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IRISH CENTRE FOR HUMAN RIGHTS
promoting human rights through teaching, research and advocacy
Activity Report 2006-2007
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CONTENTS
2
MESSAGE FROM THE DIRECTOR
TEACHING:
RESEARCH:
ADVOCACY:
1
STRUCTURE AND PERSONNEL
4
2
PREMISES AND EQUIPMENT
8
3
POSTGRADUATE EDUCATION
9
4
SUMMER SCHOOLS
12
5
RESEARCH AND PUBLICATIONS
13
CONFERENCES
13
REPORTS
13
BOOKS & MONOGRAPHS
13
EDITED VOLUMES
13
ARTICLES, CHAPTERS & REPORTS
13
BOOK REVIEWS
17
MISCELLANEOUS PUBLICATIONS
17
CONFERENCE PAPERS &
GUEST LECTURES
17
6
OTHER PROFESSIONAL ACTIVITIES
20
7
PROJECTS
22
8
SPECIAL EVENTS, VISITORS AND
LUNCHTIME SEMINARS
26
9
ADVOCACY
26
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MESSAGE FROM
THE DIRECTOR
Dear Friends,
I am please to introduce the 2006-2007
Activity Report for the Irish Centre for
Human Rights, National University of
Ireland, Galway.
Now in its ninth year of operations, the
Irish Centre for Human Rights has an
established international reputation for
excellence in the field of human rights
teaching, research and advocacy.
Professor William A. Schabas,
Director, Irish Centre for Human Rights
Now in its ninth year of
operations, the Irish Centre
for Human Rights has an
established international
reputation for excellence in
the field of human rights
teaching, research and
advocacy.
The Centre runs two widely acclaimed
masters programmes in International
Human Rights Law and Peace Support
Operations, as well as a successful Cross
Border programme in International
Human Rights and Criminal Justice, in
co-operation with Queens University,
Belfast. More than 40 students are
currently enrolled on the Centre’s PhD
programme. Of the ten who have
completed their PhDs to date, all have
either full-time permanent university
teaching positions or positions with
prominent human rights organisations
and have either published or are in the
course of publishing their theses.
Due to both the commitment and
dedication of faculty and students, the
Centre has made a significant
contribution to the development of a body
of specialised human rights literature
with the publication of three books, three
edited volumes and more than 70 articles
during a twelve-month period. In
addition, the faculty and students
delivered over 70 guest lectures and
participated in numerous conferences and
training programmes both in Ireland and
abroad. In 2007 the Centre also launched
a special report on human rights and
peacebuilding, commissioned by Border
Action Ireland.
Since its inception, the Centre has
managed a portfolio of projects which
operate to foster understanding of
particular human rights issues. Ireland
participation in International Human
Rights Law and Institutions is a three year
research project, funded by the Irish
Research Council for Humanities and
Social Sciences, which commenced in
March 2005 and due for completion in
2008. The Model Codes for Post-Conflict
Criminal Justice Project was launched by
the Irish Centre for Human Rights and
United States Institute of Peace in 2001,
in cooperation with the United Nations
High Commissioner for Human Rights
and the United Nations Office on Drugs
and Crime. The model codes were drafted
from 2001 to 2006 and in 2006-2007, work
continued to complete the four model
codes for publication. In August 2007, the
first volume, the Model Criminal Code,
was published by the United States
Institute of Peace.
Officially launched in Beijing, China on
20-21 June 2007, the China Death Penalty
Project is a three year research project
into the abolition of the death penalty in
China. This project is being funded by the
European Initiative for Democracy and
Human Rights, under the directorship of
the Great Britain China Centre, with the
Irish Centre for Human Rights and the
College for Criminal Law Science, Beijing
Normal University as partnership
organisations. The Irish Centre for
Human Rights has also been engaged in
a Human Rights Academic Exchange
with China as part of a consolidation of
the EU-China Human Rights Network. In
2005, Development Cooperation Ireland
made a grant of 80,000 Euro to the Centre
for work on this programme, which will
enable Ireland to play a central role in the
development of human rights in China.
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As one of the world’s premier universitybased institutions for the study of human
rights, a large number of renowned
human rights experts and activists visited
the Irish Centre for Human Rights over
the course of the year to participate in
both conferences and special lectures. The
Centre hosted or co-hosted three
conferences during 2006-2007. In May a
conference to celebrate Africa Day and
International Peacekeepers day entitled
Africa and Peacekeepers: Positive Impact?,
took place at NUI Galway. In June a
conference on the Right to Benefit from
Scientific Development was held in
Amsterdam, organised by the Irish Centre
for Human Rights, the Amsterdam
Centre for International Law and
UNESCO. The conference on The
Protection of Human Rights by the United
Nations Charter Bodies, co-sponsored by
the ICHR took place in Potsdam
Germany in July. The Centre also had the
privilege of hosting a number of
distinguished groups and visitors
including; a visit from the Palestinian
NGO Al-Haq; a visit from the Chief
Justice of South Africa, Justice Pius
Langa; and actor Martin Sheen.
A number of new staff members joined
the faculty at the Centre in 2006-2007.
The Centre was honoured to have Michael
D. Higgins TD appointed Adjunct
Professor affiliated to the Irish Centre for
Human Rights in 2006. Deputy Higgins
is a renowned campaigner on human
rights issues and was the first recipient of
the Sean McBride Peace Prize in 1992.
Mr. Noam Lubell joined the staff of the
Centre on a full time basis in June 2007.
Mr. Lubell has worked at a number of
prominent organisations in Israel
engaging in work concerning the
Israeli/Palestinian conflict and has also
worked as a senior researcher at the
Human Rights Centre at the University of
Essex in the United Kingdom. Mr. Lubell
teaches international humanitarian law at
the Irish Centre for Human Rights.
More information about the faculty and
activities of the Centre over the past year
can be found in the following pages.
I hope you find it interesting.
Due to both the commitment
and dedication of faculty
and students, the Centre
has made a significant
contribution to the
development of a body of
specialised human rights
literature with the
William A. Schabas
Director
publication of three books,
three edited volumes and
more than 70 articles during
a twelve-month period.
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STRUCTURE AND
PERSONNEL
The Irish Centre for Human Rights has a
staff of six full-time academic staff, six
adjunct lecturers or professors, plus a
number of both full and part-time
research and support personnel. Nationals
of several different countries – Canada,
France, India, Ireland, Israel, South
Africa, Spain and the United States –
have been employed at the Centre during
this period.
During 2006-2007, six academic members
of the University’s Faculty of Law were
located at the Irish Centre for Human
Rights and taught in its programmes:
Professor William Schabas, Dr. Ray
Murphy, Dr. Vinodh Jaichand, Dr.
Kathleen Cavanaugh, Dr. Nadia Bernaz
and Mr. Noam Lubell.
Dr. Terry O’Neill, Prof. Joshua Castellino
and Aoife Daly also taught courses on the
LLM in International Human Rights and
the LLM in Peace Support Operations.
Peter Fitzmaurice worked as the Project
Manager at the Centre from 2004-2007
and also teaches a course on the LLM in
International Human Rights Law. Dr.
Vivienne O’Connor was the Rule of Law
Project Officer and Co-Director of the
Model Codes for Post-Conflict Criminal
Justice Project.
Fiona Gardiner provides full-time
administrative support services to the
Centre. She is assisted in a full-time
capacity by Louise Burke, with part-time
assistance from Louise Ryan.
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. Professor Schabas
holds BA and MA degrees from the
University of Toronto and LLB, LLM and
LLD degrees from the University of
Montreal. William Schabas is an Officer
of the Order of Canada.
Professor Schabas is a specialist in the
areas of international criminal
accountability for human rights violations
and the abolition of capital punishment.
Over the course of 2006-2007 Professor
Schabas lectured in Austria, Canada,
China, France, Germany, Greece, Italy,
Liechtenstein, Mexico, the Netherlands,
Northern Ireland, the United Kingdom
and the United States.
During this period Professor Schabas has
also published significantly. The
publications include numerous articles
and books including International Human
Rights Law and Canadian Law: Legal
Commitment, Implementation and the
Charter (Toronto: Thomson Carswell,
2007, with Stéphane Beaulac). Prof.
Schabas also co-edited, with Ramesh
Thakur and Edel Hughes, the monograph
Accountability for Atrocity (Tokyo: UN
University, 2007).
From 2003-2006 Professor Schabas was
the external examiner for the LLM
programme of Trinity College Dublin, and
between 2004-2007 was external examiner
for Oxford University’s MSt. in
International Human Rights Law. Prof.
Schabas was editor, Oxford Reports in
International Criminal Law. He was
elected on 16 March 2007 as a member of
the Royal Irish Academy and also in 2007
was awarded a Certificate of Merit for a
book in a specialised area of international
law by the American Society of
International Law. On 25 May 2007
Professor Schabas was awarded the
honour of Doctor of laws (LLD) honoris
causa, conferred by Dalhousie University,
Halifax, Canada.
Dr. Vinodh Jaichand joined the Centre in
January 2003. Dr. Jaichand has a doctorate
in human rights law from Notre Dame
University in the United States, and a
distinguished career in his native South
Africa, both in academic life and in the
NGO sector. He was appointed Deputy
Director of the Centre in November 2003.
Dr. Jaichand has been the director of the
LLM in International Human Rights Law
since 2006. In the academic year 20062007 he taught Economic, Social and
Cultural Rights and African and InterAmerican Regional Systems of Protection
of Human Rights on the International
Human Rights Law LL.M Programme.
In addition to his administrative and
lecturing tasks at the Centre, Dr. Jaichand
has also been active on behalf of the
Centre in Ireland, Europe and South
America. He represented the Centre at
the meeting of partners of the European
MA in Human Rights and
Democratization in September 2006. In
October 2006 Dr. Jaichand attended the
meeting of partners for European
Training and Research Centre for Human
Rights and Democracy (ETC), University
of Graz on Training of Judges and
Prosecutors on Non Discrimination
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STRUCTURE AND
PERSONNEL
Directives of the European Union and also
attended training for Hungarian judges
and prosecutors, as part of that same
programme. In November 2006 he
attended SUR Board Meeting in Sao
Paulo. Dr. Jaichand represented the Irish
Centre for Human Rights at the meeting
of partners of the Mediterranean MA in
Human Rights and Democratization,
Enna, Sicily, 8-9 June 2007 and at the end
of the month he presented the
Honourable Chief Justice and President
of the Constitutional Court of South
Africa, Justice Pius Langa, at the
graduation ceremony which conferred an
honorary Doctorate in Laws to him, 29
June 2007, Galway.
Dr. Ray Murphy is a senior lecturer in
Law at the Irish Centre for Human
Rights. He is a former Captain in the
Irish Defence Forces and served as an
infantry officer with the Irish contingent
of UNIFIL in Lebanon in 1981/82 and
again in 1989. He completed his PhD in
International Law at the University of
Nottingham in England in 2001. A
specialist in peace support operations, Dr.
Murphy founded and directs the Master’s
level programme in the area of
peacekeeping, which has been in place at
the Centre since September 2002. In 2006
he was also appointed director of the
Cross Border Programme run in
partnership with Queens University
Belfast. Dr. Murphy lectures in
International Peace Support Operations
and International Humanitarian Law.
In addition to his position at the Irish
Centre for Human Rights, Dr. Murphy is
an external faculty of the Pearson
Peacekeeping Centre, Canada; the
Institute for International Criminal
Investigations, The Hague, Netherlands
and San Francisco, United States; and the
International Institute of Humanitarian
Law at San Remo, Italy. Dr. Murphy is
also the external examiner for the Law
Society of Ireland and for the University
of Ulster. He is on the editorial board of
Trocaire Development Review and is also a
regular contributor to national and local
radio debates and occasionally contributes
to national newspapers.
Dr. Kathleen Cavanaugh is from the
United States. She obtained her PhD in
the Department of Government at the
London School of Economics & Political
Science and an LL.M in Comparative
International and Human Rights Law at
Queen’s University of Belfast. She has
previously taught in the Faculties of Law
and Political Science at Queen’s
University of Belfast and the Department
of Politics at University College Dublin.
She has participated in numerous
international and professional
conferences, has written extensively on
the question of political violence in
ethnically divided societies, the question
of self-determination and autonomy
regimes, and has undertaken considerable
field work in regions experiencing ethnic
conflict, including Northern Ireland,
Cyprus, Israel/Palestine and Iraq.
From September 2006-2007 Dr.
Cavanaugh was on sabbatical from the
Centre as a visiting scholar at the Centre
for Socio-Legal Studies, University of
Oxford. During this period she worked on
a project entitled ‘Violence and the Liberal
State’. The case studies for the research
focus on Northern Ireland, Great Britain
and Gujarat, India. During the period Dr.
Cavanaugh published a number of articles
and papers and also lectured in the United
Kingdom, Iran, France and Mexico.
For over a decade, Dr. Cavanaugh has
been actively involved in both locallybased and international NGOs. Currently
she is Chair of Amnesty International
(Irish Section) and a member of the
Amnesty International Policy Committee.
She is also a member of the Al-Haq
(Palestine) steering committee.
Prof. Joshua Castellino is Adjunct
Professor of Law affiliated to the Irish
Centre for Human Rights. He is currently
Professor of Law and Head of Law
Department at Middlesex University,
London and was a full time member of
the teaching faculty at the Centre from its
commencement in 2000 until 2006. He
played a major role in the development of
the Centre as a premier human rights
educational institution and is actively
involved in the work of the Centre. He is
the driving force behind the Centre’s
acclaimed annual Minority Rights
Summer School.
Dr. Elvira Domínguez Redondo is an
Adjunct Lecturer affiliated to the Irish
Centre for Human Rights. She is
currently Senior Lecturer in Law at
Middlesex University, London. She
worked at the Centre as holder of an
ICHRSS Post-Doctoral Research
Fellowship from 2004-2005.
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STRUCTURE AND
PERSONNEL
Aoife Daly teaches a course on
International Law and the Rights of the
Child for the LLM in International
Human Rights Law at the Irish Centre
for Human Rights. Ms. Daly received an
undergraduate degree in Applied
Psychology from University College
Cork and is also a graduate of the
Centre’s LLM in International Human
Rights Law. In 2004 she took up a
position as Research Fellow at the
Children’s Research Centre in Trinity
College Dublin. She is researching a
PhD in the Law School in T.C.D. on
‘State Implementation of Children’s
International Legal Right to be Heard in
Proceedings that Affect them’. In
addition to lecturing at the Centre, Ms.
Daly also lectures in Dublin City
University. She has published a number
of articles during 2007 and has also
presented papers at conferences in
Ireland, the United Kingdom and
Belgium.
Peter Fitzmaurice lectures on Refugee
Law for the LL.M in International
Human Rights Law 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.
Mr. Fitzmaurice studied law as an
undergraduate at Kings College in
London and Leiden Univeristy in the
Netherlands. He holds a Masters degree
in Human Rights Law from Queens
University, Belfast and is currently
pursuing a Doctoral Degree in Human
Rights Law at the Irish Centre for
Human Rights. He is a qualified solicitor
and has practiced in the fields of
employment, equality, immigration and
human rights law in Northern Ireland.
Dr. Vivienne O’Connor holds a Bachelor
of Civil Law from University College
Dublin (1999) and a Masters of Law in
International Human Rights Law from
the National University of Ireland
Galway (2001). She graduated with a
PhD in International Human Rights
Law in December 2007. Her PhD
examines post-conflict criminal law
reform and the use of model codes as a
potential reform tool.
From 2002-2007, Vivienne worked at the
Irish Centre for Human Rights as the
Rule of Law Project Officer and CoDirector of the Model Codes for PostConflict Criminal Justice. She is now a
Rule of Law Program Officer at the
United States Institute of Peace.
Dr. Nadia Bernaz is from France. She
obtained her PhD from the University
Paul Cézanne, Aix-Marseille III (France).
Prior to joining the Centre in January
2007, Dr. Bernaz taught various aspects
of French public law and Public
international law in the faculty of law at
the University Paul Cézanne, AixMarseille III. There, she also coached
several student teams for the René
Cassin and Philip Jessup Moot court
competitions, in human rights law and
public international law. Dr. Bernaz
currently teaches public international
law and international criminal law and
is the director of the Centre’s PhD
programme.
In 2006-2007, Dr Bernaz participated at
several conferences in different parts of
Europe and provided training on human
rights law for Amnesty International in
Ireland.
Noam Lubell joined the staff of the Irish
Centre for Human Rights in June 2007.
Before joining the Centre, Mr. Lubell
was the Co-Director of the International
Law Amicus Curiae Clinic at the
Concord Research Center in Israel, and
a Visiting Research Fellow at the Harry
S. Truman Research Institute for the
Advancement of Peace, at the Hebrew
University, Jerusalem. In the years prior
to that, Mr. Lubell was based at the
University of Essex in the UK, where he
was a Senior Researcher at the Human
Rights Centre and also taught
international human rights law and the
laws of armed conflict, within the
University of Essex Law Department.
Mr. Lubell holds a BA in philosophy
from the Hebrew University, an LLM in
International Human Rights Law from
Essex University, and is currently
completing his PhD at the Essex Law
Department. During the last ten years
Noam 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
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STRUCTURE AND
PERSONNEL
conflict, for various international
organisations and bodies such as
Amnesty International, the UK
government, and the BBC. Noam has
taught, researched and published articles
on a variety of topics in the fields of
international human rights law and
international humanitarian law. Mr
Lubell currently lectures on States of
Emergency: Counter Terrorism and
Human Rights and International
Humanitarian Law at the Centre.
During the course of 2006-2007 Mr.
Lubell provided specialist training in
international human rights law and
international humanitarian law in
London for the International Secretariat
of Amnesty International, the UK
Government Department for
International Development and the UK
Foreign and Commonwealth Office. He
presented at expert meetings in the
United States and Israel and also gave a
number of public lectures and media
interviews in Israel, Europe and North
America.
Dr. Terry O’Neill is a former Colonel in
the Irish Defence Forces. He has
experience with United Nations
peacekeeping missions in Lebanon,
Angola and the Congo. He completed
his M. Phil in Peace Studies with the
Irish School of Ecumenics in 1992, and
he was awarded a Ph.D. from Dublin
University (Trinity College) in 2001. The
title of his thesis is The Adaptation of
Peacekeeping in the post Cold War
International System. Dr O’Neill’s area of
research is peacekeeping, and he has coauthored a book, Basic United Nations
Peacekeeping in the Post-Cold War Era. Dr.
O’Neill is a regular lecturer on the Irish
Centre for Human Rights LLM in Peace
Support Operation. In addition to his
position at the Centre, Dr. O’Neill is an
External Lecturer at Dublin City
University, Department of Law and
Government, and a Research Associate
at Trinity College Dublin, Department of
Modern History.
Michael D. Higgins TD 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.
He is a former Minister for Arts,
Culture, and the Gaeltacht (1993- 1997),
was first elected to the Dáil in 1981 and
has been a deputy from 1987 to present.
He was a senator for the NUI
constituency from 1982-1987 and was a
Taoiseach’s nominee to the Seanad
between 1973-1977.
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.
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PREMISES AND
EQUIPMENT
The Irish Centre for Human Rights,
NUI Galway
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
linking 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 twentieth 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.
In the first years of the Centre’s activity,
the building was partially used by NUI
Galway for other purposes. Since 2002,
due to the growth in activities of the
Centre, the entire building has been
devoted to the Irish Centre for Human
Rights.
In 2003, work was completed on a major
refitting of the study centre within the
building, created new dedicated work
spaces equipped with computers and
internet access for PhD students and a
number of shared spaces for masters
students. PhD students also have their
own locked storage compartments in
which to keep books and other valuables.
To ensure a quiet working environment,
printing and photocopying facilities for
students have also been relocated to a
separate copy room.
In order to enable students to work from
personal laptops if preferred the Irish
Centre for Human Rights is also on a
wireless network.
In addition to the facilities available at the
Centre, the James Hardiman Library on
the main NUI Galway campus provides
two dedicated postgraduate reading rooms
on the first and second floors, with work
spaces for up to 20 students in each.
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POSTGRADUATE
EDUCATION
Masters Programmes
Students pursuing the masters
programmes at the Centre come from a
broad range of countries including:
Angola, Australia, Belgium, Canada,
China, Germany, Iran, Ireland, Italy,
Norway, Pakistan, Palestine, Russia,
South Africa, Spain and the USA. The
diversity of the group in terms of culture,
nationality, age, experience, and gender
greatly adds to the dynamism of the
programmes and the life of the Centre in
general.
The LLM in International Human Rights
Law is the Centre’s flagship postgraduate
programme. Launched in September
2000, the course aims to prepare
graduates for work in the field of
international human rights, with
international organisations, NGOs and as
individual advocates. The course
emphasises the communication, analysis
and critique of international human
rights law and legal regimes. While the
main focus of the course is legal, it
accepts suitably qualified candidates from
other backgrounds in the firm belief that
human rights itself is multi-disciplinary.
From 2003-2006 the programme was
directed by Dr. Kathleen Cavanaugh; in
2006, Dr. Vinodh Jaichand took over
direction of the programme.
Launched in 2002, the LLM in Peace
Support Operations is now in its sixth
successful year. The programme draws
upon the resources of the LLM in
international human rights, but adds
specialised courses in peacekeepingrelated matters. The LLM in Peace
Support Operations is directed by Dr. Ray
Murphy. Dr. Terry O’Neill assists in the
delivery of the programme. The
programme provides academic credit for
practical experience in the field. Many of
the students enrolled have worked
previously in peace support operations
with the Irish Defence Forces.
Teaching for the LLM programmes was
delivered by the Centre’s faculty, with
additional support from adjunct and
visiting lecturers. Courses offered
include: Introduction to Human Rights
Law (Professor William Schabas);
European Convention on Human Rights
(Dr. Ray Murphy); Contemporary Issues
in Human Rights: Fundamentals of
Public International Law (Prof. Joshua
Castellino); Economic, Social and
Cultural Rights (Dr. Vinodh Jaichand);
Peace Support Operations (Dr. Murphy);
International Humanitarian Law (Dr.
Murphy); International Criminal Law
(Professor Schabas); Child Rights (Aoife
Daly); and Refugee Law (Dr. Nadia
Bernaz and Mr. Peter Fitzmaurice).
The seventh year of the LLM in
International Human Rights Law was
completed in August 2007. A total of 46
students were enrolled in the programme
full-time, with a further 20 part-time
students. Six students enrolled in the
LLM in Peace Support Operations as fulltime students, with a further 3 part-time
students.
In partnership with Queen’s University
in Belfast, the Centre successfully
launched a one-year Cross-Border LLM
programme in International Human
Rights and Criminal Justice in 2002.
Students spent the first semester at
Queen’s and the second semester at the
Centre. Over the summer months they
write a dissertation, under the
supervision of faculty members in one or
other of the two institutions. From 20022006 the programme was directed by Dr.
Kathleen Cavanaugh; in 2006, Dr.
Murphy took over the direction of the
programme.
The Centre continues to participate
actively in the European Master’s
Programme in Human Rights and
Democratisation offered by a consortium
of universities from European Union
countries. Four students were hosted at
the Centre during the second semester.
Prof. Castelino and Peter Fitzmaurice
lectured in Venice and the EMA students
hosted in Galway took classes given by
Dr. Murphy, Mr. Fitzmaurice, Prof.
Schabas and Dr. Jaichand. Dr. Jaichand
took part in the exam commissions in
Venice for the dissertation defenses in
September.
The Centre also participates in the
Mediterranean Masters in Human Rights
and Democratisation, which is based in
Malta. Dr. Jaichand represents the Centre
at administrative functions of the
programme.
From September 2008, the Irish Centre
for Human Rights will offer a new
Masters programme in International
Criminal Law. Designed and delivered by
experts unrivalled in the field, the LL.M.
in International Criminal Law at the Irish
Centre for Human Rights will provide
students with an advanced understanding
of the history and institutional structures
of the various international criminal
tribunals and the International Criminal
Court. It will equip students with an indepth 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. The LL.M. in
International Criminal Law is typically a
one-year Masters programme that
involves two semesters of courses and the
preparation of a dissertation, although it
is also available on a part-time basis over
two years. The degree of Master of Law in
International Criminal Law is awarded by
the Faculty of Law at the National
University of Ireland, Galway.
The Hague Field Trip
Initiated in 2005, an annual field trip is
made to The Hague by students of the
Centre to view firsthand the international
judicial institutions housed in the city. In
2007 students had the opportunity to visit
the International Criminal Tribunal for
the former Yugoslavia, the International
Criminal Court and the International
Court of Justice. Students on the trip
were fortunate that senior members at
each of the institutions on the itinerary
were willing to take time to meet with the
group including Second Vice-President of
the International Criminal Court, Mr.
Justice René Blattmann, as well as
representatives from the office of the
presidency, the registry and the office of
the prosecutor. Students also had the
privilege of being addressed by Justice
Buergenthal at the International Court of
Justice and were equally well received at
the International Criminal Tribunal for
the Former Yugoslavia by Justices Agius
and Schomburg, Mr. Ruxton and Ms.
Brady from the Office of the Prosecutor
and defence council Eugene O’Sullivan.
Jean Pictet Law Competition
In April 2007, three LLM students,
Sophie Link, Gabrielle Chaizy and Jaye
Alderson represented the Irish Centre for
Human Rights at the 19th edition of the
Jean Pictet International Humanitarian
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POSTGRADUATE
EDUCATION
Law Competition, which was took place
in EL Escorial, Spain. The Jean Pictet
competition involves a simulation
exercise where students enact different
actors typically involved in an
international armed conflict. In 2007, 59
teams from 37 countries participated in
applying international humanitarian law
concepts to a fictitious conflict. During
the drafting process in plenary sessions,
the team got a taste of how difficult it is
to reach agreement over the provisions of
an international instrument and had to
overcome the problems posed by the
participation of representatives from
many different cultures with often
conflicting interests. Students also
learned first-hand how hard it is to apply
theoretical concepts to an ongoing
conflict and to reconcile the laws of war
with human rights.
Internships Programme
The Centre provides students at LLM and
PhD levels with a number of
opportunities to conduct internships with
international institutions and nongovernmental organisations (NGOs) in
the field of human rights.
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 minor dissertations.
LLM students from the class of 2006-2007
were placed in internships with a variety
of organisations including: the
International Bar Association in The
Hague; Social Accountability
International in New York; a UN
Internship 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.
PhD Programme
The Irish Centre for Human Rights
launched its PhD programme in 2001.
There are currently almost 50 students
pursuing PhD studies in human rights at
the Centre. In 2006 14 new students
registered on the programme and in 2007
there were a further 10 new doctoral
candidates.
Every PhD student is assigned to an
academic supervisor at the Centre who
can provide advice and guidance
throughout the research and writing
process. Students also meet as a group
with Professor William Schabas, or
another member of academic staff, on a
regular basis to discuss contemporary
human rights issues of mutual interest.
These monthly meetings also help to
foster a sense of community among PhD
students at a time when they are involved
in what can often be a somewhat solitary
pursuit.
In addition, the Centre hosts a PhD
seminar every spring, which provides
students with an opportunity to present
their research and receive constructive
feedback from an expert panel. In April
2007 the Centre hosted its annual
doctoral seminar for the sixth consecutive
year. Visiting academics included
Professor Kevin Boyle, Director of the
Human Rights Centre at the University
of Essex who presented on Freedom of
Expression; Ralph Steinhardt, Professor
of Law and International Affairs at the
George Washington University Law
School who lectured on Corporate
Responsibility and Francois Crépeau,
Professor of International Affairs at the
University of Montreal who discussed
International Migration; Security
Concerns and Human Rights Standards.
The seminar was chaired by the Centre’s
director, Professor William Schabas and
by lecturer Dr. Nadia Bernaz, who also
gave a presentation on the Reform of the
UN Human Rights Protection
Procedures.
Since the PhD programme was launched
in 2001, ten students have graduated after
successfully completing their doctoral
thesis while a number of others are
expected to submit their work in the
coming academic year. The Centre is
proud to confirm that all of its PhD
graduates now hold either full-time
permanent university teaching positions
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POSTGRADUATE
EDUCATION
or positions with prominent human
rights organisations and have either
published or are in the course of
publishing their theses.
On 14 June, Dr. Vivienne O’Connor
defended her thesis on ‘The ‘Model
Codes for Post-Conflict Criminal Justice’:
A Tool to Enhance the Substance and
Process of Post-Conflict Criminal Law
Reform’. Dr. O’Connor has taken up a
position as Rule of Law Advisor as part of
the United States Institute of Peace Rule
of Law Programme in Washington DC.
Dr. Mohamed Elewa Badar followed on 7
July with his topic of ‘The Concept of
Mens Rea in International Criminal Law’.
Dr. Elewa Badar is a lecturer in law at the
School of Law—University of Brunel,
West London. He is the Notes and
Comments Editor of the International
Criminal Law Review.
Dr. Megan Fairlie graduated in June 2007.
Her doctoral thesis examined the
developing regime of international
criminal practice and procedure, with a
particular focus on fair trial rights.
Establishing the ability of the activity of
the UN ad hoc tribunals to affect practice
elsewhere, her PhD draws attention to
discrete areas wherein tribunal practices
fall short of creating a justice ideal. Dr.
Fairlie is presently an Assistant Professor
of Law at Florida International University
College of Law in Miami.
Dr. Mohamed M. El Zeidy graduated in
November 2007. His doctoral thesis was
entitled ‘The Principle of Complementarity
in International Criminal Law’. A
monograph based on his thesis to be
published by distinguished international
house Brill/Martinus Nijhoff. Dr. El
Zeidy is currently working as a Legal
Officer at the Pre-Trial Division of the
International Criminal Court in the
Hague, The Netherlands.
Dr. Kamran Hashemi graduated in July
2007. His PhD thesis, ‘Religious legal
traditions, international human rights
law and Muslim States’, offers an
exploration of aspects of the subject,
Islam and Human Rights, which is the
focus of considerable scholarship in
recent years. He is currently a lecturer of
human rights and international law at the
School of International Relations( SIR) in
Tehran- Iran.
A number of PhD students receive
fellowships from the Irish Centre for
Human Rights every year. Maria Varaki,
Jeroen Temperman and Éadaoin O’Brien
are currently in receipt of doctoral
fellowships from the Centre.
In addition, two doctoral candidates from
the Centre, Roja Fazaeli and Annabel
Egan were awarded post graduate
scholarships from the Irish Research
Council for the Humanities and Social
Sciences. Ms. Fazaeli is conducting
research into international human rights
and Islamic law governing women in the
Shi’a sect. Ms. Egan is conducting
research into the development of EU
human rights policy on China.
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SUMMER
SCHOOLS
Pictured above: John McManus, Judge
Kimberly Prost, Professor William A.
Schabas, Professor Sharon A. Williams
and Professor Michael Scharf during
the panel discussion on ’Recent
Developments and Key Challenges’ at
the ICC Summer School.
The Centre’s highly successful annual
summer schools on Minority Rights,
Indigenous People and Human Rights
Law and the International Criminal Court
took place once more in 2007. Two highly
acclaimed summer school programmes,
these week-long courses offered
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.
The seventh annual summer school on
Minority issues, Indigenous peoples and
Human Rights Law was held from 17-22
June 2007. The aim of the programme 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. Participants at the 2007 summer
school were addressed by international
experts on minority rights including
Professor Joshua Castellino, Professor
Michael O’Flaherty, University of
Nottingham, who was the first Irish
member of the UN Human Rights
Committee, Prof. David Kretzmer,
Transitional Justice Institute, University of
Ulster, Dr. Alexandra Xanthanki,
University of Brunel and Mr. Vincent de
Graaf, Office of the High Commissioner
for National Minorities, Vienna, Austria.
The Irish Centre for Human Rights held
its eighth annual International Criminal
Court Summer School this year from 1116 June 2007. The International Criminal
Court is arguably one of the most
important international institutions
formed since the establishment of the
United Nations. The court is aimed at
combating impunity for genocide, crimes
against humanity and war crimes.
Participants at the summer school were
addressed by a host of key international
experts in criminal law including Judge
Snag-Hyun Song, Appeals Division of the
International Criminal Court, who
delivered the keynote address on the
opening night. Other prominent speakers
included Judge Kimberly Prost, Ad-Litem
Judge at the International Criminal
Tribunal for the former Yugoslavia; David
Tolbert, Deputy Prosecutor at the
International Criminal Tribunal for the
former Yugoslavia and Professor Michael
Scharf, Director of the Frederick K. Cox
International Law Center.
Apart from a rigorous teaching
Programme, a simulated trial was held at
Galway Courthouse and participants
enjoyed a screening of the film ‘Judgment
at Nuremberg’. Participants and faculty
also had the chance to unwind with a boat
cruise on Lake Corrib and a half-day trip
to the Aran Islands.
Every year since 2001, the Irish Centre for
Human Rights has hosted a five-weeklong summer programme in international
human rights offered by a consortium of
universities in the United States and led
by the New England School of Law,
Boston. As well as providing a venue for
the programme, several members of the
Centre’s faculty also deliver courses for
the programme that are credited towards
American Bar Association approved law
degrees. Approximately 50 students from
United States law schools attend the
programme each year.
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RESEARCH AND
PUBLICATIONS
During 2006-2007, faculty at the Centre
have written or edited five books, which
have been published by leading
international publishing houses, as well
as over 50 articles. During the same
period faculty and students have delivered
more than 70 papers at conferences. The
Centre has also been active in organising
a number of conferences and worked on a
commissioned report.
CONFERENCES
Peacekeeping Conference
A conference to celebrate Africa Day and
International Peace-Keepers day, entitled
“Africa and Peacekeepers: Positive
Impact?” took place at the National
University of Ireland, Galway on Saturday,
26 May, 2007. Organised by the Irish
Centre for Human Rights at the
University in conjunction with Amnesty
International, and supported by Irish Aid,
Department of Foreign Affairs, the free
and public conference addressed the
impact of peace-keepers in general and
Irish peace-keepers in particular in Africa.
A wide range of international experts
addressed the event including Dr. Noel
Kinsella, Speaker of the Canadian Senate,
international human rights advocate and
academic. Other key speakers included
representatives from Trocaire, the Irish
Defence Forces, the Department of
Foreign Affairs, Irish Aid and the Liberian
Refugee Community.
United Nations Charter Bodies
Cambridge University Press.
In July, the ICHR co-sponsored a
conference in Potsdam, Germany, entitled
The Protection of Human Rights by the
United Nations Charter Bodies which
gathered international experts, both
academics and practitioners, of the
United Nations Human Rights bodies,
who engaged in stimulating debates about
the current reforms undertaken within
the United Nations Human Rights
machinery, including the perspectives of
the newly established Human Rights
Council.
Murphy, Ray 2007. UN Peacekeeping in
Lebanon, Somalia and Kosovo: Legal and
Operational Issues in Practice, Cambridge:
Cambridge University Press, 375 pp.
REPORTS
Human Rights and
Peacebuilding
Professor Schabas and Peter Fitzmaurice
launched a new report entitled ‘Respect,
Protect & Fulfil… A Human Rights-Based
Approach to Peacebuilding and
Reconciliation’ on March 26. Professor
Monica McWilliams, the Chief
Commissioner of the NI Human Rights
Commission chaired the launch which
took place in the Fairways Hotel,
Dundalk. The report was commissioned
by Border Action and is intended to raise
awareness and promote discussion
among policy and decision-makers as well
as peace-building projects throughout
Ireland and further afield.
BOOKS & MONOGRAPHS
Scientific Development
In June 2007, the Irish Centre for Human
Rights, together with the Amsterdam
Centre for International Law (University of
Amsterdam) and UNESCO, held a
conference on the right to benefit from
scientific progress, which is set out in
article 27 of the Universal Declaration of
Human Rights and article 15 of the
International Covenant on Economic,
Social and Cultural Rights. The
conference, which was conducted over two
days, included sessions on the REBSP and
the right to development, the REBSP and
the right to adequate food, the REBSP and
the right to health, the REBSP and the role
of ethics, the REBSP and the right to
education, the REBSP and the right to
seek, receive and impart information and
the RESBP and intellectual property.
Murphy, Ray 2007. UN Peacekeeping in
Lebanon, Somalia and Kosovo: Legal and
Operational Issues in Practice, Cambridge:
Schabas, William A. 2007. International
Human Rights Law and Canadian Law:
Legal Commitment, Implementation and the
Charter, 3rd ed., Toronto: Carswell, lxiv,
532 pp. (with Stéphane Beaulac).
EDITED VOLUMES
Jaichand, Vinodh 2006. Anti-discrimination
for the Judiciary, Vienna: Neuer
Wissenschaftlicher Verlag (co-edited with
A. Sembacher, and K.Starl).
O’Connor, Vivienne & Rausch, Colette
eds. 2007. Model Codes for Post-Conflict
Criminal Justice: Volume I - Model Criminal
Code, Herndon: United States Institute of
Peace Press (with Hans-Joerg Albrecht
and Goran Klemencic).
Schabas, William A. ed. 2007.
Accountability for Atrocity, Tokyo: UN
University, 285 pp. (co-editor, with
Ramesh Thakur & Edel Hughes).
ARTICLES, CHAPTERS
AND REPORTS
Bernaz, Nadia 2007. “Observations
critiques sur l’exclusivité proclamée des
sources formelles du droit dans la
jurisprudence administrative”, Revue de la
Recherche Juridique, 2007-2, pp. 833-852.
Participants in the Protection of Human Rights by the United Nations Charter Bodies
Conference, Potsdam July 2007. Left to right: Mariette Grange, Dr Nadia Bernaz,
Professor David Kretzmer, Dr Markus Schmidt
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PUBLICATIONS
Cavanaugh, Kathleen 2007. Regulating
Diversity: Religious Pluralism in a
European Context. In K.S. Nathan, ed.,
Religious Pluralism in Democratic Societies:
Challenges and Prospects for Southeast Asia,
Europe, and the United States in the New
Millennium, Konrad Adenauer Foundation
(KAF) and Malaysian Association for
American Studies (MAAS), pp.177-205.
Cavanaugh, Kathleen 2007. Tribunaux
militaries et le cas d’Israël. In Elisabeth
Lambert-Abdelgawad, ed., Tribunaux
militaires et juridictions d’exception:
perspectives comparées et internationals, ed.
de l’AUF, Coll. “Actualités francophones”.
Cavanaugh, Kathleen 2007. Islam and the
European Project. Muslim World Journal of
Human Rights, 4(1), Article 6.
Murphy, Ray, 2007. UN Peacekeeping in
Lebanon, Somalia and Kosovo: Legal and
Operational Issues in Practice,
Cambridge: Cambridge University Press.
Cavanaugh, Kathleen 2007. The Israeli
Military Court System in the West Bank
and Gaza. Journal of Conflict and Security
Law, 12(1), pp.1-26.
Daly, Aoife 2007. Teaching the Celtic
Tiger: The Right to Education in the
Republic of Ireland. In Alen et al. (eds),
The Convention on the Rights of the Child:
Theory meets Practice, Intersentia:
Antwerpen.
Daly, Aoife 2007. The Right to Education of
Children with Disabilities in the Republic of
Ireland. Geneva: Human Rights Features.
Daly, Aoife, and Whyte, J. 2007.
Reconceptualising Community Playgroups.
Dublin: Children’s Research Centre.
Farrell, Brian 2007. The Rights of
Detainees: Prisoners at Guantanamo Are
Entitled to Habeas Corpus. America, Sep.
24, 2007, at 18.
Hughes, Edel 2007. Entrenched
Emergencies and the ‘War on Terror’:
Time to Reform the Derogation
Procedure in International Law? New York
International Law Review, 20(2), pp.1-65.
Huges, Edel 2006. Political Violence and
Law Reform in Turkey : Securing the
Human Rights of the Kurds? The Journal
of Conflict Studies, Vol XXVI (2), pp.71103.
Hughes, Edel 2006. European Integration:
The Interaction Between European and
National Law. Criminal Law Forum, 17(4),
pp. 361-365.
Isomonoh, Adefemi 2006. An Issue
Overlooked in Nigeria’s Reforms: The
Continuation of Government
Discriminatory Practices. African
Sociological Review, 10(2), pp. 116-132.
Lines, Rick 2006. HIV/AIDS Prevention,
Care, Treatment and Support in Prison
Settings: A Framework for an Effective
National Response (co-author)
(UNODC/WHO/UNAIDS).
Lines, Rick 2006. Beyond the Principle of
Equivalence: The entitlement of
prisoners to health care standards higher
than those outside prisons. International
Journal of Prisoner Health, 2(4), pp.269280.
Lines, Rick 2006. Using the European
Convention on Human Rights to
Advocate for Needle/Syringe Programmes
in Prisons. HIV/AIDS Policy & Law Review
11(2).
Lines, Rick 2006. Silence Still Equals
Death: 25 Years of HIV/AIDS in Prison
(co-author). In S Matic JV Lazarus and M
Donoghoe eds. HIV/AIDS in Europe:
Moving from Death Sentence to Chronic
Disease Management, World Health
Organization Europe.
Lines, Rick 2006. Taking Action to Reduce
Injecting Drug-related Harms in Prisons:
The Evidence of Effectiveness of Prison
Needle Exchange in Six Countries,
(primary author). In LA Visano ed., Law
and Justice: A Critical Inquiry, Toronto,
APF Press.
Lines, Rick 2007. HIV Infection and
Human Rights in Prisons. In H Stöver
ed., Promoting Health in Prisons: The
Essentials – A WHO Guide, World Health
Organization Europe.
Lines, Rick 2007. Injecting Reason: Prison
Syringe Exchange and Article 3 of the
European Convention on Human Rights.
European Human Rights Law Review 1, pp.
66—80.
Lubell, Noam 2007. Parallel Application of
International Humanitarian Law and
International Human Rights Law: An
Examination of the Debate. Israel Law
Review, 40(2).
Mansson, Katarina 2006. Integration of
Human Rights in UN Peace Operations:
Is there a Model? In R. Murphy and K.
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PUBLICATIONS
Månsson eds, Peace Operations and
Human Rights, Special Edition of
International Peacekeeping, 13 (4), pp. 547563.
Mansson, Katarina and Murphy, Ray
2006. Perspectives on Peace Operations
and Human Rights. In R. Murphy and K.
Månsson eds, Peace Operations and
Human Rights, Special Edition of
International Peacekeeping, 13 (4).
Murphy, Ray & Mansson, Katarina (eds.)
2006. Edited Special Edition, 13(4)
International Peacekeeping (Journal) United
Nations Peace Operations and Human
Rights, 13(4).
Murphy, Ray 2006. An Assessment of UN
Efforts to address Sexual Misconduct of
UN Personnel. International Peacekeeping,
13 (4), pp. 530-546.
Murphy, Ray & Mansson, Katarina, 2006.
Perspectives on Peace Operations and
Human Rights. International Peacekeeping,
13(4), pp. 457-461.
Murphy, Ray, 2006. Gravity Issues and the
International Criminal Court. Criminal
Law Forum, 17, pp. 281-315.
Murphy, Ray 2006. Report on
International Humanitarian Law and
related developments in Ireland.
Netherlands Yearbook of Humanitarian Law
2004, Vol. 7, Cambridge University Press,
pp. 495-98.
Murphy, Ray 2007. Annotation of the
Defence (Amendment) Act, 2006. Irish
Current Law Statutes Annotated, Dublin:
Thompson/Round Hall, pp. 20.00 – 20.10.
Murphy, Ray, 2007. Annotation of the
International Criminal Court Act 2006.
Irish Current Law Statutes Annotated,
Dublin: Thompson/Round Hall, pp. 30.01
– 30.30.
Prud’homme, Nancie 2007. Lex Specialis:
Oversimplifying a More Complex and
Multifaceted Relationship. Israeli Law
Review, 40, 356.
Schabas William A. 2005. The
International Legal Prohibition of
Genocide Comes of Age. In Samuel
Totten, ed., Genocide at the Millennium: A
Critical Bibliographic Review. New
Brunswick, New Jersey: Transaction
Publishers, pp.169-184.
Schabas, William A. 2005. International
Criminal Tribunal for Rwanda. In The
Global Community : Yearbook of
International Law and Jurisprudence, Vol.
II, Dobbs Ferry, New York: Oceana
Publications, pp. 935-944.
Schabas, William A. 2006. ‘Comisiones de
la Verdad y Memoria’, in Felipe Gómez
Isa, ed., El derecho a la memoria, Bilbao:
Giza Eskubideak Derechos Humanos,
pp.101-112.
Schabas, William A. 2006. La relation
entre les Commissions Vérité et les
poursuites pénales : le cas de la Sierra
Leone. In Hervé Ascensio, Élisabeth
Lambert-Abdelgawad & Jean-Marc Sorel,
eds., Les juridictions pénales
internationalisées, Paris: Société de
Législation Comparée, pp. 209-240.
Schabas, William A. 2006. Reparation
Practices in Sierra Leone and the Truth
and Reconciliation Commission. In K De
Feyter, S. Parmentier, M. Bossuyt & P.
Lemmens, eds., Out of the Ashes,
Reparation for Victims of Gross and
Systematic Human Rights Violations,
Antwerp and Oxford: Intersentia, pp. 289308.
Schabas, William A. 2006. First
Prosecutions at the International Criminal
Court. Human Rights Law Journal, 25,
pp.25-40.
Schabas, William A. 2006. Recent
Developments in the Law of Genocide. In
Alice Yotopoulos-Marangopoulos, ed.,
L’État actuel des droits de l’homme dans le
monde, Défis et perspectives, Paris: Éditions
A. Pedone, pp. 125-146.
Schabas, William A. 2006. International
Justice for International Crimes: An Idea
whose Time Has Come. European Review,
14, pp. 412-439.
Schabas, William A. 2006. Truth
Commissions and Memory. In Felipe
Gomez Isa & Koen De Feyter, eds.,
International Protection of Human Rights:
Achievements and Challenges, Bilbao:
University of Deusto Press, pp. 657-666.
Schabas, William A. 2006. The Crime of
Torture and the International Criminal
Tribunals. Case Western Reserve Journal of
International Law, 37, pp.349-363.
Schabas, William A. 2006. Movement
Toward World Wide Abolition of the
Death Penalty. In Chen Zexian, ed.,
Strengthening the Defence in Death Penalty
Cases, Beijing: Chinese Academy of Social
Sciences, pp. 135-159 (in Chinese).
Schabas, William A. 2006. La prévention
des génocides et des massacres de masse :
un défi pour les Nations unies. London:
Minority Rights Group International, 38.
Schabas, William A. 2006. The Rights of
the Child, Law of Armed Conflict and
Customary International Law: A Tale of
Two Cases. In Karin Arts & Vesselin
Popovski, eds., International Criminal
Accountability and the Rights of Children,
The Hague: Hague Academic Press, pp.
19-36.
Schabas, William A. 2006. The “Odious
Scourge”: Evolving Interpretations of the
Crime of Genocide. Genocide Studies and
Prevention, 1, pp. 93-106.
Schabas, William A. 2006. The Sierra
Leone Truth and Reconciliation
Commission and the Special Court for
Sierra Leone. In Agata Fijalkowski, ed.,
International Institutional Reform, The
Hague: T.M.C. Asser Press, pp. 100-107.
Schabas, William A. 2006. Article 23. In
Olivier Corten & Pierre Klein, eds., Les
Conventions de Vienne sur le droit des traités,
Commentaire article par article, Brussels:
Bruylant, pp. 971-1022 (with Alain Pellet).
Schabas, William A. 2006. The Sierra
Leone Truth and Reconciliation
Commission. In Naomi Roht-Arriaza &
Javier Mariezcurrena, eds., Transitional
Justice in the Twenty-first Century, Beyond
Truth versus Justice, Cambridge:
Cambridge University Press, pp. 21-42.
Schabas, William A. 2006. Fair Trials and
National Security Evidence. International
Commentary on Evidence Article 9, 4.
Schabas, William A. 2006. International
Criminal Tribunal for Rwanda. In The
Global Community : Yearbook of
International Law and Jurisprudence, New
York: Oxford University Press, pp. 641654.
Schabas, William, A. 2007. Has Genocide
Been Committed in Darfur? The State
Plan or Policy Element in the Crime of
Genocide. In Ralph Henham & Paul
Behrens, The Criminal Law of Genocide,
International, Comparative and Contextual
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Aspects, Aldershot, UK: Ashgate, pp. 35-44.
Schabas, William A. 2007. Genocide and
the International Court of Justice: Finally,
a Duty to Prevent the Crime of Crimes.
Genocide Studies and Prevention 2:2, pp.
101-122.
Schabas, William A. 2007. Independence
and impartiality of the international
judiciary: Some lessons learned, and
some ignored. In Edel Hughes, William
Schabas & Ramesh Thahur, eds.,
Accountability for Atrocity, Tokyo: UN
University, pp. 182-207.
Schabas, William A. 2007. Concluding
Remarks: The Questions that Still
Remain. In Edel Hughes, William
Schabas & Ramesh Thakur, eds.,
Accountability for Atrocity, Tokyo: UN
University, pp. 275-285 (with Ramesh
Thakur).
Schabas, William A, Thakur, Ramesh &
Hughes, Edel eds. 2007. Accountability for
Atrocity, (Tokyo: UN University).
Schabas, William A. 2007. House of Lords
Prohibits Use of Torture Evidence, but
Fails to Condemn Its Use by the Police.
International Criminal Law Review, 7, pp.
133–142.
Schabas, William A. 2007. Independence
and Impartiality of the International
Criminal Judiciary. In Emmanuel Decaux,
Adama Dieng & Malick Sow, From
Human Rights to International Criminal
Law, Studies in Honour of an African Jurist,
the Late Judge Laïty Kama, Leiden and
Boston: Martinus Nijhoff, pp. 571-590.
Schabas, William A. 2007. International
Criminal Tribunal for Rwanda. In The
Global Community : Yearbook of
International Law and Jurisprudence, 2006,
Vol. I, Dobbs Ferry, New York: Oceana
Publications, pp. 641-654.
Schabas, William A. 2007. Regions,
Regionalism and International Criminal
Law. New Zealand Yearbook of International
Law, 4, pp. 3-24.
Schabas, William A. 2007. Prosecutor v.
Semanza, Commentary. In André Klip &
Goran Sluiter, eds., Annotated Leading
Cases of International Criminal Tribunals,
The International Criminal Tribunal for
Rwanda 2003, Vol. 12, Antwerp:
Intersentia, pp. 724-731.
Schabas, William A. 2007. Le Tribunal
spécial pour le Liban : Fait-il partie de la
catégorie de « certaines juridicstions
pénales internationales » ? Revue
québécoise de droit international (Hors-série),
pp. 119-132.
Schabas, William A. 2007. Whither
Genocide? The International Court of
Justice Finally Pronounces. Journal of
Genocide Research, 9, pp.183-192.
Schabas, William A. 2007. Semantics or
Substance: David Scheffer’s Welcome
Proposal to Strengthen Criminal
Accountability for Atrocities. Genocide
Studies and Prevention, 2, pp. 31-36.
Schabas, William A. 2007. Ireland, the
European Convention on Human Rights
and the Personal Contribution of Seán Mac
Bride’. In John Morison, Kieran McEvoy &
Gordon Anthony, eds., Judges, Transition,
and Human Rights, Oxford: Oxford
University Press, pp. 251-274.
Schabas, William A. 2007. Respect, Protect
and Fulfil, A Human Rights-Based
Approach to Peacebuilding and
Reconciliation, Border Action March 2007
(with Peter Fitzmaurice).
Takemura, Hitomi 2006. Disobeying
Manifestly Illegal Orders. Peace Review,
18(4), p.533.
Takemura, Hitomi 2007. Small Fish v. Big
Fish. International Criminal
Law Review,7(4) p. 677 (forthcoming).
Takemura, Hitomi 2007. The Concept of
Joint Criminal Enterprise in International
Criminal Law. The Hitotsubashi Journal of
Law and International Studies, 6(2)
(forthcoming). (In Japanese)
Temperman, Jeroen 2006. The Neutral
State: Optional or Necessary? – A Triangular
Analysis of State–Religion Identification,
Democratisation & Human Rights
Compliance. Religion and Human Rights –
An International Journal, 1(3), pp. 269-303.
Waldorf, Lars 2006. Mass Justice for Mass
Atrocity: Rethinking Local Justice as
Transitional Justice. Temple Law Review,
79(1).
Waldorf, Lars 2007. Censorship and
Propaganda in Post-Genocide Rwanda. In
Allan Thompson ed., The Media and the
Rwanda Genocide, London: Pluto Press.
Waldorf, Lars 2007. Conspiracy to Genocide,
Book Review. African Studies Review 50(1).
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17
RESEARCH AND
PUBLICATIONS
BOOK REVIEWS
Kathleen Cavanaugh
Schabas, William A. 2006. Review of
Michael Mann, The Dark Side of
Democracy: Explaining Ethnic Cleansing.
In International Affairs pp.384-385.
Faith in Democracy? Regulating Diversity
in a European Context. Fourth
International Conference on “Human
Rights and Religion,” Mofid University,
Qom, Islamic Republic of Iran (May 2007).
Schabas, William A. 2006. Review of
Marlies Glasius, The International
Criminal Court: A Global Civil Society
Achievement, Open Democracy, 17 February
2006
(www.opendemocracy.net/globalizationinstitutions_government/icc_3278.jsp)
MISCELLANEOUS
PUBLICATIONS
Cavanaugh, Kathleen 2006. Explicar la Ley
al Poder: el discurso de los derechos
humanos en las nuevas guerras. In
Dfensro,10, pp.6-9 [Translation: Juan
Carlos Rodríguez Aguilar]
Jaichand, Vinodh October 2007, Foreword
to The Integrating Experiences of African
Families in Ireland a report by Liam
Coakley and Piaras MacEinri for
Integrating Ireland.
Jaichand, Vinodh 2006, Foreword in Antidiscrimination for the Judiciary, Vienna:
Neuer Wissenschaflicher Verlag, pp. 5-6.
Lubell, Noam April 2006. Key Issues in
the Israeli-Palestinian Conflict from the
Viewpoint of International Law. Annex E
of Report of the Independent Panel for the
BBC Governors on Impartiality of BBC
Coverage of the Israeli-Palestinian Conflict,
BBC Board of Governors.
Schabas, William A. 2007. Helen Fein and
the Sociological Definition of Genocide.
In Joyce Apsel & Barbara Harff, eds.,
Essays in Honour of Helen Fein, New York:
International Association of Genocide
Scholars, pp. 57-61.
CONFERENCE PAPERS
AND GUEST LECTURES
Violence and the Liberal State Project.
Seminar for the Human Rights Centre,
University of Essex, Colchester, United
Kingdom (March 2007).
Reframing the Discourse of International
Law in Israel/Occupied Territories and
Iraq. Seminar for the Transitional Justice
Institute, University of Ulster, Derry,
Northern Ireland (February 2007).
Violence and the Liberal State Project.
Seminar for the Centre for Socio-Legal
Studies, University of Oxford, Oxford,
United Kingdom (October 2006).
Jurisdiction Militaires et D’Exception et
Lutte Contre L’Impunite. Jurisdiction
Militaires et D’Exception: Perspectives
Comparees et Internationales, L’Agence
Universitaire de la Francophonie, du
CNRS et de la Mission de Recherche
Droit et Justice, Paris, France (September
2006).
Northern Ireland: A Metaconflict
Revisited. Conference on Terrorism and
Human Rights, Universidad
Iberoamericana, Mexico City, Mexico
(September 2006).
Aoife Daly
Children’s Rights and the Proposed
Amendment to the Irish Constitution.
Newman Society Forum on the
Upcoming Referendum on the Rights of
the Child, University College Dublin,
Dublin (April 2007).
The Implementation of International Law:
The Right of Children to be Heard.
Dublin Legal Workshop, Trinity College
Dublin, Dublin (April 2007).
Nadia Bernaz
The Right of Children to be Heard in
Matters Affecting Them. Socio-Legal
Studies Association Conference,
University of Kent, United Kingdom
(April 2007).
The Reform of the UN Human Rights
Protection Procedures. Irish Centre for
Human Rights doctoral seminar (April
2007).
Carrying Out Interdisciplinary Research
in Human Rights Law: Children’s Rights.
Advancing Interdisciplinarity in Human
Rights Research, London School of
Economics, London, United Kingdom
(March 2007).
Researching the Right of Children to be
Heard. Representing Children and Young
People Through Research, University of
Sheffield, United Kingdom (January
2007).
The Right to Education in the Republic of
Ireland. Interdisciplinary Conference on
Children’s Rights, University of Ghent,
Ghent, Belgium (May 2006).
Vinodh Jaichand
Reflections on Human Rights Today.
Galway - Amnesty International, Ireland
Birthday Celebrations, City Library,
Galway (May 2007)
Accessing Rights: In Search of a
Comparative Perspective. Conference on
Courting Justice: the role of constitutional
courts in India, Brazil and South Africa.
Oxford University Centre for Brazilian
Studies, Oxford, United Kingdom (May
2007).
Pre-election Meeting with Civil Society and
the Political Parties. Chair of meeting,
Integrating Ireland, Dublin (April 2007).
Amnesty International Conference on
Economics and Human Rights. Chair of
the final session, Dublin (April 2007).
Racism and the Traveller People. Keynote
speaker on the opening of Galway Traveller
Movement Photographic Exhibition, City
Hall, Galway (March 2007).
Rights on the Money. 2006 Australasian
Law and Society Conference, Wollongong,
Australia (December 2006).
The African Regional System of Protecting
Human Rights. IV International
Colloquium of Human Rights, Sao Paulo,
Brazil (November 2006).
Keynote address to the Cheshire, Halton
and Warrington Racial Equality Council,
Chester, United Kingdom (November 2006).
Civil Society in the Post-Transformed Nepal.
INSEC Conference on Transitional Justice,
Kathmandu, Nepal (November 2006).
Incorporation of Economic, Social and
Cultural Rights in the New Constitution
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18
RESEARCH AND
PUBLICATIONS
of Nepal. INSEC Conference on
Transitional Justice, Kathmandu, Nepal
(November 2006)
context of Irish Foreign Policy. 59th.
International Summer School, University
College Dublin, Dublin (July 2007).
Noam Lubell
The Legal Basis for Humanitarian Action.
Irish Aid Rapid Response Initiative
Training, Kimmage Development Studies
Centre, Dublin (August 2007).
Administrative detention. Meeting of
Experts organized by the International
Committee of the Red Cross & Frederick
K. Cox International Law Center, Case
Western Reserve University , Cleveland,
United States (September 2007).
Violence, resistance and armed conflict
during occupation: the legal paradigms
and their implications. International
Conference on ‘Forty Years after 1967:
Reappraising the Role and Limits of the
Legal Discourse on Occupation in the
Palestinian-Israeli Context’, International
Committee of the Red Cross and the
Hebrew University, Jerusalem, Israel
(June 2007).
Ray Murphy
UN Peacekeeping in Lebanon. Annual
AHRI (Association of Human Rights
Institutes)) Conference, Indicators and
Monitoring Systems as Preventive Tools
for ensuring Peace and Security and Respect
for Human Rights in External PolicyMaking of the EU, The Ludwig Boltzmann
Institute of Human Rights Vienna, Baden,
Germany (September 2006).
International Human Rights Standards in
Peace Operations. Keynote Speaker,
Human Rights in Peace Operations,
United Nations Training School, Military
College, Defence Forces Training Centre,
(November 2006).
The Role of International Organizations
in Crisis Management Operations.
International Law Seminar,
Bundesministerium fur
Landesverteidigung Fleg, Vienna, Austria
(January 2007).
Humanitarian Intervention and
International Law. Command and Staff
Course, Command and Staff School,
Military College, Defence Forces, Kildare
(May 2007).
The European Union and current trends
in European Security and Defence Policy.
Annual Conference, Academic Council on
the United Nations System, City
University New York, New York, United
States (June 2007).
The International Criminal Court in the
International Humanitarian Law and the
OPT’s. Seminar on Israel and the
Occupied Palestinian Territories, Irish
Centre for Human Rights, Galway
(November 2006).
The political background to the conflict in
Darfur, Sudan. Amnesty International
Memorial Ceremony for Victims of
Darfur, St Nicholas Church, Galway
(November 2006).
The crisis in Darfur and current options.
Amnesty International talk by Emmanual
Kay on Child Soldiers and the conflict in
Sudan, Galway (December 2006).
The international failure to protect Darfur.
Global Awareness Week, Human Rights
Society, NUI Galway (March 2007).
William A. Schabas
Complementarity and the First
Prosecutions at the ICC. Association of
Human Rights Institutes Annual
Conference, Vienna, Austria (September
2006).
Terrorism and Human Rights.
Universidad Iberamericano, Mexico City,
Mexico (September 2006).
Human Rights Research in the
Knowledge Society. Irish Universities
Association, Humanities and Social
Sciences in 21st Century Ireland, Dublin,
Ireland (October 2006).
First Prosecutions at the International
Criminal Court. Josephine Onoh
Memorial Lecture, University of Hull,
Hull, United Kingdom, (October 2006).
Non-Refoulement. Follow-up Workshop on
Human Rights and International
Cooperation while Countering Terrorism,
Vaduz, Liechtenstein, (November 2006).
The Right to Benefit From Scientific
Progress. International Bioethics
Committee, UNESCO, Paris, France,
(November 2006).
ICHR08_1-32
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RESEARCH AND
PUBLICATIONS
The International Criminal Court.
Marangopoulos Foundation for Human
Rights, Athens, Greece, (November 2006).
The Relationship Between International
Human Rights Law and International
Humanitarian Law. London School of
Economics, London, United Kingdom
(November 2006).
Genocide in the Modern World.
University of Tübingen, Faculty of Law,
Tübingen, Germany, (December 2006).
Genocide in the Modern World.
Württembergische Landesbibliothek,
Bibliothek für Zeitgeschichte, Stuttgart,
Germany, (December 2006).
First Cases at the International Criminal
Court. London School of Economics,
London, United Kingdom, (January 2007).
First Cases at the International Criminal
Court. University of Warwick, Coventry,
United Kingdom, (January 2007).
First Cases at the International Criminal
Court. University of Oxford, Oxford,
United Kingdom, (January 2007).
Islam and Capital Punishment. Third
World Congress on the Abolition of the
Death Penalty, Paris, France (February
2007).
La pénalisation du droit des affaires.
Centre de recherche sur les droits de
l’homme et le droit humanitaire,
Univesité de Paris II, Paris, France
(February 2007).
Lecture, Queen’s University, Belfast,
Northern Ireland (April 2007).
Complementarity in Practice: Some
Uncomplimentary Thoughts.
International Colloquium, University of
Trento, Trento, Italy (May 2007).
The Right to Benefit from Scientific
Progress. University of Amsterdam,
Netherlands (June 2007).
International Law and Capital
Punishment. Launch Seminar on SinoEU project on Moving the Debate
Forward of Death Penalty in China,
Beijing, China (June 2007).
Developments at the International Criminal
Court. International Society for the Reform
of Criminal Law, 20th Annual Conference,
Vancouver, Canada (June 2007).
Truth Commissions, Accountability and
the International Criminal Court. The
Hague Joint Conference on
Contemporary Issues of International
Law: Criminal Jurisdiction 100 Years after
the 1907 Hague Peace Conference, The
Hague, Netherlands (June 2007).
The EU Guidelines on Capital
Punishment. EIUC Diplomatic
Conference, Venice, Italy (July 2007).
The ICC After Five Years: The Office of
the Prosecutor. Hemispheric Conference
on the International Criminal Court,
Mexico City, Mexico (August 2007).
PhD Students
Abolition of the Death Penalty.
Conference on Human Rights and Social
Justice, University of Winnipeg,
Winnipeg, Canada (February 2007).
Le droit international humanitaire, reflet
des valeurs fondamentales. International
Committee of the Red Cross, Paris, France
(March 2007).
The Role of the International Criminal
Court. Baker Peace Conference, Ohio
University, Athens, Ohio, United States
(March 2007).
Globalisation and the Canadian Charter.
Canadian Studies Association, Ottawa,
Canada (April 2007).
The International Criminal Court, Sixty
Years After Nuremberg. MacDermott
Lines, Rick. Giving Rights “Life Blood” –
Universal Access to Health under
International Human Rights Law, The
Right to HIV/AIDS Prevention, Treatment
and Care for Migrants and Ethnic
Minorities in Europe, Lisbon, Portugal
(June 2007).
Lines, Rick. A Most Serious Crime?
International Human Rights Law and the
Death Penalty for Drug Offences, 18th
International Conference on the
Reduction of Drug Related Harm,
Warsaw, Poland (May 2007).
Lines, Rick. Prison Health is Community
Health: Prisons, Health and Human
Rights, Health Promotion – Beyond the
Boundaries: 2007 Health Promotion Winter
School, Dundalk, Ireland (January 2007).
Lines, Rick. The Principle of Equivalence:
Floor or Ceiling?,9th European
Conference on Drugs and Infections
Prevention in Prison, Ljubljana , Sovenia
(October 2006).
Lines, Rick. Injecting Reason: Prison
Syringe Exchange and the European
Convention on Human Rights, XVI
International Conference on AIDS,
Toronto, Canada (August 2006).
Prud’homme, Nancie. Lex Specialis:
Oversimplifying a More Complex and
Multifaceted Relationship. Conference on
International Humanitarian Law and
International Human Rights Law:
Exploring Parallel Application, coorganized by the Minerva Center for
Human Rights, the Bruce Wayne Chair in
International Law (Hebrew University)
and International Committee of the Red
Cross, Jerusalem, Israel (May 2006)
Prud’homme, Nancie. Human Rights
and the Laws of War. Conference on The
War on Terror and Government Powers:
Emerging Paradigms, Minerva Center for
Human Rights, Hebew University,
Jerusalem, Israel (January 2007).
Prud’homme, Nancie. International
Humanitarian Law and International
Human Rights Law: Securing a Strong
and Coherent Partnership. International
Law Forum, Hebrew University,
Jerusalem, Israel (May 2007).
Prud’homme, Nancie. Visiting Research
Associate, Minerva Center for Human
Rights, Law Faculty, Hebrew University of
Jerusalem, Israel, (September 2006 to
June 2007).
Temperman, Jeroen. The Right to Neutral
Governance: Religion, the State & the
Question of Human Rights Compliance.
Fourth International Conference on
Human Rights: ‘Human Rights and
Religion’, Center for Human Rights
Studies, Mofid University, Qom, Islamic
Republic of Iran (May 2007).
Temperman, Jeroen. Women & the Right
to Neutral Governance. Conference on
Religious Visions in the Family: ‘Images
and Aspirations for Equality’, Emory
University School of Law, Atlanta, GA,
United States of America (May 2007).
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20
OTHER PROFESSIONAL
ACTIVITIES
Professor William A. Schabas
Dr. Vinodh Jaichand
Prof. Schabas was the academic director
of the Cinema and Human Rights
Summer School, European InterUniversity Centre for Human Rights and
Democratisation, Venice, from the 24
August to 11 September 2006 and again
in 2007 from 23 August to 10 September.
He was a lecturer on the International
Criminal Tribunal for Rwanda Chambers
Continuing Education Seminar,
Colloquium on Genocide and War
Crimes, Arusha, Tanzania, 16-17
September 2006 and between 18-20
September lectured in the Judicial College
of the War Crimes Chamber, Courts of
Bosnia and Herzegovina, Sarajevo. In
March 2007 he was a lecturer on the
Master on International Organisations,
International Criminal Law and Crime
Prevention, United Nations Interregional
Crime and Justice Research Institute,
Turin, Italy and in May was a lecturer on
the Specialisation Course in International
Criminal Law for Young Penalists,
International Institute of Higher Studies
in Criminal Sciences, Siracusa, Italy. He
was a tutor on the Master of Studies in
International Human Rights Law at the
University of Oxford in July 2007. In
August Prof. Schabas lectured at the
Zoryan Institute Course on Genocide in
Toronto and from 15-16 August was a
lecturer at the Salzburg School on
International Criminal Law. Professor
Schabas was a consultant for the 2006
production ‘Black Death in Dixie’, KMF
Productions, (Peadar King, Producer).
Over the course of the year Dr. Jaichand
taught International Human Rights Law
in the New England Summer School 1028 July, 2006, in the Mediterranean MA in
Human Rights and Democratization
Programme at the University of MaltaEconomic, Social and Cultural Rights, 30
January- 1 February 2007. He also taught
in the NUIG Department of Social
Sciences Nursing Degree on Health and
Human Rights, 24 January 2007 and
taught African Regional Human Rights
System at the International Human
Rights Academy Summer School,
Utrecht, 24 August 2007. Dr. Jaichand was
also active in advocacy work and chaired
the board meeting of Integrating Ireland
in Dublin on the 21 September 2006 and
again on 30 March 2007. He arranged and
chaired Ambassador Priscilla Jana’s lunch
time seminar, 20 September 2006 and he
spoke at the book launch of Dr. Jeremie
Gilbert, Irish Centre for Human Rights,
19 January 2007. He chaired and
organised the lunch time lecture by
Professor Oscar Viera Vilhena, Getulio
Vargas Law School, 1 March 2007. and
also chaired the book launch of Dr. Ray
Murphy’s publication on Peacekeeping at
the Irish Centre for Human Rights on 17
May 2007
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OTHER PROFESSIONAL
ACTIVITIES
Mr. Noam Lubell
Dr. Ray Murphy
Dr Nadia Bernaz
During the year 2006-2007, Mr. Lubell
delivered training on a number of human
rights and humanitarian law courses. In
October 2006 he trained on human rights
during conflict, as part of human rights
course for UK Government Department
for International Development in London.
Again in London he taught on protection
of human rights during conflict for the
UK Foreign Office in January 2007 and in
July instructed International
Humanitarian Law for staff of
International Secretariat of Amnesty
International.
In the course 2006-2007 Dr. Murphy
delivered a number of taught lectures and
was a guest speaker in a number of
specialised courses including: teaching
international humanitarian law on the 8th
Specialised Course on the Law of Armed
Conflict, Institute of International
Humanitarian Law, San Remo, Italy, 11-12
October, 2006 and he taught a module on
human rights to the European Masters
Degree in Human Rights and
Democratisation Programme in Venice,
20 November 2006. Dr. Murphy taught
international humanitarian law and
international criminal law in The Hague
as part of the 9th International
Investigators Course held by the Institute
for International Criminal Investigations,
27-30 November 2006 and provided
training of international humanitarian
law and international criminal law to
senior police investigators from the
Netherlands War Crimes Investigation
Unit, 11-13 December 2006. In January
2007 he taught international law on 2nd
Vienna Course on International Law for
Military Legal Advisors in Vienna. Dr.
Murphy delivered lectures in the United
Nations Training School and the
Command and Staff School, Military
College, Defence Forces Training Centre
in the Curragh, Co. Kildare. Dr. Murphy
delivered training in international
criminal law and international
humanitarian law to investigators and
police officers with the Extraordinary
Chambers in the Courts of Cambodia
established to investigate serious crimes
committed during the Khmer Rouge
regime from 1975-1979 in February 2007.
In 2007, Dr Bernaz delivered two training
courses for Amnesty international on
“The Development of Human Rights”.
Mr. Lubell chaired a seminar “Rendition
Flights and the Programme for
Government”, co-hosted by Amnesty
International Irish section and the Irish
Centre for Human Rights, held in Dublin,
in September 2007. Also that month he
participated and presented at a meeting of
experts on the topic of security detentions,
organized by the International Committee
of the Red Cross, and held at the
Frederick K. Cox International Law
Center, Case Western Reserve University ,
Cleveland, United States. In November
2007 Mr. Lubell delivered a public talk on
the human rights situation in the IsraeliPalestinian conflict, at the Irish Centre for
Human Rights (November 2007). Mr.
Lubell is a member of the Executive Board
of the Irish Section of Amnesty
International.
During June and July 2007, Dr. Murphy
was a guest speaker at the Irish Centre for
Human Rights summer schools – in June
on the International Criminal Court
Summer Course and the International
Minority Rights Summer Course and
during June-July lectured on the New
England School of Law Summer School.
In July he was a visiting Professor
speaking on ‘The Future of International
Criminal Justice’, Penn State Dickinson
School of Law, 2007 Capitals of Europe
Summer Programme, Vienna. Dr.
Murphy was also a guest speaker in
August 2007 at Irish Aid Rapid Response
Initiative Training, Kimmage
Development Studies Centre, Dublin.
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22
PROJECTS
Ireland participation in
International Human Rights
Law and Institutions
‘Ireland participation in International
Human Rights Law and Institutions’ is a
three year research project, funded by the
Irish Research Council for Humanities
and Social Sciences, which commenced in
March 2005 and will be completed in
February 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 subdivides 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
objective has transferred to drafting a
behind-the-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).
On 16 December 1971, Ireland submitted
an application to the European
Commission of Human Rights alleging
that the United Kingdom had breached its
obligations to protect the right to freedom
from torture or to inhuman or degrading
treatment (article 3) and the rights to
liberty and security of the person (article
5), to a fair trial (article 6) and to nondiscrimination (article 14) within the
context of the United Kingdom’s power to
derogate in time of public emergency
from its obligations under the European
Convention of Human Rights (article 15).
These accusations arose from evidence
compiled by the Irish Government on the
implementation of the policy of
internment (detention without trial)
during 1971 in Northern Ireland. Among
its allegations, the most significant was
the allegation of an administrative
practice of ill-treatment of detainees,
breaching article 3, prohibiting torture or
inhuman or degrading treatment, with
particular emphasis on the use of the
infamous ‘five techniques’; hooding, wall
standing, sleep deprivation, white noise
and deprivation of food and drink. The
Ireland v. United Kingdom case became
the first inter-State case brought before
the European Court of Human Rights and
consequently, the first application between
States before an international human
rights tribunal. Equally, it was the first
declaration by the European Court of
Human Rights on the definition of torture
under the article 3 whereby, contrary to
finding of the European Commission of
Human Rights, the ‘five techniques’ did
not meet the level of intensity and cruelty
to constitute torture but rather constituted
both inhuman and degrading treatment.
In consequence, the final monograph will
document the following; Ireland’s
involvement in the drafting of the
European Convention of Human Rights
(1949), its role in first application before
the European Court of Human Rights, the
Lawless v. Ireland case (1961), and
ultimately, a detailed and comprehensive
account of the first inter-State case before
the European Court of Human Rights,
Ireland v. United Kingdom case (1978).
In examining Ireland’s involvement, the
research primarily concentrates on
material available in the Irish government
papers housed in the National Archives of
Ireland, Bishop St., Dublin. However,
relevant material from the British
National Archives has also been collected
and analyzed. Additionally, the
Researcher, 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.
In the first year of the project (March
2005-06), the research focused on both
Ireland’s involvement in the drafting of
the European Convention of Human
Rights and First Protocol and the Lawless
v. Ireland case (1961). While the former
research primarily concentrated on the
Irish government papers, it also included
an examination of other archival
collections such as Seán MacBride’s
private papers, Trinity Manuscript Rooms
and University College Dublin Archives.
This work provided the basis for a paper
by Professor William Schabas entitled
‘Ireland, the European Convention of
Human Rights and the personal
contribution of Sean MacBride’ in John
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23
PROJECTS
Morison, Kieran McEvoy and Gordon
Anthony (ed.), Judges, Transition and
Human Rights (Oxford, Oxford University
Press 2007).
The research on Lawless v. Ireland case
included the recently released Attorney
General Office papers, which are an
important supplement to the previous
releases of the Department of Justice and
Foreign Affairs, which are
comprehensively discussed in Brian
Doolan’s work ‘Lawless v. Ireland (19571961): the first case before the European
Court of Human Rights: an international
miscarriage of justice’ (2001) Aldershot
Ashgate. Finally, 56 inadmissible
applications submitted to the European
Commission of Human Rights, during
the early period of its work, were
compiled. This work established that the
first application against Ireland was
submitted by an individual applicant as
early as 1955, less than two years after the
establishment of the European
Commission of Human Rights.
In the second year (March 06-07), the
researcher collected all available material
in the National Archives of Ireland and
the British National Archives on the case
of Ireland v. United Kingdom (1978). The
material from the Irish government
papers constitutes 170 files from recently
released archival documents from the
Department of the Taoiseach and Foreign
Affairs, including transcripts of meetings
between Heads of Government and other
senior officials, correspondence between
department officials and the legal team,
correspondence with the Strasbourg
institutions, legal opinions, drafts legal
pleadings and press cuttings.
The material from the British government
papers constitutes 110 files, including
material from the Prime Minister’s Office,
the Home Office, the Foreign Office, the
Northern Ireland Office (from its
inception in 1972) and the Ministry of
Defense. The British government papers
provide a valuable addition to the Irish
government papers, narrowing gaps in
the Irish papers on a number of aspects
of the case. Further, interviews of
members of the Irish legal team and
department officials involved in the case
have been ongoing since October 2006.
In the final year, two additional research
papers have been prepared. The first
paper examines the development of the
individual’s right to petition under the
European Convention of Human Rights
and the second narrates the period from
the introduction of internment in
Northern Ireland, on the 9th August 1971,
to the submission of Ireland’s complaint
to the European Commission of Human
Rights on the 16th December 1971
entitled ‘The Road to Strasbourg: politics,
secret investigation and poor weather –the
uncertain early days of the Ireland v. United
Kingdom case (1971-78)’
Important sub-projects additional to the
research have been developed. In July
2006, a project website was created to
provide a detailed outline of the research.
The content and layout was drafted by
Aisling O’Sullivan and the web-design
was created by web-technician, Mr.
Michael Coyne. The website is located at
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 only some of the
documents collected from the Irish State
papers. Since May 2007, Melissa
Ruggiero, a student from the cross-border
LLM in Human Rights and Criminal
Justice 2006/07, has been assisting with
this project.
Finally, a PhD project has been developed
and managed by Aisling O’Sullivan.
Several of ICHR PhD students are
researching material available in the Irish
government papers on Irish foreign policy
during the formative period of
international human rights law. This
PhD project will produce a collection of
papers to publish the results of the
research. The collection will include
research on Ireland’s ratification of the
Genocide Convention, Irish foreign policy
and the Occupied Territories, Ireland and
the Declaration against Torture (1975) and
Ireland and the UN Commission on the
Status of Women, among others.
Model Codes for Post-Conflict
Criminal Justice
The Model Codes for Post-Conflict
Criminal Justice Project was launched by
the Irish Centre for Human Rights and
United States Institute of Peace in 2001,
in cooperation with the United Nations
High Commissioner for Human Rights
and the United Nations Office on Drugs
and Crime. The model codes are a
criminal law reform tool tailored to the
needs of countries emerging from
conflict, which can be used by national
and international actors to create,
overhaul, update, or fill gaps in the
criminal laws in individual post-conflict
states.
From 2001-2006, the model codes were
drafted in consultation with over 250
leading experts from all around the world
and from a variety of backgrounds,
including international and national
judges, prosecutors, defense lawyers,
police, corrections officials, human rights
advocates, military lawyers and
international, comparative and criminal
law scholars. Drafts of the codes were
extensively vetted through a series of
intensive individual and institutional
consultations. In 2006-2007, work
continued to complete the four model
codes for publication – the Model
Criminal Code, the Model Code of
Criminal Procedure, the Model Detention
Act and the Model Police Powers Act. In
August 2007, the first volume of the
model codes (containing the Model
Criminal Code) was published by the
United States Institute of Peace. The
second volume (containing the Model
Code of Criminal Procedure) is due for
publication in winter 2007, while the third
volume (containing the Model Detention
Act and the Model Police Powers Act) will
be published in spring 2007. Once
published, copies of the model codes will
be available online at the Irish Centre for
Human Rights website. The model codes
have already proven a valuable resource to
international and national personnel
involved in criminal law reform in a
number of post-conflict environments,
including Liberia, Afghanistan, Sudan
and Nepal.
China Death Penalty Project
Officially launched in Beijing, China on
20-21 June 2007, the China Death Penalty
Project is a three year research project
into the abolition of the death penalty in
China. The project, which is funded by
the European Initiative for Democracy
and Human Rights, will involve research
into death penalty cases as well as survey
work on public opinion and the death
penalty. The academic element will be
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PROJECTS
complemented by a series of seminars
culminating in a recommendation to the
National People’s Congress and public
forums for discussion of the issues
surrounding the death penalty. The
project is being organised under the
directorship of the Great Britain China
Centre with the Irish Centre for Human
Rights as a partner organisation. On the
Chinese side the project is being lead by
the College for Criminal Law Science,
Beijing Normal University.
Ireland-China Human Rights
Academic Exchange
Building capacity within China on human
rights issues is making, and will continue
to make, an important contribution
towards reform within China. Although
China has not yet ratified the
International Covenant on Civil and
Political Rights, the level of serious
discussion about related issues suggests
that ratification is not far off.
In recognition of this, Development
Cooperation Ireland made a grant of
80,000 Euro to the Irish Centre for
Human Rights in 2005 to build upon and
deepen the exchanges and debates of the
EU-China Human Rights Network by
establishing the Ireland-China Human
Rights Academic Exchange.
The overall aim of the project is to
promote the rule of law and respect for
human rights in the People’s Republic of
China by building on the relationship
developed between the Irish Centre for
Human Rights and the Chinese Academy
of Social Sciences, Beijing. The project
will provide China with human rights
expertise at the highest academic level
from Ireland in both the context of the
ratification and implementation of the
two international human rights covenants
and other human rights instruments.
This will place Ireland in a central role in
the development of human rights in
China.
Refugee and Asylum Support
Unit
The Refugee and Asylum Legal Support
Unit within the Irish Centre for Human
Rights was established in April 2004 with
seed funding from the Joseph Rowntree
Charitable Trust. After some months of
planning and consultation with many
local actors in the West of Ireland,
training of post-graduate and undergraduate law students began in
September 2004.
The mission of the Unit is: to provide
undergraduate and post-graduate law
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PROJECTS
students with the opportunity to study the
theoretical elements of domestic and
international refugee and human rights
law and to apply this theory in practice
through the provision of legal research for
those providing representation to asylum
seekers and refugees; to help safeguard
the rights and well-being of asylum
seekers and refugees through the practical
application of academic research; and to
produce a pool of trained volunteers
available to work with agencies
representing asylum seekers and refugees
in the State.
The Unit team is headed by Director of
the Centre, Professor William Schabas,
with Peter Fitzmaurice acting as manager
and supervising solicitor.
Members of the Unit have also been
involved with the Irish Refugee Council,
the Galway Refugee Support Group and
the Women’s Human Rights Alliance in
providing legal training on aspects of
Ireland’s new citizenship laws to asylum
seekers and refugees. This has served to
further strengthen the links that already
existed between the Irish Centre for
Human Rights and local civil society
groupings. In addition the provision of
mixed classes with local practitioners has
allowed students to interact with legal
practitioners in this area and apply
theoretical knowledge to legal practice.
The experience of the Unit has
demonstrated the unmet need for
specialised information for all the actors
in the area of refugee law and more
importantly the need for members of the
refugee and asylum seeking community
to receive information on the nature of
their rights in Ireland and how they can
access those rights.
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SPECIAL EVENTS, VISITORS
AND LUNCHTIME SEMINARS
judiciary and the training offered; Justice
Langa spoke of his own experience of the
mandatory public interviews for members
of the court, and of the laudable judicial
training and sensitivity training given to
justices of the court. Justice Pius Langa
was one of six outstanding individuals
from the worlds of business,
philanthropy, justice, music and the arts
to be conferred with an honorary degree
from the National University of Ireland,
Galway on Friday 29 June, 2007.
VISITORS
Pictured from left to right: Dr. Vinodh
Jaichand and Justice Pius Langa, June 2007.
SPECIAL EVENTS
In November 2006 the ICHR hosted a
visit from Al-Haq, an international law
and human rights NGO based in
Ramallah. The ‘Al-Haq Speaking Tour’
was aimed at ‘Promoting Awareness and
Action on Ireland’s International Legal
Obligations in Relation to Occupied
Palestinian Territories’. Dr. Ray Murphy,
senior lecturer at the Irish Centre for
Human Rights delivered a lecture on ‘the
Laws of Occupation’ and
Khalid Quzmar, LLM student at the Irish
Centre for Human Rights, shared his
experience as a lawyer with the
organisation Defence for Children
International, Palestine. Gareth Gleed and
Mays Warrad, Al-Haq legal researchers,
delivered lectures and workshops at the
event pertaining, in particular, to the
Annexation Wall and to the Situation in
Gaza.
In June 2007, the Irish Centre for Human
Rights proudly hosted a visit by Justice
Pius Langa, Chief Justice of South Africa,
who delivered a seminar entitled, A
Review of the Work of the South African
Constitutional Court: the Retrospect and
Prospect. Justice Langa spoke of the
landmark decisions and the role of the
exemplary court in an engaging and lively
seminar. The Chief Justice explained the
system of access to the courts including
direct access to the constitutional court –
a system to obtain constitutional cases
directly from a high court – which can
help to speed up the lengthy process and
also limit the cost involved for petitioners.
The group also learned about the
composition of and hiring process for the
The academic year began with public
lectures from two speakers, both
prestigious international human rights
experts. The visits by Colin Gonsalves and
Prof. Conor Gearty on 5 and 6 September
2006, set the scene for another
stimulating and eventful year at the Irish
Centre for Human Rights. ‘The Challenge
of Social and Economic Rights’ was the
title of the lecture given by Colin
Gonsalves, Executive Director of the
Human Rights Law Network (HRLN) and
a pioneer in public interest law in India.
The HRLN is a human rights
organisation with an active presence in
many states of India. Among other
things, it provides pro bono legal services,
conducts public interest litigation,
engages in advocacy, conducts legal
awareness programmes and investigates
violations. ‘Can Human Rights Survive?’
was the topic of Conor Gearty’s lecture.
Prof. Gearty is Rausing Director of the
Centre for the Study of Human Rights
and Professor of Human Rights Law at
the London School of Economics and
Political Science. The event in Galway was
the culmination of a series of lectures,
delivered in the UK and Northern Ireland
as the 2005 Hamlyn Lectures, since
published by Cambridge University Press.
In his fascinating lecture, Professor
Gearty confronted the fundamental
concept of human rights and questioned
the resilience of human rights to stand
firm against contemporary challenges
such as the ’war on terror’.
In January 2007, former NUI Galway
student Martin Sheen, better known for
his role as President Bartlet in the
American drama series The West Wing,
visited the Irish Centre for Human Rights
to present the Centre with a personal,
annotated copy of the Ariel Dorfman
dramatic adaptation of Kerry Kennedy’s
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SPECIAL EVENTS, VISITORS
AND LUNCHTIME SEMINARS
Pictured above: Martin Sheen (centre 2nd row) with Professor William Schabas and students at the Irish Centre for Human Rights, January 2007
book Speak Truth to Power. Sheen had
played the part of Muhammed Yunus,
Nobel Peace Prize Laureate, in this drama
of human rights activists who have
changed the world during its first run in
New York in late 2006.
November 2006 - Dr. Fernand De
Varennes, ‘Ethnic Conflicts in Asia and the
(Human) Rights of Minorities’
January 2007- Dr. Laurent Pech, Jean
Monnet Lecturer in EU Law at NUI
Galway.
The script was purchased by LLM student
Roger Durham at an auction to raise
funds to send a group of Irish surgeons to
Albania, and was subsequently donated to
the Centre. Also included in the
presentation was a copy of the book Speak
Truth to Power, which Martin Sheen
autographed, along with his script.
To mark the occasion Martin Sheen made
a short speech at the Centre before
meeting with students and staff and,
needless to say, posing for photographs.
January 2007 - Ms. Eleanor Acer, Director
of the Refugee Protection Programme at
Human Rights First in New York
delivered a seminar entitled Refugee
Protection in the Era of Homeland Security.
LUNCHTIME SEMINARS
September 2006- South African
Ambassador to Ireland Her Excellency
Priscilla Jana visited the Centre and
delivered a seminar entitled: Acting in the
Best Interests of Your Client: Terrorism Trials
in Apartheid South Africa’.
September 2006 - Prof. Charles Ngwena,
visiting Professor at the ICHR, delivered a
seminar on Reform of African Abortion
Laws and the Opportunities presented by the
Protocol on the Rights of Women.
November 2006 - Dr. Chris Gallavin
delivered a lecture entitled Prosecutorial
Discretion in the ICC: The Decision to
Prosecute, Theory and Practice.
February 2007 - ICHR hosted Mr. Bryan
Stevenson, Executive Director of the Equal
Justice Initiative in Alabama and
renowned advocate for prisoners facing
the death penalty, on a nationwide
speaking tour in conjunction with
Amnesty International Ireland. Mr.
Stevenson delivered a seminar entitled
Race, Poverty and Capital Punishment in the
US.
February 2007 - Frederick (Rick) Lorenz gave a series of lunchtime lectures on
peacekeeping operations. Professor
Lorenz served in the US Marine Corps for
twenty-seven years as a judge advocate,
including a tour as an infantry company
commander.
March 2007 - ICHR hosted a visit by
Professor Oscar Vieira Vilhena, CoDirector of Conectas Human Rights.
March 2007 - ICHR hosted a visit by
Professor Howard Stein, lecturer at the
University of Michigan
March 2007 - ICHR hosted a visit by Dr.
Chris Waters, lecturer at the University of
Reading.
March 2007 - Irish NGO Trocaire brought
two guest speakers, Dr. Mona ElFarra
from the Occupied Palestinian Territories
and Scholastique Harushiyakira from
Burundi, to the Centre as part of their
lenten campaign.
March 2007 - ICHR hosted a visit by
Judith Keshet, founder of Checkpoint
Watch, an organization of Israeli women
who monitor and report the daily human
rights abuses faced by Palestinians
crossing army and border police
checkpoints in the West Bank.
April 2007 - ICHR hosted a visit by John
Jones, counsel to Nasir Oric, an accused at
the ICTY.
April 2007- ICHR hosted a visit by
distinguished academic Professor David
Kretzmer.
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ADVOCACY
Integration
In his capacity as Chair of the Board of
Integrating Ireland, Dr. Vinodh Jaichand,
Deputy
Director of the Irish Centre for Human
Rights, presided over a meeting of civil
society and political party representatives
on April 27 at the Central Hotel, Dublin.
The meeting was jointly organised by the
Immigrant Council of Ireland, the Irish
Refugee Council, the Refugee
Information Service, the Vincentian
Refugee Centre, the Galway Refugee
Support Group, Akidwa (The African
Sisterhood) and Nasc (Irish Immigrant
Support Centre).
Representatives from civil society
presented a ten-point plan for integration
in Ireland, to
which the political party representatives
were invited to reply by setting out the
position of their own party on
immigration in Ireland. There were
animated exchanges in the question and
answer session between the audience and
politicians on the subject of a non-racial
election campaign. This was the third
such event organised by Integrating
Ireland.
NGO Partnerships
The Irish Centre for Human Rights is
involved with a number of Irish and
international non-governmental
organisations engaged in the promotion
of human rights. First and foremost
among them is Amnesty International.
Faculty member Dr. Kathleen Cavanaugh
is Chair of Amnesty International (Irish
Section) and is a member of Amnesty
International’s Policy Committee. Dr.
Cavanaugh has regularly been called upon
as an investigator by the International
Secretariat of Amnesty International.
Since 2004, faculty and PhD students
from the Centre together with Amnesty
International (Irish Section) have been
delivering a joint training programme on
international human rights law at various
locations around Ireland every year. The
programme is open to practitioners, NGO
staff, activists and interested others who
have identified a need to have an overview
of human rights law. Over the course the
four day programme, faculty and PhD
students present sessions, which range
from basic overviews of treaty based and
non-treaty based human rights
mechanisms to subject specific issues
including states of emergency, refugees,
human rights education and international
criminal law. In 2006-2007, training
courses have taken place in Galway,
Dublin and Cork.
International Institutions
During February 2007, Dr. Ray Murphy
travelled to Cambodia to conduct training
sessions in international criminal law for
personnel from the Extraordinary
Chambers of Cambodia.
Ad Hoc Activities
Prof. William Schabas and Dr. Vinodh
Jaichand, Director and Deputy Director of
the Irish Centre for Human Rights,
traveled to Kathmandu to present at a
workshop on transitional justice
organized by the Informal Security
Service Centre (INSEC), a leading
Nepalese human rights NGO, in
November
2006. During the visit Prof. Schabas and
Dr. Jaichand also met representatives
from Nepalese political parties.
The workshop was held on 2 and 3
November and was attended by
representatives of civil society from all
over Nepal. The purpose of the workshop
was to discuss a variety of issues that have
arisen since multiparty democracy was
restored to Nepal in April 2006. Professor
Schabas and Dr. Jaichand delivered
presentations on a wide range of topics
relating to transitional justice,
constitutional reform and civil society
transformation in the aftermath of
conflict including reconciliation and
reparations; the relevance
of the International Criminal Court in the
Nepali context; and the incorporation of
economic, social and cultural rights into
Nepal’s new constitution. In making their
presentations, Prof. Schabas and Dr.
Jaichand drew on their combined
experience of working in post-conflict
states including Sierra Leone, South
Africa, Burundi, Cambodia, and Rwanda.
The workshop was considered a great
success by the organisers, who have
invited Prof. Schabas and Dr. Jaichand to
return to Nepal to participate in future
events.
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ADVOCACY
The ICHR was represented by recently
graduated LLM student, Cathal Doyle, on
a fact finding trip to the Philippines in
August 2006. The team, which was
assessing the impact of mining
operations on the lives of local
communities and indigenous peoples,
consisted of Clare Short UK MP and
representatives from the aid agency
CAFOD, the Columban Fathers and the
IUCN Commission on Environmental,
Economic and Social Policy. During their
visit, they met with communities affected
by mining and heard how the livelihoods
of fishermen and farmers were affected.
They learned of planned mining
operations which have the potential to
destroy the countries delicate biodiversity
and to impact on its food security. The
team also meet with indigenous peoples
who explained how the right to Free Prior
Informed Consent, guaranteed under
Filipino law, was being undermined.
Mining operations, typically located in the
lands of indigenous peoples, pose a major
threat to their very existence. The team
also met with the Chief Justice, the
Chairman of Transparency International,
Senate and House representatives, the
British Ambassador, the World Bank,
Bishops, the Chamber of Mines, local
NGOs and Indigenous Peoples
organizations. A report of the findings
was published in January.
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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
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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/