Bulletin Vol 13 No 2
Transcription
Bulletin Vol 13 No 2
BULLETIN VOL 13 ISSUE 2 OCTOBER 2014 WELCOME LL.M. CLASS 2014 - 2015! PROF. SCHABAS APPOINTED TO HEAD THE UN GAZA INQUIRY The Hon Chair of the ICHR and leading international human rights expert has been chosen to lead the UN’s Gaza Inquiry. In 2002, Prof. Schabas served on Sierra Leone’s Truth and Reconciliation Commission and is currently Professor of International Law at London’s Middlesex University. T he Irish Centre for Human Rights welcomes the new LL.M. class at the Centre. More than 60 students from all over the world including Sierra Leone, France, Lebanon, The Netherlands, Italy and Ireland came to Galway to excel in their master studies. With this new class the ICHR is again aiming to achieve academic excellence and will provide them with the needed academic tools for their future endeavors. -T VA NUIG PRESIDENT’S RESEARCH EXCELLENCE AWARDS NUI Galway has honoured staff members for their outstanding contributions to Research. The President’s Awards for Research were introduced earlier in 2014 and are highly competitive. The awards acknowledge excellence in research activity across three categories: ‘Early Stage Research‘, ‘Research Supervision‘ and ‘Established Research‘. Dr Shane Darcy is awarded one of the NUIG President‘s Research Excellence Awards – for Early Stage Researcher. Recipients were honoured recently at NUI Galway’s Inaugural Research Showcase. The awards ceremony included opening remarks from NUI Galway President Jim Browne and VicePresident for Research Professor Lokesh Joshi. Professor Joshi remarked on the breadth and depth of the award recipients and thanked members of the University community for their thoughtful and moving nominations. Speaking at the presentation ceremony, Dr Jim Browne, President of NUI Galway said: “It is a privilege to preside over the Inaugural President’s Research Awards and to share our research with fellow colleagues and our broader research community. Whilst our Inaugural winners come from different Schools and Disciplines with very different research skills and objectives, they share a passion for research excellence which is internationally recognised in their cognate research areas.” - NUIG/TVA Prof. Schabas said that he had received many messages of support from around the world since he was tasked with the role by the President of the Human Rights Council. When he was asked what the mandate of the UN Commission of Inquiry entails, Prof. Schabas answered: “The Resolution of the Human Rights Council A/HRC/RES/S-21/1 stated that the Inquiry shall (...) investigate all violations of international humanitarian law and international human rights law in the Occupied Palestinian Territory, including East Jerusalem, particularly in the occupied Gaza Strip, in the context of the military operations conducted since 13 June 2014. (...) We are entrusted to establish the facts and circumstances of such violations. We will look at the alleged crimes perpetrated and we need to identify responsible perpetrators. We will issue recommendations, especially with regard to accountability, bearing in mind to avoid and end impunity and ensure that those responsible are held accountable. The Inquiry also aims, according to its mandate, to protect civilians against any further assaults.” ... continued on page 4 INSIDE THIS ISSUE ICHR ACTIVITIES STAFF NEWS & ACTIVITIES | OPINIO JURIS HUMAN RIGHTS NEWS FROM THE SCHOOL OF LAW RECENT PHD GRADUATES CAPTURING RIGHTS: ART WORK AT THE ICHR UPCOMING EVENTS | ALUMNI NEWS | PUBLICATIONS 2-4 5-8 9 10 11 12 ICHR ACTIVITIES International Criminal Court Summer School 2014 From the 16th to 20th of June 2014 the annual Summer School on the International Criminal Court took place at NUI Galway. PAGE 2 the young residents in New York city; the Wampanoag tribe from America; and other global issues such as the water crisis and refugees. The CHRA Summer School started in 2005 and since 2010 it receives the support of the Open Society Foundations (OSF). This year, three participants received a full scholarship to attend the summer school in Galway. -JW New England Law at the ICHR New England Law, along with California Western School of Law, South Texas College of Law Houston, and William Mitchell College of Law offered American law students an exciting opportunity to study law as part of a summer experience abroad at the Irish Centre for Human Rights. The event was organized by the Irish Centre for Human Rights and was attended by over 60 participants from all over the world. Lectures on the workings of the ICC and related issues in international criminal law were given by Professor William A. Schabas of the Irish Centre for Human Rights and Middlesex University; Dr Fabricio Guariglia and Dr Rod Rastan of the Office of the Prosecutor at the ICC; Dr Mohamed M. El Zeidy of the ICC; Professor Ray Murphy, Dr Noelle Higgins and Dr Shane Darcy of the Irish Centre for Human Rights; Dr Nadia Bernaz and Professor Don Ferencz of Middlesex University; Mr. John McManus of the Crimes Against Humanity and War Crimes Section Canadian Department of Justice; Professor Megan Fairlie of Florida International University; Dr Mohamed Elewa of Northumbria University; and Dr Kwadwo Appiagyei Atua of the University of Ghana. Throughout the week many issues relating to the ICC and international criminal law were discussed. Apart from the academic debate a trip was undertaken to the Aran Islands with the participants of the Summer School. -AA 5th Summer School in Cinema, Human Rights and Advocacy (CHRA) in Galway From the 26th of June to the 5th of July 2014, the Huston School of Film & Digital Media and the Irish Centre for Human Rights successfully organized the 5th Summer School in Cinema, Human Rights and Advocacy (CHRA) in Galway. The CHRA summer school took place at the Huston School of Film & Digital Media and the Martin Ryan Institute’s lecture theatre. The facilitators reflected upon the use of film and video advocacy as an instrument for enhancing human rights awareness on critical social, political and environmental issues, as well as best practices to influence change. Close to fifty American law students attended lectures by experts in the field of international human rights law, and were also fortunate to be taught by distinguished visiting faculty member, U.S. Supreme Court Justice Antonin Scalia. The six-week program focused on courses in international and comparative human rights law, and accountability for human rights violations. The students also took a number of excursions during breaks to some of the many beautiful sights of Ireland‘s western coast, including the Cliffs of Moher, the Burren, the Aran Islands, and Connemara. -MTdS 10th Annual Conference of the International Society for Miltary Law and the Law of War Hosted for Legal Advisors of the Armed Forces The 10th Annual Conference of the International Society for Miltary Law and the Law of War hosted for Legal Advisors of the Armed Forces was held in Galway from 6-10 May 2014 with the participation of Prof. Ray Murphy. The conference was dedicated to aspects of legal advice regarding international military operations on the African continent. A range of international speakers addressed the legal and related challenges to international military and peace operations on the African Continent. Prof. Ray Murphy spoke about the lessons learned from his UN and EU missions to Chad and the Central African Republic. -RM/TVA Tamieck, The Netherlands This year, nineteen students and professionals from Jordan, Myanmar, Uganda, Hong Kong, USA, UK, Ireland, the Netherlands, Switzerland, Italy, Hungary, Finland, Norway, Spain and Turkey came together for the ten-day training course where ideas and projects were developed and challenged by internationally acclaimed experts in film, television and human rights. Topics developed by the participants covered public safety in Hong Kong; the situation of the Bedouin living in the Jordan Valley; political prisoners in Myanmar; access to healthcare in Jordan; school bullying in Ireland; housing difficulties faced by Why did you choose the Centre for Human Rights? My lecturers at Leiden University spoke highly of the Centre, and recommended their LL.M. program in Human Rights to me. How do you like it at the Centre for Human Rights? I have thoroughly enjoyed the year I spent at the Centre. The lectures are dynamic, interactive and inspiring, and the lecturers very approachable. What do you consider as most beneficial so far in the LL.M. programme? I have really enjoyed the semester long introductory course on human rights law. This provided me with a strong legal base, on which I could build in other, more specific courses at the Centre, such as Islamic Law and Human Rights & Practice. ICHR ACTIVITIES Annual Doctoral Seminar at the ICHR Our 13th Annual Doctoral Seminar took place from the 14th to the 18th of April 2014, attended by some 25 doctoral students from the Centre and from a number of universities internationally. The ICHR was pleased to have the participation of Professor Bill Bowring of University of London, Professor Siobhan Mullally of the Centre for Criminal Justice and Human Rights at University College Cork and Dr Edel Hughes from the University of East London. -CM LL.M. class 2013/2014 on the annual trip to the ICTY The Irish Centre for Human Rights conducted its annual field trip to the international tribunals in The Hague, the Netherlands from the 10th to 11th of April 2014. The trip was well attended by postgraduate students from the Centre and included visits to the International Court of Justice, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court. Numerous enlightening presentations were received including from Mr. Jonas Nilsson, Legal Officer in Chambers at the ICTY, and from Mr. Richard Harvey, Stand-by Counsel for Mr. Radovan Karadžić. -CS ICHR supports Burmese Efforts to Ratify the International Covenant on Civil and Political Rights On behalf of the UK Foreign and Commonwealth Office (FCO), the Irish Centre for Human Rights (ICHR) is supporting the Burmese Government efforts to ratify the International Covenant on Civil and Political Rights (ICCPR). Ratification of the ICCPR is an important indicator of a State’s commitment to the protection of civil and political rights. Professor Michael O’Flaherty led an initial project scoping exercise in Burma in June 2014. Senior Burmese Government officials who spoke to Prof. O’Flaherty and his team (in the Ministry of Social Welfare, the PAGE 3 Ministry of Foreign Affairs, the Attorney General’s Office), as well as the Chair of the Parliamentary Committee on Human Rights, were uniformly positive about the value of the treaty in providing a framework and a stimulus for the development of progressive policies. The ICHR team will support the Burmese Government ICCPR ratification through awareness-raising workshops targeted towards three key stakeholder groups: Government, parliament and civil society, and produce an ICCPR ratification manual. Each workshop will introduce the United Nations human rights treaty system, introduce the ICCPR and detail the substantive and procedural aspects, and identify the specific role of the target groups (Government, parliamentarians and civil society) in the pathway towards ICCPR ratification. Future plans also include organisation of an immersion visit to UN Geneva for relevant stakeholder representatives in 2015. -EB Martha, United States Why did you choose the Centre for Human Rights? I had the opportunity to briefly attend seminars at the Centre while participating in a summer study-abroad program through my undergraduate university and was immediately drawn to the Centre’s breadth of courses, the expertise of its lecturers and its reputation as a leading institution for the study of human rights law. How do you like it at the Centre for Human Rights? The level of knowledge and experience that the Centre’s lecturers bring to every class not only makes the coursework highly engaging but also offers insight to the practical application of human rights law in real world situations. Coupled with frequent discussions among students from a wide variety of backgrounds, this makes for a dynamic and rewarding learning environment. The Centre has certainly lived up to my expectations in every regard and I’m so glad I chose to continue my studies here. What do you consider as most beneficial so far in the LL.M. programme? Although there are several benefits from studying at the Centre, it is the lecturers‘ academic and professional experience that stands out to me as being most beneficial. Their work in their respective fields of study and experiences on the ground make human rights law, refugee law, and all other modules offered as part of the LL.M. programme come alive in a way that doesn’t always happen with legal studies. EJ Phelan Fellowship in International Law awarded to Amina Adanan Congratulations to ICHR PhD candidate and Doctoral Fellow, Amina Adanan, who has been awarded the EJ Phelan Fellowship in International Law by the National University of Ireland. The Fellowship is funded by a special bequest from the late Mr. and Mrs. Edward J Phelan and is intended to encourage and support a doctoral candidate of proven academic excellence towards a doctoral degree in any area of International Law, in a constituent university of the NUI. The award is named after distinguished diplomat Edward J. Phelan, one of the first international civil servants at the International Labour Organization, who later became the ILO’s fourth Director and first Director-General. Amina‘s research project, ‘The Transitional Nature of Universal Jurisdiction’, provides a comprehensive analysis of the rationale for the application of universal jurisdiction to international crimes. -NH ICHR ACTIVITIES Interview with Opening Week Guest Lecturer, Professor Cees Flinterman On 11th September 2014, Prof. Cees Flinterman, Professor Emeritus at the Universities of Maastricht and Utrecht and a member of the UN Human Rights Committee, delivered the opening week guest lecture. Prof. Flinterman, you spent some days in Galway and gave a lecture to the new LL.M. class. What has impressed you about the Centre, the city and its students? It was one of the best times to come. The city is very vivid. I am always impressed by the culture and history of this city. I have been to the ICHR twice now. It offers a lot: nice building, good equipment, great staff. It is an excellent meeting point for students and academics. I experienced a nice atmosphere from all staff members and especially from its Director, Prof. Michael O’Flaherty. The lecture I gave was also very stimulating. The students were very eager to learn and posed interesting questions. All in all: it was a great experience. PAGE 4 what we have achieved so far and maintain hope. There will never be a paradise, but we must struggle for the cause. Sir, you have served on the UN Human Rights Committee for several years. From that perspective, are human rights a utopia or reality? It is neither utopia nor reality. Look at Iraq and Syria. Look at the various domestic and international conflicts. Nevertheless, we have achieved something: look at the institutions created in the Americas and in Africa: the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, the African Court on Human and Peoples Rights, the African Commission on Human and Peoples Rights and so on and so forth. They are all results of diligent human rights advocacy. It is the feasible result of what can be achieved if we never loose hope. The Universal Declaration of Human Rights speaks in the Preamble of the “common standard of achievement”. Let us continue to achieve that common standard. The interview was conducted by Thamil Venthan Ananthavinayagan, LL.M. How would you value the academic significance of the ICHR? There are a number of aspects: the convergence of the legal dimension and the relevance of other disciplines. The combination of different legal fields, such as ICL, IHL and IHRL makes the ICHR unique. The ICHR follows a policy not only to be strictly academic, but also aims to prepare for field work. The lectures are of very high academic quality: Professors like Michael O’Flaherty, Ray Murphy and William Schabas shaped the reputation of the Centre. As a dedicated and experienced human rights advocate, what is your advice for aspiring young academics and human rights defenders? We should always keep in mind that the Universal Declaration of Human Rights paved the way for the global protection of human rights, it expressed the basic idea of humanity all around the world. Fundamental freedoms and rights were developed and considerate studies were conducted since 1948. Looking at the world today, we have achieved much, but there is still a lot to do. So, my advice is: be hopeful and determined to defend human rights! Pessimists question human rights and remain in defeatism and cynism. They say: “Why human rights? It is only lip-service and never feasible.” What would you answer? I am working in the field now for the past 45 years. Looking back, what has happened so far? With the decolonization -this was a major step forward to protect human rights- we have ushered into an era of creating accountability for gross violation of human rights, the expansion of international criminal law, the different monitoring mechanisms for the protection of human rights and much more. Who would have ever expected this to happen 40 years ago? This is the result of the meticulous and diligent work of dedicated human right advocates. It is therefore of utmost importance that we continue. We need to strengthen PROF. SCHABAS APPOINTED AS THE HEAD OF THE UN GAZA INQUIRY ... continued from page 1 Responding to questions regarding impartiality he replied: “The real issue is not whether I have views on relevant issues, but if I can put them to one side in an effort to be as impartial as possible, the way a judge or members of a jury do. I believe I can do this. Many of those who have criticised me do not seem to desire an impartial Chairman who attempts to put personal views to one side. Rather, they want a Chairman who has views close or closer to their own.” Prof. Schabas also elaborated on his colleagues of the UN Gaza Inquiry. He said with regard to his colleagues, Mr. Diène and Mrs. McGowan Davis: “Mr. Diène was the United Nations Special Rapporteur on contemporary forms of racism, xenophobia and related intolerance from. He also served as Independent Expert on the situation of human rights in Côte d‘Ivoire from 2011 to 2014. He brings immense experience from the field and is furthermore a well-known UN expert. The other member of the Inquiry, Mrs. McGowan Davis, served as a Justice of the Supreme Court in the State of New York. Her expertise in the fields of international human rights law and transitional justice is remarkable. She also served as a member and then Chair of the UN Committee of Independent Experts, entrusted with the follow up-procedure on the findings of the UN Fact-Finding Mission on the Gaza conflict occurring between December 2008 and January 2009. With confidence I can say that this Inquiry brings together experience, expertise and a high-level of reputation and impartiality.” The final report of the Gaza Inquiry will be presented to the Human Rights Council in March 2015, it will be open for further debate and the adoption of a resolution to conduct further actions. (article slightly revised from the original article written by Mr. Connor Harrington, Galway Independent, 20th of August 2014 and added with an interview conducted by Thamil Venthan Ananthavinayagan, LL.M.) STAFF NEWS & ACTIVITIES Prof. Michael O’Flaherty at the 2014 ASIL Meeting PAGE 5 Conor, Ireland Prof. O’Flaherty participated in a panel titled: The Effectiveness of the United Nations Human Rights Protection Machinery at the 108th Annual Meeting on the 11th April 2014, together with Professor Kathryn Sikkink, Felice Gaer, Ted Picconne and Professor Beth Simmons. He spoke to the outcome of the treaty body strengthening process and expressed cautious optimism regarding the future of the system. O’Flaherty emphasised the importance now of such stakeholders as the treaty bodies themselves rising to the challenge of reform and highlighted the ongoing need for significantly enhanced resources to be provided by member States of the UN. For more information, please visit: http://goo.gl/i0p0so - R. Carter Paret, ASIL/TVA Irish Compliance with International Covenant on Civil and Political Rights: Prof. Michael O’Flaherty addresses the Irish Senate On the 6th of May 2014 Prof. O’Flaherty was invited to address a committee of Seanad Éireann (the upper house of the Irish Parliament) on Ireland’s compliance with the International Covenant on Civil and Political Rights. This was the first hearing ever conducted by the Irish Parliament on the country’s compliance with its UN human rights treaty obligations. For more information, please visit: http://goo.gl/hlw7jm EU-Brazil forum Rio de Janeiro Dr Karen da Costa represented the Irish Centre for Human Rights at the 3rd EU-Brazil Civil Society Human Rights Seminar, which focused on the topic “Human Rights, Education and Sport“. The event took place in Rio de Janeiro, Brazil, 3rd of April 2014. Dr Da Costa participated in the panel dedicated to „The role of Human Rights in the education system“, and she made a presentation entitled “Connecting the dots: Finding the link between Human Rights and Education”. -KDC Dr Shane Darcy joins the National Board of Amnesty International Ireland For more information, please visit: http://www.amnesty.ie/about-us Why did you choose the Centre for Human Rights? I have heard about the many well-regarded guest lectures on a diverse range of human rights related topics and the high expertise at the Centre. The quality of speakers and lecturers really reflects the high regard in which the ICHR is held in the human rights law community. How do you like it at the Centre for Human Rights? The atmosphere at the Centre is great. Everyone is based in the one building so it’s easy to get to know your colleagues. The student body is very international so it’s also a wonderful opportunity to meet like-minded students from all over the world. The guest speakers were also a highlight. What do you consider as most beneficial so far in the LL.M. programme? The bi-weekly lectures gave me a regular chance to meet colleagues and lecturers while also allowing me plenty of time for independent research. I really enjoyed my time at the ICHR and would strongly recommend the various LL.M. courses the Centre provides. Prof. O’Flaherty panelist at Geneva event marking the outcome of the treaty body strengthening process On 9th May 2014, the Permanent Missions of Switzerland, Poland, Ireland, Morocco, South Korea together with the Universal Rights Group and the Geneva Academy organised a panel meeting on ‘the outcome of the Treaty Body strengthening process: lessons learnt, implications and implementation’. Around a hundred and ten representatives from UN Permanent Missions, international governmental organisations and nongovernmental organisations attended the event. The meeting began with introductory remarks by H.E. Ambassador Alexandre Fasel, Permanent Representative of Switzerland, H.E Ambassador Mr Remigiusz Henczel, Permanent Representative of Poland, representatives from the delegations of Ireland, Morocco and South Korea and Mr Bacre Ndiaye, Director of Human Rights Council and Special Procedures Division of the Office of the High Commissioner. There was then an interactive dialogue with an expert panel featuring Professor Claudio Grossman, Chair of the UN Committee against Torture and Chair of the Meeting of Chairpersons of the Human Rights Treaty Bodies, Professor Malcolm Evans, Chair of the UN Subcommittee on the Prevention of Torture and incoming Chair of the Meeting of Chairpersons of the Human Rights Treaty Bodies, Professor Michael O’Flaherty, Vice Chair of the Boards of Trustees of the Universal Rights Group, Dr Ibrahim Salama, Director Human Rights Treaties Division, Office of the High Commissioner for Human Rights, Ms Tania Baldwin Pask, International Advocacy Program, Amnesty International and Ms Christen Broecker, Jacob Blaustein Institute for Advancement of Human Rights. The panellists offered a detailed analysis of the outcome of the Treaty Body strengthening process, a process that resulted in the adoption of UN General Assembly resolution A/RES/68/268 in April 2014. They offered thoughts on the implications of the outcome for Treaty Body experts, reporting states, OHCHR, NGOs and victims. The resolution on strengthening and enhancing the effective functioning of the human rights Treaty Body system is considered a major advance for this key part of the international human rights system. Panelists also offered thoughts on the effective implementation of the resolution, including through a harmonization of working methods and capacity building upon the request of reporting states. During the ensuing dialogue, interventions were made amongst others by the delegations of Russia, Indonesia and Tunisia, Treaty Body members, and NGOs. -Universal Rights Group/TVA STAFF NEWS & ACTIVITIES Glion Human Rights Dialogue 2014 On 13th-14th May 2014, the Governments of Norway and Switzerland, supported by the Universal Rights Group, hosted a high-level two-day retreat in Glion, Switzerland, designed to provide an open platform for dialogue and fresh thinking on the future of the international human rights system. Prof. O’Flaherty participated in this event as a panelist. The title of the 2014 Glion Human Rights Dialogue was: The Future of the OHCHR and the UN Human Rights Pillar: The Next 20 Years. The Glion Human Rights Dialogue provided a platform for representatives of key parts of the international human rights system such as states, OHCHR, Special Procedure mandateholders and members of Treaty Bodies, and NGOs, to brainstorm in an informal setting about the key challenges facing the system and how best to overcome them. The Glion Human Rights Dialogue was a ‘retreat-style‘ event that brought together over 60 key human rights practitioners and thinkers, and provided an optimal atmosphere for honest and frank exchange, and new and innovative thinking. -Universal Rights Group/TVA Citizens Rights Watch PAGE 6 represents ICHR on the AHRI Executive Committee. It has been agreed that AHRI 2015 will be hosted in Belgrade. For more information please visit: http://goo.gl/L8FJno -TVA Professor O’Flaherty chairs High Level Panel on Torture Prevention in Washington D.C. On 28 May, in Washington D.C., Prof. O’Flaherty chaired a High Level Panel, coordinated by the Academy on Human Rights and Humanitarian Law of the American University Washington College of Law and the American Society of International Law, on the topic of the struggles faced by the international community in the combat of torture. Speakers included Claudio Grossman, Chair, UN Committee Against Torture and Dean, American University Washington College of Law and Juan Mendez, UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment. -ASIL/TVA Dr Noelle Higgins appointed as a Committee Member of the Royal Irish Academy Dr Noelle Higgins is appointed as a Committee Member for the Ethical, Political, Legal and Philosophical Studies Committee of the Royal Irish Academy. For more information, please visit: http://goo.gl/Nd7hAL -NH/TVA Prof. O’Flaherty speaks as panelist at event: “Reflections on the future of the UN’s human rights pillar” On the 4th of September 2014, in Geneva, the Governments of Norway and Switzerland, convened a panel discussion on “Reflections on the future of the UN’s human rights pillar”. The event was attended by some 90 ambassadors, diplomats, NGOs, UN officials and academics. Dr Zoi Alizoi, a postdoctoral researcher at the ICHR has founded a new human rights organization: Citizens Rights Watch is human rights NGO that focuses on the protection of the rights of citizens all around the world. Its mandate is to hold governments accountable whenever and wherever a citizen’s rights are being violated. The organization aims to raise human rights awareness, cultivate a culture of equality, dignity, rule of law, fairness & justice for the current & future generations. For more information, please visit: http://www.citizensrw.org -ZA/MOF/TVA Strong ICHR Representation at AHRI 2014 The annual meeting of the Association of Human Rights Institutes took place in Copenhagen from 29 to 30 September, with the theme, “Human Rights under pressure: Exploring Norms, Institutions and Policies. The ICHR was strongly represented on various panels. Professor O’Flaherty chaired the panel, “UN Treaty Bodies: Innovation and Opportunity” and was discussant on another, “Freedom of Expression Confronting Othering”. ICHR Doctoral Fellow, Yingxi Bi delivered a paper on the topic, “Drug Control Policy – a Human Rights Based Approach Towards Drug Users” and Tanja Florath, another of our doctoral fellows, presented the paper, “The Human Rights Declaration of ASEAN: One Step Forward, Two Steps Back?”. Professor Ray Murphy The discussion offered an opportunity for all stakeholders to reflect on the future of the UN’s human rights pillar in the buildup to the Human Rights Council’s 10th anniversary in 2016. The panel comprised Ambassador Luis Alfonso de Alba, the first President of the Council, UN Special Rapporteur Dr Ahmed Shaheed, Professor Michael O’Flaherty and senior Amnesty International official, Richard Bennett. -UPR/TVA Peter, Ireland Why did you choose the Centre for Human Rights? Having served with UN peacekeeping forces in my time as an officer in the Defence Forces, I was very interested in the Peace Operations aspect of the LL.M. syllabus. How do you like it at the Centre for Human Rights? The ICHR is a wonderful place for post-graduate study. Students are encouraged to contribute to discussions at seminars and the passion that students feel for their own areas of particular interest is palpable. What do you consider as most beneficial so far in the LL.M. programme? For me, personally, the opportunity to research areas of particular interest to me has been the most rewarding aspect of my time here. Students are encouraged to select essay and dissertation topics that they have an interest in themselves and the guidance and feedback from the lecturers is most beneficial. STAFF NEWS & ACTIVITIES PAGE 7 International Disaster and Risk Conference IDRC Davos 2014 at the Centre, and was awarded her doctorate in 2014. During her academic career Dr Duffy has received various awards and scholarships, including the prestigious Department of Foreign Affairs scholarship in conflict resolution, and a National University of Ireland fellowship. Dr Da Costa participated in the 5th Global Risk Forum 2014, organized by the foundation Global Risk Forum. The event took place in Davos, Switzerland, from 24-28 August 2014, and gathered over 500 participants from all over the world. She presented two papers at the conference, entitled: “Can the observance of human rights of individuals enhance their resilience to cope with natural disasters?“, and “Finding the Missing Thread: the Inclusion of a Human Rights-based Approach in Tackling Climate Change Mitigation, Adaptation and Disaster Risk Reduction“, the latter as co-author. The two papers are to be published in the conference proceedings. -KDC Dr Duffy will assist in the delivery of the BA (Human Rights) Connect programme at the Irish Centre for Human Rights. -AD The ICHR welcomes its new Doctoral Fellow Nicholas McMurry Nicholas McMurry is a School of Law Fellow, conducting his PhD studies under the supervision of Dr Shane Darcy in the ICHR. Nicholas is an LL.M. graduate from the Centre from 2011. His studies focus on the concept of participation within economic, social and cultural rights, why this is necessary from a theoretical point of view, and what it might mean from a legal point of view. Nicholas also runs a research business, Shared Insight, with his partner, Siobhan, and they conduct social scientific, legal and socio-legal research on behalf of groups in the voluntary and state sectors, and human-rights advocacy. -TVA Dr Karen da Costa Concluding Her Role at the Irish Centre for Human Rights After two years working with us at the ICHR, Dr Karen da Costa concluded her activities at the end of August 2014. Dr Da Costa graciously noted, „The experience gained at the Centre was absolutely invaluable and I am very grateful for the many opportunities given to me throughout my time working at the Centre! I look forward to closely collaborating with the Centre and its colleagues in future academic initiatives.“ Dr Da Costa moved to London, where she started working at University College London as Research Associate with the Faculty of Laws. -KDC Mara, Scotland Why did you choose the Centre for Human Rights? I was drawn to the wide range of interesting courses offered and the excellent reputation the Centre holds in international human rights and international criminal law. How do you like it at the Centre for Human Rights? I’ve found studying at the Centre inspiring and highly enjoyable. There is a great work ethic and the lecturers are extremely approachable. What do you consider as most beneficial so far in the LL.M. programme? Being taught by lecturers who are so actively involved and passionate about the issues taught in class. It really highlighted the importance of what we were learning. Dr Karen da Costa selected for COST Summer school on Disaster Bioethics Dr Karen da Costa was selected to take part in the COST (European Cooperation in Science and Technology) funded training School on Disaster Bioethics (COST Action IS1201), which took place at the Inter-University Centre (IUC), in Dubrovnik, Croatia, from 23-28 June 2014. The training school aimed at instructing early stage researchers from different countries about ethical issues arising in disasters. It was comprised of lectures, seminars and group work aimed at helping those with disaster-related experience learn about bioethics or those with ethics backgrounds learn about disasters. Trainees with a range of backgrounds were chosen to facilitate interdisciplinary and inter-sectoral discussions. New BA Connect (Human Rights) Coordinator The Irish Centre for Human Rights is pleased to announce the appointment of Dr Aoife Duffy as lecturer in human rights law. Prior to this posting, Dr Duffy worked as adjunct staff at the School of Law and Government, Dublin City University. Aoife Duffy holds an honors BA degree in Applied Psychology from University College Cork, and an M.Phil in International Peace Studies from Trinity College Dublin. After completing the LL.M. programme in International Human Rights Law at the Irish Centre for Human Rights, Dr Duffy engaged in doctoral research Photo: COST Summer school Dubrovnik, Croatia. Walking tour of Old Dubrovnik about History of Medicine, organized by the University of Zagreb School of Medicine, Zagreb. -KDC OPINIO JURIS OPINIO JURIS by Prof. Ray Murphy COULD AN INTERNATIONAL MILITARY PRESENCE WORK IN PALESTINE? There have been a number of proposals in the past for an international peacekeeping or protection force in the context of the Israeli-Palestinian conflict. Amongst these was a call in 2002 by the former UN Secretary-General, Kofi Annan, for a robust multinational presence under Chapter VII of the UN Charter. More recently, President Abbas is reported to have asked the UN to put the ‘state’ of Palestine under ‘international protection’ due to the worsening crisis in Gaza. Israel’s position has evolved from outright opposition to hesitancy and more recently acceptance that a proposed peacekeeping force has merit in the context of a broader agreement. The current round of fighting highlights the necessity to consider all possible options as a return to the status quo ante is untenable. Deployment of an international force could be considered only in the context of a permanent ceasefire and peace process. Under Chapter VII, the UN Security Council possesses a broad range of powers to deal effectively with threats to the peace. Such powers include enforcement action, sanctions and resort to military measures. The most significant challenge to contemporary peacekeeping operations is the need to protect vulnerable groups and it is often expressed in terms of the responsibility to protect civilians. The past decade has witnessed the prioritising of the protection of civilians in statements and resolutions emanating from the Security Council. Despite resolutions and documents expressing resolve by the Security Council, the situation of peacekeeping forces is compounded by the failure to commit resources, manpower and equipment, to enable peace forces respond and confront challenges in the field. The force would need the capacity to prevent incursions by either side into the territory of the other, something that could give rise to significant military and political challenges. Finding agreement for the deployment of international forces is just one step in the process. The requirement for a clear, credible and achievable mandate cannot be overstated. Key issues such as rules of engagement, area of operations and freedom of movement are among the more specific details that must be agreed before any proposed deployment. Will an international force have the mandate and means to protect civilians, whether Palestinian or Israeli? A prerequisite for the deployment of any international force is an agreement between the parties. Consent is a critical factor in determining success. This requires a simultaneous agreement on deployment and area of operations. The deployment of UNIFIL in Lebanon in 1978 demonstrates the hazards of failing to agree such issues at the outset. While UN approval is essential, it does not follow that the international force must be UN led. The most likely candidates to play the lead role are the US or NATO. The Palestinian Authority and Israel would have a veto on the composition of the force. It is likely that European and North American governments would be willing to support any peacekeeping initiative owing to the strategic importance of the region. Nevertheless, all parties would need to be realistic as it could still prove difficult to generate the necessary personnel from potential troop contributing countries. Funding of the entire operation would be a critical issue. Recently the UN redeployed forces from one peacekeeping operation to another to reduce costs. The major funder of UN peace operations is the US, so this is another reason for US PAGE 8 involvement in every aspect of the process. A force of around ten thousand would be large enough to make its presence felt but still reasonable given the area covered by the Occupied Palestinian Territories. So called ‘over the horizon’ forces or reinforcements could be stationed in neighbouring countries like Jordan or Egypt. The nature of any peacekeeping mission would require a mix of traditional peacekeeping and the more robust peaceenforcement missions envisioned under Chapter VII of the UN Charter. Any international force deployed would need to be well armed with the capacity to use force. This would be necessary for force protection purposes and to defend the mandate. The mandate should include a role in the monitoring of international human rights and humanitarian law. This would require the right to intervene to prevent violations as part of a broader strategy to protect Palestinians and reassure Israel. In this regard, a human rights component to the mission would have an important role working with other agencies. The Multi National and Observer Force on the Sinai operates checkpoints, observation posts and conducts patrols in addition to verification tasks. The division of the area of operations into zones provides an example of how areas of responsibility and likely flashpoints can be identified. From a peacekeeping perspective, the fear is that the international forces would be targeted. Random attacks by hard line elements such as Salafi Jihad in Gaza could be expected, but targeting by Hamas would render the mission untenable. There has been no shortage of UN resolutions and political rhetoric in relation to the Israeli-Palestinian conflict. None of these have been matched by a commensurate political commitment to enforce such resolutions and this has been an overriding weakness with UN engagement to date. The Israeli occupation has choked economic and political developments throughout the Palestinian territories and despite UN agencies, the European Union (EU) and the presence of other international organisations, this assistance is hindered by the occupation. An extensive and focused peacebuilding programme will be required. Ultimately, the Arab-Israeli conflict must be addressed, not that between Israel and the Palestinians alone. To succeed, the peacekeeping operation must have a clear mandate and adequate resources and it must be tailored to fit the political, regional and other realities of the Arab-Israeli conflict. Although the military component may be led by NATO, the UN should retain the lead role in the civilian operation and the Office for the Co-ordinations of Humanitarian Affairs is well placed to take this lead. A further challenge is to deploy an international force with the military capacity to enforce the mandate and not be seen as another occupying force merely replacing the Israeli presence. Chris, Nigeria Why did you choose the Centre for Human Rights? I was attracted by the combination of highly skilled academics who worked in the field as practioners, such as Prof. Ray Murphy and Prof. O’Flaherty. How do you like it at the Centre for Human Rights? Again, the experiences the lecturers convey in their lectures is really thrilling and exciting. What do you consider as most beneficial so far in the LL.M. programme? I did my undergraduate studies in Mass Communication, University of Lagos, Nigeria and my LLB in Nottingham Trent University in England. With L.LM, I expect to move into a new area of expertise, develop my skills, get more global picture as regards human rights and humanitarian law, deepen my knowledge, and above all, improve my status. HUMAN RIGHTS NEWS FROM THE SCHOOL OF LAW Franco-Irish Discussion on Marriage Equality The School of Law, in association with the French Embassy in Ireland, hosted a Franco-Irish discussion on marriage equality in April. The keynote speaker was Erwann Binet (photo), deputy of the French National Assembly. Deputy Binet was the rapporteur for the French “mariage pour tous” (marriage equality) bill in 2013 and spoke on the political challenges faced in passing the bill through the French parliament. PAGE 9 Ruth, Spain Why did you choose the Centre for Human Rights? I am student of the E.MA Programme and I decided to do my second semester at the Irish Centre for several reasons. The reputation of the NUIG at the international level, as well as the Irish Centre which is one of the best in the world for the studying of human rights were the first reasons. How do you like it at the Centre for Human Rights? I loved my time at the Irish Centre. The expertise of the lectures gave me a really good perspective on different subjects. The several meetings, conferences and special lectures by scholars and professionals of the field from abroad, have made the stay at the Irish Centre priceless. Also, the opportunity to be involved in different summer schools giving the chance to learn more about other subjects, makes the NUIG one the most attractive places to study. What do you consider as most beneficial so far in the LL.M. programme? I cannot opine so much because I have not done my masters here, but seeing my classmates, the different LL.M. and their subjects, the opportunity to choose a MA specialised in a topic, and decide its classes make it more attractive. I believe it is a great opportunity and it is worth it. Whereas marriage equality was legislated for in France without a referendum – despite significant political and public opposition – the Irish government has committed to holding a referendum to legalise same-sex marriage in 2015, as it believes that the Constitution in its current form would prevent this from being introduced through ordinary legislation. More than three quarters of the members of the Constitutional Convention recommended that the Constitution should be amended to provide for marriage equality for same-sex couples. Parallel to the debate on marriage rights, there has been a move towards legislative reform concerning assisted reproduction and adoption rights in both countries. In this light, the event provided an insight on the shared experience of Ireland and France in undertaking legislative and constitutional reform in controversial areas of family law. The event was chaired by Dr Lucy-Ann Buckley of the School of Law, a family law specialist, who also highlighted relevant aspects of family law reform in Ireland. An official response was provided by Dr Eoin Daly of the School of Law, a specialist in constitutional law, who discussed how similar challenges are being faced in Ireland in relation to marriage equality and highlighted key aspects of the Irish constitutional context. EU Commissioner for Research, Innovation & Science awarded LL.D. (honoris causa) In June the EU Commissioner for Research, Innovation & Science, Máire Geoghegan-Quinn, was awarded an LL.D (honoris causa) at a conferring ceremony held in NUI Galway. She was introduced by Professor Donncha O’Connell, Head of the School of Law, who highlighted her record as the Minister for Justice who introduced legislation to decriminialise homosexual acts, stating: “Máire Geoghegan-Quinn received deserved praise not just for taking the first and crucial step in the advance towards greater equality but for the courageous and generous-spirited manner in which she did so, adopting also, in the face of considerable opposition, a uniform age of sexual consent. Annual Distinguished Lecture 2014 From left to right: Dr Jim Browne, President of NUI Galway, Dr Máire Geoghegan-Quinn, EU Commissioner for Research, Innovation & Science and Prof. Donncha O’Connell, Head of the School of Law In May the Law School hosted its Annual Distinguished Lecture for 2014 which was on the topic of ‘The National Judge and the European Union’. The lecture was delivered by Mr. Justice Nial Fennelly (photo) of the Irish Supreme Court and formerly Advocate General at the Court of Justice of the European Union (CJEU) with a response from Anna-Louise Hinds, Lecturer in EU Law at the School of Law. Although the focus of the lecture was largely on the CJEU, in the discussion afterwards there was quite a bit of discourse on the role of the EU in the area of fundamental rights. Doing the right thing for no political gain but because it is the right thing to do defines a person as truly powerful. As a legislator, Máire Geoghegan-Quinn spoke to our better selves, beginning the process of welcoming to full citizenship at least one group of internal exiles in this state and ending decades of painful public and private strife. We would not now live in a society where it is possible for people, regardless of their sexual orientation, to live full lives within the law, with legal recognition for loving and committed relationships, were it not for the power exercised by Máire Geoghegan-Quinn.” RECENT PHD GRADUATES Helen McDermott Left to right: Dr Shane Darcy (supervisor), Helen McDermott, Prof. Carsten Stahn (external examiner, University of Leiden) and Dr Noelle Higgins (internal examiner) Stefanie Heinrich Left to right: Dr Shane Darcy (internal examiner), Prof. Ray Murphy (supervisor), Stefanie Heinrich, Stephan Parmentier (external examiner, KU Leuven) Bonny Ling PAGE 10 John Reynolds Left to right: Dr Kathleen Kavanaugh (supervisor), John Reynolds, Dr Ekaterina Yahyaoui Krivenko (internal examiner) not pictured: Dr Antony Anghie (external examiner, University of Utah) Heping Dang Left to right: Dr Shane Darcy (Chair), Prof. Michael O’Flaherty (internal examiner), Heping Dang, Dr Jérémie Gilbert (University of East London), Prof. William Schabas Congratulations to all graduates!!! Dientje, The Netherlands Why did you choose the Centre for Human Rights? The ICHR offers a specific focus on relevant fields of international law; the diverse courses are very interesting and enable to specialize myself in the fields I am interested in- such as sexual minorities and gender. How do you like it at the Centre for Human Rights? Really good! The lecturers share their personal stories and are always accessible. I also like it that there are many extra activities organized, such as relevant movies and guest lectures, which makes me feel very involved. Left to right: Dr Ekaterina Yahyaoui (internal examiner), Dr Joel Quirk (external examiner, Wits University), Bonny Ling, Prof. Michael O‘Flaherty (chair) and Dr Shane Darcy (supervisor) What do you consider as most beneficial so far in the LL.M. programme? It is a big international group. They all share their interesting perspectives and come from various backgrounds, for example NGOs, police etc. All these differences make for inspiring discussions in class. CAPTURING RIGHTS: ART WORK AT THE ICHR Capturing Rights: Art work at the ICHR The Centre houses a number of pieces of artwork, some of these are original, that speak to the subject of human rights. The most substantial collection is from British based artist Peter Kennard’s UNWORDS, in which Kennard looks at the Events of 1995 through the words of the United Nations and the financial pages of newspapers. In the book, which contains the images of UNWORDS, the motivation behind Kennard’s work is explained: ‘UNWORDS questions whether the barbarism of the global system can be addressed through the words of the UN, words which in themselves aspire to democracy and freedom. The words and numbers of the financial pages aspire to a very different kind of freedom, that of the market. Kennard demonstrates that it is this which determines the function of the UN and it is this that the UN is bound to protect. In the face of price indexes and market reports words become UNWORDS and the protective language of the UN becomes no more than empty rhetoric masking the reality of the economic and financial imperatives of the market place. PAGE 11 Ireland. The Centre purchased one of his paintings, a portrait of human rights activist Rivera Kalenzo. In choosing Kalenzo as his subject, Block explains: When Rivera Kalenzo learned that soldiers had attacked the Bucana market in Burundi, she had no time to even grieve the deaths of her four eldest children. Determined to protect the remaining two, she fled to Tanzania in an attempt to escape the brutality that had long-accompanied Burundi‘s civil war. In this conflict, the designation of civilian, or even child, offers little protection to a populace subject to terror and intimidation by government forces and opposition groups alike. Hundreds of unarmed citizens are murdered each year, some shot or bayoneted to death while working their fields or taking refuge in their own homes. Children, abducted from primary schools and Tanzanian refuge camps, have been forcibly recruited as soldiers by both government and opposition armies. Those who manage to escape can be subsequently arrested by government forces for „collaboration“ with opposition groups and may be detained in adult prisons for years without trial. In a nation where any side can be the enemy, desperate parents like Rivera Kalenzo have negotiated army minefields on the country‘s border to join the nearly half-million who have sought asylum in neighboring Tanzania. Though the overcrowded, restrictive, and often dangerous refugee camps that mark their destination may offer little more than survival, for a mother protecting the life of her child, survival is the only option. As the struggle for human rights becomes buried by the share prices, the politicians do not even appear on these pages, their absence symbolising their collusion with the multinationals and the international banking system. Ken SaroWiwa is dead. Shell survives unscathed. In the final section of UNWORDS, hands, though damaged and submerged under layers of print, continue to claw, tear and rip at the pages.‘ After viewing Kennard’s work in the Pump House in London, the artist was contacted by the Centre and asked if any of the images of UNWORDS were available in print. Kennard responded by providing the Centre with an entire series of signed lithographs. These prints are on display in the main seminar room of the Centre. Hannah, Ireland/Spain Why did you choose the Centre for Human Rights? I chose the Centre for Human rights because it has the reputation for championing human rights, both at the national as well as at the international level. How do you like it at the Centre for Human Rights? I think it is great here with all these interesting people at the Centre. The professors have a academic and field experience. I also appreciate the multidisciplinary approach to analyze human rights issues. What do you consider as most beneficial so far in the LL.M. programme? The level of expertise conveyed and the discussions at the seminar level. Tom Block is a US based artist. From 2001-2009, Block engaged on a Human Rights Painting Project, in conjunction with Amnesty International. The result was a series of portraits that highlighted human rights advocates from around the world and the vital work of Amnesty International. As part of this initiative, Tom Block came to Ireland and sold some of his work to benefit Amnesty The work of these two artists are joined by a series of photographs from around the world taken by present and former students and staff of the Centre. -KC UPCOMING EVENTS | ALUMNI NEWS | PUBLICATIONS Megan Fairlie UPCOMING EVENTS LAUNCH OF THE KEVIN BOYLE ARCHIVE The family of the late Prof. Kevin Boyle, co-founder of the ICHR, has lodged his archive at NUI Galway. This important archive has much to say about the pursuit of human rights in Ireland, the UK and internationally. The Archive will be launched at a series of events at NUI Galway on the 28th of November 2014. A day-long symposium, organised by the Irish Centre for Human Rights and the School of Law, will bring together leading human rights scholars and activists to address the theme “The human rights scholar/activist or activist/ scholar” and will also explore issues of human rights, archives and memoralisation. The keynote speaker will be Prof. Sir Nigel Rodley, Chairperson of the UN Human Rights Committee. All are welcome to register for the event. Throughout my three years in residence in Galway, I enjoyed the support of the Centre‘s extremely accomplished and accessible faculty. I also benefitted from being a part of a motivated and dedicated student community. The publications I amassed during that time led to my first academic job, as a Lecturer in Law at the University of Ulster in Northern Ireland. Later, when I returned to the United States, my impending doctorate helped me to break into academia at home. Thanks to my time at the Centre, I‘m now an Associate Professor of Law at Florida International University in Miami where I teach, research, and write on the topics I came to love in Galway. Despite the distance, I remain linked to many of my former mentors and colleagues. I consider myself immensely indebted to the Centre, both for the doors it has opened and the wonderful people it has brought into my life. PUBLICATIONS For further information: humanrights@nuigalway.ie Following this symposium the Attorney General of Ireland will launch the Kevin Boyle Archive at the James Hardiman Library. -MOF/TVA BOOK LAUNCH Judges, Law and War: The Judicial Development of International Humanitarian Law On the 16th of October 2014 at 5:30pm in the Irish Centre for Human Rights (Seminar Room) a reception will be held to launch the publication of Judges, Law and War: The Judicial Development of International Humanitarian Law, (Cambridge University Press, 2014) by Dr. Shane Darcy. The book explores and analyses the formative role that international courts and judicial bodies have played in the development of international humanitarian law. It will look at the contribution of judicial bodies to both the specific substantive rules and principles of this body of law, as well to the ways in which this corpus of laws is created, implemented and enforced. -TVA ALUMNI NEWS Kamran Hashemi After my PhD period in July 2007 I started lecturing human rights and humanitarian law at School of International Relations (SIR) in Tehran and other Iranian universities. I also published one book and several articles in prestigious international and Iranian journals on the subject of human rights and Muslim legal traditions. In August 2010 I was appointed as the Director of the NAM Center for Human Rights and Cultural Diversity based in Tehran. During this period in cooperation with the Irish Centre for Human Rights I coordinated several international human rights academic events in different Iranian cities, in which many staff and graduated students of the ICHR attended. On the 27th of July 2014 I have been posted to Ankara as the legal officer of Iranian Embassy and will stay in Turkey for two years more. Burke, Roisin: Sexual Exploitation and Abuse by UN Military Contingents. Moving Beyond the Current Status Quo and Responsibility under International Law, Brill-Nijhoff, June 2014 Darcy, Shane: Judges, Law and War. The Judicial Development of International Humanitarian Law, Cambridge University Press, September 2014 Darcy, Shane: ‘The Principle of Legality at the Crossroad of Human Rights and International Criminal Law’, The “Cross-Fertilisation” Rhetoric in Question: Use and Abuse of the European Court’s Jurisprudence by International Criminal Tribunals, Edge Hill University, England, 13-14 June 2014 (Conference paper) Higgins, Noelle, Badar and Amin: “Boko Haram, Islamic Law of Rebellion and the ICC”, (2014) 3 International Human Rights Law Review 1 Higgins, Noelle: “Advancing the Rights of Minorities and Indigenous Peoples in the United Nations: Getting UN Attention via the Universal Periodic Review”, (2014) 4 Netherlands Quarterly of Human Rights Higgins, Noelle, Ní Uigín and McHale: “The Benefits of Student-led, Peer-reviewed Journals in Introducing Students to the Academy”, (2014) 91 Research in Education 1 O’Flaherty, Michael and Broecker, Christen: Policy Brief. The Outcome of the General Assembly’s Treaty Body Strengthening Process: An Important Milestone on a Longer Journey, Universal Rights Group, June 2014 O’Flaherty, Michael: UN Treaty Bodies. The concluding observations of United Nations human rights treaty bodies, in: The United Nations System for Protecting Human Rights, Volume IV, Dinah Shelton (ed.), Ashgate, July 2014 O’Flaherty, Michael: Strengthening UN treaty bodies: some modest steps forward, at: OpenDemocracy, online at: http://goo.gl/bjFJJP CONTACT DETAILS Irish Centre for Human Rights National University of Ireland, University Road, Galway, Ireland Phone: +353 (0)91-493948 Fax: +353 (0)91-494575 E-Mail: humanrights@nuigalway.ie ICHR UPDATES The Irish Centre for Human Rights now has a social media presence. Please like us on Facebook at: https://www.facebook.com/IrishHumanRights And follow us on Twitter for all updates on the Centre‘s activities at: https://twitter.com/IrishCentreHR