Wednesday, September 1, 2010

IntLawGrrls

IntLawGrrls


4th Chautauqua Declaration

Posted: 01 Sep 2010 10:38 AM PDT

As a cosponsor of the 4th International Humanitarian Law Dialogs, just concluded at the Chautauqua Institution in upstate New York, IntLawGrrls is proud to reproduce in full the 4th Chautauqua Declaration signed yesterday by a host of prosecutors from present and past international criminal courts and tribunals, depicted above. They are: top row left to right, Andrew T. Cayley of the Extraordinary Chambers in the Courts of Cambodia, Serge Brammertz of the International Criminal Tribunal for the former Yugoslavia, Fatou Bensouda of the International Criminal Court, James Johnson of the Special Court for Sierra Leone, and Bongani Majola of the International Criminal Tribunal for Rwanda; and bottom row left to right, Robert Petit of the Extraordinary Chambers in the Courts of Cambodia, David M. Crane of the Special Court for Sierra Leone, Benjamin B. Ferencz and H.W. William Caming of the International Military Tribunals at Nuremberg, and Richard J. Goldstone of the International Criminal Tribunals for Rwanda and the former Yugoslavia. (Seated next to Goldstone is Stephen J. Rapp, a former prosecutor at the Special Court for Sierra Leone. Now the U.S. Ambassador for War Crimes Issues, he did not sign.)
Here's the Declaration:

In the spirit of humanity and peace the assembled current and former international prosecutors and their representatives here at the Chautauqua Institution ...
Recognizing the continuing need for justice and the rule of law as the foundation to international security, and cognizant of the legacy of all those who preceded us at Nuremberg and elsewhere:
Recognize the tenth anniversary of the Robert H. Jackson Center and its important mandate to preserve, promote, and advance the legacy of Justice Robert Jackson through education, exhibits, and events, which emphasize the current relevance of Jackson's ideas on individual freedom and justice;
Honor the life of our colleague and friend Whitney R. Harris, a prosecutor of the International Military Tribunal at Nuremberg who passed away this year; commend his drive and force in ensuring that the spirit of Nuremberg continued; and note the awarding posthumously to Whitney Harris the first annual Joshua Heintz Humanitarian Award for distinguished service to mankind;
Applaud the efforts of the states parties to the Rome Statute, and other delegations in Kampala this year in their willingness to openly take stock in the progress of international criminal law in general and the concrete recommendations to ensure justice for victims of international crimes; and for reaching consensus on a definition of the crime of aggression and for their determination to press for appropriate mechanisms for its enforcement and prosecution;
Noting that after thirty years of impunity the first judgment has been rendered in respect of the crimes of the Khmer Rouge in Cambodia;
Reflecting upon the fifteenth anniversary of the genocide at Srebrenica and the continuing need for the accountability of those responsible;
Expressing concern at the continuing plight of civilians caught up in armed conflict and particularly for those crimes committed against women and children;
Now do call upon the international community to:
Keep the spirit of the Nuremberg Principles alive by:
Ensuring the enforcement of the laws of armed conflict and in particular those relating to the protection of civilians;
Calling upon parties in armed conflict to respect international law applicable to the rights and protection of women and girls;
Ensuring that gender crimes are investigated and prosecuted appropriately;
States refraining from the use or threat of armed force and settling their disputes by peaceful means and in accordance with the United Nations Charter and international law;
Supporting and adequately funding the tribunals and courts in their work to maintain the rule of law at both the international and domestic level;
Implementing their obligations under international law in the sharing of information, investigating, prosecuting or transferring to an appropriate judicial body those who violate international criminal law to ensure accountability of all persons, including sitting heads of state;
Considering the adoption of a Convention on the Suppression and Punishment of Crimes Against Humanity; ...

Human Trafficking at a Tipping Point

Posted: 01 Sep 2010 03:16 AM PDT

The issue of human trafficking has reached a tipping point. On the same day that I pass by The Body Shop, and see their request that customers sign a petition to stop "sex trafficking of children and young people," apparently co-sponsored by UNGIFT and UNICEF, a student admits that until I began introducing him to the existence of the issue, he was utterly unaware that people were being bought, sold and exploited around the world.
While many people remain unaware that men, women and children are subjected to indentured servitude, debt peonage and other forms of human trafficking, celebrities and corporations and even conservative American politicians have embraced the issue, at least aspects of it. Angelina Jolie and Microsoft Corporation, through their co-funded and founded organization KIND (Kids in Need of Defense), fund pro bono legal training for unaccompanied children, including children who are trafficked. In her capacity as YouthAIDS Global Ambassador, Ashley Judd has become an advocate against human trafficking. Gloria Steinem and Catharine MacKinnon lend their cultural and legal feminist star power to aspects of the issue. Conservative and moderate politicians such as Olympia Snowe support bills directed towards international violence against women, including human trafficking.
If corporations situated in the Northern Hemisphere; and conservative, moderate and liberal politicians; and celebrities; and law enforcement and all branches of government are lined up in support of aspects of the issue, then why have we failed so miserably to find and then secure assistance to victims of human trafficking and why have we failed to prosecute traffickers? The answer of course is multi-fold, but part of the problem lies in the bifurcation of the issue. The Body Shop wants us to sign a petition to prevent sex trafficking of children. What about the trafficking of Sri Lankan and Nepalese men into Iraq and Afghanistan to provide support services to US troops and their allies? Angelina Jolie and Microsoft will help unaccompanied children. What about agricultural laborers threatened with blacklisting if they complain about non-payment or exploitation? Gloria Steinem and Catharine MacKinnon are concerned with the lack of consent inherent in sex work. What about women who agree to sex work but then have their earnings withheld until they "pay back" their traffickers?
The issue is complex (as IntLawGrrls Janie Chuang and Dina Francesca Haynes have regularly articulated here and here), and the interest of celebrities, politicians and the corporate world is not only laudable, it is often rich and deep. The people who elect to become involved in the issue often become very knowledgeable about it, and yet each selects one aspect in which to become involved, further bifurcating the issue, polarizing the debates and alienating victims who do not fit within their funding or client profile. It is likely the interest in human trafficking will remain for some time. Let us work on making that interest as rich, as meaningful and as holistic as possible.

Write On! Transitional Justice

Posted: 01 Sep 2010 02:05 AM PDT

(Write On! is an occasional item about notable calls for papers.)

The International Journal of Transitional Justice invites submissions for its 2011 special issue titled "Civil Society, Social Movements and Transitional Justice." Guest-editing the issue will be Dr. Lucy Hovil (left), Senior Researcher, Citizenship and Displacement in the Great Lakes region, International Refugee Rights Initiative; and Moses Chrispus Okello, Project Coordinator, Beyond Juba Project and Senior Research Advisor, Refugee Law Project, Uganda.
Possible topics to be covered include:
► Survivor/victim organizations and transitional justice
► Transitional justice, as a social movement, and as an international human rights movement
► Political context for civil society operating in periods of transition
► Roles of various entities and actors, including funders, civil society, media, and popular culture
► Relationship among local, national, transnational and international civil society, as well as political context for civil society operating in periods of transition
► Impact of transitional justice mechanisms on civil society
► Engagement of religious actors in transitional justice processes
► Art and literature
► Women's groups and transitional justice
► Civil society and disarmament, demobilization and rehabilitation
The deadline for submissions is April 1, 2011. Papers should be submitted online from the Journal's webpage. For questions or further information, please contact the Journal's Managing Editor at ijtj@csvr.org.za.

On September 1

Posted: 01 Sep 2010 01:04 AM PDT

On this day in ...
... 1942, what The New York Times called "the first specific ruling on the constitutionality of actions" taken by the U.S. government in order to effect the "evacuation of Japanese on the Pacific Coast," a federal trial judge sustained the Army's efforts to hold "all American-born Japanese as well as Japanese nationals" in what was called "protective custody." Judge Martin I. Welsh issued the oral ruling in his court in Sacramento, in a challenge brought by a man whom the Times identified as "Fred T. Morematsu." The actual surname of the young U.S.-born man at left was, of course, Korematsu (photo credit) -- and his case would go on to set an oft-criticized 1944 Supreme Court precedent.


(Prior September 1 posts are here, here, and here.)

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