In passing: David Caron (1952-2018)

The sudden news of the passing of my dear friend and colleague, Dr. David Caron, fills me with sad thoughts and happy memories.

Years ago, when I was starting out in international law, David – then a chaired professor at Berkeley, the law school an hour’s drive from my own – was a pillar of support. He was the 1st scholar to accept my invitation to speak at the 1st conference I organized, anchoring debate on “Reconstruction after Iraq” and publishing in our Cal-Davis journal an important analysis of claims commissions as a transitional justice tool.

Warm and witty, David once sent me a handwritten note of thanks for the “lovely bouquet” of pre-tenure reprints he’d received from me.

Both of us transplants from Back East, David and I shared an enthusiasm for California and enjoyed helping to cultivate a close-knit Left Coast international law community – even as we took part in events and activities across the globe.

David’s achievements truly are too numerous to mention. Among many other things, he was an inspiring President of the American Society of International Law, from 2010 to 2012. About the time he completed that term, he took emeritus status at Berkeley, and he and his wife, Susan Spencer, embarked on new adventures – 1st as Law Dean at King’s College London.  (A distinguished international arbitration specialist, he had practiced at London’s 20 Essex Street Chambers since 2009. David, a proud graduate of the U.S. Coast Guard Academy, also was a noted expert on the law of the sea.) In 2016, he was appointed a member of  the Iran-United States Claims Tribunal.

It was in this last capacity that I last saw David. The Global Governance Summer School sponsored by my current institution, the Dean Rusk International Law Center at the University of Georgia School of Law, brought us to The Hague not many months ago. The highlight of our legal-institution briefings was the half-day we spent as David’s guests in the lovely mansion that houses this 37-year-old claims tribunal. (It was not his 1st visit with Georgia Law students; David took part in our International Colloquium in 2008, and in the ASIL Midyear Meeting we hosted in 2012. And he was a strong IntLawGrrls supporter.)

With breaks for tea and biscuits – David was ever the gracious host – our students were treated to a candid discussion between David and Dr. Hossein Piran, Senior Legal Adviser. The two had served as tribunal law clerks years earlier, and the respect they showed one another provided an invaluable lesson about the promise of civil discourse and of the pacific settlement of international disputes.

That lesson is a most fitting way to commemorate David’s passing.

Pictured above, during our June 2017 visit to the Iran-U.S. Claims Tribunal, front from left: Ana Morales Ramos, Legal Adviser; Hossein Piran, Senior Legal Adviser; Kathleen A. Doty, Director of Georgia Law’s Dean Rusk International Law Center; David Caron, Tribunal Member; and Georgia Law Professor Diane Marie Amann, Faculty Co-Director of the Dean Rusk International Law Center. Back row, students Nicholas Duffey, Lyddy O’Brien, Brian Griffin, Wade Herring, Jennifer Cotton, Evans Horsley, Casey Callaghan, Kristopher Kolb, Nils Okeson, James Cox, and Ezra Thompson. This tribute is cross-posted from Diane Marie Amann.

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Launching the Winter 2018 Issue of the Transitional Justice Institute Research Paper Series on SSRN

Elise Ketelaars and Catherine O’Rourke

We are delighted to present a new issue of the Ulster University Transitional Justice Institute Research Paper Series on the Social Sciences Research Network. The issue broadly addresses the fields of peacebuilding and transitional justice in Northern Ireland and Latin America. Each of the papers emphasize, in their own ways, the importance of in-depth case study research in enriching their fields of scholarship. Moreover, the issue once again highlights the strong and durable relations that TJI scholars have maintained with practice and activism within and outside Northern Ireland. The issue displays the value of these ties in creating both impactful and innovative approaches to peacebuilding, humanitarian work and justice in societies in transition.

Cath Collins’ report summary on disappearance and enforced disappearance in past political violence in Latin America neatly illustrates the importance of scholar-activism-policy ties. In addition to being a professor at TJI, Cath Collins is the founder and director of the Transitional Justice Observatory at the Universidad Diego Portales, Chile. In her contribution, she collates and synthesises the results of three stimulating dialogues between law, social science and forensic (natural) sciences that took place in Santiago de Chile and Lima, Peru in 2017. The dialogues were organized to inform efforts to give domestic effect in Chile and Peru to the International Convention against Enforced Disappearance. The challenges addressed in the dialogues resonate across many other transitional contexts and confirm the value of disseminating this unique case study research.

The other three contributions concern the Northern Irish context in single case study and comparative research. The paper of Monica McWilliams and Jessica Doyle exemplifies the ongoing engagement of the authors and the TJI with understanding gender based violence in transitional settings. The paper explores the links between intimate partner violence and violent conflict based on findings from more than 100 in-depth semi-structured interviews with women victims of IPV from across Northern Ireland. The paper combines findings from McWilliams’ 1992 study on domestic violence in Northern Ireland with new data she and Doyle gathered during the course of 2016. The paper thereby presents a rare empirically grounded insight into the impact of transition from conflict to peace on intimate partner violence.

Kris Brown’s paper examines the impact on peacebuilding of partisan political commemoration. The paper’s salience is undeniable in light of Northern Ireland’s current ‘Decade of Centenaries’, which encompasses the foundational years in modern Irish history of 1912 to 1923, This paper, in addition to McWilliams and Doyle’s, is an output of the DFID-funded Political Settlements Research Programme, a unique North-South, scholar-practitioner consortium of five institutions (University of Edinburgh Global Justice Academy, Ulster University Transitional Justice Institute, Conciliation Resources, Rift Valley Institute and the Institute for Security Studies).

Finally, we are delighted to present a contribution on the role that ‘wild nature’ can play in peacebuilding, or ‘peace cultivation’. The paper was presented by TJI/INCORE’s Brandon Hamber and Alistair Little and Wilhelm Verwoerd at the 29th Annual Nobel Peace Prize Forum at Augsburg University in Minneapolis. Little and Verwoerd belong to ‘Beyond Walls’ which organises ‘the Journey through Conflict’ process in the framework of ‘Sustainable Peace Network’. Between 2004 and 2011 they have facilitated peacebuilding activities through immersion of participants in ‘wild nature’ in the Scottish Highlands and South Africa. The role of nature in peacebuilding activities has been underexplored. Through the continuous monitoring of the experiences of the over 100 individuals who participated in ‘the Journey through Conflict’ over the years, however, this paper gives a fascinating insight into the role of nature-based activities in peacebuilding. This joint intellectual effort between Hamber and the practitioners from Beyond Walls once again demonstrates how strong and sustainable ties between academia and practice create fertile ground for innovative contributions to scholarship.

 

On the Job! LSE seeks Professor in Dept. of Gender Studies and Director of the Centre for Women, Peace & Security

LSEOn the Job! compiles interesting vacancy notices, as follows:

► Applications are welcome for the position of a Professorship in the Department of Gender Studies (0.5 FTE) and a Directorship of the Centre for Women, Peace and Security (0.5 FTE) located in the Institute of Global Affairs at the London School of Economics. The Department of Gender Studies seeks a Professor to provide ongoing leadership on the MSc in Women, Peace and Security, to co-teach on the core courses for this degree and provide additional teaching in the department in a specialist areas for a fixed-term of 5 years in the first instance. In addition to holding a PhD in a relevant discipline or related inter-disciplinary field, successful candidates will have expertise and research interests in the field of women, peace and security.

► Deadline is March 13, 2018 (23:59 UK time). The position is to commence August 1st, 2018. Click here for details.

 

 

ECOWAS Court clarifies its human rights jurisdiction: no time limit barring human rights complaints and continuing violations are recognised

ECOWASToday, the ECOWAS Community Court of Justice clarified a long-outstanding point of contention: there is no time limit for filing complaints concerning human rights violations. This was held in the case of FAJ and Others v. The Gambia. The Court also clarified that it accepted the doctrine of continuing human rights violations. Judgment was read in court, with the full written judgment expected to be published next week.

Whether or not the ECOWAS Court had a time limit that could bar its jurisdiction over human rights claims brought before it had been unclear for some time. In the case of Femi Falana & Anor. v. The Republic of Benin & 2 Ors. the Court looked at Article 9 of the Court’s Supplementary Protocol to determine whether an application filed in October 2007 regarding an alleged human rights violation that had taken place in April 2004 was admissible. Article 9 sets out the Court’s jurisdiction, specifying in 9(1) and (2) its jurisdiction regarding the interpretation and application of the Community Treaty, directives, and regulations, and acts or omissions by its officials. This is followed by Article 9(3), which read as follows:

“3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.”

This is then followed by Article 9(4), which sets out the Court’s jurisdiction in human rights matters:

“4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.”

No specific indication regarding the time limit in human rights matters – as is present regarding actions brought against the Community or its members – is included in the Protocol. In the Femi Falana case, however, the Court interpreted the time limitation in Article 9(3) as applying to human rights claims as well. As freedom of movement did not constitute a “gross violation of human rights”, in which case no statute of limitation could have applied in accordance with UN GA Resolution 60/147.

The Court clarified today that, for interpretation purposes, the French version of the Supplementary Protocol is the preferred version. It reads as follows:

“L’action en responsabilite contre la Communauté ou celle de la Communauté contre des tiers ou ses agents se prescrivent par trois (3) ans à compter de la réalisation des dommages.”

Accordingly, the Court said, claims for the enforcement of human rights against Member States cannot be barred by the limitation period stated in the Supplementary Protocol. The Court explicitly stated that any previous decisions stating the contrary had hereby  been overruled.

The Court also took the opportunity to address the issue of continuing violations, which so far had never been clarified explicitly by the Court. While in the case of Alade v. Federal Republic of Nigeria the Court considered on the merits a case filed in 2011 by a Nigerian citizen who had been imprisoned since 2003, the issue of continuing violations was not expressly considered in the judgment.  A similar approach was taken in the case of Hydara v. The Gambia.

The Court cleared up any doubts today, when it stated that it recognised the concept of a “continuing harm” in relation to the applicants who had brought a claim concerning their existence in exile from The Gambia – the Court relied on the case of Randolph v. Togo, decided by the UN Human Rights Committee, to reach the conclusion that forced exile was a human rights violation of a continuing nature.

With this decision, the ECOWAS Court establishes itself as currently the most progressive human rights court in Africa when it comes to temporal jurisdiction. Within the region, the East African Court of Justice – which does not have explicit human rights jurisdiction, but can consider complaints about a violation of the East African Community Treaty and also concern human rights – is the most strict. The Court maintains a time limit of 2 months after the violation occurred for filing a claim before it (Article 32 of the Treaty Establishing the East African Community) and in the case of Emmanuel Mwakisha Mjawasi and Others v. The Attorney General of Kenya explicitly rejected the concept of continuing human rights violations. The African Court on Human and Peoples Rights’ rules do not impose an explicit time bar to human rights claims, but do state that applications should be filed “within a reasonable time from the date local remedies were exhausted” (Rule 40 of the Court’s Rules of Procedure). In Mtikila v. Tanzania, the African Court confirmed its recognition of the doctrine of continuing violations.

Looking further afield, the Inter-American Commission of Human Rights, which can refer cases on to the Inter-American Court maintains a time limit of 6 months (Article 32 of the Rules of Procedure). The European Court of Human Rights’ time limit to receive applications is 6 months upon exhaustion of (effective) domestic remedies (Article 35(2) of the European Convention), which will be shortened to 4 months when Protocol No. 15 to the European Convention enters into force.

The ECOWAS Court’s judgment helps in furthering its firm establishment as a human rights court. The Court reportedly ruled on around 249 cases since it commenced its activities in 2001. While statistics on the exact number of human rights applications and rulings are not available, the Court’s human rights mandate has, in the Court’s own words “become the centerpiece of its judicial activities.”

Nani Jansen Reventlow is the former Legal Director of the Media Legal Defence Initiative, one of the parties representing the applicants in this case, and was involved in litigating the case until her departure from MLDI in June 2016.

Go on! Harvard Institute for Global Law and Policy Fellowship Program (deadline Feb. 23) & June Conference (deadline Mar. 16)

Go On! makes note of interesting conferences, lectures, and similar events.

►The Institute for Global Law and Policy at Harvard Law School is currently accepting applications for our 2018-2019 Residential Fellowship Program and IGLP: The Conference.

The Fellowship Program offers full or partial doctoral and post-doctoral fellowship support to a small number of scholars pursuing research in areas related to the IGLPs ongoing work. The Institute welcomes all interested doctoral and post-doctoral scholars who are currently pursuing research in the areas of global law, economic policy, and social justice to apply for our residential Fellowships. Alumni of IGLP Workshops are especially encouraged to apply.

Fellowships typically begin July 1st and run through the following June 30th.

The application deadline is February 23, 2018.

IGLP will also be hosting an international conference at Harvard Law School to showcase innovative thinking about global law and policy.

The program is currently accepting submissions for IGLP Conference Panels and Conference Papers! If you have an idea for a Panel or are interested in presenting your work at the conference, please fill out the appropriate form. Alumni of past Workshops are also encouraged to submit proposals.

 Program Dates:  June 2-3, 2018

The deadline to submit a proposal is March 16, 2018.

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Go On! American University, Program of Advanced Studies on Human Rights and Humanitarian Law (deadline May 1)

Go On! makes note of interesting conferences, lectures, and similar events.

Image result for American University Washington College of Law logo► The Academy on Human Rights and Humanitarian Law, American University Washington College of Law is accepting applications for its Program of Advanced Studies on Human Rights and Humanitarian Law

This annual Program offers 20 courses in English and Spanish lectured by over 40 scholars of relevance in the field of Human Rights and Humanitarian Law. The Program gathers more than 150 participants from more than 25 different countries all in Washington D.C. for an intensive 3 weeks of immersion into the world of human rights.

This is a unique opportunity to learn and interact with judges of the International Criminal Court (ICC), the International Court of Justice (ICJ), Special Rapporteurs and Committee members of United Nations, members of the Inter-American Commission on Human Rights, experts from prominent NGO’s and professors from all over the world.

Program Dates: May 29 – June 15, 2018

Deadline for applications: 1 May 2018

Details may be found on the Program Brochure

Please contact hracademy@wcl.american.edu for more information.

Click here to apply!

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On the Job! Director, Women’s Rights Program in New York

On the Job! compiles interesting vacancy notices, as follows:

► Applications are welcome from candidates holding a bachelor’s degree in a relevant field of study or equivalent experience/ education in challenging barriers to gender equity for the position of Director of the Woman’s Right Program (WRP) of the Open Society Foundation (OSF) in New York.  

The holder of this position will be the principal strategist on women’s rights for the OSF Network, articulating the goals and crafting strategies of the global program and serving as a resource to those designing and implementing the strategies of the national and regional foundations and the various geographic programs in the network.

 

Deadline is March 5, 2018; details here 

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