bar in 1984. He completed a Masters degree in International Law (M.Litt.) at Dublin University (Trinity College ) in 1991. In 2001 he completed his Ph.D. in International Law at the University of Nottingham in England. In addition to his position at the Irish Centre for Human Rights, Dr. Murphy is on the faculty of the Pearson Peacekeeping Centre, the International Institute for Criminal Investigations and the International Institute of Humanitarian Law at San Remo, Italy . He also lectures on international humanitarian law for the International Committee of the Red Cross. Dr Murphy was awarded a Fulbright Fellowship in 2006 and worked with Human Rights Watch in New York as a resident Dr. Ray Murphy scholar. In 2007 he was awarded the NUI 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). He is a former Captain in the Irish Defence Forces and he 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 Galway University. He was Chairperson of the Broadcasting Complaints Commission from 1997 to 2000. He has field experience with the OSCE in Bosnia in 1996 and 1997. He has also worked on short assignments in west and southern Africa and the Middle East for Amnesty International, the European Union and the Irish Government. Dr. Noam Lubell is a Lecturer at the Irish Centre for Human Rights. Before joining the Centre, he was the Co-Director 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 9 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Structure and Personnel Irish Centre For Human Rights Structure and Personnel ADJUNCT LECTURERS University, Jerusalem. In the years prior to that, he was based at the University of Essex in the UK, where he was a Senior Researcher at the Human Rights Centre, and co-authored a handbook on the medical investigation and documentation of torture. He completed his Ph.D. and LL.M. at the University of Essex Law Department. He also holds a B.A. in Philosophy. He has taught courses on international human rights law and the laws of armed conflict in a number of academic institutions, including Essex University, Oxford University, and as a Visiting Professor at Case Western Reserve University School of Law. Dr. Lubell is currently teaching introduction to human rights law; international humanitarian law; and counterterrorism & human rights. He is the Director of the Centre’s LL.M. programme. During the last ten years Dr. Lubell has worked for various organisations including human rights NGOs dealing with the Israeli/ Palestinian conflict, as 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, various government bodies, and the BBC. He is a member of the Executive Committee of Amnesty International (Ireland). He has taught, researched and published articles on a variety of topics in the fields of international human rights law and international humanitarian law. Dr. Shane Darcy is a Lecturer in International Human Rights Law at the Irish Centre for Human Rights. He holds a B.A. in Law and Accounting from the University of Limerick (2001), and LL.M (2002) and Ph.D (2005) degrees from the National University of Ireland, Galway. Prior to joining the academic staff of the Centre, he was a lecturer at the 10 Professor Joshua Castellino was appointed Professor of Law & Head of Law Department, Middlesex University, UK in September 2007. From 20002006, Prof Castellino was a member of the teaching faculty at the Irish Centre for Human Rights. He played a major role in the development of the Irish Centre for Human Rights and is currently an Adjunct member of faculty. Professor Castellino is the driving force behind the Centre’s acclaimed annual Minority Rights Summer School. Prof. William Schabas presents Dr. Shane Darcy with a John Kable QC Memorial Young Lawyer Award, in recognition of outstanding contributions to the goals and objectives of the International Society for the Reform of Criminal Law University of Ulster, a Government of Ireland Scholar and a Doctoral Fellow at the Irish Centre for Human Rights. 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. Shane is Director of the Ph.D Programme at the Centre. Teaching and research interests are in the fields of international humanitarian law, international criminal law, human rights and transitional justice. Shane is currently teaching Public International Law, Business and Human Rights, Transitional Justice and Procedure before International Criminal Courts. He is engaged in research projects exploring the judicial development of international criminal law and humanitarian law. Shane has participated in training, workshops and research projects in Iran, South Africa, India, Cambodia, South Africa and the Occupied Palestinian Territories. He is an Associate Editor of the Criminal Law Forum journal. Dr. Kathleen Cavanaugh is currently a Lecturer of International Law in the Faculty of Law, Irish Centre for Human Rights (ICHR), National University of Ireland, Galway. She holds a B.A. in Political Science from the University of Connecticut, USA, LL.M (Distinction) from the Queen’s University of Belfast, Northern Ireland (1998), and PhD in Comparative Politics from the London School of Economics & Political Science (1997). She has held several Visiting Lectureships including: Visiting Research Fellow, Minerva Centre for Human Rights, Hebrew University, Israel (2001), and Visiting Lecturer, Department of International Relations, Boston University, Massachusetts, USA (Summer 1998) and, most recently, was awarded a Fellowship at the Centre for SocioLegal Studies, University of Oxford (2006-7). From 2004-2006, she served as Graduate Studies Director, and, since 2002, has been the director of the internship programme. Dr. Kathleen Cavanaugh political violence, applicable human rights laws in entrenched/states of emergency and the laws of belligerent occupation (IHL). Here current research project Violence and the Liberal State investigates the repressiondissent nexus. With regard to community service and activities outside the University, she is currently Chair of the Executive Committee of Amnesty International (Ireland) and 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 more recently, to Iraq (where she focussed on the conduct of the occupying powers with relation to detention and security). She has conducted trainings for governmental as well as non-governmental organisations throughout the Middle East (Yemen, Jordan, Egypt, Morocco, Syria, Israel/Occupied Territories, Lebanon, and Sudan), India, and the Republic of Ireland. Michael D. Higgins, TD, Adjunct Professor at the Irish Centre for Human Rights Michael D. Higgins, T.D., was appointed Adjunct Professor affiliated to the Irish Centre for Human Rights in 2006. Deputy Higgins, a well-known and frequent visitor to the Centre and a graduate of NUI Galway, is Labour Party President and Spokesperson for Foreign Affairs, and is a current sitting deputy for Galway West. Deputy Higgins is renowned for his consistent campaigning on human rights issues. His dedication to the promotion of human rights was recognised internationally in 1992 when he became the first recipient of the Sean McBride Peace Prize. Dr. Iognáid (Iggy) Ó Muircheartaigh, was President of NUI Galway from August 2000 until March 2008. As Adjunct Professor in Human Rights, he continues to undertake research in his field of Statistics, with applications in Human Rights, Economics, and Medicine. Dr. Elvira Domínguez Redondo is an Adjunct Lecturer of the Irish Centre for Human Rights and a Senior Lecturer in Law at Middlesex University, London. Dr. Terry O’Neill is a former Colonel in the Irish Defence Forces. He co-teaches the course in International Peace Support Operations with Dr Ray Murphy. Her publications and current research agenda, academic interests and specialisation includes: the study of nationalism, ethnic conflict, 11 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights Structure and Personnel VISITING LECTURERS Professor Anita Ramasastry is a faculty member at the University of Washington Law School in Seattle, Washington, USA. She is a recipient of a Fulbright Award, which 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. Prof. Ramasastry’s research examines 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. Aoife Daly lectures on the International Law on Children’s Rights for the LL.M. in International Human Rights Law course at the Irish Centre for Human Rights. Aoife is a PhD Candidate at the School of Law at Trinity College Dublin. Her thesis is entitled ‘State Implementation of Children’s International Legal Right to be heard in Proceedings that affect them’. She previously taught international law at Dublin City University and also holds the position of Vice Chair of the Executive Committee of Amnesty International, Irish Section. Peter Fitzmaurice lectures on Refugee Law for the LL.M. in International Human Rights Law course at the Irish Centre for Human Rights. From 2004-2007, Mr. Fitzmaurice was Project Manager at the Centre, where he was responsible for a portfolio of projects that tackle particular human rights issues, including the Refugee and Asylum Support Unit and the Ireland-China Academic Exchange. Peter is currently pursuing a 12 PROJECT STAFF Doctoral Degree in Human Rights Law at the Irish Centre for Human Rights. Dr. Sawsan Mohammad was awarded a Bank of Ireland fellowship at the Irish Centre for Human Rights in 2008. Her academic interests are concentrated on issues of Democracy, American Strategy towards the Middle East, International relations, Human Rights, Iraqi Woman. Her forthcoming book is entitled The Rights of Iraqi Woman: between the American Strategy of Creative Chaos and the Internal Struggles. In this book she discusses the overall effects of the Occupation on Iraqi Woman (socially, politically and economically) and what resistance their will offered against this occupation. Dr. Mohammad holds a B.A. in Political Science from the University of Baghdad (1997), an M.Sc. in International Relations, University of Baghdad (2001) and a Ph.D. in Strategic Studies, Political Science, from the University of Baghdad (2005) and was awarded a Post of Doctoral Fellowship in Anthropological Studies by the University of London (London School of Economic and Political science) LSE, in 2007. She worked as a Researcher and lecturer at Centre for International Studies and also lectured at the College of the Political Science, Uni. of Baghdad. She was appointed consultant for the Human Rights Department, at the Iraqi Centre for Strategic Studies (Amman). She was visiting lecturer in ICFPS, International Centre for the future of Political and Strategic Studies (Cairo). Between April and September 2008 she was awarded Senior Fellowship at LSE (Uni. Of London) and she was also a Visiting Fellow at Centre for Gender Studies & Cultures at the School of Oriental and African Studies (SOAS), University of London (2008). She is a founding member of the International Committee for Solidarity with Iraqi Academics (Qatar). Nancie Prud’homme is project manager for the EU-China Human Rights Network at the Irish Centre for Human Rights, National University of Ireland, Galway. Prior to this she was senior project officer and researcher on the human rights situation of the Rohingyas of Western Burma/Myanmar. She is also a doctoral candidate at the Irish Centre for Human Rights researching the interplay between human rights and humanitarian law. In 2006-2007, Nancie was a visiting Research Associate at Minerva Center for Human Rights in Jerusalem. She has been a doctoral fellow at the Irish Centre for Human Rights for 3 years. Nancie has been a facilitator and lectured for the Pearson International Peacekeeping Centre in Bulgaria and Canada. She is a lawyer, member of the Quebec Bar. As part of her legal training she worked at the International Criminal Tribunal for Former Yugoslavia in the Office of the Prosecutor for 6 months. 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 5 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. 13 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Programmes LL.M. PROGRAMMES From 2008, the Faculty of Arts has offered seven new denominated B.A. degree programmes, each offering students a different specialism: Human Rights, Film Studies, Childhood Studies, Irish Studies, Women’s Studies, Theatre and Performance, Creative Writing. The Irish Centre for Human Rights offers LL.M. programmes in International Human Rights Law, International Criminal Law, International Peace Support Operations and, since September 2009, Economic, Social and Cultural Rights. It is also proud to run a Cross-Border Programme in Human Rights Law (LL.M.) and Human Rights and Criminal Justice (MSSc/LL.M.), in conjunction with Queens University, Belfast. In addition, the Centre participates in the European Masters in Human Rights and Democratisation, an EU initiative, and the University of Malta’s Master of Arts in Human Rights and Democratisation Programme. Students come from all over the world, adding a rich cultural diversity to the Centre and facilitating a sharing of experiences and perspectives. The B.A. with Human Rights, now in its second year, is open to a small number of students who have dedicated contact with an expert programme director who mentors students’ progress, organises oncampus seminars and facilitates off-campus learning opportunities. Students have distinctive opportunities to engage with society and community; to work with others who share their particular commitments; and to achieve a high level of confidence in oral and written communication. During their third year, students will combine periods within the university with learning opportunities outside the university. These opportunities may include: projectbased work, educational placement in the community, portfolio preparation, a period of study abroad at an international university, service learning, or placement within NonGovernmental Organisations. Third year students will also work closely with NUI Galway’s Community Knowledge Initiative (CKI), International Affairs Office, and Careers Service. 14 Programmes UNDERGRADUATE PROGRAMME These new programmes require four years of study and offer students, in addition to their core subject choices, carefully structured opportunities to engage with a specialism of their choice. The programmes respond to individual student interests and create a small-group identity around those interests. Students engage in intensive writing exercises, active learning, and task-based projects. All examination is by continuous assessment. Irish Centre For Human Rights surrounding areas and arrived back to the hotel carried on the air of personal tales and stories that were shared for the first time by members of the class. Irish Centre for Human Rights students on the steps of the Peace Palace, home of the International Court of Justice in The Hague Annual Class Trip to The Hague: A Personal Account Pauline Farrelly, 2nd year B.A. Connect (Human Rights) student On the morning of Tuesday, 12 May 2009 the flustered faces of the BA Connect class emerged from the bustling Dublin Airport crowds and huddled at the departure gate eager for our visit to the judicial capital of the United Nations, The Hague. After a smooth trip we arrived at the Best Western Hotel Petit, situated in the fashionable Embassy neighbourhood between The Hague city centre and Scheveningen. We found our bearings and made our way out for dinner; a group unified in the search for world peace but on this occasion a nice meal and a glass of wine. On our return to the hotel the first learning curve of our trip was identified. As we passed the quaint Dutch houses it was noted by class members that human rights professionals may reside there. The introduction of The Hague was an example of a working environment where our studies may one day be put into practice. Being immersed in the neighbourhood evoked the thoughts of one day living and working in such a scene. As we explored the social element of the local area our anticipation to see the professional side of this world grew. After talk of global conflicts over Corn Flakes, we arrived at 10.30am the following morning to the International Criminal Court (ICC). There we met the LLM group and passed through security into the colossal concrete building of the court. We were briefed on the Lubanga trial, which had just begun that very week. The experience of being metres from the live deliberations in Courtroom 1 breathed life into the countless cases that we had read for our course literature throughout the year. That evening we rejoined the LLMs for dinner and passed the remainder of the evening exploring the On Thursday the 14th, we rose with the effect of the previous night’s discussions lingering in our vocal cords but these were quickly cleared with the anticipation and talk of our visit to the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Court of Justice (ICJ). We received talks from defense counsel, a member of the Prosecution team at the ICTY. This offered us an insight into the working of the courts. As we took a break and sat in the fresh summer sun outside the court, the interest seemed to revolve around the talk from the defence lawyer on the Perišić case. When he first entered the room there were questions in the minds of the BA connect class about how anyone could defend the violators of rights. However, after his brief opening lines our minds were exposed and expanded to a real life example of the nature of absolute rights. Our trip was pleasantly ended with a tour of The Peace Palace and a talk with Judge Kenneth Keith. This fine establishment stood to us as the epitome of international law and truly embodied our various inspirations. The collection of nation’s contributions to the architecture and décor illustrated to our class the intense level of global involvement in this entire organisation. The gratitude dawned on us, not only for the opportunity to visit The Hague but to be involved, no matter how small a part, in the fine infrastructure that supported what we had experienced for the previous three days. The Masters of Law in International Human Rights is the Irish Centre for Human Rights flagship postgraduate programme which has been running since September 2000. 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 & child rights, refugees and asylum seekers and international humanitarian law. The course emphasises the communication, 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 multi-disciplinary. The Masters of Law in International Peace Support Operations was launched in 2002 and draws upon the resources of the LL.M. in International Human Rights Law, but adds specialised courses on peacekeepingrelated matters. The course work begins with a general introduction to international peacekeeping and peace support operations, and continues with a series of specialized 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. The Masters of Law in International Criminal Law was launched at the Irish Centre for Human Rights in September 2008. Its aim is to provide students with an advanced understanding of the history and institutional structures of the various international criminal tribunals and the International Criminal Court. The programme equips students with an in-depth knowledge of the principles of international criminal law and its component crimes and procedural issues, while also allowing them to develop a critical approach to the alternatives in international criminal justice, such as truth commissions. It is delivered by a range of experts unrivalled in the field. 15 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Programmes Programmes LL.M. Students participate in Jessop Moot Court Competition The Masters of Law in Economic, Social and Cultural Rights is run by Dr. Vinodh Jaichand and is currently in its first year of operation. It aims to build specific and general skills with respect to the modern regime of human rights protection, and knowledge of the philosophies and theories that underpin them. The course provides students with the requisites enabling them to contribute to the advancement of human rights globally, both in their individual capacities and in association with institutions that have such a focus. The programme draws upon the resources of the LL.M. in International Human Rights, with the addition of specialised courses such as Right to Development, Right to Food and How to Argue with an Economist. 16 Irish Centre For Human Rights The Cross Border LL.M. in Human Rights Law and the LL.M./MSSc in Human Rights and Criminal Justice are offered in conjunction with Queens University, Belfast. Students spend the first semester in Belfast and the second semester in Galway. Over the summer months, they write a dissertation under the supervision of a faculty member in one or other of the two institutions. Two scholarships to the value of €20,000 each are available to students participating in one of the Cross-Border Programmes, or to students coming from Northern Ireland to the Republic of Ireland intending to undertake an LL.M. course in the Irish Centre for Human Rights. INTER-UNIVERSITY MASTERS PROGRAMMES INTERNSHIPS PROGRAMME The Irish Centre for Human Rights is one of 39 universities participating in the European Masters Degree in Human Rights and Democratisation (E.MA), coordinated by the European Inter-University Centre for Human Rights (EIUC) in Venice, Italy. The E.MA Programme, sponsored by the European Commission, is divided into two semesters. During the first semester, students are taught by European and international academic experts and professionals at EIUC in Venice. During the second semester, students study at one of the participating universities, where they also finalise their Masters thesis. The ICHR hosts and supervises around five students each year during their second semester of the E.MA Programme. The internship programme allows students to engage with human rights organisations as well as law firms affiliated with locally-based human rights groups. The underpinning of this project is twofold: 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 pressing human rights issues. The results of research undertaken by students have served as the basis for reports for NGOs and also the basis for dissertations. In addition, the Centre is one of 19 partners of the Mediterranean Masters in Human Rights and Democratisation, an inter-disciplinary programme co-ordinated by the Faculty of Law, University of Malta. The structure of this programme is similar to the E.MA Programme. The first semester is held at the University of Malta and the second semester, devoted to individual research, is undertaken at one of the participating institutions/universities, one of which is the Irish Centre for Human Rights. Students have availed of internships with a variety of organisations 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 (ICTY) in The Netherlands; Association des droits de l’homme et l’univers carceral (ADHUC) in the Congo; the Court of Bosnia and Herzegovinia, War Crimes Section in Sarajevo; Informal Sector Service Centre (INSEC) in Nepal, and Public Interest Lawyers in Birmingham (working on the Baha Mousa Inquiry). DOCTORAL PROGRAMMES Doctoral Students of the Irish Centre for Human Rights socialise (L-r): Katrina Mansson, Sean Goggin, Kjell Anderson, Niamh Hayes The Irish Centre for Human Rights is at the forefront of doctoral research on international human rights law in Europe. candidates to deliver lunchtime seminars on their specific topics and to gain valuable teaching experience both on an off campus. 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. A thriving research community exists at the Centre with around 50 doctoral candidates enrolled on the programme. 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. For the benefit of doctoral candidates, the Centre organises a week-long doctoral seminar which features a distinguished panel of visiting academics in the field of human rights. During the seminar, candidates are invited to present and defend the findings of their research. Participation in the activities of the Irish Centre for Human Rights, including attendance at lectures and seminars delivered by visitors to the Centre, is encouraged. Doctoral candidates are invited to audit seminars that are offered by the Centre as part of the post-graduate teaching programmes and to contribute to research projects carried out at the Centre. In addition, opportunities exist for doctoral Throughout the academic year, doctoral candidates also meet with the Centre’s director on a monthly basis to discuss recent developments and case-law of mutual interest as part of their regular study programme. Over the years, the achievements of the Centre’s doctoral graduates have paid great tribute to quality of the Ph.D. programme. Most of our graduates have taken up permanent teaching positions at prestigious institutions and the vast majority have published, or are in the course of publishing, their doctoral theses. A small number are also working at a high level for various inter-governmental and non-governmental organisations. Dr. Shane Darcy is Director of the Ph.D Programme at the Centre. 17 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Programmes Programmes RECENT GRADUATES SCHOLARS AT RISK PROGRAMME Dr. Hitomi Takemura graduated with a PhD in June 2008. The title of her Ph.D. thesis is: “International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders”. Currently she is Assistant Professor of International Law at Kyushu International University (Fukuoka, Japan). Aimee Griffin LL.M. and Sarah Breslin LL.M., Class of 2008 Dr. Carlo Tiribelli was one of six students to receive a doctorate degree from the Irish Centre for Human Rights in 2008. The title of his thesis was ‘Surrender, Not Extradition: Transferring Offenders in a New International Context’, and Dr. Tiribelli currently works as a lawyer in Brussels. Dr. Katarina Månsson graduated in April 2008. Her thesis, entitled “A Communicative Act: Integration of Human Rights in UN Peace Operations. Dialogues from Kosovo and Congo”, was based on field research in Kosovo, the Democratic Republic of the Congo and at UN Headquarters. Dr. Månsson is presently Human Rights Officer with the UN Office of the High Commissioner for Human Rights in Kampala, Uganda. Dr. Noelle Higgins, who is now a lecturer in Dublin City University, also graduated in 2008 with her thesis, “Regulating the Use of Force in Wars of National Liberation, the Need for a New Regime: A Study of the South Moluccas and Aceh”. Dr. Roja Fazaeli successfully defended her thesis, entitled “The Fifth Generation of Islamic Feminists: Rights, Interpretations and Activisms” in June 2008. Dr. Fazaeli currently lectures in Islamic Studies in Trinity College, Dublin. Dr. Seán Goggin graduated in December 2008. His thesis explored the protection of cultural diversity in international law. Dr. Jeroen Temperman graduated in February 2009. His PhD thesis was entitled “State-Religion Relationships and Human Rights Law: Towards a Right to Religiously Neutral Governance”. He is currently a lecturer in human rights and public international law at the University of Amsterdam. Dr. Chris McDermott also graduated in 2009. His thesis was entitled ‘Trafficking in Women and Children for the Purpose of Sexual Exploitation in Europe’. Dr. McDermott currently lectures in Athlone Institute of Technology. Dr. Edel Hughes graduated with her thesis on EU accession and human rights in 2009. Her book Turkey’s Accession to the European Union: The Politics of Exclusion? is scheduled for publication with Routledge-Cavendish in August 2010. 18 Irish Centre For Human Rights Dr. Shirin Ebadi The Irish Centre for Human Rights, NUI Galway, is currently the Chair of Scholars at Risk, Ireland. The Scholars at Risk (SAR) Network is an international network of higher education institutions working 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 co-operation and collaboration among universities in Northern Ireland and the Republic of Ireland. NUI, Galway is one of the participating members of the Scholars at Risk Network. The launch of the SAR network in Ireland was marked by 2003 Nobel Peace Prize winner, Dr. Shirin Ebadi, who provided an inaugural lecture at Trinity College, Dublin in September 2009. SUMMER SCHOOLS Scholars at Risk 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. Among its core activities, Scholars at Risk arranges temporary academic positions at institutions participating in the network for scholars whose lives and careers are threatened in their home countries. In the last seven years, Scholars at Risk has received over1000 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 Scholar at Risk project, the Irish Centre for Human Rights provides a studentship of between 3 months and one year to a scholar working in a related field who is considered by the Scholar at Risk programme to be at risk. The time period is dependent on the visitor’s proposal to the Centre and the funding s/he has to live in Ireland. Currently, the ICHR is hosting a Scholar at Risk from the Democratic Republic of Congo. The hosting of both our current and our previous Scholar at Risk, Dr Sawsan Mohammed was made possible through the generous funding of the Bank of Ireland. Each year, the Irish Centre for Human Rights offers two highly acclaimed summer school programmes on the International Criminal Court and on Minority Rights. The week-long summer school programmes offer participants a unique chance to immerse themselves in two increasingly important areas of international criminal law and international human rights law, and to benefit from the knowledge of an unrivalled panel of experts. Each of the intensive programmes also includes a variety of social activities that allow participants to network with each other and the panel in a relaxed and friendly environment, ensuring the programmes are instructive and enjoyable. In June 2009, the ICHR summer schools ran consecutively, commencing with the Minority Rights, Indigenous Peoples and Human Rights Law summer school from 14-19 June, followed by the International Criminal Court summer school from 20-25 June. The annual Minority Rights Summer School focuses on the rights of minorities and indigenous peoples. The aim of the course is to provide participants with an overview of the legal, political and philosophical issues pertaining to international human rights law and its relationship to minority rights and the rights of indigenous peoples. During the course participants seek to understand, assimilate and critically evaluate legal arguments with respect to the international minority rights regime and how it pertains to minorities and indigenous peoples. In addition they are encouraged to analyse the underlying philosophical basis within the discourse and to become familiar with current debates and cases with a special focus on issues such as the right to land, affirmative action policies, and effective political participation and restitution. Faculty in the 2008 and 2009 Summer Schools included Irish Centre for Human Rights staff and adjunct professors, Prof. Joshua Castellino, Dr. Kathleen Cavanaugh and Dr. Elvira Dominguez Redondo, and graduates Dr. Kamran Hashemi, Dr. Michael Kearney and Dr. Jeremie Gilbert. They were joined by Prof. Michael O’Flaherty, University of Nottingham, who was the first Irish member of the UN Human Rights Committee; United Nations Human Rights Council Independent Expert on Extreme Poverty, Dr. Magdalena Sepulveda; Dr. Benjamin White, University of Edinburgh and Princeton University, Dr Alexandra Xanthaki, Brunel University and Joshua Cooper, University of Hawaii. The International Criminal Court Summer School offered by the Irish Centre for Human Rights is widely acknowledged to be the premier programme of its kind. During the five days of intensive lectures, delivered by leading specialists in the field, students are provided with a detailed knowledge of the establishment of the Court, its applicable law, its structures and its operations. Lectures also speak to related issues in international criminal law, including universal jurisdiction and immunities. Faculty in the 2008 and 2009 Summer Schools included Irish Centre for Human Rights staff Prof. William Schabas and Dr. Ray Murphy who were joined by International Criminal Court Judges Nesereko and Prost and President Song; Prof. David Scheffer of Northwestern University School of Law in Chicago; Prof. Diane Marie Amann, UC Davis School of Law; Dr. Fabricio Guariglia. Office of the Prosecutor, International Criminal Court; Daryl A. Mundis, Office of the Prosecutor, International Criminal Tribunal for the former Yugoslavia, and Mr. Guénaël Mettraux, Defence Counsel, ICTY. 19 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 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 2008 - 2009 period. BOOKS & MONOGRAPHS EDITED VOLUMES • Bernaz, Nadia, Le droit international et la peine de mort, Documentation Française, 2008 • Darcy, Shane and Powderly, Joe (eds.), Judicial Creativity at the International Criminal Tribunals [forthcoming 2010, Oxford University Press] • Cavanaugh, Kathleen, Minority Rights in the Middle East, Oxford University Press, (forthcoming, exp. 2009) (with Joshua Castellino) • Lubell, Noam, Extraterritorial Force Against Non-State Actors, Oxford University Press (forthcoming, 2009) • Mohammed, Sawsan, New American Military Thinking and the International Stability (Beirut, April 2008) • Schabas, William A., War Crimes and Human Rights: Essays on the Death Penalty, Justice and Accountability, Cameron May Publishers, 2008 • Schabas, William A., Genocide in International Law, 2nd ed., Cambridge University Press, 2009. • Schabas, William A., The Rome Statute of the International Criminal Court: A Commentary, Oxford University Press (forthcoming, 2009). • Jaichand, Vinodh, 60 Years of the Universal Declaration of Human Rights in Europe, Intersentia Publishers, 2008 (with Markku Suksi) • Murphy, Ray, Edited Special Edition United Nations Peace Operations and Human Rights, Taylor and Francis/Routledge, 2008 (with Katrina Mansson) ARTICLES, CHAPTERS AND REPORTS • Cavanaugh, Kathleen, ‘Irlanda del Norte: Reconsideracion de un Metaconflicto’ [Northern Ireland: A Metaconflict Revisted] in Memorias del Seminario de Terrorismo y Derechos Humanos, Universidad Iberoamericana. Mexico. (2008). • Daly, Aoife, ‘The Implementation of the Convention on the Rights of the Child into Irish Law’, in Paulo de Stefani (ed), 1989-2009: 20 Years of the Convention on the Rights of the Child in the EU Countries, EU Inter-University Centre for Human Rights and Discrimination: Florence (2009) (with Roisín Fegan) • Daly, Aoife, ‘Considered or Merely Heard? The Views of Young Children in Hague Convention Cases in Ireland’, 12(1) Irish Journal of Family Law 16 (2009) • Daly, Aoife, ‘Children’s recovery after early adversity: Lessons from intercountry adoption’, 14 Child Care in Practice (2008), 75-82 (with Sheila Greene, Ruth Kelly, Liz Nixon, Zosia Borska & Greg Kelly) • 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, T.M.C. Asser Press [forthcoming 2010]. • Darcy, Shane, ‘Prosecuting the War Crime of Collective Punishment; Time to amend the Rome Statute?’, 8(1) Journal of International Criminal Justice, (2010) [forthcoming]. • Darcy, Shane, ‘Business and Development: A two-way street? Corporations, Human Rights and the Accountability challenge’, Trócaire Development Review (2009), 21-35. 20 21 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Research and Publications • Darcy, Shane, ‘Imputed Criminal Liability and the Goals of International Justice’, 20(2) Leiden Journal of International Law (2007) 377-404. • Darcy, Shane, ‘Human Rights Protection during the ‘War on Terror’; Two Steps Back, One Step Forward’, 16(2) Minnesota Journal of International Law (2007) 353-370. • Donlon, Fidelma, ‘Justice: From the International Criminal Tribunal for the Former Yugoslavia to the War Crimes Chamber of Bosnia’ in Dina Haynes (ed), Deconstructing the Reconstruction of Bosnia (Ashgate Publishing, 2008). • Donlon, Fidelma, Combating Serious Crimes in Post Conflict Societies – A handbook for Policymakers and Practitioners, Colette Rausch (ed), (United States Institute of Peace Press, 2006). ( Joint contributor) • Duffy, Aoife, ‘Indigenous Peoples’ Land Rights: Developing a Sui Generis Approach to Ownership and Restitution’, 15(4) International Journal on Minority and Group Rights (2008) • Duffy, Aoife, ‘Expulsion to Face Torture? Non-refoulement in International Law’, 20(3) International Journal of Refugee Law (2008) • Duffy, Aoife, ‘A Truth Commission for Northern Ireland’, International Journal of Transitional Justice (2009, forthcoming). • Gannon, Declan, Israel’s Gross Violations of International Law in the Occupied Syrian Golan, (Majdal Shams: Al-Marsad, 2008) (with Ray Murphy) • Jaichand, Vinodh, ‘The Right to Water, Privatised Water and Access to Justice: Tackling United Kingdom Water Companies’ Practices in Developing Countries’, 23 South African Journal on Human (2007) (with Damon Barrett) 22 • Lubell, Noam, ‘Still Waiting for the Goods to Arrive: The Delivery of Human Rights to the Israeli-Palestinian Conflict’ Book Chapter in Hampson, Gilbert, Sandoval (eds.) The Delivery of Human Rights (Forthcoming, Routledge Press) • McDermott, Yvonne, ‘Victims and International Law: Remedies in the Courtroom?’ 8 Hague Justice Journal (2009) • McDermott, Yvonne, ‘Some are more equal than others: Victim Participation in the International Criminal Court’ 5(1) Eyes on the ICC (2008-2009) • Murphy, Ray, ‘Whither UN Peacekeeping in Lebanon ‘, Irish Yearbook of International Law 2007, Hart Publishers, (2009), pp. 31-46. • Murphy, Ray, ‘Lessons from Kosovo: The Use of Force by UN Mandated Forces, Defence Forces Review 2008, 2008, pp. 81-95. • Murphy, Ray, ‘An Assessment of UN Efforts to address Sexual Misconduct of UN Personnel’, Peace Operations and Human Rights, Taylor and Francis/Routledge, 2008, pp. 75-90. • Murphy, Ray, ‘Perspectives on Peace Operations and Human Rights’, Peace Operations and Human Rights, Taylor and Francis/Routledge, 2008, pp. 1-6 (with Katrina Mansson) • Murphy, Ray, ‘UN Peacekeeping in Lebanon: A Case Study’, 2008 International Relations and Security Network, Center for Security Studies (CSS), Swiss Federal Institute of Technology (ETH Zurich), July 2008, 15 pp. • Murphy, Ray, ‘The European Union and Developments in Crisis Management Operations and Peacekeeping’, Connections – The Quarterly Journal, Vol. VIII (1), December 2008, pp.58-91. Irish Centre For Human Rights Research and Publications • Reynolds, John, Occupation, Colonialism, Apartheid? A Re-assessment of Israel’s Practices in the Occupied Palestinian Territories under International Law (Cape Town: HSRC, May 2009) • Rhea, Harry, ‘The United States and International Criminal Tribunals: An Historical Analysis’, ILSA Journal of International and Comparative Law 16, no. 1 (2009) • Rhea, Harry, ‘An International Criminal Tribunal for Iraq after the First Gulf War: What Should Have Been’, International Criminal Justice Review 19, no. 3 (2009) • Rhea, Harry, ‘The Nuremberg Effect on Contemporary International Criminal Justice’, Criminal Justice Studies 21, no. 4 (2008) • Rhea, Harry, ‘War Crimes’, in V. N. Parrillo (ed.) Encyclopedia of Social Problems, (Thousand Oaks, CA: Sage Publications, 2008) • Schabas, William A., ‘The Crime of Torture and the International Criminal Tribunals’, in Andrea Bianchi, ed., Non-State Actors and International Law, Farnham, UK: Ashgate (2009) • Schabas, William A., ‘« Die verabscheuungswürdige Geissel » :Völkermord, 60 Jahre Danach’, in Gerd Hankel, ed., Die Macht und das Recht, Beiträge zum Völkerrecht und Völkerstrafrecht am Beginn des 21. Jahrhunderts, Hamburg: Hamburger Edition, 2008, pp. 189-228. • Schabas, William A., ‘Prosecuting Genocide’, in Dan Stone, ed., The Historiography of Genocide, London; Palgrave MacMillan, 2008, pp. 253-270. • Schabas, William A., ‘The International Criminal Court and Treaty Bodies as Quasijudicial Organs’, in Alice Marangopoulos, ed., Droits de l’homme et politique anticriminelle, Athens: Sakkoulas and Brussels: Bruylant, 2008, pp. 205-230. • Schabas, William A., ‘Crimes Against Humanity: The State Plan or Policy Element’, in Leila Nadya Sadat & Michael P. Scharf, eds., The Theory and Practice of International Criminal law, Leiden: Martinus Nijhoff Publishers, 2008, pp. 347-364. • Schabas, William A., ‘Complicity Before the International Criminal Tribunals and Jurisdiction over Iraq’, in Phil Shiner and Andrew Williams, eds., The Iraq War and International Law, Oxford: Hart, 2008, pp. 145-160. • Schabas, William A., ‘Complementarity in Practice: Creative Solutions or a Trap for the Court?’, in Mauro Politi and Federica Gioia, eds., The International Criminal Court and National Jurisdictions, Aldershot, UK: Ashgate Publishing, 2008, pp. 25-48. • Schabas, William A., ‘Bosnia and Herzegovina v. Serbia and Montenegro’. in R. Woflrum, ed., The Max Planck Encyclopedia of Public International Law, Oxford: Oxford University Press, 2008, online edition [www.mpepil.com]. • Schabas, William A., ‘Article 6’, in Otto Triffterer, ed., Commentary on the Rome Statute of the International Criminal Court, Observers’ Notes, Article by Article, 2nd ed., Munich: C.H. Beck, Hart Publishing, Nomos Verlagsgesellschaft mbH, 2008, pp. 143-158, • Schabas, William A., ‘International Sentencing: From Leipzig (1923) ro Arusha (1996)’, in M. Cherif Bassiouni, ed.., International Criminal Law, 3rd ed., Vol. III, Leiden: Martinus Nijhoff, 2008, pp. 613-634. • Schabas, William A., ‘Article 12’, in ibid., pp. 547-562 (with Sharon Williams); Article 13, in ibid., pp. 563-574 (with Sharon Williams); ‘Article 17’, in ibid., pp. 605-626; ‘Article 23’, in ibid., pp. 731-734; ‘Article 29’, in ibid., pp. 845-848; ‘Article 61’, in ibid. (with Kuniji Shaibahara); ‘Article 63’, in ibid., pp. 1191-1198; ‘Article 66’, in ibid., pp. 1233-1246; ‘Article 67’, in ibid., pp. 12471274; ‘Article 76’, in ibid., pp. 1413-1418; ‘Article 108’, in ibid., pp. 1671-1676; ‘Article 109’, in ibid., pp. 1677-1682.. • Schabas, William A., ‘Genocide’, in R. Woflrum, ed., The Max Planck Encyclopedia of Public International Law, Oxford: Oxford University Press, 2008, online edition [www.mpepil.com]. • Schabas, William A., ‘La place de la coutume dans les travaux des Commissions Vérité, Justice et Réconciliation: le cas de la Sierra Leone’, in Paul Tavernier and JeanMarie Henckaerts, eds., Droit international humanitaire coutumier: enjeux et défis contemporains, Brussels : Bruylant, 2008, pp. 149-160. • Schabas, William A., ‘The United Nations and Abolition of the Death Penalty’, in Jon Yorke, ed.., Against the Death Penalty, Farnham, UK: Ashgate, 2008, pp. 9-42. • Schabas, William A., ‘Application of the Convention on the Prevention and Punishment of the Crime of Genocide Case (Bosnia v. Herzegovina v. Serbia and Montenegro)’, in R. Woflrum, ed., The Max Planck Encyclopedia of Public International Law, Oxford: Oxford University Press, 2008, online edition [www.mpepil.com]. • Schabas, William A., ‘Developments Relating to Minorities in the Law on Genocide’, in Kristin Henrard and Robert Dunbar, eds., Synergies in Minority Protection, European and International Law Perspectives, Cambridge: Cambridge University Press, 2008, pp. 189-212. • Schabas, William A., ‘Prosecutorial Discretion and Gravity’, in Carsten Stahn and Göran Sluiter, eds., The Emerging Practice of the International Criminal Court, Leiden: Brill, 2009, pp. 229-246. • Schabas, William A., ‘International Crimes’, in David Armstrong, ed., Routledge Handbook of International Law, London & New York: Routledge, 2009, pp. 268-280. • Schabas, William A., ‘The Abolition of Capital Punishment from an International Law Perspective’, in Vijay N. Ghormade, ed., Death Sentence, A Struggle for Abolition, Essays in Honour of Padma Bhushan Dr. L.H. Hiranandani, Pune, India: Hyderabad Sind National Collegiate Board and Hind Law House, 2008, pp. 79-104. • Schabas, William A., ‘Genocide Law in a Time of Transition: Recent Developments’, in Felipe Gomez Isa and Koen de Feyter, eds., International Human Rights Law in a Global Context, Bilbao: University of Deusto, 2009, pp. 319-350. • Schabas, William A., ‘Post-Genocide Justice in Rwanda: A Spectrum of Options’, in Phil Clark and Zachary D. Kaufman, eds., After Genocide, Transitional Justice, PostConflict Reconstruction and Reconciliation in Rwanda and Beyond, London: Hurst, 2008, pp. 207-228. • Schabas, William A., ‘Truth Commissions, Accountability and the International Criminal Court’, in Willem J.M. van Genugten, Michael P. Scharf and Sasha E. Radin, eds., Criminal Jurisdiction 100 Years After the 1907 Hague Peace Conference, The Hague, TMC Asser Press, 2009, pp. 126-137. • Schabas, William A., ‘Death Penalty’, in Antonio Cassese, ed., The Oxford Companion to International Criminal Justice, Oxford: Oxford University Press, 2009, p. 291; ‘Enforcement of Sentences’, in ibid., pp. 310-311; ‘ICC (Structure and Financing’, in ibid., pp. 350-352; ‘Penalties’, in ibid., pp. 452 453. • Schabas, William A., ‘Canada’s Contribution to International Law’, in Robert Bothwell and Jean Daudelin, eds., 100 Years of Canadian Foreign Policy, Montreal and Kingston: McGill-Queen’s University Press, 2009, pp. 142-158. 23 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights Research and Publications • Schabas, William A., ‘International Human Rights and the Canadian Charter’, (2009) 45 Supreme Court Law Review 297-322. • Schabas, William A., ‘In Absentia Proceedings before International Criminal Courts’, in Göran Sluiter & Sergey Vasiliev, International Criminal Procedure: Towards a Coherent Body of Law, London: Cameron May, 2009, pp. 335-380. • Schabas, William A., ‘The Special Tribunal for Lebanon: Is a ‘Tribunal of an International Character’ Equivalent to an ‘International Criminal Court’?, (2008) 21 Leiden Journal of International Law 513-528. • Schabas, William A., ‘Crimes Against Humanity’, in Samuel Totten & Paul R. Bartrop, The Genocide Studies Reader, New York & London: Routledge, 2009, pp. 78- 86. • Schabas, William A., ‘International Law, the United States of America and Capital Punishment’, (2008) 31 Suffoilk Transnational Law Review 377-418. • Schabas, William A., ‘The European Union and the Death Penalty’, in Wolfgang Benedek et al., European Yearbook on Human Rights, 09, Antwerp/Berlin/ Vienna/Graz/Zurich, European Academic Press, 2009, pp. 133-146. • Schabas, William A., ‘International Criminal Tribunals: A Review of 2007’, (2008) 6 Northwestern Journal of International Human Rights 382-414. • Schabas, William A., International Tribunals’, in Catarine Krause and Martin Scheinin, International Protection of Human Rights: A Textbook, Turki/Abo: Abo Akademi University Institute for Human Rights, 2009, pp. 637-663. • Schabas, William A., ‘Customary Law or ‘Judge-Made’ Law: Judicial Creativity at the UN Criminal Tribunals’, in José Doria, Hans-Peter Gasser and M. Cherif Bassiouni, eds., The Legal Regime of the International Criminal Court, Essays in Honour of Professor Igor Blishchenko, Leiden/Boston: Martinus Nijhoff, 2009, pp. 77-101. • Schabas, William A., ‘Origins of the Genocide Convention: From Nuremberg to Paris’, (2008) 40 Case Western Reserve Journal of International Law 35-55 • Schabas, William A., ‘Should active recruitment of health workers from sub-Saharan Africa be viewed as a crime?’, (2008) 371 The Lancet 687-690 (with Edward J. Mills, Jimmy Volmink, Roderick Walker, Nathan Ford, Elly Katabira, Aranka Anema, Michel Joffres, Pedro Cahn & Julio Montaner). 24 • Schabas, William A., ‘Complementarity in Practice’: Some Uncomplimentary Thoughts’, (2008) 19 Criminal Law Forum 5-33. • Schabas, William A., ‘State Policy as an Element of International Crimes’, (2008) 98 Journal of Criminal Law & Criminology 953-982. • Schabas, William A., ‘Prosecutorial Discretion vs. Judicial Activism at the International Criminal Court’, (2008) 6 Journal of International Criminal Justice 731-761. • Tobin, Brendan, ‘Setting Protection of TK to Rights – Placing Human Rights and Customary Law at the Heart of TK Governance’, in E. C. Kamau & G. Winter (Eds.) Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing, Earthscan, UK and USA 2009 • Tobin, Brendan, ‘The Role of Customary Law and Practice in the Protection of Traditional Knowledge Related to Biological Diversity’, in C. Antons (Ed.) Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region, Kluwer Law Internatiional, the Netherlands, 2009 • Tobin, Brendan, ‘Certificates of Origin Come of Age: The role of Certification in International ABS and TK Governance’, Anuario Andino de Derechos Intelectuales, Año IV, N.° 4. Palestra, Lima, 2008 • Tobin Brendan, ‘Monitoring Compliance under an International ABS Regime: The role of an International Certificate Scheme’, Asian Biotechnology and Development Review, Vol. 10, No.3, July, RIS, New Delhi, 2008 • Schabas, William A., ‘Legal Aspects of the Lubanga Case’, (2008) 19 Crimiinal Law Forum 431- 434 (with Carsten Stahn) • Schabas, William A., ‘‘O Brave New World.’ The Role of the Prosecutor of the International Criminal Court’, (2008) 83(4) Die Friedens-Warte 11-31. • Smith, Tara, ‘The Work of the International Criminal Court in 2008’ German Yearbook of International Law (2008) (with Clemens Muller) • Timmerman, Wibke, ‘Counteracting Hate Speech as a Way of Preventing Genocidal Violence’, (2008) 3 Genocide Studies and Prevention 353. 25 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights 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. (l-r) Prof. Sue Black, University of Dundee, State Pathologist Dr. Marie Cassidy and Ms. Éadaoin O'Brien, Irish Centre for Human Rights at the conference on Human Rights and Forensic Science, April 2009 CONFERENCE ON THE RESPONSIBILITY TO PROTECT EXPERT MEETING ON THE RIGHT TO ENJOY THE BENEFITS OF SCIENTIFIC PROGRESS AND ITS APPLICATIONS The Irish Centre for Human Rights co-hosted with STAND and Amnesty International a conference on the “Responsibility to Protect” in Galway, Ireland on 4-5 April 2008. The conference had a dual nature in which the first part of the conference focused on educating participants about genocide, the responsibility to protect doctrine, and mechanisms for responding. The second part focused on establishing a STAND network and developing campaigns to respond. The Irish Centre for Human Rights together with UNESCO and the Amsterdam Center of International Law organised and hosted an Experts’ Meeting on the Right to Enjoy the Benefits of Scientific Progress and its Applications (REBSP), from 22 to 24 November 2008, in Galway, Ireland. The purpose of the meeting was to further clarify the state obligations emanating from article 15§ 1(b) of the International Covenant on Economic, Social and Cultural Rights (lCESCR) by looking at the tripartite typology of obligations, the 4 .A-scheme, as well as the obligations that may emerge in relation to the REBSP from other human rights. It also further developed the work undertaken at a previous meeting in Amsterdam ( June 2007). 26 CONFERENCE ON FORENSIC SCIENCE AND HUMAN RIGHTS CONFERENCE ON ALTERNATIVES TO PRISON: PUSHING FOR POLICY CHANGE ROUNDTABLE ON HUMAN RIGHTS AND THE NATURAL AND CULTURAL ENVIRONMENT: A NEW FRONTIER OF PROTECTION CONFERENCE ON GLOBAL AND LOCAL PERSPECTIVES ON ABORTION The Irish Centre for Human Rights, in partnership with the Centre for Anatomy and Human Identification, University of Dundee, hosted a conference on Human Rights and Forensic Science in NUI Galway on 24-25 April 2009. The MA in Public Advocacy & Activism at the Huston School of Film & Digital Media co-hosted with The Irish Centre for Human Rights a conference on the current prison system and alternatives to prison took place in NUI Galway on 1 May, 2009. The Irish Centre for Human Rights held a roundtable on ’Human Rights and the Natural and Cultural Environment: A New Frontier of Protection?’ on 13 June 2009. The event was graciously hosted by Tim and Mairead Robinson at their home, Folding Landscapes, in Roundstone, Co. Galway. On 5 November 2009, the Irish Centre for Human Rights and the Irish Family Planning Association co-hosted a conference entitled “Global and Local Perspectives on Abortion”, which featured speakers from institutions in Europe, Canada and Africa. The conference explored current and potential future application of forensic science disciplines in the field of human rights and discussed issues of both a practical and theoretical nature. This one day conference explored the potential for alternatives to the current system of incarceration in Ireland, in line with the Concluding Observations of the UN Human Rights Committee on Ireland in 2008. Alternatives to the current trends towards increasing incarceration are necessary, especially in the current economic climate, which increases the relevance of pursuing progressive alternatives in this sphere today. The Centre for Human Rights hosted a number of distinguished international speakers, drawn from a number of disciplines including law, sociology, medicine and forensic anthropology. The synergy between these different disciplines in the context of the advancement of human rights was explored throughout each thematic session. The conference was opened by State Pathologist, Dr. Marie Cassidy. The roundtable was an opportunity to explore the continued development and expansion of international human rights law and its relevance for the protection of the environment and cultural heritage. Particular attention was devoted to certain activities currently underway in Ireland that have given rise to environmental and cultural heritage concerns, namely the construction of the M3 motorway in Tara, Co. Meath and the building of the onshore gas pipeline and refinery in Erris, Co. Mayo. Much discussion focused on the extent to which human rights law could assist campaigners or litigants with regards to these campaigns, particularly where such activities have had a direct impact on local residents. Dr. Diarmuid Griffin at the “Alternatives to Prison: Pushing for Policy Change” Conference, May 2009 27 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights Lecture Series, Special Events and Lunchtime Seminars SEMINAR SERIES: Judges As Law-Makers? The Ad Hoc Tribunals For Rwanda And Yugoslavia And The Development Of International Criminal Law During the academic year 2008-200, the Irish Centre for Human Rights hosted an exciting international criminal law project entitled Judges as Law-Makers? The Ad Hoc Tribunals for Rwanda and Yugoslavia and the Development of International Criminal Law. The project was co-coordinated by Dr. Shane Darcy, a lecturer at the Centre, and Joseph Powderly, a Ph.D candidate and Government of Ireland Scholar, and involved an exploration and assessment of the significant juridicial contribution made by the international criminal tribunals to the progressive development of international criminal law. As these institutions enter the final phase of their work, it is an appropriate time to reflect and critique the practice and jurisprudence of the Tribunals that is responsible for the evolution of contemporary international criminal law. As the caseload of the International Criminal Court grows, it is essential that we take stock of the achievements, impact and potential legacy of the judgments of the Rwanda and Yugoslav tribunals. The project was comprised of two core activities: the compilation and publication of an edited collection of essays and the hosting of selected contributors as part of the Judges as Law-Makers? Lecture Series 2008-2009 at the Irish Centre for Human Rights. The research explores and critiques the key areas where the tribunals have advanced the understanding of particular concepts and principles and contributed to a change in the law. Fifteen leading scholars in the field have contributed to the edited collection and publication is expected in 2010. Several of the contributor participated in the highly successful lecture series. In October 2008 Professor William A. Schabas, the Director of the Centre delivered the 28 Other lectures in the series included: 12 March 2009 Dr. Mia Swart, University of the Witwatersrand, ‘Judicial Lawmaking at the Ad Hoc Tribunals’ (Respondent: and Joseph Powderly, a Ph.D candidate and Government of Ireland Scholar) 2 April 2009 Dr. Fabián Raimondo, ‘The development of international criminal law by resort to general principles of law: The ICTY’s and the ICTR’s input’ Judge Schomburg inaugural lecture entitled ‘The Development of the Law of Genocide by the Ad Hoc Tribunals’ and a response was provided by Dr. Abou Abass, the Bank of Ireland fellow at the Centre. In February 2009, the Centre co-hosted the second lecture in the series with the Irish Branch of the International Law Association - Dr. Göran Sluiter of the University of Amsterdam gave a lecture entitled ‘Procedural Lawmaking by Judges at the ICTY and ICTR’ and Fergal Gaynor, former counsel at the International Criminal Tribunal for the Former Yugoslavia acted as respondent. 14 January 2009 Professor Robert Cryer, Law School, University of Birmingham, ‘Superior Responsibility in the case-law of the Ad Hoc Tribunals’ (Respondent: Dr. Shane Darcy, Irish Centre for Human Rights). 12 October 2009 Judge Wolfgang Schomburg, former Judge at the ICTY and ICTR, ‘Joint Criminal Enterprise’. 29 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Lecture Series, Special Events and Lunchtime Seminars EU LECTURE SERIES SEMINAR SERIES: Challenges Of International Justice The Irish Centre for Human Rights hosted an EU lecture series, The European Union as a Force for the Promotion of Human Rights – In Europe and Abroad which ran throughout 2008. The series’ focus was the commemoration of the Treaty of Rome and assessment of the growing importance of human rights issues within European Union activities since the Treaty of Rome. The series was initiated with a lecture on February 25 by Mr Paul Hardy, Former Desk Officer for Human Rights in East and South East Asia, DG External Relations, European Commission, on the topic of The EU-China Human Rights Dialogue - who benefits more? In 2008, the Irish Centre for Human Rights hosted the University of Washington’s Program on “The Challenges of International Justice”. This program provided a first hand study of the major international tribunals. The series examined the history of international justice, and how the international community works to promote justice and accountability for genocide, war crimes, and crimes against humanity. It followed the history and recent developments at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR.) The series also explored the so-called “hybrid courts” in Sierra Leone, East Timor and Cambodia, and the unique challenges facing those courts today. The second lecture in the series was held that same week, with a very informative talk on Strasbourg, the European Convention and the EU delivered on 29 February by Ms. Nuala Mole, the Founder and Director of the AIRE (Advice on Individual Rights in Europe) Centre. The Centre is London-based NGO which provides information and advice and representation on all aspects on the rights of individuals in Europe under international law. Professor William Schabas, the Director of the Irish Centre for Human Rights, delivered a lecture on 31 March 2008 on The EU and its Campaign for International Abolition of the Death Penalty. On 12 April 2008, Geoffrey Harris, Head of the Human Rights Unit within the Secretariat General of the European Parliament, delivered a lunch time lecture entitled The Promotion of Human Rights by the EU: The Parliamentary Dimension. 30 The 2008 series was completed by a final lecture on World Human Rights Day, 10 December, by Dr. George Christou entitled, The European Union and the Cyprus Conflict: Towards Open Frontiers? Dr. Christou examined the role of the EU as an actor in conflict resolution, with a specific focus on the Cyprus conflict. COMMEMORATION OF THE 60TH ANNIVERSARY OF UDHR The Irish Centre for Human Rights at NUI Galway commemorated the 60th anniversary of the Universal Declaration of Human Rights on 10 December, 2008 with a series of events on campus. Film screenings, a public lecture, a photography exhibition and a concert, marked the signing in 1948 of one of the most prominent and enduring foundational documents of international human rights law. COMMEMORATION OF 15TH ANNIVERSARY OF THE RWANDAN GENOCIDE On 27 April 2009, Prof. William Schabas gave a lecture in commemoration of the 15th Anniversary of the Rwandan genocide. Alfred Mwenedata, a Rwandan Ph.D. candidate at the Irish Centre for Human Rights, was the respondent. Irish Centre For Human Rights Lecture Series, Special Events and Lunchtime Seminars LUNCHTIME SEMINARS in his car by South African security agents. After the bombing, he devoted himself to the preparations for a new democratic constitution for South Africa. He returned to South Africa and served as a member of the Constitutional Committee and the National Executive of the African National Congress. Judge Albie Sachs (right) with Prof. William Schabas JUSTICE ALBIE SACHS Justice Albie Sachs presented a talk entitled, ‘Paved with More than Good Intentions: From Port Elizabeth via Modderklip to 51 Olivia Street’ - A discussion of Historic Cases from the Constitutional Court of South Africa’, on 2 November 2009. Justice Albie Sachs, of the Constitutional Court of South Africa, was appointed to the court by Nelson Mandela in 1994. Justice Sachs recently gained international attention in 2005 as the author of the Court’s holding in the case of Minister of Home Affairs v. Fourie, in which the Court overthrew South Africa’s statute defining marriage to be between one man and one woman as a violation of the Constitution’s general mandate for equal protection for all and its specific mandate against discrimination on the basis of sexual orientation. Justice Sachs is also recognized for the development of the differentiation between constitutional rights in three different degrees or generations of rights. As a young Jewish man in South Africa, he worked as an attorney, defending people charged under racist statutes and repressive security laws under South African Apartheid. After being seized by the police and placed in solitary confinement for his work in the freedom movement, Albie Sachs went into exile in England and then Mozambique. In Maputo, Mozambique in 1988, he lost his arm and his sight in one eye when a bomb was placed In 1991 he won the Alan Paton Award for his book Soft Vengeance of a Freedom Fighter. The book chronicles his response to the 1988 car bombing. He is also the author of Justice in South Africa (1974), The Jail Diary of Albie Sachs (1966), Sexism and the Law (1979), The Free Diary of Albie Sachs (2004), and The Strange Alchemy of Life and Law (2009). PROFESSOR BEN KIERNAN At the invitation of the Irish Centre for Human Rights, Professor Ben Kiernan presented a talk entitled ‘Researching the History of Genocide’ on 22 October 2009. Prof. Kiernan is a Whitney Griswold Professor of History, Professor of International & Area Studies and Director of the Genocide Studies Program at Yale University. Professor Kiernan obtained his Ph.D. from Monash University, Australia, in 1983. He is the author of Blood and Soil: A World History of Genocide and Extermination from Sparta to Darfur (2007), which won the 2008 gold medal for the best book in History awarded by the Independent Publishers association. He has authored numerous books on genocide, including The Specter of Genocide: Mass Murder in Historical Perspective (2003). DR. JOHANNES VAN AGGELEN In a lunchtime seminar co-hosted by the Irish Centre for Human Rights at NUI Galway and the International Law Association’s Irish Branch, Dr.Johannes Van Aggelen presented a paper on ‘The Overpolitization of the UN Human Rights Agenda’ on 21 May 2009. Dr. Van Aggelen was awarded a BA in Education and a Docteur en Droit, from the University of Nijmegen in 1976, NIJMEGEN, and a DCL from McGill University, Montreal in 1989. He has worked for the UN Human Rights Department from 1980-2007. His over 150 publications include 2 books, 150 articles and book reviews; he has lectured in Canada, the US, England, Portugal and Brazil. GARETH SWEENEY On 3 October 2008, Gareth Sweeney of the International Service for Human Rights, Geneva gave a talk entitled ‘The Universal Periodic Review: Practice and Prospects’. The talk looked at the workings of the Universal Periodic Review, the recently established mechanism whereby the human rights record of every State is examined by members of the Human Rights Council. Gareth Sweeney is a graduate of the Irish Centre for Human Rights and his work in Geneva for the past number of years has included observation of the various human rights bodies. RICK LINES AND DAMON BARRETT In a joint seminar delivered on 13 October 2009, Rick Lines and Damon Barrett presented a paper entitled ‘Human Rights and the “War on Drugs”’. In many countries around the world, drug control efforts result in serious human rights abuses, including torture and ill-treatment by police, extrajudicial killings, arbitrary detention, execution, denial of essential medicines and basic health services. These abuses continue unabated and yet UN agencies have provided little guidance – or incentive - to countries to address problematic drug control practices. UN drug control agencies pay little attention to whether drug control activities are conducted consistent with human rights protections. 31 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Lecture Series, Special Events and Lunchtime Seminars UN human rights bodies likewise do not pay sufficient attention to international drug control efforts. Rick Lines is the Senior Policy Advisor with the International Harm Reduction Association in London, where he leads their HR2 – Harm Reduction & Human Rights programme. Rick received his LL.M. from the Irish Centre for Human Rights in 2006, and is currently a PhD candidate. Damon Barrett is the Human Rights Analyst the International Harm Reduction Association in London, where he is a member of the HR2 – Harm Reduction & Human Rights programme. Damon received his LL.M. from the Irish Centre for Human Rights in 2006. PROFESSOR MARK OSIEL Prof. Mark Osiel delivered a paper entitled ‘Reciprocity in Humanitarian Law: Acceptance and Repudiation’ in the Irish Centre for Human Rights on 3 November 2008. Professor Osiel is Director of International Criminal and Humanitarian Law at the T.M.C. Asser Institute, The Hague, part of the University of Amsterdam. He lectures widely on humanitarian law, both abroad and at the U.S. war colleges. He has spoken at the International Criminal Tribunal for the former Yugoslavia and served as consultant to prosecutors of Gen. Augusto Pinochet and of perpetrators of the Rwandan genocide. He regularly consults to international organizations and governments in postconflict societies on issues of transitional justice. His articles have appeared in the Harvard Law Review, Columbia Law Review, California Law Review, Pennsylvania Law Review, Human Rights Quarterly, Law & Social Inquiry, and Representations, among others. His books include Mass Atrocity, Collective Memory & the Law (1997), 32 Obeying Orders: Atrocity, Military Discipline, and the Law of War (1999), Mass Atrocity, Ordinary Evil, and Hannah Arendt: Criminal Consciousness in Argentina’s Dirty War (Yale Univ. Press, 2002), Trying Tyrants: Making Sense of Mass Atrocity (Cambridge Univ. Press, 2008). His latest book, entitled The End of Reciprocity: Terror, Torture & the Law of War, was published by Cambridge University Press in 2009. SAHAR FRANCIS The Irish Centre for Human Rights was pleased to host Sahar Francis on 12 November 2008, who delivered a talk entitled, ‘Administrative Detention and the Law in Israel-Occupied Palestinian Territories’. Sahar Francis is a Palestinian-Israeli lawyer and human rights advocate in the Occupied Palestinian Territories. She holds a law degree from Haifa University and a Masters degree in International Studies from Birzeit University. In 1994 she began her work on human rights issues at St Ives Institution focusing on the subject of housing rights, land issues and house demolitions. From 1998 – 2000 she worked with Badil Resource Center for Palestinian Residency and Refugees’ Rights. Since 2006 Francis has been the director of Addameer Prisoners’ Support and Human Rights Association. ADDAMEER (Arabic for conscience) Prisoners Support and Human Rights Association is a Palestinian non-governmental, civil institution which focuses on human rights issues. Established in 1992 by a group of activists interested in human rights, the center’s activities focus on offering support for Palestinian prisoners, advocating the rights of political prisoners, and working to end torture through monitoring, legal procedures and solidarity campaigns. Irish Centre For Human Rights Lecture Series, Special Events and Lunchtime Seminars LUNCHTIME SEMINAR: VIOLENCE AGAINST WOMEN AND HUMAN RIGHTS ANNUAL DOCTORAL SEMINARS On 8 December 2008, Dr. Niamh Reilly and Dr. Nata Duvvury from the Global Women’s Studies Programme in NUI, Galway along with Helen Mortimer, an independent consultant/researcher on women’s human rights presented a lunchtime seminar called, ‘Violence against Women and Human Rights: Global and local perspectives’. This seminar was part of the Global 16 Days of Action opposing Violence against Women, an international event which began in 1991 and now has over 2,000 organisations from 130 countries participating. The doctoral seminar is an important week in the life of the Irish Centre for Human Rights. PhD students are provided with an opportunity to present their work in progress, ideas and research developments to their peers and receive feedback and suggestions from a range of experts. The 8th annual Irish Centre for Human Rights PhD Seminar took place from 4-8 May 2009. Speakers included Professor Douglass Cassel, Professor Francoise Hampson, Professor Louis Wolcher, and Dr. Michael Kearney. The program included presentations by the expert speakers, as well as presentations by Doctoral Candidates on their current research. Doctoral students take a walk to the Doolin caves on their annual Doctoral Seminar, 2008 The Irish Centre for Human Rights held its seventh annual doctoral seminar from 31 March - 4 April 2008. The invited experts to the seminar were Prof. Anita Ramasastry (Associate Professor, University of Washington School of Law; formerly Fulbright Fellow at the Irish Centre for Human Rights), Professor Alfred De Zayas (Geneva School of Diplomacy and International Relations) and Professor Semih Gemalmaz (University of Istanbul). Students take a welcome rest at the 2008 Doctoral Seminar’s tour of the Burren 33 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights Projects at the Irish Centre for Human Rights Irish Centre for Human Rights Researchers Conduct Fact-Finding Mission EU-CHINA HUMAN RIGHTS NETWORK In March 2009, the Irish Centre for Human Rights, NUI Galway launched the activities of the new EU-China Human Rights Network. The three-year EU-funded project provides a grant of 1.5 million Euro to the Irish Centre for Human Rights to develop and lead an unrivalled network of human rights specialists from across the EU and China. The 30 European and 20 Chinese institutions involved in the Network will collaborate with non-governmental organizations to analyse human rights practices through the EU-China Human Rights Seminar process and associated activities. In August 2008, the Irish Centre for Human Rights received funding from Irish Aid to launch a project on the human rights situation of the Rohingyas of Rakhine State in Western Burma/Myanmar. As part of the project the Burma research unit was established at the Irish Centre for Human Rights with a view to carrying out open source research and a factfinding mission, culminating in the drafting of a report under the supervision of Prof. William Schabas. In February 2009, Nancie Prud’homme and Joseph Powderly (project researchers) undertook a 4-week fact-finding mission to gather more detailed, first-hand and new information about the situation of the Rohingyas in Western Burma/Myanmar. As part of their mission Nancie and Joseph first visited Thailand. They organized meetings on a range of issues relating to the Rohingyas, including the situation of the Rohingya “Boat people” - refugees who were pushed out to sea off the coast of southern Thailand in early 2009 - and regional responses to the ongoing and rapidly deteriorating status of this ethnic minority. 34 As part of the fact-finding mission the researchers also spent two weeks in Bangladesh visiting refugee camps and interviewing Rohingya refugees and human rights and humanitarian workers. The researchers were joined in Bangladesh by Mr. John Ralston, Executive Director of the International Institution for Criminal Investigation and former Chief of Investigations at the International Criminal Tribunal for the former Yugoslavia and for the UN Independent Commission of Inquiry for Darfur. The team interviewed over 60 refugees. The mission in Bangladesh provided detailed information on the causes for flight to Bangladesh and the current situation in Western Burma/Myanmar. The report of the Rohingya project is due to be launched in January 2009 and will be available on the Irish Centre for Human Rights’ website. From 2009-2012, the Irish Centre for Human Rights, along with the lead Chinese institution the Chinese Academy of Social Science (CASS), will direct the strategic development of the EU-China Human Rights Seminar process, placing NUI Galway in a central role in the development of human rights practices in China. The EU-China Human Rights Network will build upon and deepen the exchanges and debates of the official EU-China Human Rights Dialogue and, in so doing, will add a more concrete and practical dimension to the process. The Network’s activities will aim to foster a sense of common understanding and will encourage free and constructive exchanges between European and Chinese academics, legislators, policy makers and civil society organisations on human rights topics and their implementation in the field. As such, the activities of the Network have the capacity to inform and influence political opinion in China by providing Chinese experts and reform-minded officials with the arguments they need to press for change. The overall objective of the EU-China Human Rights Network is to strengthen the realisation of human rights in China in line with the 35 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Projects at the Irish Centre for Human Rights Projects at the Irish Centre for Human Rights Project: ‘Ireland’s participation in International Human Rights Law and Institutions’ EU’s Human Rights policy and to help China in its effort to align its Human Rights policy with international norms. The project closely mirrors the 2002-2005 EU-funded Human Rights Network, also led by the Irish Centre for Human Rights. ‘China has entered a critical period in terms of its human rights practices,’ said Professor William Schabas, Director of the Irish Centre for Human Rights. ‘With the decline in the global economy the authorities must face the threat of social unrest without rowing back on the positive changes we have witnessed in previous years. At the same time, further progress must be ensured on on ever present issues such as the use of the death penalty, freedom of expression and religion, the ‘reeducation through labour’ and the rights of minorities in the autonomous regions of Tibet and Xinjiang,’ he said. In May 2009, the Irish Centre for Human Rights led the organisation of the first EU-China Human Rights Seminar to take place under the new contract. The Seminar, which launched the activities of the new project in Prague, focused on the issues of Access to Justice and the Rights of Persons with Disabilities. In mid-November 2009 a second Seminar took place in Beijing again with a focus on various aspects of Access to Justice as well as Human Rights and the Global Economic Crisis. Two further Seminars are envisaged for 2010, taking place in Spain in the first half of the year and Beijing in the second. The project is managed by Nancie Prud’homme. Annabel Egan is Research Associate with the project and Dang Heping is the project’s Doctoral Research Fellow. 36 ‘Ireland’s participation in International Human Rights Law and Institutions’ commenced in March 2005 and has been funded by the Irish Research Council for Humanities and Social Sciences until March 2008. The Project Director is Professor William Schabas and the principal Researcher is PhD student, Aisling O’Sullivan. Its objective is to document and analyse Irish foreign policy towards the development and evolution of International Human Rights Law during its formative stage. The project sub-divides into an analysis of Ireland’s involvement in human rights law-making and Ireland’s engagement in international human rights institutions. Initially, the project sought to examine Ireland’s role in the development of international human rights law within the Council of Europe and the United Nations from 1949-1978 and 1955-1978 respectively. In light of the material collected on Ireland’s involvement in the Council of Europe, the final monograph will be primarily a behindthe-scenes narrative of Ireland’s involvement in one of the most significant cases in international human rights law, the case of Ireland v. United Kingdom (1978). In examining Ireland’s involvement, the research concentrated on the Irish Government papers housed in the National Archives of Ireland, in conjunction with interviews of some of the key actors involved in the proceedings on behalf of the Irish Government, such as former Taoiseach and Minister for Foreign Affairs Garret Fitzgerald, former Attorney General Declan Costello, former Legal Adviser Mahon Hayes and former Irish Ambassador to the US, Sean Donlon. However, significant material from the British National Archives has also been collected and analyzed. Additionally, Aisling O’Sullivan has collected all the inadmissible applications against Ireland submitted to the European Commission of Human Rights, with the kind and helpful assistance of the Archives of the European Court of Human Rights. Aside from the research proper, a website was created in July 2006 to provide a detailed outline of the research. The content and layout was drafted by Aisling O’Sullivan and the web-design by Mr. Michael Coyne. The website is located at http//:www.nuigalway. ie/human_rights/Projects/ireland_project/ index.html. From the beginning of the project, an archive of documents from the Irish government papers has been organized into a searchable archive database. The archive encompasses a large section of the documents collected from the Irish State papers. From May to December 2007, Melissa Ruggiero, a former student on the Cross-border LLM in Human Rights and Criminal Justice processed this work by scanning, organizing and providing keyword terms for each of the documents within the archive. During the life-time of the project, the following research papers have been published: a book chapter by Professor William Schabas entitled ‘Ireland, the European Convention of Human Rights and the personal contribution of Sean MacBride’ in John Morison, Kieran McEvoy and Gordon Anthony (ed.), Judges, Transition and Human Rights (Oxford, Oxford University Press 2007) and an academic paper by Professor William Schabas and Aisling O’Sullivan entitled ‘Politics and Poor Weather: How the Ireland sued the United Kingdom under the European Convention on Human Rights’, (2007) 2 Irish Yearbook of International Law. Regarding further research outputs, the final monograph is at write up stage and is projected to be completed in 2010. Furthermore, a separate PhD student project was developed by Aisling O’Sullivan in Irish Centre For Human Rights Project: Oxford Reports on International Criminal Law International Criminal Law 2007, whereby contributors to a co-edited monograph by Aisling O’Sullivan and Professor Schabas have researched issues in human rights and criminal justice from the perspective of Irish, British and US policy using material from State Archives. The monograph consists of the following chapters: The emerging ‘right of selfdetermination of peoples’ and the case of Cyprus (Vasilki Germanakou [NUIG]), Ireland’s Relationship to the United Nations Regarding the Rights of Women (Roja Fazaeli [TCD] and Melanie Hoewer [UCD]), Ireland and the United Nations Declaration against Torture: Principles and Politics (Michelle Farrell [NUIG]), Ireland and the Drafting of the Geneva Conventions of the 1949: Issues, Insights and Controversies (Joseph Powderly [NUIG]), On the Development of Irish Relations with Israel: Reflections on the Role of Human Rights in Foreign Policy (Andrea Breslin [NUIG] and Anthony Cullen [U of Cambridge]), United States Foreign Policy and International Criminal Tribunals (Harry Rae [La Salle, Penn. US]), Ireland and the Abolition of Capital Punishment: History, Politics and Missed Opportunities (Niamh Hayes [NUIG]), Accounting, murky extradition law and poor human rights treaty acceptance: Ireland’s journey of accession to the Genocide Convention of 1948 (Aisling O’Sullivan [NUIG]). This monograph is in its final stages and will shortly be sent for peer review. In September 2008, Oxford University Press launched the Oxford Reports on International Criminal Law, which is one component within its broader venture entitled Oxford Reports on International Law. The Oxford Reports on International Criminal Law are produced here in Galway, by a team composed of Joe Powderly, Niamh Hayes, Yvonne McDermott and Prof. William Schabas, with some additional guest contributors on occasion. Students at the Irish Centre for Human Rights have access to the Reports through their regular university account, at http://oxfordlawreports.com. The reports consist of case summaries and indexes of leading international criminal law cases, together with the decisions themselves. Previously, research in the case law of international criminal tribunals involved rather tedious combing through the websites of the various tribunals. Even then, as a general rule the tribunal websites do not allow for keyword searches and they are not indexed. The International Law Reports respond to the problem, but they cover only a very limited number of cases. Hundreds of cases are already on line, and we will be continuing to add more. Irish Centre for Human Rights staff, students and graduates attending a conference in Iran, 2009 37 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 Irish Centre For Human Rights Advocacy and Other Professional Activities In 2008, Ph.D. student Fidelma Donlon was an expert advisor to Special Court for Sierra Leone. The Court was created in 2002 and has jurisdiction to ‘prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law’ committed in the country since 30 November 1996. The current completion strategy of the Special Court estimates that judicial activities will be completed after the trial of the former Liberian President Charles Taylor ends in 2011. To maintain international standards and fulfilment of the Courts mandate there are a number of legal obligations that will not cease after the completion of trials. The term ‘residual functions’, is broadly used to describe the obligations. Fidelma’s work entailed research in the areas of Public International Law, International Criminal Law, International Human Rights Law and Sierra Leonean Law. She coordinated with the Government of Sierra Leone, representatives of the ICTY, the ICTR, the ICC, the UN Office of Legal Affairs, the ICRC and international non-governmental organisations. Fidelma is author of the 2008 advisory report on the ‘Residual Functions and Residual Institution Options of the Special Court for Sierra Leone.’ Her report analyzes and presents the critical ‘residual functions’ of the Special Court including matters related to the possible review of convictions, the provision of assistance to national Prosecution authorities, options related to the trial of the fugitive Johnny Paul Koroma, ongoing witness protection issues and the future management of the archives of the Special Court. Fidelma examined the workload and resources involved in supporting the residual functions, the timeframe for implementation of the obligations and the legality of the transfer or delegation of the functions to the Sierra Leonean authorities, the International Criminal Court or the international tribunals 38 for the former Yugoslavia or Rwanda. She has recommended that the residual functions must be managed in accordance with international standards to ensure the ongoing protection of the human rights of the accused and convicted persons as well as victims and witnesses. To achieve this goal, Fidelma designed and presented in her report a successor institution of the Special Court for Sierra Leone. She advised the Management Committee of the Special Court on all aspects of her report. at the Irish Centre for Human Rights, and Damon Barrett, an LL.M. graduate. The Centre on Human Rights and Drug Policy is dedicated to developing and promoting innovative and high quality legal and human rights scholarship on issues related to drug laws, policy and enforcement, and seeks to expand the current body of research and analysis on drug policy issues as they intersect with international human rights law, international humanitarian law, international criminal law and public international law. In 2009, Professor William Schabas was appointed President of the International Association of Genocide Scholars (IAGS). IAGS is a global, interdisciplinary, nonpartisan organization that seeks to further research and teaching about the nature, causes, and consequences of genocide, and advance policy studies on prevention of genocide. The Association, founded in 1994, meets to consider comparative research, important new work, case studies, the links between genocide and other human rights violations, and prevention and punishment of genocide. A central aim of the Association is to draw academics, activists, artists, genocide survivors, journalists, jurists, public policy makers, and other colleagues into the interdisciplinary study of genocide, with the goal of prevention. The Centre pursues this mandate by publishing original, peer-reviewed research via its journal, the International Yearbook on Human Rights and Drug Policy, the first and only international peer-reviewed law journal focusing exclusively on human rights and drug policy. The Centre also fosters research on drug policy issues among postgraduate law and human rights students through its engagement with universities and colleges around the world. Prof William A Schabas of the Irish Centre for Human Rights sits on the new project’s International Advisory Committee as well as the Editorial Board for the Yearbook. Ph.D. candidate Brendan Tobin attended the 9th Meeting of the Conference of the Parties to the Convention on Biological Diversity, Bonn, May 2008 on behalf of the Irish Centre for Human Rights and presented the findings of a policy report on the use of certifiction schemes as a means for bringing equity and fairness to the trade in genetic resources and traditional knowledge, at a side event organised by the United Nations University Insitute of Advanced Studies. In December 2009, the International Centre on Human Rights and Drug Policy was established by Rick Lines, a Ph.D. student The Irish Centre for Human Rights is collaborating with the Centre on Human Rights and Drug Policy in establishing a research new cluster on drug policy issues, and is currently offering a Doctoral Studentship in Human Rights and Drug Policy for 2010. Further information can be found at www.humanrightsanddrugs.org The summer of 2008 marked the 41st. anniversary of Israel’s occupation of the Syrian Golan. At this time, Dr. Ray Murphy and LL.M. graduate Declan Gannon published a report which examines the background to this occupation and the consequences for the local population. The report, entitled Israel’s Gross Violations of International Law in the Occupied Syrian Golan, examines the 39 Irish Centre For Human Rights Activity Report 2008-2009 Advocacy and Other Professional Activities action of the Israeli authorities and argues that certain practices by the Israeli Defence Forces constitute war crimes, which in some cases, may amount to grave breaches of the Fourth Geneva Convention governing the protection of civilians. The area known as the Golan Heights is a mountainous region and plateau in southwest Syria that borders Lebanon to the north, Jordan to the south, and Israel to the west. The overall landmass of the Golan Heights is 1,860 square kilometres, which is approximately one percent of the total landmass of Syria. Since 1967, reference to the area called Golan Heights has typically described the portion of the Golan Heights that was occupied by Israel beginning in 1967. This area encompasses approximately 1,500 square kilometres of the Golan Heights region and is referred to as the Syrian Golan or Occupied Golan throughout this paper. Successive Israeli governments adopted numerous policies to control and contain the Syrian population since Israel began its occupation of the Syrian Golan. They have destroyed numerous villages, driven thousands from their homes, expropriated private and public property, prevented the remaining Arab villages from expanding and actively stopped the free movement of people. In 1981, Israel enacted legislation that purported to annex the territory. This move was widely condemned by the international community and from the perspective of international law; the Syrian Golan remains an occupied territory to which the laws of occupation apply. Dr. Noam Lubell was a member of the “Meeting of Experts on Use of Force during Occupation”, convened by the International Committee of the Red Cross in October 2009 and a participant in a Roundtable Discussion of Customary International Humanitarian Law, organised by The Lauterpacht Centre for International Law, The British Red Cross Society and the International Committee of the Red Cross in May 2009. A number of staff and students made media appearances in the 2008-2009 periods. Prof. William Schabas appeared on a number of radio shows on Radio Netherlands, RTÉ Radio One, and other stations. Ph.D. student Éadaoin O’Brien was featured on RTÉ 1’s Crimecall programme, giving an expert analysis on the facts surrounding an unidentified body found in the Galway area last year. Yvonne McDermott, a Ph.D. candidate at the Centre, gave an interview on Radio na Gaeltachta on the 60th Anniversary of the Universal Declaration on Human Rights and was also featured in a CD recording released by the Franciscans entitled, The Human Cost of Climate Change. Dr. Ray Murphy lent a legal analysis to the dedicated show on the Gaza crisis in January 2009 which was part of Radio 1’s Spirit Moves series, while LL.M. graduate and Director of NGO Mafiwasta, Nick McGeehan, was interviewed for a feature on Channel 4 news about migrant workers in Dubai. Activity Report 2008-2009 Irish Centre For Human Rights Forthcoming Events FORGOTTEN RIGHTS, FORGOTTEN CONCEPTS: ICHR ANNIVERSARY CONFERENCE The Irish Centre for Human Rights welcomed its first LLM students in September 2000 and we will soon be celebrating the 10th anniversary of the Centre’s establishment. We are currently planning a number of events for 2010 to celebrate ten years of the Centre’s work, including seminars, lectures, exhibitions and concerts. The main event will be the hosting of a major academic conference by the Irish Centre for Human Rights, on the theme of “ Forgotten Rights, Forgotten Concepts”. This conference is to take place 19-20 November 2010 and its theme is intended to encompass a number of original human rights issues across a broad spectrum which the speakers feel have fallen out of favour or been overlooked. It is hoped to be forward-looking rather than a retrospective criticism of the failure to deal with a given issue. CORPORATIONS, CONFLICT AND HUMANITARIAN LAW The Irish Centre for Human Rights and The Geneva Academy of International Humanitarian Law and Human Rights are co hosting a conference addressing the intersection of corporations, conflicts and human rights in April 2010. The aim of the conference is to explore the extent to which International Human Rights Law and Humanitarian Law are adequate to deal with the role of business in conflict, given existing gaps in the law, current norms and attempts to hold private sector actors accountable. While there has been much discussion about the topic of business and human rights, the issue of business in conflict zones and international humanitarian law in particular, has been less explored. Dr. Kathleen Cavanaugh is the Chair of Amnesty International’s Irish Branch and Aoife Daly, a visiting lecturer at the Irish Centre for Human Rights, is the Vice-Chair. 40 41 Irish Centre For Human Rights Activity Report 2008-2009 Activity Report 2008-2009 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 year: Atlantic Philanthropies Bank of Ireland Border Action – Pobal and Combat Poverty European Commission Ireland Aid Civil Society Fund Joseph Rowntree Foundation Open Society Initiative United States Institute of Peace 42 43 Irish Centre for Human Rights National University of Ireland, Galway Telephone: +353 91 750464 Fax: +353 91 750575 Email: humanrights@nuigalway.ie Website: www.nuigalway.ie/human_rights/