Monday, November 02, 2015

Recommended Reading

We recently came across two interesting, not-so-recent articles.  The first is from The Washington Post ("The End of Human Rights"), and the second is from The New York Times ("Have Human Rights Treaties Failed?").  Each were written in 2014.  Although these aren't new articles, they are interesting.

The Post article says a lot, but, in its most basic sense, the author discusses the notion that we cannot ignore the role that religion plays worldwide when it comes to human rights.  I have my own personal opinions about this, but I think that it makes sense that there needs to be an understanding and comprehensive approach to human rights across all geographical lines.

The Times article contains a back-and-forth debate as to whether human rights treaties are useful.  The yo-yo nature of the way this article is written is a tad annoying, but it's important to understand each side.  The article ends in support for human rights treaties, but the conversation is more holistic than not.

Happy reading!

Sunday, November 09, 2014

Human Rights Watch

The reason we love Human Rights Watch is because this organization focuses upon all areas of the world. You can search for a particular issue in the search tool, and then, on the left, you can filter by region if you wish. (For example, here is what you'll see when you search for "women" using HRW's search function.)  Follow HRW on Twitter: https://twitter.com/hrw.


Thursday, June 30, 2011

Iranian Filmmaker & Women's Rights Activist Arrested

Mahnaz Mohammadi, 37 years old, was arrested from her home in Tehran, Iran by security forces. Mahnaz is a prominent Iranian documentary filmmaker and women’s rights activist who has directed several films including “Women without Shadows”, “The Soul’s Children” and “Travelogue.” She also collaborated with Rakhshan Bani-Etemad in “We are Half of Iran’s Population.”

In May, Mahnaz’s passport was seized to prevent her from going to the Cannes Film Festival for the screening of Reza Serkanian’s “Marriage Ephemeral,” in which she plays the lead role. Her arrest on Sunday was the second in three years. In August of 2009, she was arrested for laying a wreath on a woman’s grave who had been killed during protests of the re-election of Iranian President Ahmadinejad.

Mahnaz has been taken to Evin prison, where other activists are also being held, and is being denied access to her family and legal representation.

Two weeks ago, another women’s rights campaigner, Maryam Majd, 25 years old, was arrested before her planned departure to Germany to cover the FIFA Women’s World Cup. She was expecting to meet a former German footballer to work on a book project about women’s sport until she was detained and transferred to Evin. Maryam has also campaigned for women to be allowed to enter football stadiums to watch games.

Amnesty International, along with other human rights groups, has condemned Iran for its targeting of artists and activists. Amnesty stated that the detentions seem to be part of Iran’s ongoing crackdown on journalists, film-makers, activist and lawyers – anyone who challenges Iran’s ideologies. Amnesty has urged the authorities not to torture Mahnaz and Maryam and provide them access to their family and lawyers, so far with no avail.

Mazier Bahari, an Iranian documentary film-maker who has been arrested before said: "Documentary makers are in direct contact with the society and show what's out there, sometimes negative, sometimes positive, but in Iran, where the regime thinks it has the right to intrude in all aspects of the citizens' lives, everything is politicized, and the work of film-makers can be interpreted as a threat to the so-called national security."

Among other filmmakers and activists that have been arrested in the past include director Jafar Panahi, film-maker Mohammad Rasoulof and lawyer Nasrin Sotoudeh.
Amnesty said that if the only reason the women are being held is for peacefully exercising their freedom of expression, then they must be released immediately. Iranian authorities believe otherwise – restricting the expression is their very goal and they justify it based on false “national security” reasons.

While Iran is among the countries that signed the Universal Declaration of Human Rights, and is a party to the International Covenant on Civil and Political Rights, both adopted by the United National General Assembly, it openly violates the individual rights it vows to protect. These are only a few of several international agreements committing Iran and other signatory countries to respect rights of freedom of speech, due process and a fair trial, in addition to other individual rights. Yet, without the power to enforce, the United Nations and international human rights organizations can yell as loudly as it can, but our shouts clearly land upon deaf ears.

Tuesday, February 01, 2011

China's Persecution of the Falun Gong


Since 1999, the Communist Party of China (CPC) has been persecuting practitioners of Falun Gong. Practitioners have been and continue to be subject to a wide range of human rights abuses, including death, torture, unjustified detaining and arrests. As of July 1999, the CPC declared it a crime to practice Falun Gong in groups, possess its teachings, display banners or symbols or protest the ban.


Falun Gong is a system of beliefs and practices founded by Li Hongzhi in 1992, emerging at the end of China’s “qigong boom” (a period of growth of similar practices). The practice focuses on morality, including truthfulness, compassion and forbearance, and includes teachings from Buddhist and Taoist practices. The movement grew significantly between 1992 and 1999, with about 70 million practitioners in China by 1998.


In the mid-1990’s skeptics and critical reports began to emerge, leading practitioners to respond with peaceful protests, mainly requesting the assurance to lawfully pursue Falun Gong cultivation. In April of 1999, after a protest in Tianjin (which resulted in beatings and arrests) 10,000 practitioners gathered at the residence compound of China’s leaders. As a response, the CPC began a crackdown and campaign against the practice. In July 1999, security forced abducted thousands of Falun Gong leaders, and continued to “eradicate” the group through imprisonment, coercion and many times death. According to the U.S. State Department, about half of China’s reeducation-through-labor camp population is Falun Gong adherents. In addition, practitioners were among those most harshly persecuted by the government in 2008.


The reeducation-through –labor camp was part of the government’s conversion program, attempting to have detainees renounce their beliefs and transform their minds. Reports indicate that disturbing forms of torture have been a part of coercing practitioners who resist renouncing their beliefs. Sever beatings, psychological torment, corporal punishment and intense labor, solitary confinement, heat treatment, electric shocks, deprivation of food and sleep, rape, and more gruesome practices have been used as part of the conversion program by the government. Even faced with such cruel torture and injustice, Falun Gong practitioners remain truthful to their faith, while thousands of them are killed in the process. The Falun Dafa Information Center has reported that over 3,400 Falun Gong adherents have been killed as a result of the torture and abuse.


On June 16, 2005, 37-year-old Gao Rongrong, an accountant from Liaoning Province, was tortured to death in custody. Two years before her death, Ms. Gao had been imprisoned at the Longshan forced labor camp, where she was tortured and badly disfigured with electric shock batons. Gao escaped the labor camp by jumping from a second-floor window, and after pictures of her burned visage were made public, she became a target for recapture by authorities. She was taken back into custody on March 6, 2005, and killed just over three months later. On January 26, 2008, security agents in Beijing stopped popular folk musician Yu Zhou and his wife Xu Na while on their way home from a concert. The 42-year-old Yu Zhou was taken into custody, where authorities attempted to force him to renounce Falun Gong. He was tortured to death within 11 days.


Below are links to two-minute long videos on the Truth-Compassion-Tolerance International Art Exhibit.


http://www.youtube.com/watch?v=560PYiZX2o0 Connecticut


http://www.youtube.com/watch?v=-2GKscishtQ&feature=channel Scotland


Tuesday, December 21, 2010

Where Human Rights and Environmental Rights Collide

Yesterday, an Inter-American court ruled against Mexico in a case that involved threats, torture, and environmental degradation.  Two peasant ecologists, Rodolfo Montiel and Teodoro Cabrera, were trying to protect a mountain against illegal logging when they found themselves confronted by the Mexican army.

In 1999, the army arrested them for peacefully blocking roads, and the government charged them with bogus drug and weapons crimes.  Members of the army then beat the two men and threatened to harm their families.  Two years later, the international community pressured the Mexican government enough to release Montiel and Cabrera, but they were never pardoned.

Yesterday's decision held that the Mexican government had violated the men's rights to liberty, personal integrity, due process, and judicial protection.  The court ordered Mexico to pay damages to Montiel and Cabrera as to properly investigate the instances of torture they experienced so that those responsible can be brought to justice.

Before this ruling, the Mexican military investigated its own matters when the military was alleged to have engaged in illegal activity.  This often led to coerced confessions and substantive impunity.  Now, the government, not the military, must investigate the matter.  So far, Mexico has said that it would abide by the binding decision.

You can read the whole story here.

Sunday, October 24, 2010

Hot News! Wikileaks!

Wikileaks files provide fresh evidence of Iraq torture
Amnesty International's Middle East expert Malcolm Smart says USA must investigate Wikileaks claims (right now, see the short video on the front page of http://www.amnesty.org/).


Read Amnesty International's article here:
http://www.amnesty.org/en/news-and-updates/usa-must-investigate-detainee-abuse-claims-wikileaks-files-2010-10-22

Thursday, September 09, 2010

Lab-Created Diamond Photo

For those of you who would like to see an image of lab-created diamonds, here's a photo of me at my law school graduation, where I wore lab-created diamond earrings with a matching pendant.  :D  Ok, it's not the best photo, but it's all I have at the moment.  Here's another one, but you can't see the pendant as well as in the other one.

Cheers.

Alternative to Mined Diamonds

As many of you know, mined diamonds have and continue to lead to the torture and death of people around the world.

I've received many "thank you"s from people (especially law students) who have chosen alternatives to diamonds due to IHRLS's consciousness-raising efforts.  Some of those individuals chose to purchase and wear either recycled diamonds or lab-created diamonds (NOT CZs!) from Diamond Nexus Labs (you can find them here: http://www.diamondnexuslabs.com).

Thank you to everyone who has commented and made tiny changes for a big difference!

Monday, June 28, 2010

Let Me Tell You A Story: a short film's eye into world hunger

At this moment, you may be a lawyer, a law student, or a recent law graduate.  Perhaps you have no interest in the law, but you ARE interested in human rights.

Either way, this short 6-minute film is worth the time that you would otherwise spend on Facebook.

For me, personally, I'm studying for the bar.  Now, I feel like I've gained some much-needed perspective.  I hope you'll watch it and feel the same way.




Jessie

Tuesday, June 08, 2010

How Not to Fight Mexico's Drug War


Monday, June 28, 2010
University of California, San Diego
6:30 pm - 7:45 pm
Cost: free, students; $10, public
Ken Roth will address whether human rights concerns should be a factor in withholding U.S. funding that supports Mexico’s fight against drug cartels (Merida Initiative). He will discuss the direct impact of the drug war on Mexican society and the nexus between drugs, security and human rights.

In 1993, Roth became executive director of Human Rights Watch (HRW), one of the largest human rights organizations in the world, which conducts fact-finding investigations into human rights abuses in over 80 countries.

A graduate of Yale Law School and Brown University, Roth was drawn to the human rights cause by his father's experience fleeing Nazi Germany in 1938. He began working on human rights after the declaration of martial law in Poland in 1981, and soon became deeply engaged in fighting military repression in Haiti. In his years as executive director, Human Rights Watch has quadrupled in size, while greatly expanding its thematic and geographic reach.
  • Event will be held at University of California, San Diego's Institute of the Americas in Hojel Hall of the Americas Auditorium. Visit the Institute of the Americas website for map and parking information.
  • Free for all students, press or faculty. Click here to register and indicate your affiliation in the notes section
  • $10 per person for public. To register using electronic payment, click here. To pay cash at the door, click here to register
Presented by Human Rights Watch and Institute of the Americas. Co-sponsored by Joan B. Kroc Institute for Peace & Justice; San Diego World Affairs Council; Trans-Border Institute; and United Nations Association, San Diego
Joan B. Kroc Institute For Peace & Justice | ipj@sandiego.edu | (619) 260-7509

Friday, April 09, 2010

Poems from Guantanamo


Tuesday, May 4, 2010
Joan B. Kroc Institute for Peace & Justice Theatre
7:00 pm - 8:30 pm

Cost: Free

A dramatic reading of selections from Poems from Guantanamo: The Detainees Speak will be followed by a panel presentation and then Q & A. 

Co-sponsored by Amnesty International, San Diego.

IPJ | ipj@sandiego.edu | 619-260-7509

IPJ Film Series: Killer's Paradise


Tuesday, April 20, 2010
Joan B. Kroc Institute for Peace & Justice Theatre
7:00 pm - 9:00 pm
Cost: Free
image

Since 2000 nearly five thousand women have been murdered in Guatemala, a country with just 14 million people. “Killers’ Paradise” uncovers one of the most emotionally-wrenching hidden human rights abuses taking place, while exposing the impunity allowed by an inept judicial system.

The IPJ invites you to view this film that documents the stories of victims’ friends and families and the testimonies of police officers and investigators, rapists and gang members. Despite the frustration, anger and great sadness and loss, women and men are coming together for a common fight in the name of their daughters, wives and sisters.

Following the film there will be a panel discussion and then Q & A, with Christauria Welland, PsyD, clinical psychologist, and Jill Covert, alumna of the Joan B. Kroc School of Peace Studies. Welland works with men in treatment for intimate partner violence and has carried out trainings in Guatemala to prevent such violence. Covert conducted the field research for her MA in Peace & Justice Studies, in Guatemala, resulting in a capstone project entitled “Women in Zones of Conflict: Femicide in Guatemala.”

The event will be introduced by Maria Pilar Aquino, STD, professor in Theology and Religious Studies.

Co-sponsored by Copley Library and Department of Theology and Religious Studies.
Please note that the film is unrated.  Harrowing scenes may make it unsuitable for younger viewers.

Saturday, February 20, 2010

Celebration Breakfast: Women's History Month & International Women's Day

Tuesday, March 16, 2010
Joan B. Kroc Institute for Peace & Justice
7:00 am - 9:30 am

The Sixth Annual Celebration of Women’s History Month and International Women’s Day will include a report from the 54th annual session of the Commission on the Status of Women (CSW) at the United Nations in New York.

Tickets: $22, general admission; $8, student
For additional information about the breakfast please call (619) 260-7509.

Joan B. Kroc Institute For Peace & Justice | ipj@sandiego.edu | (619) 260-7509

Wednesday, November 18, 2009

Announcing: The 2010 Arthur C. Helton Fellowship Program


The American Society of International Law is pleased to announce the 6th Annual Arthur C. Helton Fellowship Program.

The Arthur C. Helton Fellowship Program, established in 2004 on the recommendation of the ASIL Honors Committee, recognizes the legacy of Arthur Helton, an ASIL member who died in the August 19, 2003, bombing of the UN mission in Baghdad along with the UN High Commissioner for Human Rights Sergio Viera de Mello and 20 others. 

ASIL's Helton Fellowship Program gives micro-grants for logistics, housing and living expenses, and other costs related to the Fellow's fieldwork and research.

• Law students, practicing lawyers, human rights professionals, scholars, and other individuals seeking assistance in conducting international fieldwork and law-related research are encouraged to apply.
• Applicants must be affiliated, for purposes of completing their project, in some way with an educational institution, international organization, or non-governmental organization.

The Helton application form and guidelines for a qualifying proposal, as well as general information, may be found at asil.org/helton, or through the ASIL Service Center at +1-856-380-6810. All application materials for a 2010 fellowship must be submitted electronically to fellowship@asil.org starting October 12, 2009, and no later than February 12, 2010. Only the first 50 complete applications will be considered. Fellowship awards will be announced in late March 2010.

Tuesday, October 20, 2009

Conflict Resolution in Africa: Success Stories and Individual Peacemakers

Joan B. Kroc School of Peace Studies

The University of San Diego’s Joan B. Kroc School of Peace Studies invites you to attend a public lecture by visiting scholar John Prendergast.

Wednesday, November 11, 2009

6:30 p.m. – presentation at the Joan B. Kroc Institute for Peace & Justice Theatre
7:30 p.m. – reception in the Rotunda, Joan B. Kroc Institute for Peace & Justice

John Prendergast is Co-Chair of the ENOUGH Project, an initiative to end genocide and crimes against humanity. During the Clinton administration, John was involved in a number of peace processes in Africa while he was Director of African Affairs at the National Security Council and Special Advisor at the Department of State. John has also worked for members of Congress, the United Nations, human rights organizations, and think tanks, as well as having been a youth counselor and basketball coach in the U.S. He has authored eight books on Africa, including Not on Our Watch, a New York Times bestseller he co-authored with Don Cheadle. John is working on a new book which focuses on his 20 years in the Big Brother program. John has helped produce two documentaries on Northern Uganda and been involved in three documentaries on Sudan. He has been part of three episodes of CBS' 60 Minutes which earned an Emmy Award for Best Continuing News Coverage and is helping to develop two additional episodes. He is helping to spearhead a campaign involving the NBA and Participant Productions to widen awareness on Darfur, as well as a campaign to end the violence against women and girls in the Congo.

Admission is free of charge.

Sunday, October 11, 2009

Continent Watch

North America, United States
Brad Paladini
Under the Fair Labor Standards Act, children as young as 13 working are allowed to work in agriculture for an unlimited number of hours if they have their parent’s permission to do so. Working in agriculture is four times as dangerous as any other working environment for youths. Congresswoman Lucille Roybal-Allard of California is currently working to introduce legislation to limit the number of hours children can work.

Oceania, Fiji
Ali Byler
Amnesty International released a report in September detailing the increasingly severe human rights violations that are taking place in Fiji. President Ratu Josefa Iloilo enacted the Public Emergency Regulations (PER) terminating Fiji’s Constitution in April 2009 and bestowing upon himself the ultimate power to make laws. The PER grants military personnel immunity from liability if “the use of such force cause harm or death to any person”, which has resulted in severe abuse of human rights in the forms of unfair arrests, beatings, detainments, and overall inhumane treatment of anyone expressing views inconsistent with those of the current government. The most common targets of this abuse have been political activists, clergy, lawyers, journalists, and government critics.

South America, Peru
Jessica Ponce
Peru has become the desired destination for asylum seekers, usually escaping political persecution, in Latin America,. In Venezuela, President Hugo Chavez arrested two particular men who opposed his law that would bring political indoctrination into Venezuelan schools. Both men were charged with conspiring to commit and instigate crimes during a demonstration and both requested asylum in Peru to avoid going to trial in a country where the justice system does not provide fair trials and is severely controlled by the government.

Africa, Guinea
Bhavani Peesapati
Mass protests are currently taking place in Guinea to protest rumors that Junta head Capt. Moussa Dadis Camara intends to run for president in an election scheduled for next January. Guinean soldiers have responded by using tear gas, firing ammunition into crowds, and publicly raping women. Human rights groups are estimating that over 150 civilians have been killed and are working with the UN and the African Union to try and subdue the violence.

Asia, Burma
Amy Kim
Burma’s military government has more than doubled its political prisoner population in the last two years, reaching a total of more than 2,200 prisoners. These prisoners have been sentenced to long prison terms resulting from unfair trials for speaking out against military rule and from criticism of government actions or policies, specifically of the obstacles to humanitarian relief following Cyclone Nargis, which dealt a devastating blow to Burma in May 2008. The activists have been charged per Burma’s archaic penal code which criminalizes free expression, peaceful demonstration, and forming of independent organizations. There are 43 known political activist prisons with poor medical and sanitation conditions and more than 50 labor camps where prisoners are subjected to hard labor. Moreover, the government has a practice of transferring prisoners to remote areas, placing huge burdens on family members desiring to visit and bring essentials, such as medicine and food. The Human Rights Watch has a global campaign, “2100 by 2010,” asking for the release of 2,100 political prisoners by the scheduled 2010 elections.

Middle East, Turkey
Arine Harapeti
For years, the Turkish lobby has been pressuring world governments and media, especially in the U.S., to exclude the Armenian Genocide from history, and recent events have shown exactly how far they are willing to go. David Krikorian, a candidate for the Ohio 2nd congressional district elections for 2010, exposed the current Congresswoman holding that seat, Jean Schmidt, along with many other Congressman of taking bribes from the Turkish lobby to further the campaign of denial. Former FBI linguist, S. Edmonds, testified as to these facts during the Ohio Elections Commission hearings which are still in progress. These hearings are expected to expose the corrupt, illegal and immoral actions, not only of the Turkish still in progress. These hearings are expected to expose the corrupt, illegal and immoral actions, not only of the Turkish campaign, but also of U.S. elected officials working to hide the truth.

Tuesday, April 14, 2009

Nick Vujicic - A Life Without Limbs

Join IHRLS on Thursday, April 16 at 12:00 in 3A for an event not to be missed!

Meet Nick Vujicic!

Imagine being born without arms. No arms to wrap around a friend, no hands to hold the ones you love, no fingers to experience touch. No way to lift and carry things. How much more difficult would life be if you were living without arms and hands? Or what about legs? Imagine if instead of no arms, you had no legs. No ability to dance, walk, run, or even stand. Now put both of those scenarios together… no arms and no legs. What would you do? How would that affect your everyday life?

Meet Nick Vujicic. Born in 1982 in Brisbane, Australia, without any medical explanation or warning, Nicholas Vujicic came into the world with neither arms nor legs. Imagine the shock his parents felt when they saw their first born, brand new baby boy for the first time only to find he was what the world would consider imperfect and abnormal. A limbless son was not what nurse Dushka Vujicic, and her husband Pastor Boris Vujicic had been expecting. How would their son live a normal happy life? What could he ever do or become when living with such a massive disability? Little did they or anyone else know that this beautiful limbless baby would one day be someone who would inspire and motivate people from all walks of life. God uses Nick to touch lives and bring the hope of Jesus Christ to people across the globe.

Throughout his childhood Nick dealt not only with the typical challenges of school and adolescence such as bullying and self-esteem issues; he also struggled with depression and loneliness. He constantly questioned why he was different to all the other kids surrounding him; why he was the one born without arms and legs. He wondered what the purpose behind his life was, or if he even had a purpose. According to Nick the victory over his struggles throughout his journey, as well as the strength and passion he has for life can be credited to his faith in God. His family, his friends and the many people he has encountered during his life have also encouraged him along the way.

After school Nick went on with further study and obtained a double bachelor degree majoring in accounting and financial planning. By the age of 19 Nick started to fulfill his dream of being able to encourage other people and bring them the gospel of Jesus, through motivational speaking and sharing his testimony about how God changed his life and gave him a future and a hope. “I found the purpose of my existence, and also the purpose of my circumstance… There’s a purpose for why you’re in the fire.” Nick wholeheartedly believes that there is a purpose in each of the struggles we encounter in our lives and that our attitude towards those struggles, along with our faith and trust in the Lord can be the keys to overcoming the challenges we face.

Now at 25 years old this limbless young man has accomplished more than most people even twice his age. Nick recently made the massive move from Brisbane, Australia to California, USA, where he is the president of an international non-profit organization; Life Without Limbs, and also has his own motivational speaking company; Attitude Is Altitude. Since his first speaking engagement back when he was 19, Nick has traveled around the world, sharing his story with millions of people, speaking to a range of different groups such as students, teachers, youth, business men and women, entrepreneurs, and church congregations of all sizes. He has also told his story and been interviewed on various televised programs worldwide.

“If God can use a man without arms and legs to be His hands and feet, then He will certainly use any willing heart!”

http://www.lifewithoutlimbs.org/

Tuesday, March 17, 2009

New IHRLS Board!

Welcome 2009-10 Board!

Here are our new leaders:

President : Camille Lucidi
Vice President : Vienna Munro
Esteemed Secretary : Shelly Caterino
Esteemed Treasurer : Jennifer Cullimore
Web Dude Extraordinaire : Justin Trauben


We love you! You will carry the torch far and bright!

With love,

Jessie
Outgoing President IHRLS

Friday, February 13, 2009

ICC CHALLENGES

By Mary Elizabeth Grant, VP of International Human Rights Law Society


Several challenges currently facing International Criminal Court (ICC) could undermine its credibility and efficiency for years to come. The court’s first trial opened under a wave of controversy. Issues of disclosure almost led to the release of the court’s first suspect. Concern over protection of witnesses and informants compromised the veracity of the testimony given by the first witness. Political pressure emphasizing a need for peace over justice is undermining the court’s authority as they relate to current proceedings. How the court overcomes the challenges could greatly impact the ICC’s international authority.

In March 2004, The Democratic Republic of Congo (DRC) asked the ICC to investigate war crimes committed in the country since the enactment of the Rome Statute. The court issued warrants against Thomas Lubanga and three other warlords in March 2006. Lubanga was the first suspect charged by the ICC to be apprehended and held in custody at the Hague. Lubanga is charged with recruiting and using children under the age of 15 to fight. Lubanga headed the miltia group, UPC, who raged war against an ethnic group, the Lendu, over gold and mining rights in the Ituri region of DRC. During the five year conflict, 30,000 children were used by all sides in the conflict to pillage, rape, mutilate, and kill civilians. 60,000 people lost their lives during the conflict.

The trial against Lubanga was due to start in June 2008 but was almost derailed when the court ordered Lubanga released because his right to a fair trial had been violated. The prosecutor had obtained evidence from the United Nations and other sources on condition of confidentiality. The court ruled that the prosecutor misapplied Article 54(3)(e) of the Rome Statute regarding disclosure. The court ruled that the error rendered a fair trial impossible. On appeal, the prosecutor agreed to supply the court with the confidential information. (ICC-01/04-01/06-T-94) The prosecutor has been widely criticized for acquiescing. Any promises, whether of confidentiality or protection, to potential sources of information will be viewed with skepticism about the prosecution’s ability to keep its word.

Protection of witnesses and informants is an important issue in determining the effectiveness of the trial. The prosecution plans to call thirty four witnesses. Nineteen of those witnesses will testify behind a screen with their voices distorted in order to protect their anonymity. The first of the witnesses, a former child soldier, testified on January 28. While he testified behind a screen and was hidden from the public gallery, he was visible to the defendant. Witnesses stated that the defendant glared at the witness while he testified. When the witness returned from a break, the witness retracted his testimony. Prosecutors immediately requested a delay in the trial in order to investigate security for witnesses who fear reprisal when they return to DRC. (http://news.bbc.co.uk/2/hi/africa/7857230.stm)

The recent sentence of an ICC informant to seventeen years in jail in Sudan emphasizes the need for protection of witnesses and informants if the ICC does not want its evidence gathering ability compromised. Mohammed Ibrahim was convicted of spying, criminal conspiracy, and passing on confidential military documents to the ICC about Ahmed Haroun, the state minister for humanitarian affairs. (http://jurist.law.pitt.edu/paperchase/2009/01/sudan-man-imprisoned-for-aiding-icc-war.php) The ICC issued an arrest warrant for Haroun in April 2007. He is charged with fifty one counts of war crimes and crimes against humanity. President Bashir, refuses to turn Haroun over to the ICC. In September 2007, he assigned Haroun to lead an investigation in to human rights violations in Darfur.

Lack of political pressure on Sudan has lent force to Bashir’s flagrant disregard for the authority of the ICC. Many African and Arab nations, along with four of five permanent members of the UN Security Council, support suspending the case against Sudan officials in the hope that Bashir will change his policies regarding Darfur. Despite the pressure though, on February 12, 2009, a panel of judges at the ICC decided for the first time to seek detention of a sitting head of state by issuing an arrest warrant for President Bashir. The nature of the charges has not been revealed although the chief prosecutor, Luis Moreno Ocampo, requested the warrant based on evidence that Bashir masterminded crimes against humanity, genocide, and war crimes committed in Darfur. The decision to issue a warrant against Bashir has been conveyed to the United Nations secretary general, Ban Ki-moon, and is expected to be formally announced. The question though is whether the Security Council will decide to exercise its power to suspend the case against Bashir for a year in order to further the peace negotiations. (http://www.nytimes.com/2009/02/12/world/africa/12hague.html?scp=1&sq=icc%20arrest%20warrant%20for%20bashir&st=cse) The dilemma though is that such action could send a message to war criminals and perpetrators of egregious crimes against humanity that justice is negotiable and that they can commit atrocities with impunity. The danger is that such a precedent could send a message that heads of state can completely disregard the ICC as long as they can convince the rest of the world that they have an ‘interest in furthering the peace process.’

The outcome of the current trial will greatly impact the ICC’s role in and its authority for implementing international justice. Internationally there are 250,000 child soldiers, primarily in Chad, DRC, Sudan, Uganda, Burma and Philippines. International attention has been directed towards the increased use of children in armed conflicts. 58 countries recently signed the Paris Principles, promising to prevent the use of child soldiers and to work towards disarming underage fighters. The trial against Lubanga is the first trial in history to focus exclusively on the use of child soldiers as a war crime and it is the first time that victims are being allowed to participate fully in an international trial. In DRC, the trial is being given wide media coverage. 400 people gathered around a giant screen in the Ituri region capital, Bunia, to observe the trial proceedings. Whether the global perception is that justice was served, proceedings were fairly conducted, and witnesses and informants protected will affect the perception of war criminals as to the impunity they can attain from their crimes.

Tuesday, October 21, 2008

State Sovereignty versus R2P

By Mary Elizabeth Grant, VP of International Human Rights Law Society

Armenian genocide - 1.5 million people killed between 1915 and 1923; Holocaust - 6 million people killed during World War II; Cambodian genocide - 2 million people killed from 1975 to 1979; Rwandan genocide - 800,000 people killed in 90 days in 1994; Bosnian genocide - 200,000 people killed between 1992 and 1995; Darfur genocide - 200,000 to 400,000 people killed between 2003 to date.

“...If humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica -- to gross and systematic violations of human rights that offend every precept of our common humanity? ...Surely no legal principle -- not even sovereignty -- can ever shield crimes against humanity ... Armed intervention must always remain the option of last resort, but in the face of mass murder, it is an option that cannot be relinquished.” We, The Peoples, 2000 Millennium Report by Kofi Annan.

After the horrors of the Holocaust were revealed, the international community appeared to vow, “Never Again”. “Never Again” would the international community allow genocide to occur. Kofi Annan, Speech at Stockholm International Forum, 11/2/2004. Despite the pledge, four genocides have been committed since World War II, resulting in approximately 3.2 million deaths. The genocide in Darfur continues despite the international community’s awareness of committed atrocities. Why hasn’t the international community taken more decisive action to prevent these genocides or to stop them once the systematic killing has begun? Tony Blair summed up the issue in a speech he gave in Chicago in 1999. He said, “The most pressing foreign policy problem we face is to identify the circumstances in which we should get actively involved in other people’s conflicts.”

In an attempt to reconcile the issues of intervention versus state sovereignty, the International Commission on Intervention and State Sovereignty (ICISS), a task force of a dozen experts on international law and conflict, published in December, 2001 a 91-page report entitled The Responsibility to Protect. The report proposed that while state sovereignty gives states the right to control their borders and to establish governance over their citizens without interference from the international community, it also creates the responsibility for states to protect their citizens. The report suggested that if a state fails to protect its citizens from atrocities like genocide, ethnic cleansing, crimes against humanity, and war crimes, the international community bears the responsibility to protect the state’s citizens by preventing, reacting, and ultimately rebuilding areas affected by mass suffering.

The responsibility of prevention is based on the theory that genocides and other atrocities are planned. Planning consists of implemented stages, such as classification of citizens into groups--like ethnic or religious groups, promotion of hatred of the targeted group through publicized propaganda, dehumanization of the targeted group, and round up of the targeted group. The stages that lead to these horrors are discernible, thus prevention is possible through intervention, such as the use of negotiations, political pressure, sanctions, and aid that helps a state establish economic development, political stability, and an effective judicial system.

The responsibility to react advocates military intervention when the use preventive measures and reactive techniques, such as negotiations, political pressure, and sanctions, fail. In order to determine if military intervention should be used, six thresholds must be met. (1) There must be just cause in that crimes against humanity that “shock the conscience” are being committed; (2) military intervention must be the last resort after all other nonviolent means of intervention have been exhausted; (3) the level of military intervention must be the least encroachment on state sovereignty as possible; (4) success of the military intervention must be reasonably likely and likely to do more good than harm; (5) military intervention must be used solely to protect citizens and not for the selfish interests of the interveners; (6) military intervention should occur with the authority of the United Nations Security Council or, if not granted, then authority from the General Assembly or a coalition of nations as long as the other thresholds have been met.

The responsibility to rebuild requires the international community to provide, particularly after a military intervention, the state with assistance with recovery, reconstruction and reconciliation, addressing the causes of the harm the intervention was designed to halt or avert.

The United Nations publicly adopted the concept of Responsibility to Protect in 2005 at the UN Summit of World Leaders. In 2006, the UN Security Council adopted Resolution 1674, which said: “Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity... The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means... to help to protect populations... In this context, we are prepared to take collective action... should peaceful means be inadequate and national authorities are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity.” They also agreed that if a state fails to do so, it is then the responsibility of the international community to protect that state’s population.

The international community has strived to implement portions of the R2P doctrine such as peace negotiations to end the genocide in Darfur; however, the genocide continues in Darfur. The steps of military intervention and strong sanctions to end the genocide have been blocked by states who see R2P as

a threat to state sovereignty, in that advocating military intervention will in the long run lead to abuses and trumped-up reasons for invasion of countries. United States invasion of Iraq provided ammunition for states fearing that interest in protecting citizens would translate to interveners pursuing their own selfish interests at the expense of the citizens, state and mission.

The responsibility to protect will remain an ideal until the perception that intervention equals abolishment of sovereignty is changed. For this change to occur, clear guidelines must be established that define in detail the circumstances requiring international intervention. Those guidelines must be agreed upon by the international community as the universal standard for action. States must be reassured that only intervention that is backed by the majority of the international community will be advocated. Strong sanctions must be established to punish unilateral intervention. Until similar steps are taken, state sovereignty will prevail over human rights.

Article citing from original R2P report at http://www.iciss.ca/report-en.asp