V o lu m e 3 , I s su e 1 BULLETIN Irish Centre for Human Rights August 2002 Coming Events at the Irish Centre for Human Rights: Conference October 4 & 5, 2002 International Conference on Truth Commissions and Courts: Towards a complementary inter-relationship. Please contact: Shane Darcy: shane.darcy@nuigalway.ie Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie This Bulletin is published by the Irish Centre for Human Rights, NUI, Galway. Editor: Niamh Walsh: walshn@nuigalway.ie +353-(0)91-512354 With special thanks to intern Deirdre O’ Leary ACADEMIC ACCLAIM FOR DEAD MAN WALKING AUTHOR Introductory address delivered by Professor William Schabas, National University of Ireland, Galway on 29th June, 2002 on the occasion of the conferring of the Degree of Doctor of Laws, honoris causa, on Helen Prejean. A Sheansailéir, agus a mhuintir na hOllscoile, Dead Man Walking! The expression comes from the death rows of American prisons as men condemned to be executed are taken from their cells to the modernday scaffold. Sister Helen Prejean first learned of it some twenty years ago, when she took up an invitation to become a penpal with a death-row inmate. For years since that time she has ministered to the condemned, in time becoming America’s best known advocate of the abolition of capital punishment. Sister Helen Prejean was born in Baton Rouge in 1939, and she has lived and worked in Louisiana all of her life. She joined the Sisters of St. Joseph of Medaille in 1957. Sister Helen received a From left to right: Nancie Prud’homme, Sr. Helen Prejean, Prof. William Schabas and Niamh Walsh BA in English from St. Mary’s Dominican College in New Orleans in 1962, and an MA in religious education from St. Paul’s University in Ottawa in 1973. Her religious commitment began with the ethereal and the spiritual, but later took a dramatic reorientation towards social and political activism. In 1981 her religious community took what they called “a stand on the side of the poor” as part of a reform movement in the Catholic Church. (Continued on page 3) INAUGURAL DOCTORAL SEMINAR The Irish Centre for Human Rights held its inaugural one-week doctoral seminar in human rights law from 29 April to May 4 2002. Twenty-five students attended the seminar, some of whom are based full time at the Centre while others are working abroad in conjunction with writing their doctoral dissertations. The morning sessions composed of provocative seminars delivered by a group of eminent academics in the field; Prof Kevin Boyle, Prof Gerard Quinn, Prof. William A. Schabas, Prof. Dinah Shelton and Prof. Virginia Leary spoke on a diverse range of topics from workers rights, to the latest developments at the Commission on Human Rights, to the rights of the disabled. The afternoon was based on a “master class” during which PhD students presented short summaries of their ongoing research, followed by lively debate, which included comments and critiques by one or more of the participating academics, as well as by their own colleagues. This hugely successful one-week seminar is aimed at enriching the PhD experience with an intensive period of seminars, research presentations and feedback and networking. It is now a set annual event and will take place again on 22 – 26 April 2003. A limited number of places are available to doctoral candidates from other universities. For more information please contact the Irish Centre for Human Rights. Page 2 A series of case studies covered a vast geographical range– the Irish Travelling Community, the Adivasis of India, the Chittagong Hill Tribes, Ethno-tourism in Sri Lanka and Aboriginal Rights in Canada and Australia V o l u m e 3 , I ss u e 1 SUMMER COURSE ON INDIGENOUS RIGHTS Participants in the Indigenous Rights Course organised by the Irish Centre for Human Rights in June, 2002. New England School of Law Summer Progamme The Irish Centre for Human Rights once again hosted a summer study abroad programme for sixty law students from thirty different American Law Schools. The six-week programme focused on courses relating to international and comparative human rights law and accountability for human rights violations. Prof William Schabas, Dr. Ray Murphy, Dr. Joshua Castellino and Dr. Kathleen Cavanaugh, all of the Irish Centre for Human Rights, taught courses in the program, along with four U.S. law professors: Prof Michael Scharf, Prof Charles Sorenson, Prof Richard Graving and Prof Christine Ver Ploeg. The programme was organised by Professor Michael Scharf of Case Western Reserve University School of Law, formerly of New England School of Law From June 9 – 15 the Irish Centre for Human Rights, in co-operation with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund, Sweden and Murdoch University, Australia, was host to the second summer course on Minority Rights and International Law, with this year’s special focus on the Rights of Indigenous Peoples. The week opened with a comprehensive introduction to the international legal princi- COURSE ON ples and mechanisms related to the topic, delivered by Dr. Joshua Castellino, Prof Martin Scheinin, Prof Gudmundur Alfredsson, Prof Patrick Thornberry and Prof. William Schabas. A series of case studies followed covering a vast geographical range while having special emphasis on the Australian experience. The situation of the Irish Traveling Community, the Adivasis of India, the Chittagong Hill Tribes, Ethnotourism in Sri Lanka and Aboriginal rights in Canada were presented as topics for discussion. Special appreciation goes to all those who traveled from Australia for the course: Seminars were given by Dr. Kathryn Trees (Murdoch University), Geoff Clark (Commissioner for Victoria), Les Malezer (Deputy Chair, National Indigenous Working Group on Native Title), Steve Kinnane (Department of Premier and Cabinet), Shandell Smith (Environmental Scientist, Rio Tinto), and Mark Harris (La Trobe University). Next year the more general topic of Minority Rights will again be the focus with the course taking place in June 2003. INTERNATIONAL CRIMINAL INVESTIGATION The Institute for International Criminal Investigations conducted its first ever Basic Investigation Course on international criminal investigation at the Irish Centre for Human Rights from 20 May to 1 June 2002. The course is designed to provide the investigator with the fundamental concepts required to conduct investigations into genocide, war crimes and crimes against humanity. This very successful introductory course to this complex and demanding field of enquiry attracted experienced police officers and investigators from Africa, Europe, North America and Asia. Among the important topics dealt with were the design and function of an investigation team, the legal and procedural framework for international criminal investigations, military science, forensic science for investigators, and interview methods and information gathering. AMNESTY INTERNATIONAL RESEARCH MISSION In April of this year, Dr. Kathleen Cavanaugh, a lecturer at the Human Rights Centre directed an Amnesty International research mission to Israel and the Occupied Territories. The purpose of the mission was to investigate allegations of human rights and humanitarian law abuse during ‘Operation Defensive Shield’. During the initial part of the fieldwork, Dr. Cavanaugh led a team of investigators, consisting of a forensic pathologist and a British military expert, to the Jenin refugee camp. Addi- tionally, during the 3-month research project, other experts in the fields of international law as well as other members of the International Secretariat of Amnesty International joined the mission. The mission, which was completed in mid July concentrated on the towns of Jenin and Nablus but additional research was undertaken in Tulkarem, Ramallah, Hebron and Bethlehem. The results of her findings will be presented in an Amnesty International report due to be launched on November 4th. Page 3 Volume 3, Issue 1 (Continued from page 1) “More than any other personality, Sr. Helen symbolises the gentler, kinder America that we all love and appreciate” Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie OVER EIGHTY PARTICIPANTS FROM MORE THAN FIFTEEN DIFFERENT COUNTRIES ATTENDED THE 2002 SUMMER COURSE ON THE INTERNATIONAL CRIMINAL COURT She went to work at the St. Thomas Housing Project with deprived innercity residents, and soon she was counselling death row inmates at the Louisiana State Penitentiary. When she decided to write a book about her experiences, Sister Helen was inspired by Huck Finn in Mark Twain’s great novel, “not fixing up any particular plan, but just trusting to Providence to put the right words in my mouth when the time come: for I’d noticed that Providence always did put the right words in my mouth, if I left it alone.” Many of you have read the words that Providence put in her mouth in her best-selling book, Dead Man Walking: An Eye Witness Account, first published in 1993, or seen the Oscarwinning film by Tim Robbins, starring Susan Sarandon and Sean Penn. Some may even know the renowned contemporary opera Dead Man Walking, by American composer Jake Heggie, first presented at the San Francisco Opera in October 2000. Sister Helen’s encounters with Louisiana’s death row soon focussed her phenomenal energies and charismatic persona onto the more general issue of capital punishment, especially the form it takes within the United States. The United States stands alone among developed countries in its attachment to the death penalty. Only the United States and Iran continue to execute persons for crimes committed while under eighteen, something prohibited by international law. One year ago, the Irish electorate passed a referendum making capital punishment contrary to our constitution. This unprecedented event was overshadowed at the time by other political issues, and was never celebrated as it should have been. Ireland is the only country in the world to have put the issue to the public in this way I am sure that Helen Prejean will be thrilled if we share this moment of personal honour and distinction with a celebration of Ireland’s rejection of capital punishment. Ireland never forgot its sixteen dead heroes, “loitering there to stir the boiling pot”, in the words of Yeats. As in many countries, the death penalty was a cruel memory of an oppressive past. In the United States, capital punishment is the legacy – and the enduring, unforgettable symbol – of slavery and its post-emancipation echoes in the Jim Crow laws. The Louisiana penitentiary where Helen Prejean began her famous work is called Angola. The place was given its name by slaves who were brought there from Africa. The name remained when it later became the killing fields of a justice system infected with racism. The second half of the twentieth century has seen the steady erosion of the death penalty. In 1945, most countries in the world, including Ireland, still used capital punishment. But by the year 2002, according to figures from the United Nations, two-thirds of the world’s states have put the supreme penalty behind them as a form of cruel, inhuman and degrading punishment. An honorary degree is usually the occasion to take stock of a life’s work, of fulfilment and completion. But Helen Prejean’s work is unfinished, and she is still young and energetic. While we honour her achievement, we don’t want to delay the return to her important work. More than any other personality, she symbolises the gentler, kinder America that we all love and appreciate. We wish you Godspeed, Sister Helen. ANOTHER ICC SUMMER COURSE SUCCESS The Irish Centre for Human Rights’ third annual summer course on the International Criminal Court took place this year from July 20 to July 27, 2002. Over 80 participants from more than fifteen different countries attended the course this year to learn about both the historical origins of the Court and how it will function since coming into force of the Rome Statute on July 1 of this year. Speakers included a number of current or former employees of the International Yugoslavia including: Mr. Fabricio Guariglia, Mr. Daryl Mundis, and Mr. Stephane Bourgon; Legal Director of Interrights Ms. Helen Duffy; Professor Diane Amann, University of California, Davis,; Mr. John McManus of the Canadian Department of Justice; and Professor William Schabas and Nicolaos Strapastsas of the Irish Centre for Human Rights. We look forward to another successful summer course next July! LLM IN INTERNATIONAL PEACE OPERATIONS INTERNSHIP PROGRAMME AT THE ICHR The Internship Programme has just completed its second successful year. This summer there were three interns at the Centre who worked for ten weeks on both administrative and research projects. They were engaged in a wide range of activities, from the organisation of the summer schools to carrying out research on issues relating to international criminal and humanitarian law Two of the interns, Meghan Higgins and Eileen O’Connor, were from the New York University School of Law, while the third intern, Deirdre O’Leary, is a student at the Law Faculty NUI, Galway. For those interested in completing an internship at the Irish Centre for Human Rights please contact us at humanrights@nuigalway.ie Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie The concept of UN peacekeeping has had to evolve and change to meet the challenges of contemporary conflicts. What was traditionally known as “peacekeeping” has now evolved to include multi-dimensional peace support operations involving both military and civilian components. In addition to its purely military dimensions, peacekeeping now requires a range of expertise and talent in such areas as international law, human rights law, conflict management, and community and international relations. The Irish Centre for Human Rights has launched a new Masters programme in International Peace Operations to commence September 2002, as a complement to its successful LL.M. in International Human Rights Law, which began in 2000. It aims to prepare graduates for work in the field of international peace support operations, and with international organizations and nongovernmental organizations. The new pro- gramme recognises the prior field experience of military personnel, law enforcement officers, and others who have participated in peace support operations. The programme will be taught by faculty at the Centre in association with adjunct faculty with experience in the field of peacekeeping, human rights and conflict prevention, including veterans of peacekeeping missions to which Ireland has contributed. According to Prof. William Schabas, who has extensive experience in training peacekeepers abroad, “Because of the everincreasing complexity and sophistication of peacekeeping, those involved in missions: military, civilians and police, require a level of expertise and knowledge that a postgraduate programme of this nature can provide.” The Director of the programme, Dr. Ray Murphy, is a specialist in peacekeeping operations and former member of the Irish Defence Forces with UN experience. NEW CROSS BORDER LLM This September, the Faculty of Law, National University of Ireland, Galway and the School of Law, Queen's University Belfast, are introducing two exciting new Masters programmes: the Cross Border LL.M. in Human Rights and the Cross Border MSSC/LL.M. in Human Rights and Criminal Justice. These programmes, the first such law programmes in Ireland, will entail students attending classes for one semester in Galway, one semester in Belfast, and spending a summer in either location completing their dissertations. The goal of the course is to prepare graduates for work in the field of international human rights and criminal justice, with international organisations, nongovernmental organisations and as individual advocates. Eleven students have been admitted for the first year of this exciting new programme. Coming Events: International Conference on Truth Commissions and Courts Towards a Complementary Inter-Relationship: 4-5 October 2002 Truth commissions and courts are two different approaches to accountability for past human rights violations - this conference is aimed at exploring the issues and difficulties that arise with respect to these two approaches and the relationship between them. The subject will be examined in light of the experience of truth commissions in South Africa, Guatemala, El Salvador, Peru, Sierra Leone and elsewhere. The issues of prosecutions, amnesties and reparations will all be discussed in relation to truth commissions and to national, international and "mixed" courts. The contributions of courts and commissions to the seeking of historical truth will also be considered. The conference is co-sponsored by the Irish Centre for Human Rights, the International Centre for Transitional Justice (New York) and the United States Institute of Peace (Washington). Presentations shall be made by a host of experts in this field including: Paul van Zyl (Program Director, Legal and Technical Assistance, International Centre for Transitional Justice); Professor William A. Schabas (Irish Centre for Human Rights, Galway, and member, Sierra Leone Truth & Reconciliation Commission) and Neil Kritz (Director, Rule of Law Program, United States Institute of Peace)