In passing: Judge Patricia Wald (1928-2019), IntLawGrrls contributor and inspiration

Over the last decade it was my honor on occasion to invite Judge Pat Wald to join in a project, to contribute a writing or to speak at an event. Invariably she accepted with the same wry caveat: “Yes, if I am still here by then.” Happily she always was still “here,” enlivening every project to which she contributed. But now she is not. News media reported that Patricia Anne McGowan Wald died in her Washington home yesterday, having succumbed at age 90 to pancreatic cancer.

Many obituaries will focus on her prodigious and inspiring career in the United States: her journey, from a working-class upbringing in a single-parent family, to practice as a lawyer on child rights and in the Department of Justice, to service, in the District of Columbia Circuit, as the 1st woman Chief Judge of a U.S. Court of Appeals, and quite recently, as an Obama appointee to the Privacy & Civil Liberties Oversight Board.

We international lawyers also will recall Wald’s fierce service as a judge on the International Criminal Tribunal for the former Yugoslavia. There, she took part in noted judgments, among them a genocide conviction in Prosecutor v. Krstić and a “turning point” appellate ruling in Prosecutor v. Kupreškić.

Even after retiring from the ICTY, Judge Wald championed international criminal justice, placing particular emphasis on women. It was my privilege to welcome her interventions on these subjects, and at times to aid publication of her contributions (Pat’s computer savvy was, it must be said, rudimentary).

Just last year, the Georgia Journal of International & Comparative Law was honored to publish Pat’s essay “Strategies to Promote Women’s Participation in Shaping International Law and Policy in an Era of Anti-Globalism,” based on remarks she’d given here at my home institution, the University of Georgia School of Law Dean Rusk International Law Center. They were a highlight of our 10th birthday conference for IntLawGrrls blog, not least because Pat referred to us assembled scholars and practitioners as “you ‘young people’ in the room.” She traced the beginnings of international criminal justice, then said:

“I do not suggest that the process of integrating women as upfront participants in international courts, let alone the inclusion of the crimes most commonly committed against women as worthy subjects of international criminal law jurisprudence, has been completed. More accurately, these developments had just gotten off to a reasonable start at the moment that global politics seem to have begun to shift toward a so-called anti-globalist populism. My central point, therefore, is that we must strategize in the face of a desired, yet elusive future.”

Her strategies: ally to strengthen international law, international legal education, and global-mindedness in many sectors, including the arts; “protec[t] the venues in which women have had significant impact,” including the International Criminal Court and related forums; and work globally to raise women’s awareness “about educational opportunities, rights to land ownership and profits, how to start a small business, how to farm efficiently, how to participate in voting or run for office, and about legal rights to divorce or separation.”

Issues like these were prominent in a special issue of the International Criminal Law Review, “Women and International Criminal Law,” dedicated to the Honorable Patricia M. Wald, for which I served as a co-editor along with Jaya Ramji-Nogales, Beth Van Schaack, and Kathleen A. Doty. Wald herself wrote on “Women on International Courts: Some Lessons Learned” for vol. 11 no. 3 (2011). And as shown in that issue’s table of contents, additional contributors included many whom Judge Wald’s life and work had touched: Supreme Court Justice Ruth Bader Ginsburg and Harvard Law Dean Martha Minow, along with Kelly Askin, Karima Bennoune, Doris Buss, Naomi Cahn, Margaret deGuzman, Katharine Gelber, Laurie Green, Nienke Grossman, Rachel Harris, Dina Francesca Haynes, Jennifer Leaning, David Luban, Rama Mani, Jenny Martinez, Fionnuala Ní Aoláin, Katie O’Byrne, Lucy Reed, Leila Nadya Sadat, and David Tolbert. The issue stemmed from a 2010 roundtable (pictured below) that then-Executive Director Elizabeth “Betsy” Andersen hosted at the American Society of International Law, an organization Judge Wald long supported.

Pat’s support for IntLawGrrls predated this event. In 2009, she had contributed a trilogy of essays to the blog: 1st, “What do women want from international criminal justice? To help shape the law”; 2d, “What do women want? Tribunals’ due attention to the needs of women & children”; and 3d, “What do women want? International law that matters in their day-to-day lives”.

In keeping with the blog’s practice at that time, Pat dedicated her IntLawGrrls posts to a transnational foremother, “a wonderful German/Jewish woman, Gisela Konopka,” a University of Minnesota social work professor with whom Pat had collaborated in a lawsuit against the Texas Youth Authority. In her lifespan of 93 years, Konopka, Wald wrote, “fought in prewar Germany for children’s rights, was put in a concentration camp, managed to get out and work her way through occupied Europe to America, where she became the champion of children, especially girls, who got in trouble with the law.” Explaining how Konopka had influenced her, Judge Wald penned a sentence that today does service as her own epitaph:

“She inspired me as to what an older woman can do right up to the point of departure to help those behind.”

(Cross-posted from Diane Marie Amann)

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Accountability for harms to children during armed conflict discussed at ILW panel

NEW YORK – Ways to redress offenses against children during armed conflict formed the core of the panel that our University of Georgia School of Law Dean Rusk International Law Center sponsored last Friday at International Law Weekend, an annual three-day conference presented by the American Branch of the International Law Association and the International Law Students Association. I was honored to take part.

► Opening our panel was Shaheed Fatima QC (top right), a barrister at Blackstone Chambers in London, who led a panel of researchers for the Inquiry on Protecting Children in Conflict, an initiative chaired by Gordon Brown, former United Kingdom Prime Minister and current UN Special Envoy for Global Education.

As Fatima explained, the Inquiry focused on harms that the UN Security Council has identified as “six grave violations” against children in conflict; specifically, killing and maiming; recruitment or use as soldiers; sexual violence; abduction; attacks against schools or hospitals; and denial of humanitarian access. With regard to each, the Inquiry identified legal frameworks in international criminal law, international humanitarian law, and international human rights law. It proposed a new means for redress: promulgation of a “single instrument” that would permit individual communications, for an expressed set of violations, to the Committee on the Rights of the Child, the treaty body that monitors compliance with the Convention on the Rights of the Child and its three optional protocols. These findings and recommendations have just been published as Protecting Children in Armed Conflict (Hart 2018).

► Next, Mara Redlich Revkin (2d from left), a Ph.D. Candidate in Political Science at Yale University and Lead Researcher on Iraq and Syria for the United Nations University Project on Children and Extreme Violence.

She drew from her fieldwork to provide a thick description of children’s experiences in regions controlled by the Islamic State, an armed group devoted to state-building – “rebel governance,” as Revkin termed it. Because the IS sees children as its future, she said, it makes population growth a priority, and exercises its control over schools and other “sites for the weaponization of children.” Children who manage to free themselves from the group encounter new problems on account of states’ responses, responses that Revkin has found often to be at odds with public opinion. These range from the  harsh punishment of every child once associated with IS, without considering the extent of that association, to the rejection of IS-issued birth certificates, thus rendering a child stateless.

► Then came yours truly, Diane Marie Amann (left), Emily & Ernest Woodruff Chair in International Law here at the University of Georgia School of Law and our Center’s Faculty Co-Director. I served as a member of the Inquiry’s Advisory Board.

Discussing my service as the Special Adviser to the Prosecutor of the International Criminal Court on Children in and affected by Armed Conflict, I focused on the preparation and contents of the 2016 ICC OTP Policy on Children, available here in Arabic, English, French, Spanish, and Swahili. The Policy pinpoints the crimes against and affecting children that may be punished pursuant to the Rome Statute of the International Criminal Court, and it further delineates a “child-sensitive approach” to OTP work at all stages, including investigation, charging, prosecution, and witness protection.

► Summing up the conversation was Harold Hongju Koh (2d from right), Sterling Professor of International Law at Yale Law School and former Legal Adviser to the U.S. Department of State, who served as a consultant to the Inquiry.

Together, he said, the presentations comprised “5 I’s: Inquiry, Iraq and Syria, the ICC, and” – evoking the theme of the conference – “international law and why it matters.” Koh lauded the Inquiry’s report as “agenda-setting,” and its proposal for a means to civil redress as a “panda’s thumb” response that bears serious consideration. Koh envisaged that in some future administration the United States – the only country in the world not to have ratified the Convention on the Rights of the Child – might come to ratify the proposed new  protocol, as it has the optional protocols relating to children in armed conflict and the sale of children.

The panel thus trained attention on the harms children experience amid conflict and called for redoubled efforts to secure accountability and compensation for such harms.

(Cross-posted from Diane Marie Amann)

In passing: Caitlyn Antrim

Caitlyn Antrim (credit)

We mourn the loss of one of our earliest supporters and contributors, Caitlyn Antrim. An important expert on the law of the sea (see her posts), on which she lectured at American University Washington College of Law. She died while attending an international conference on that subject. An engineer by training, she named as her IntLawGrrls foremother Grace Murray Hopper, after whom a college at Yale recently was renamed.

Here’s the notice of Caitlyn’s passing:

It is with profound sadness that the Stimson Center announces the death of one of our own, Caitlyn Antrim. Caitlyn passed away on July 28th, in Kingston, Jamaica where she was attending the 24th session of the International Seabed Authority Assembly.

Caitlyn was a Nonresident Fellow of the Stimson Center and the Executive Director of the Rule of Law Committee on the Oceans, a group of scholars and practitioners in ocean law and diplomacy. Previously, Caitlyn represented the US Department of Commerce at the Third UN Conference on the Law of the Sea in 1982, served as Repair Officer and Damage Control Assistant on the USS Schofield (FFG-3), and earned the professional degree of Engineer from the Department of Ocean Engineering at the Massachusetts Institute of Technology.

Caitlyn was a fierce advocate of the United Nations Convention on the Law of the Sea, and she dedicated much of her life to encouraging the United States to become party to the Convention.

She will be missed by all of us at the Stimson Center.

“More than any one person, Caitlyn kept alive the essential discussion of the Law of the Sea issues that have lingered in limbo far too long. Her devotion to the vital mission embedded in the treaty and related matters was simply unparalleled, and her service to America’s national interest in a rules-based management of the oceans was distinguished in the highest degree.”

– Alton Frye, Presidential Senior Fellow Emeritus, Council on Foreign Relations

Register now for inaugural Women’s Leadership in Academia Conference, to be held July 19-20 at Georgia Law

Women law professors, librarians, and clinicians in, or interested in, leadership positions are invited to take part in the inaugural Women’s Leadership in Academia Conference, to be held July 19-20, 2018, at my home institution, the University of Georgia School of Law in Athens, about 65 miles northeast of Atlanta.

Keynote speakers will be Kellye Testy, former Dean of the University of Washington School of Law, who serves as President and CEO of the Law School Admission Council (LSAC is a conference sponsor), and Professor Libby V. Morris, Director of the Institute of Higher Education and Zell B. Miller Distinguished Professor of Higher Education, as well as a former interim provost, at the University of Georgia.

Session speakers will include IntLawGrrls contributor Hari M. Osofsky, Dean at Penn State Law; Sonja West and Emma Hetherington, Georgia Law; RonNell Anderson Jones, Utah Law; Dahlia Lithwick, Slate; Mary-Rose Papandrea, North Carolina Law; Lisa Radtke BlissAndrea A. Curcio, and Jessica Gabel Cino, Georgia State Law; Raye Rawls, University of Georgia J.W. Fanning Institute for Leadership Development; Claire Robinson May, Cleveland State Law; KerryAnn O’Meara, University of Maryland College of Education;  Tim McFeeley, Isaacson, Miller; Lucy A. Leske, Witt/Kieffer; Laura Rosenbury, Dean at Florida Law; Hillary Sale, Washington University-St. Louis Law; and Melanie Wilson, Paula Schaefer, and Joy Radice,  Tennessee Law.

The conference will focus “on building skills and providing tools and information that are directly applicable to women in legal education looking to be leaders within the academy.” As detailed in the full conference program, session topics will include:

  • #MeToo and the Legal Academy
  • Exploring the Value of Female Mentoring Relationships to Cultivate Law School Leadership
  • Strategies for Conflict Management and Dialogue
  • Engendering Equality Within Your Institution: Establishing a Women’s Committee to Achieve Meaningful Change
  • Addressing Gender Disparities in Institutional Service Workloads
  • Academic Search Process Panel
  • Negotiation Strategies
  • Leadership Challenges and Solutions over the Course of a Career
  • Deans Panel

For registration and other details, see here. And act now: the hotel bloc will close in a few days.

“Bemba and Beyond,” reflections on command responsibility

One week after the International Criminal Court Appeals Chamber acquitted a Congolese politician-warlord whom a Trial Chamber unanimously had convicted of rape, pillage, and other crimes, practitioners and scholars continue to debate the decision’s significance. Indeed, the case, Prosecutor v. Bemba, has been invoked in both the papers so far presented at the 2-day ICC Scholars Forum now under way at Leiden Law School’s Hague campus.

My own initial thoughts – concerned not about the decision’s fact-based details but rather to its refashioning of the legal doctrine of command responsibility – have been published at EJIL: Talk!, the blog of the European Journal of International Law. My post, entitled “In Bemba and Beyond,” discusses command responsibility as “a time-honored doctrine with roots in military justice and international humanitarian law.” Placing this appeals judgment in the context of other decisions, the post warns:

“Together, such rulings suggest a turn away from the goal of assigning responsibility at high levels, and toward a jurisprudence which acknowledges (with regret) the commission of crimes, yet holds no cognizable legal person responsible.”

Full post here.

(Cross-posted from Diane Marie Amann)

Jane Addams and Belva Ann Lockwood, et al., the newest members of ASIL

A warm welcoming of new members highlighted the recent annual meeting of the American Society of International Law.

Those welcomed included two luminaries – a Nobel Peace Prizewinner and a U.S. Presidential candidate – plus untold others, as reflected in this resolution, adopted by ASIL’s General Assembly:

RESOLVED,

That the American Society of International Law, wishing to provide recognition and posthumous redress to women who were excluded from membership in the Society during its early years, hereby confers membership on JANE ADDAMS, BELVA ANN LOCKWOOD, and any other women whose applications for membership were denied from 1906-1921.

FURTHER RESOLVED,

That the Society should undertake additional research to determine which members of other groups also were excluded from membership over the course of the Society’s history, and merit similar redress.

ASIL President Lucinda A. Low (left) introduced the resolutions, one of her last acts before handing the presidency to Professor Sean D. Murphy. Low, a partner at Steptoe & Johnson LLP, acted in response to a member inquiry – an inquiry prompted, as Low told ASIL members, by “International Law and the Future of Peace,” the speech I gave upon receiving the 2013 Prominent Woman in International Law award of ASIL’s Women in International Law Interest Group. As I indicated in that speech, original credit is owed to yet another ASIL President: Professor Alona Evans (below left), the 1st woman elected to lead the Society, in 1980, her tenure cut short by her death at age 63 that same year.

Six years earlier, Evans and Carol Per Lee Plumb had published “Women and the American Society of International Law” in the American Journal of International Law. They reported that ASIL, founded in 1906, had refused women’s applications for membership until 1921, the year after the U.S. Constitution was amended to give women the right to vote. Applicants before that time included:

► Lockwood (1830-1917) (top, middle), an attorney-activist who gained admittance to the District of Columbia bar in 1873 thanks to the intervention of U.S. President Ulysses Grant. Thereafter, she became the 1st woman to appear on an official ballot as a candidate for U.S. President, and also the 1st to argue a case before the U.S. Supreme Court.

► Addams (1860-1935) (top, right), the Chicago settlement house leader whose achievements including chairing the 1915 International Congress of Women at The Hague and serving and the 1st President of the Women’s International League for Peace and Freedom. She would earn the Peace Prize in 1931.

According to Evans’ co-authored article, when Addams sought ASIL membership, she was sent a letter in which she was “invited, instead, to subscribe to the Journal ‘for the same amount as the annual dues ….’” That letter constitutes one of the few remaining records of such applications; it is for this reason that the 2018 Resolution refers to all women, known and unknown, who were denied membership.

Similarly lacking is evidence of how members of other groups fared in ASIL. (The sole African-American person elected ASIL President, C. Clyde Ferguson Jr., served just before Evans.) The Society has further resolved to seek this information and grant redress.

As for Evans, President Low indicated that the Society is considering how best to honor her legacy. These resolutions surely constitute a superb 1st step.

(Cross-posted from Diane Marie Amann)

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 (see GAR obituary here), 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.