News Bulletin
Volume 7, Issue 2
November 2007
Irish Centre for Human Rights
promoting human rights through teaching, research and advocacy
2008 launch of International Criminal Law LLM
Degree
Programmes
For a full list of
degree
programmes
available at the
Irish Centre for
Human Rights
visit:
http://www.nuigalw
ay.ie/human_rights
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.
Special visit by Justice Langa Chief Justice of South Africa
By Andrea Breslin, PhD candidate
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’ on 30 June, 2007.
Irish Centre for
Human Rights:
www.nuigalway.ie/hu
man_rights
Email:
humanrights@
nuigalway.ie
Visitors:
For more
information
about visitors
and events at the
Irish Centre for
Human Rights
visit:
http://www.nuigal
way.ie/human_rig
hts/past_events.h
tml
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 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.
for training and appointment on the court for
South African citizens. The seminar was informative and enjoyable and Justice Langa’s visit was
much appreciated.
Justice Langa’s visit to the Centre was described
by the ICHR deputy director, Dr. Vinodh Jaichand
as the highlight of a very full academic year at
the Centre and an opportunity “to hear first-hand
how the Constitutional Court’s internationally
acclaimed decisions have affected the lives of the
millions affected by the notorious practice of
apartheid. In its landmark decisions on the legal
protection of the right to health care and housing,
for example, the South African Constitutional
Court has clearly illustrated the vital role that
courts can play in the protection of socioeconomic rights.” 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.
The progressive and innovative approach of the
court, and its attempts to reconcile South African and international human rights jurisprudence, as provided for by the constitution, were
explained. Justice Langa clarified, however, that
the dynamic court finds the best interpretation
for the South African constitution and situation,
and issues South African judgements, which
recognise culture and diversity, and take into
account the unique societal requirements and
historical inheritance of the state.
Discussion centred on the gender and ethnic
composition of the judiciary, access to the court
for petitioners, and access to opportunities for
Pictured from left to right: Dr. Vinodh Jaichand
and Justice Pius Langa.
Page 2
Volume 7, Issue 2
Publication of Model Codes Volume 1
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.
Irish Centre for
Human Rights:
www.nuigalway.ie/hu
man_rights
Email:
humanrights@
nuigalway.ie
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 Press. The second volume (containing the Model Code of Criminal Procedure) is due for publication in Spring
2008, while the third volume (containing the
Model Detention Act and the Model Police Powers
Act) will be published in Autumn 2008. 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
The Model Criminal Code is co-edited by
Vivienne O'Connor, a recent graduate of the
Doctoral Programme at the Irish Centre for
Human Rights and formerly Rule of Law Project
Officer at the Centre, and Colette Rausch, Deputy Director of the United States Institute of
Peace’s Rule of Law Programme.
Publication of volume on the theme of Atrocities and
Accountability
Publications
A full list of publications from faculty
and students of the
Irish Centre for
Human Rights can
be viewed at:
http://www.nuigalway.
ie/human_rights/publ
ications.htm
In 2004 the Irish Centre for Human Rights and
the United Nations University, Tokyo, co-hosted a
major international conference on the theme of
Accountability for Atrocity, which boasted twenty
participants and over 150 delegates from countries the world over. The proceedings of that conference have now been published by UN University Press in a volume entitled Atrocities and International Accountability: Beyond Transitional
Justice, co-edited by Edel Hughes, a doctoral candidate at the Irish Centre for Human Rights, Professor William A. Schabas, Director of the Irish
Centre for Human Rights and Ramesh Thakur,
Senior Vice-Rector of the United Nations University in Tokyo and an Assistant Secretary-General
of the United Nations.
Rebuilding societies where conflict has occurred is
rarely a simple process; but where conflict has
been accompanied by gross and systematic violations of human rights, the procedure becomes
fraught with controversy.
The traditional debate on 'transitional justice'
sought to balance justice, truth, accountability,
and peace and stability. The appearance of impunity for past crimes undermines confidence in new
democratic structures and casts doubt upon commitments to human rights. Yet the need to con-
solidate peace sometimes resulted in reluctance
on the part of authorities—both local and international— to confront suspected perpetrators of
human rights violations, especially when they
are a part of a peace process. Experience in
many regions of the world therefore suggested
a trade-off between peace and justice.
However, there is a growing consensus that
some form of justice and accountability are integral to – rather
than in tension
with – peace and
stability. This
volume brings
together eminent
scholars and
practitioners with
direct experience
of some of the
most challenging
contemporary
cases of international justice, and
illustrates that
justice and accountability remain complex
ideals.
Page 3
Volume 7, Issue 2
Welcome Reception for New Masters Students
Masters
Programmes:
For further
information about
the masters
programmes at the
Irish Centre for
Human Rights see:
http://www.nuigalwa
y.ie/human_rights/Pr
ogrammes/llm.html
The new academic year got off to a good start at
the Irish Centre for Human Rights on September
3, with an informal wine and cheese reception for
incoming masters students. A total of 75 students
enrolled in the 2007/2008 LL.M in International
Human Rights Law and the LL.M in Peace Support
Operations were invited to the reception, where
they had the opportunity to meet with the Centre’s
teaching faculty.
Courses offered include: Introduction to International Human Rights Law; European Convention on Human Rights; Introduction to
Public International Law; International Humanitarian Law; International Peace Support
Operations; Conflict Studies; International
Criminal Law; Economic, Social and Cultural
Rights; Regional Systems; Refugee Law; Child
Rights; Counter-Terrorism and Human Rights.
Students in the ICHR will be joined in the new year
by their contemporaries participating in the interuniversity master’s programmes in Queens University Belfast (cross-border programme), the Malta
programme and the European Master’s Degree in
Human Rights and Democratisation, based in Venice (EMA). The second semester will thus witness
the thriving L.L.M community in the centre reach
over 100 students for the first time since its inception.
The faculty and staff at the Irish Centre for
Human Rights would like to wish all new students the best of luck as they embark on what
promises to be a stimulating, challenging and
fruitful year.
Teaching for the LLM programmes will be delivered
by the Centre’s faculty with additional support
from adjunct and visiting lecturers.
Irish Centre for
Human Rights:
www.nuigalway.ie/h
uman_rights
Email:
humanrights@
nuigalway.ie
HRBA training:
For further
information about
the Human Rights
Based Approaches
training
programme email
hrba@amnesty.ie
You can also
phone the
Amnesty
International
Phil Shiner Delivers
Evening Seminar
The Irish Centre for Human Rights was honoured
to host a visit from the eminent lawyer Phil Shiner,
of Public Interest Lawyers, a Birmingham-based
law firm, on Friday 5 October, 2007. Shiner, who
is admired for his “ground-breaking work on fantastically important Iraqi human rights cases”,
delivered a captivating evening seminar on the
subject of ‘Human Rights, Human Wrongs’, to a
large audience in the Siobhan McKenna theatre.
The catalogue of human rights abuses which have
occurred during the course of the war in Iraq and
the ‘war on terror’ have been well documented,
such as the detention of individuals in Guantanamo bay, the practice of ‘extraordinary rendition’ and the torture and deaths of detainees in
institutions such as Abu Ghraib prison in Iraq. During the course of the two hour lecture, Shiner informed how violations of international law were
being challenged through the courts in the United
Kingdom. Never one to shy away from the most
difficult and controversial of cases, it is agreed that
he is "making law at the highest of levels."
Pictured from left to right: Dr. Nadia Bernaz,
Dr. Vinodh Jaichand, Phil Shiner Solr. and
Noam Lubell.
Human Rights Training Courses – Amnesty International &
ICHR
The Irish Centre for Human Rights is involved with
a number of Irish and international nongovernmental organisations engaged in the promotion of human rights. One of the foremost of
such institutions is Amnesty International.
the year, since 2004. 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.
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 throughout Ireland, several times throughout
The most recent training course on Human
Rights Based Approaches (HRBA) was held in
Cork, 10-13 September 2007. The next
HRBA will take place in Dublin, 26-29 November 2007.
Training and
Support Officer
on 01-677 6361.
Shiner was recently successful acting for the
appellant in Al-Skeini v Secretary of State for
Defence in the Court of Appeal, which concerned
using the HRA to bring about accountability for
the treatment of civilians in occupied territory.
Page 4
Volume 7, Issue 2
ICHR cosponsor conferences in the Netherlands and Germany
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.
Conferences:
More information
about all conferences
hosted by the Irish
Centre for Human
Rights can be found
at:
http://www.nuigalway.
ie/human_rights/conf
erences.html
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.
The purpose of the meeting was to clarify the content of a right, which despite its significance to all
spheres of human life and its early codification in
human rights documents, has received very little
attention over the years. Despite this right being
enshrined in the UDHR and the ICESCR, it is generally agreed that the REBSP is an
“underdeveloped” human right. No comprehensive
study and analysis have been hitherto conducted
and little reference has been made to it in State
reports to the Committee on Economic, Social and
Cultural Rights. To this end, Mr Vladimir Volodin,
the Chief of the Human Rights and Gender Equality
Section of UNESCO expressed the wish that this
meeting would create a momentum for the continuation of the normative clarification of the
REBSP.
Pictured above: Dr. Nadia Bernaz speaking in
Potsdam in July 2007.
In July, the ICHR co-sponsored a conference
in the beautiful city of Potsdam in Germany,
which ran from the 25-27 July. The Conference was on “The Protection of Human Rights
by the United Nations Charter Bodies” and
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.
Upcoming conference in Paris on Diplomacy and Human
Rights
The Irish Centre for Human Rights is to co-sponsor
a conference on the theme of The Diplomacy of
Human Rights in Paris on Friday, 7 December of
this year. Jointly organised by the University of
Paris II and the Irish Cultural Centre Paris, which
will host the conference, this one day event is centred around the diplomacy of human rights. It will
include debates on the priorities, the players, the
means and the European perspective regarding
this.
Representative from Ireland and France in the
worlds of diplomacy, law and NGOs will be present. Speakers from the Irish sphere include
Ambassador Anne Anderson, Prof. William
Schabas, Dr. Maurice Manning, Prof. Brice Dickson, Mr. Noel Dorr, Prof. Michael O’Flaherty,
Mr. Sean Love, Prof. Kevin Boyle and Ms. Aisling O’ Sullivan.
Book launches at the Irish Centre for Human Rights
Irish Centre for
Human Rights:
www.nuigalway.ie/hu
man_rights
Email: humanrights@
nuigalway.ie
The Irish Centre for Human Rights proudly
hosted the launch of a recent publication by PhD
graduate Dr. David Keane in September 2007
and will again play host to another successful
doctoral candidate, Dr. Michael Kearney, when
he launches his new book in November.
On Saturday, 15 September Dr. Keane launched
his book, entitled Caste-based Discrimination in
International Human Rights Law, which draws
extensively on his doctoral thesis and is being
published by Ashgate. Dr. Keane is currently a
lecturer in law at Brunel University in West London.
The Irish Centre for Human Rights is also pleased
to announce the launch of a new book by
Dr. Kearney, a graduate of the Centre’s Doctoral
Programme, on Saturday, 10 November 2007 at
5pm. Dr. Kearney’s book, entitled The Prohibition
of Propaganda for War in International Law, the
area of research undertaken for his doctoral thesis, is being published by Oxford University Press.
Dr. Kearney is currently a RCUK Fellow in Law
and Human Rights at the Centre for Applied Human Rights, University of York. All those interested are welcome to attend the informal launch
event in the Centre’s seminar room.
Page 5
Volume 7, Issue 2
China Death Penalty Project Launch in Beijing
China Death
Penalty Project:
For more
The China Death Penalty Project, a three year
research project into the abolition of the death
penalty in China, was officially launched in Beijing, China on 20-21 June 2007. 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 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.
Professor William Schabas, the director of the
Irish Centre for Human Rights, delivered a keynote address on developments in International
law and their influence on the death penalty. In
June of this year, Prof. Schabas was appointing
a visiting professor at the College of Criminal
Law Science, Beijing Normal University.
information about
this project visit:
http://www.gbcc.org.
uk/project.htm
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.
The seminar was attended by leading experts
from the European Union, Asia and China including senior representation from the Supreme People’s Court, the National People’s Congress Legislative Affairs Commission, the Supreme People’s
Procuratorate and top academics.
Irish Centre for
Human Rights:
www.nuigalway.ie/hu
man_rights
Email: humanrights@
nuigalway.ie
Faculty
For further information about all
members of the
teaching faculty at
the Irish Centre
for Human Rights
visit:
http://www.nuigalwa
y.ie/human_rights/s
taff.htm
Delegates at launch seminar “Moving the Debate Forward: China’s use of the Death Penalty”, June 2007.
Practitioner's Seminar on Subsidiary Protection in
By Andrea Breslin, PhD candidate
Ireland
A practitioner's seminar on the topic of Subsidiary Protection in Ireland was held by the
Refugee and Asylum Legal Support Unit at the
Irish Centre for Human Rights on 29 September 2007. Speakers included Ms. Gladys
McPherson of UNCHR, Mr. Peter Fitzmaurice, a
lecturer in Refugee Law at the Irish Centre for
Human Rights, and Mr. Liam Thorton from the
Migration Law Unit of University College Cork.
Mr. Manuel Jordao, UNHCR Representative in
Ireland also attended the seminar.
The focus of the seminar was the new Immigration, Residence and Protection Bill, drafted
in 2007 but not yet enacted. The Bill sets out
statutory processes for visa application, entry
into the State, residence in the State, protection in the State and for expulsion. The Bill
has been presented in terms of a radical overhaul of immigration law and refugee protection, setting out as it does, for the latter, a
single procedure for refugee status, subsidiary
protection, and humanitarian leave to remain.
It became apparent, however, during the
seminar that the new option of subsidiary protection may in practice add relatively little to
the protection available to those seeking refuge.
Ms. Gladys McPherson first outlined the law in
relation to subsidiary protection in Canada and
Ireland and pointed to similarities and differences in the approaches of the two states, and
emphasised the somewhat more flexible and
progressive attitude adopted in the former
state.
Mr. Peter Fitzmaurice explained the different
sources for subsidiary protection available under
international law, including options available under
human rights law, humanitarian law, and international criminal law. Mr. Liam Thornton then presented an in-depth exploration of the practical
application and potential of subsidiary protection in
Ireland.
The attendees received insightful first-hand accounts of the application and potential of the new
protection regime from practitioners and others
involved in the area of refugees, and everyone
present was engaged in and enjoyed the educational talks and lively discussion.
Pictured from left to right: Liam Thornton,
Gladys McPherson and practitioners.
Page 6
Volume 7, Issue 2
Ireland, Human Rights and the Council of Europe
Projects:
Further information
about all projects
run by the Irish
Centre for Human
Rights can
be found at:
http://www.nuigalwa
y.ie/human_rights/p
rojects.html
Irish Centre for
Human Rights:
www.nuigalway.ie/h
uman_rights
Email:
humanrights@
nuigalway.ie
By Aisling O’ Sullivan, principal researcher ’Ireland’s participation in International
Human Rights Law and Institutions’ project, and PhD candidate ICHR
The ‘Ireland’s participation in International Human
Rights Law and Institutions’ project will conclude its
research work in February 2008. It has collected and
analysed over 500 files of state papers from a combination of the National Archives of Ireland, the British National Archives and private collections on the theme of
Ireland’s role in the Council of Europe during the formative stage of international human rights law. This work
includes interviews with leading political figures, senior
diplomats and senior Irish judiciary, including Dr. Garret Fitzgerald (former Taoiseach), Mr. Mahon Hayes
(former Legal Adviser to the Department of Foreign
Affairs) and Justice Declan Costello (former Supreme
Court Justice).
The final monograph will document a behind-the-scenes
narrative on the Ireland v. United Kingdom case (1978)
before the European Court of Human Rights. Here, Ireland accused the United Kingdom of breaching its obligations to protect the right to freedom from torture or
to inhuman or degrading treatment or punishment
(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. As significant supplementary narratives, the
monograph will describe Ireland’s role in the drafting of
the European Convention of Human Rights and the
Lawless v. Ireland case (1961).
In the interim, the Project Director, Professor William Schabas, has produced a research paper, entitled ‘Ireland, the European Convention of Human Rights and the
personal contribution of Sean MacBride’
published in Morison, McEvoy and Anthony
(ed.), Judges, Transition and Human Rights
(Oxford, Oxford University Press 2007). A
further research paper co-authored by Aisling O’Sullivan and Professor William Schabas, entitled The Road to Strasbourg: the
uncertain early days of the Ireland v. UK
case, is nearing completion.
Alongside the final monograph, ICHR PhD
students will produce a collection of papers
on Irish foreign policy during the formative
period of international human rights law,
which will include research on Ireland’s
ratification of the Genocide Convention,
Ireland and the Occupied Territories and
Ireland and the Declaration against Torture
(1975).
Finally, since May 2007, Melissa Ruggiero,
an LL.M. student from the Cross-border
LL.M. in Human Rights and Criminal Justice
2006/07, is diligently assembling a searchable database of the principal papers collected in the National Archives of Ireland.
When completed, this will be a highly useful
tool for researchers interested in Ireland,
human rights and the Council of Europe.
For more information on the project, see
http//:www.nuigalway.ie/human_rights/Projects/
New PhD weblog on Human Rights Studies
Doctoral
Programme:
For further
information about
the doctoral
programme at the
Irish Centre for
Human Rights see:
http://www.nuigalwa
y.ie/human_rights/p
hd.html
PhD students now enjoy the benefit of a dedicated
weblog on human rights studies, thanks to ICHR
Director Prof. William Schabas. This highly informative blog provides students with up-to-date
news and information on developments pertaining
to International Human Rights law. Intended for
students engaged in doctoral studies in the field of
human rights, the blog provides information about
contemporary developments, references to new
publications and material of a practical nature.
Students can access the weblog at
http://humanrightsdoctorate.blogspot.com/.
While in Mexico City engaged in human rights activities, ICHR Director Prof. William Schabas and
lecturer Dr. Kathleen Cavanaugh managed to
squeeze in some site-seeing and made the climb
to the top of one of the pyramids at the ancient
city of Teotihuacan, one of Mexico’s most famous
archaeological sites. Prof. Schabas was attending a
conference on the International Criminal Court and
Dr. Cavanaugh was in Mexico representing Amnesty International.
Pictured left to right: Prof. William Schabas and
Dr. Kathleen Cavanaugh at the pyramids in
Mexico city.
Page 7
Volume 7, Issue 2
Lunchtime Seminars Series
The lunchtime seminar series at the Irish Centre for Human Rights got off to a wonderful start this semester
with a lunchtime talk by Roisin Gallagher from Trocaire,
a graduate of the LL.M. in Human Rights Law programme, on Thursday, 18 October. Ms Gallagher’s talk,
entitled ’Access to Justice for Victims of Gender Based
Violence in Sierra Leone’, was based on the topic examined for her masters dissertation for which field research
was conducted in Sierra Leone. All those who attended
found this seminar a fascinating, if not troubling insight,
into the obstacles which face a shocking number of
mostly women and children, in their attempts to seek
amends for gender based crimes, such as rape.
On Thursday, 25 October, the Irish Centre for Human
Rights had the privilege to co-host a lunchtime seminar
by Michael D. Higgins TD, President and Spokesperson
on Foreign Affairs, Labour Party and Adjunct Professor,
Irish Centre for Human Rights. Part of the Keynote Series from the Community Knowledge Initiative, Higgins
delivered an engrossing talk entitled ’The Joint
Oireachtas Committee on Foreign Affairs: Can it deliver
accountability on Foreign Policy’, a question of great importance given, in the words of Higgins, “the recent Iraq
war, its illegality, the rhetoric used to justify a preemptive strike, the misleading of Parliament and the
international institutions, and above all, the tragic consequences that have flown from it, have raised the issue of
the consequences of a gap between the moral concerns
of a public, the actions of their Governments and the of a
public response of their Parliaments”.
To view earlier
issues of the
Pictured from left to right: Mr. Noam
Lubell and Mr. Michael D. Higgins TD,
October 2007
Annual
Activity Report
Success for ICHR PhD Candidates
Over the course of the last few months, a number of
PhD candidates at the Irish Centre for Human Rights
have successfully defended their doctoral theses, and
are due to graduate at conferring ceremonies this winter. Since June of this year, there has been vivas for no
less than four candidates. 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 Bader followed on 7 July with his topic
of ‘The Concept of Mens Rea in International Criminal
Law’. Dr. Elewa Bader 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.
Bulletin
or the Centre’s
Medal by the Irish Research Council for Humanities and Social Sciences (IRCHSS) at a
ceremony held in Dublin Castle. Dr. D’arcy,
who graduated from the ICHR in December
2005, was one of four recipients of the medal
of excellence in the Humanities and Social
Science, which recognise outstanding postgraduate scholars who have been funded by
the Council and who have successfully completed their doctoral theses. The Irish Centre
for Human Rights would like to extend their
congratulations to Dr. D’arcy on his fantastic
achievement.
visit:
http://www.nuigal
way.ie/human_righ
ts/bulletins.html
Anthony Cullen completed his doctoral thesis on ‘The
Concept of Internal Armed Conflict in International Humanitarian Law: A Study of Thresholds of Applicability’,
on 15 September 2007. Dr. Cullen is currently a research fellow at the Lauterpacht Centre for International
Law, University of Cambridge, working on the joint British Red Cross/ International Committee of the Red Cross
project to update the ICRC’s Study on Customary International Humanitarian Law. Also on the 15 September,
Daniel Aguirre defended his thesis, entitled ‘Economic
Globalization and the Tripartite Realization of the Right
to Development’. Dr. Aguirre is currently working for
EarthRights International, providing human rights education for political activists.
On October 2, 2007, Irish Centre for Human Rights
graduate Dr. Shane D’arcy was awarded an Eda Sagarra
Pictured left to right: Dr. Ray Murphy. Prof. William
Schabas, Dr. Mohamed Elewa Badar and Prof. Michael
Bohlander, Director, Centre for Criminal Law and Criminal Justice, Durham University, July 2007.
Page 8
Volume 7, Issue 2
ICHR Summer Schools
The Irish Centre for Human Rights held its
eighth annual International Criminal Court
Summer School this year and its seventh annual Minority Rights, Indigenous Peoples and
Human Rights Law Summer School from 11-16
June and from 17 to 22 June 2007 respectively.
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. The Centre’s Director,
Professor William A. Schabas, observes that
the summer school "has established itself as
one of the premier intensive courses on the
subject offered anywhere in the world". Indeed, this year’s course comprehensively covered each aspect of the court including its establishment, its applicable law, structures and
operations, recent developments and key challenges.
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, AdLitem 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.
In order to provide participants with the opportunity to attend both summer schools, this
year saw both courses run back to back. The
success of the ICC school was followed by another highly successful minority rights summer
school. 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 seek to understand,
assimilate and critically evaluate legal arguments with respect to the international minority rights regime and how it pertains to minorities and indigenous peoples.
During the week long residential course
participants seek to understand, assimilate
and critically evaluate legal arguments with
respect to the international minority rights
regime and how it pertains to minorities
and indigenous peoples. In addition they
are encouraged to analyze the underlying
philosophical basis within the discourse and
to become familiar with current debates
and cases with a special focus on issues
such as the right to land, affirmative action
policies, and effective political participation
and restitution.
Irish Centre for
Human Rights
Annual Summer
Schools:
Minority Rights,
Indigenous
Peoples and Human
“If you want to understand how successful
a human rights regime in any given country
is, you could do worse than examine the
extent to which minorities in that country
are protected. This is as true in Sudan as in
Ireland,” said Professor Joshua Castellino,
from the Transitional Justice Institute, University of Ulster, who founded the Minority
Rights Summer School during his time at
the Irish Centre for Human Rights from
2000-2006.
Rights Law 2008
15-20 June
International
Criminal Court
2008
22-27 June
Participants at the 2007 summer school
were addressed by international experts on
minority rights including Professor 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.
In June 2008, the ICHR summer schools
will again run consecutively, commencing
with the Minority Rights, Indigenous Peoples and Human Rights Law course from
15-20 June, followed by the International
Criminal Court course from 21-26 June. For
more information on the Minority Rights
summer school, please contact Éadaoin
O’Brien at e.obrien9@nuigalway.ie. For
more information on the International
Criminal Court summer school please contact Maria Varaki at
M.Varaki1@NUIGALWAY.IE
The Bulletin of the
Irish Centre for Human
Rights is compiled and
edited by
Éadaoin O’Brien.
To sign up for activities or receive information regarding the work carried out by
the Irish Centre for Human Rights
please contact us at:
Irish Centre for Human Rights, NUI Galway, Ireland
Phone: + 353-(0)91-750464
Fax: +353-(0)91-750575
Email: humanrights@nuigalway.ie