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)

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)

On Holocaust Remembrance Day, gratitude for archives preserving histories of post-WWII war crimes trials


LOS ANGELES – On this International Holocaust Remembrance Day, I am honored to be spending this month at the USC Shoah Foundation, reviewing testimonies of persons who did their part to set right one of history’s terrible wrongs.

Seventy-three years ago today, Soviet troops liberated Auschwitz-Birkenau, the infamous Nazi concentration camp located about 45 miles west of Kraków, Poland. Liberations of other camps by other Allied forces soon followed; among them, the U.S. liberation of Buchenwald on April 11, 1945, and the British liberation of Bergen-Belsen 4 days later.

Sixty years later, a 2005 U.N. General Assembly resolution set this date aside for commemoration of World War II atrocities; to quote the resolution, of

“… the Holocaust, which resulted in the murder of one third of the Jewish people, along with countless members of other minorities …”

The resolution further:

  • honored “the courage and dedication shown by the soldiers who liberated the concentration camps”;
  • rejected “any denial of the Holocaust as an historical event”;
  • envisaged the Holocaust as “a warning to all people of the dangers of hatred, bigotry, racism and prejudice”;
  • denounced “all manifestations of religious intolerance, incitement, harassment or violence against persons or communities based on ethnic origin or religious belief, wherever they occur”; and
  • encouraged initiatives designed to “inculcate future generations with the lessons of the Holocaust in order to help to prevent future acts of genocide.”

Among the many such initiatives are memorial centers and foundations throughout the world – 2 of which have helped me in my own research into the roles that women played during postwar international criminal trials at Nuremberg.

In December, the Holocaust Memorial and Tolerance Center of Nassau County, located in Glen Cove, New York, opened its archives to me. Special thanks to Helen  Turner, archivist and Director of Youth Education, for her assistance.

This month, as the inaugural Breslauer, Rutman and Anderson Research Fellow, I am in residence at the University of Southern California, examining documents in USC Shoah Foundation’s Visual History Archive. It has been a fruitful and moving scholarly experience, and I look forward to sharing my research at a public lecture on campus at 4 p.m. this Tuesday, Jan. 30 (as I was honored to do last week at UCLA Law’s Promise Institute for Human Rights; video here). Special thanks to all at the foundation’s Center for Advanced Research – Wolf Gruner, Martha Stroud, Badema Pitic, Isabella Evalynn Lloyd-Damnjanovic, and Marika Stanford-Moore – and to the donors who endowed the research fellowship. (Fellowship info here.)

As reflected in the 2005 General Assembly resolution, the work of such institutions helps to entrench – and to prevent backsliding from – states’ promises to ensure and respect human rights and dignity norms, set out in instruments like the 1945 Charter of the United Nations, the 1948 Convention on the Prevention and Punishment of Genocide, the 1948 Universal Declaration of Human Rights, and the 1966 International Covenant on Civil and Political Rights. To this list I would add the many documents establishing international criminal fora to prosecute persons charge with violating such norms – from  the Nuremberg-era tribunals through to today’s International Criminal Court.

(Cross-posted from Diane Marie Amann; image credit)

Women’s leadership in academia focus of Georgia Law event January 5, AALS annual meeting

Law professors, librarians, and clinicians “interested in advancing women into leadership positions within the academy” are invited to take part in a special University of Georgia School of Law reception at next week’s annual meeting of the Association of American Law Schools.

As described in the AALS program, the event will be held January 5, 2018 from 5:30-7:00 pm at the Manchester Grand Hyatt, Level 4, America’s Cup CD, San Diego, California.

University of Georgia Provost Pamela Whitten (left) will give a presentation at the reception, which will also feature breakout discussions led by Kristi L. Bowman (right), Vice Dean for Academic Affairs at Michigan State University College of Law, and Usha R. Rodrigues (below right), Associate Dean for Faculty Development at the University of Georgia School of Law.

o-sponsoring are the AALS Section on Women in Legal Education and the AALS Section Associate Deans for Academic Affairs and Research.

Kudos to my colleague Usha, the principal organizer of this event. It’s a followup to the Roundtable Discussion on Women’s Leadership in Legal Academia that Georgia Law hosted at last year’s AALS one of many Georgia Women in Law Lead (Georgia WILL) events last academic year. As Usha explains in her invitation:

“This event will kick off programming for a new Women in Academic Leadership Initiative. In conjunction with the law schools of Brigham Young University, Michigan State University, UCLA, University of Tennessee, University of Virginia, and Yale University, we are spearheading a program that will feature regional leadership conferences aimed at preparing women in legal education for leadership opportunities and advancement.

“This initiative is in response to valuable feedback from the Roundtable Discussion on Women’s Leadership in Legal Academia we held during last year’s AALS Annual Meeting. Our colleagues expressed a need for a sustained project to foster women’s leadership. Based on that feedback, we have been developing a conference to address needs such as negotiation skills, conflict management, and effective communication. We are also creating panels to discuss various leadership roles and the competitive search process. The inaugural conference, to be held at the University of Georgia on July 19-20, 2018 …”

Details here and here.

Lecture on a Nuremberg woman, November 29 in New Orleans

Longtime readers will know of IntLawGrrls’ abiding interest in “Women at Nuremberg”; that is, women lawyers, women journalists, and other women who played seldom-remarked roles at the post-World War II war crimes trials at Nuremberg. Louisiana-area readers are advised to take advantage of an opportunity to learn about one such woman: “Bessie Margolin and the Nuremberg War Crimes Trials” will be presented from 12 noon-1 p.m. Wednesday, November 29, as a Lagniappe Lecture at the National WWII Museum, 945 Magazine Street, New Orleans.

The speaker will be Marlene Trestman, lawyer and author of Fair Labor Lawyer: The Remarkable Life of New Deal Attorney and Supreme Court Advocate Bessie Margolin (2016), a superb biography of an extraordinary lawyer who helped shape the . The book succeeds Trestman’s 2012 journal article about Margolin, about which I wrote here.

If you’re in the area, this lecture, to be followed by a book signing, is well worth attending. Details here.

Write On! The Palgrave Handbook of Critical Menstrual Studies

backlit_keyboardThis installment of Write On!, our periodic compilation of calls for papers, includes a call for suggestions as follows:

The Palgrave Handbook of Critical Menstrual Studies, is an ambitious endeavor undertaken by Chris Bobel, Breanne Fahs and Katie Ann Hanson, among others in the United States. The focus is to “establish[] a field of ‘critical menstrual studies’ as a coherent and multi-dimensional transdisciplinary subject of inquiry and advocacy.” Suggestions for chapters by potential authors and other possible lines of inquiry are welcomed and encouraged. Deadline is June 20, 2017.


Court Order Protects Women Refugees (For Now)

As I’ve discussed previously, President Trump Executive Order (EO), “Protecting the Nation From Foreign Terrorist Entry Into the United States,” had particularly grave consequences for women refugees. Under the EO, all refugees were suspended from entering the United States for 120 days, which adversely affected women in particular. The EO also suspended all citizens from seven targeted countries—Iraq, Syria, Somalia, Sudan, Libya, and Yemen —from entering the United States, and it banned refugees from Syria indefinitely. Women refugees often flee sexual violence and other persecution, and without refugee protection, women are often stranded in refugee or temporary settlement camps where they face a heightened risk of sexual and physical violence.

In light of this, the nationwide injunction issued by a federal judge in Washington last week and the other day’s Ninth Circuit Court of Appeals’ decision to uphold that injunction are good news for women refugees. Under the injunction, the provision in Trump’s EO suspending refugee admissions is on hold for now, and refugees are once again allowed to enter the United States and seek resettlement as planned. However, President Trump has threatened to fight the decision, indicating he may appeal now to the Supreme Court.

While the Ninth Circuit opinion was not a full-fledged decision on the merits (as it was merely reviewing whether or not to lift the district court’s temporary restraining order), as Jen Daskal helpfully notes on Just Security, the court drew a number of important conclusions. First, while it found that the President’s power over immigration is entitled to substantial deference, the court rejected the Trump administration’s claim that this power is unreviewable, particularly when constitutional rights are at stake.  Second, the Ninth Circuit noted due process rights cover all persons in the United States, including aliens. Third, the court indicated its concerns that the EO is intended to disfavor Muslims, potentially violating the Establishment and Equal Protection Clauses, but ultimately noted it would “reserve consideration of these claims” until the merits have been fully briefed.   Fourth, the court emphasized deep skepticism of the national security claims asserted by the government, noting that the administration has presented “no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States.” In fact, ten top national security experts from across parties and across several administrations filed a declaration with the court indicating that the Executive Order did not, in fact, achieve national security goals and may, in fact, undermine them.

Indeed, refugees scheduled to arrive in the United States have already undergone an intensive vetting process.

*This post is cross-posted at cfr.org.

Call for Papers: Gender and the Political Academy

Convenors: Maha Rafi Atal and Kaitlin Ball

The University of Cambridge’s Department of Politics and International Studies is pleased to invite submissions to its 2017 conference on Gender and the Political Academy. This conference will engage in and help to advance the dialogue surrounding gender issues in politics.  From the appointment of Theresa May as Prime Minister to the presidential candidacy of Hillary Clinton, the past year has witnessed renewed debate about opportunities for and remaining barriers to women’s advancement in political careers in and outside of higher education. New research has highlighted how gender affects the different ways individuals may experience a range of political issues from welfare provision to health care. Ventures such as  IntLawGrrls, Women Also Know Stuff and Foreign Policy Interrupted have drawn attention to the need for better mentorship and support for women in academic political science.

We particularly welcome papers that address the following topics:

  • Making and Surviving an Academic Career: Women pursuing an academic career face a diverse range of challenges, from implicit bias in grading at the undergraduate level, to the challenges of mentorship during postgraduate degrees and postdoctoral fellowships, to parental leave and the burdens of academic care labour.
  • Gender and Political Epistemology: What role does gender play in our understanding of what the discipline of Politics is, both from a theoretical and a practical standpoint? Papers might consider the design of curricular, including the way core undergraduate and masters readings are selected, and the ways in which gender may colour a doctoral or postdoctoral researcher’s fieldwork experience.
  • Will Women Save the World? Assessing the Role of Female Politicians in a Time of Political Upheaval: 2016 saw unprecedented populist upheaval, which has rightly earned the focus on many political commentators. Unfortunately, this focus has overshadowed another important development: the growing numbers of women in leadership positions globally. Nevertheless, the United Nations failed to elect its first female leader, as did the United States. At a moment of global crisis with unprecedented mistrust in politics, we welcome papers that explore opportunities and obstacles for female politicians.

Please submit a title and abstract of 300 words, as well as a CV, to kb558@cam.ac.uk by 1 March 2017. The Department is particularly eager to receive submissions from doctoral candidates and early career researchers.

Not-marchers on the march

nobloodforoilSo, I don’t march.

I stayed home when millions protested the invasion of Saddam Hussein’s Iraq. Stayed home for “No Blood for Oil” too (though I did have the T-shirt, at left). Avoided the streets of my Paris sabbatical home on May Day 2002, when half a million marched to the chants of “Là-Bas Le Pen.”

Pretty much avoided all public demonstrations since childhood, never having really seen the point of taking to the streets instead of concrete action – that is, instead of litigating/teaching/reasoning/writing/policymaking toward lasting solutions.

So why march today?

► Because the promise of the election of Barack Obama – hands down, the best President of my lifetime – so soon was dashed by never-believed yet oft-repeated undercuttings of his citizenship. The spurious claims and the events that ensued sunk the hope that had lifted many of us in 2007 and 2008. Fell particularly hard on those of us who are immigrants, or who count immigrants among our loved ones.

aliceroom3Because in the last years we’ve been forced to swallow bile: cruel falsehoods about the 1st woman to be nominated by a major U.S. political party; harsh slaps against everyone who has endured sexual assault; soulless insults about every disadvantaged group imaginable.

► Because Looking-Glass intrigue belongs to the fantasy world of Lewis Carroll, not to the real world in which we all must live.

Because aspirations to human dignity, equality, liberty, and justice, without borders, will not withstand anti-“globalist” attack unless those of us who hold these values dear come to their defense.

Because if we fail to object, we fail our children.

To quote other ‘Grrls:

“It seems like a day when numbers matter.”

“I couldn’t not go.”

And so even we not-marchers march, in D.C., in Philadelphia, and, at last count, in nearly 700 other places around the world.

march

Call for posts: Help IntLawGrrls cover this week’s global array of counter/inauguration events

posterEven as we mark the achievements of Dr. Martin Luther King Jr. and the many women and men who have kept the movement for human rights and human security on the march, today we at IntLawGrrls look toward events later this week:

► Friday’s transfer of power from President Barack Obama to his elected successor; and, not least,

► Saturday’s Women’s March on Washington, organized around “Unity Principles” that will be familiar to our readers. Accompanying that Capitol counterinaugural event  will be a myriad of Sister Marches – at this writing, it’s estimated that more than 700,000 persons will march at more than 380 sites around the globe. The worldwide map is stunning; in the words of organizers:

“Women’s March Global is a proactive international movement, not a U.S. election-specific protest per se, which has galvanized people to defend women’s rights and those of others in response to the rising rhetoric of far-right populism around the world.”

Eight years ago, we ‘Grrls commemorated Obama’s inauguration with celebratory posts from around the world (here and here), as we had the 2008 election itself (see here). This week we hope to repeat that coverage – this time in a spirit of determination rather than celebration. A number of us plan to march and post, and we welcome all of you to join us in this effort.

If you already have an IntLawGrrls account at this ilg2 site, simply post, ideally with photos, according to our usual process. If you haven’t an account but would like to get ready to post, or if you have one but will need assistance getting your text and photos online while you’re marching, please e-mail our editors at intlawgrrls@gmail.com.

Onward.