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A Set of International Crimes without Coherence or a Proper Name: The Origins of “Atrocity Speech Law”

by Gregory Gordon

[Gregory Gordon is Associate Professor of Law, Associate Dean for Development and External Affairs and Director of the Research Postgraduates Programme at The Chinese University of Hong Kong Faculty of Law.  He was formerly a prosecutor with the International Criminal Tribunal for Rwanda and the U.S. Department of Justice, Office of Special Investigations.]

I have always felt that great scholarship is born of great frustration. And that’s what inspired me to write Atrocity Speech Law: Foundation, Fragmentation, Fruition (Oxford University Press 2017). Why was I so frustrated? The answer goes back to my salad days as a lawyer with the Office of the Prosecutor at the International Criminal Tribunal for Rwanda, when I was assigned to the “Media” team. We investigated, and eventually indicted, certain newspaper and radio executives/employees responsible for inflammatory rhetoric disseminated in the lead up to and execution of the Rwandan Genocide. But there were few legal precepts, and even less jurisprudence, available to guide us. What little there was emanated from Nuremberg, where rabid Jew-hating journalist Julius Streicher, Nazi Radio Division head Hans Fritzsche and Reich Press Chief Otto Dietrich had been prosecuted. So, from a legal perspective, we had to be resourceful as we constructed our ICTR media cases centering on charges of direct and public incitement to commit genocide and hate speech as the crime against humanity of persecution – only the latter having been charged against the just-mentioned Nazi propagandists (other possible speech-related charges available to us were instigation and ordering). But given that we were venturing onto what was largely legal terra nullius (especially with respect to incitement), we often had to grope in the doctrinal dark. So that was the first stage of frustration.

Still, from a law development perspective, I remained sanguine. The key “Media” defendants were ultimately convicted – Ferdinand Nahimana and Jean Bosco Barayagwiza (founders of the infamous Radio Télévision Libre des Milles Collines or RTLM, otherwise known as “Radio Machete”), RTLM announcer Georges Ruggiu, and extremist Hutu newspaper editor Hassan Ngeze. The judgments against them, along with that of Mayor Jean-Paul Akayesu for incitement to genocide (the first in history) – offered hope that a decent foundation had been laid for a law that could effectively govern the relationship between speech and atrocity. But that hope turned out to be misplaced.

Over time, for example, it became clear that there were problems with the formulation and application of the incitement crime, comprising the elements of “direct,” public,” “mens rea,” “incitement” and, possibly causation. Issues arose with respect to each of these. I will not deal with each of them here but will provide some brief examples for illustrative purposes. For instance, thanks in large part to the Akayesu judgment’s paying wishy-washy obeisance to both French- and English-language sources, treatment of the “direct” element was schizophrenically situated somewhere between Common Law and Civil Law conceptions. Unfortunately, the French word for “incitement” – inciter – was also the French word for “instigation” – one of whose elements is resultant violence. So that seemed to engender confusion with respect to causation. Incitement, as an inchoate crime, should not require causation. But Akayesu and its progeny were examining causation in the factual portions all the same and the Akayesu judges even went so far as to assert the need to prove “a possible causal link” between the relevant speech and subsequent violence in that case.

As for the “public” element, its inadequacies were exposed in the so-called “roadblock cases” at the ICTR. Even though inflammatory speech uttered at roadblocks was in a “public” place — because on public roads accessible to all citizens — the speech was held not to be “incitement” because “members of the public” were not present. But if enough persons were present at the roadblock, then “members of the public” could be considered in attendance and the speech could be considered “incitement.” This was a distinction without principle and did not seem to be justified from a policy perspective. Moreover, an advocate’s voice in closer proximity to a listener is arguably more compelling than one from a distance. In other words, private incitement can be just as lethal, if not more, than public.

There were problems with crimes against humanity(CAH)-persecution too. That crime consists of (1) knowingly uttering speech as part of a widespread or systematic attack against a civilian population; (2) resulting in a severe fundamental group-rights deprivation (motivated by group-status); and (3) considered as being of the same gravity level as the other CAH acts. Unfortunately, the ICTR and ICTY have adopted polar opposite positions regarding the issue of whether hate speech not calling for violence can serve as the actus reus for persecution as a crime against humanity. The ICTR concluded that such rhetoric blatantly deprives the target ethnic group of fundamental rights and thus could be the basis for charging persecution. But the ICTY, in the Kordić judgment, found that hate speech not directly calling for violence did not constitute persecution because it failed to rise to the same level of gravity as the other enumerated crimes against humanity acts (such as imprisonment or deportation, for example). And so doctrinal gridlock ensued.

Instigation, the prompting of another to commit an offense (resulting in commission of the offence) – with a connection between the prompting and the crime (i.e. a “contribution”) has also been plagued with problems. As we have seen, it has been consistently confused with incitement and this has exacerbated the muddled jurisprudence regarding causation in both bodies of law. Moreover, there is no consistent approach to the crime’s “contribution” requirement, leading to a series of disjointed pronouncements regarding the degree of contribution and, reading last year’s horrid Šešelj judgment, arguably importing a “but for” causation requirement into the jurisprudence. Ordering, essentially instigation in the context of a superior-subordinate relationship, has been deficient as it permits the superior to escape liability if the command is not carried out (clearly problematic when juxtaposed with incitement to genocide, where there is no superior-subordinate relationship between speaker and listener but the speech utterance itself – regardless of resultant violence — carries liability).

In addition to such individual offense problems, I was also beginning to realize these modalities did not function well together as an ensemble, thus creating significant liability loopholes. For example, in the law’s current state, liability for “incitement” — an inchoate crime — is limited to genocide. Crimes against humanity and war crimes are also horrific atrocity offenses. Why was there no incitement liability connected to those crimes? Similarly, speech uttered in support of contemporaneous mass violence — and with knowledge that the violence is occurring — is limited to the offense of persecution as a crime against humanity. Why was there no speech-specific liability for rhetoric uttered knowingly in support of ongoing acts of genocide or war crimes? The answer could not lie in generic accomplice liability, as it does not recognize the unique power of speech to provoke mass atrocity in the first place.

Upon deeper reflection, it occurred to me that this problem owed to the piecemeal development of the entire body of the law from its inception. On an ad hoc basis, according to individual exigencies at different times, this doctrinal assemblage had been cobbled together by taking a hodgepodge of legal concepts, such as inchoate or accomplice liability, and willy-nilly fastening them to different speech activities. Thus, it is only by historical chance that incitement, a form of inchoate liability, only applies to genocide and not to crimes against humanity or war crimes. The resulting gaps frustrate prevention efforts and help encourage repressive regimes to take advantage of the ambiguity and suppress legitimate speech.

So, in the full measure of time, the growing body of jurisprudence was clearly not allaying my initial sense of frustration. Perhaps, I began thinking, fellow academics and other experts were also noticing these problems and offering solutions. But a review of the literature also left me disappointed – it was as fragmented as the doctrine. Despite excellent individual pieces by talented scholars such as Susan Benesch, Carol Pauli, Wibke Timmermann, Diane Orentlicher and Richard Wilson, among others (myself included – guilty as charged!), there had been no comprehensive study of this body of law. Some articles and books had dealt with parts of it but no single volume had furnished a comprehensive analysis of the entire jurisprudential output and the relation of each of its parts to one another and to the whole (although Wibke’s monograph Incitement in International Law, published after I started writing my book, came closest). No one had yet bothered to step back, systematically consider what has been produced, and provide holistic, constructive analysis and suggestions for change.

And thus was the Atrocity Speech Law project born. After completing my research, I found the book logically divided into the three components of its subtitle. Part 1, “Foundation,” begins with a brief history of atrocity speech, focusing on the Armenian genocide, the Holocaust, and mass killing in the former Yugoslavia and Rwanda in the 1990s. It then looks at the modern treatment of hate speech in international human rights treaties (such as the International Covenant on Civil and Political Rights) and in domestic jurisdictions. This serves as a bridge to a history of atrocity speech law focusing on its origins at the Nuremberg trials. Flowing from this, the book examines the development of speech crimes as formulated in the Genocide Convention and the statutes of the ICTR, ICTY and ICC. It then analyzes the relevant decisions issued by these courts, including the seminal ICTR Akayesu, Ruggiu, and Media Case judgments as well as the ICTY’s Kordić decision. It concludes by considering the general framework and the elements of the crimes established by these decisions.

Part 2, “Fragmentation,” goes on to identify the discrepancies within that framework, its inconsistent applications and other problems the framework engenders, as discussed above. Finally, Part 3, “Fruition,” recommends how the law should be developed going forward to deal with these issues. It begins by proposing how to fix the various problems within each individual speech offense. Then it suggests a more comprehensive and elegant solution: a “Unified Liability Theory” that would replace the current patchwork of speech offenses surrounding atrocity — e.g., incitement only applying to genocide, speech-specific inchoate liability not applying to crimes against humanity or war crimes, and speech offenses related to war crimes being limited to instigation/ordering — and create four general categories of speech offenses: (1) “incitement” (an inchoate mode of liability applying to all three core crimes — genocide, crimes against humanity and war crimes — but eliminating the “public” element from the liability portion of the crime and attaching it to sentencing considerations — while removing “direct” from the title only, not the prima facie elements to help protect free speech); (2) “speech-abetting” (a type of accomplice liability for speech knowingly delivered simultaneously with commission of atrocities, and also applying to all three core crimes); (3) “instigation” (a form of commission liability applying to all speech causally related to subsequent atrocity and thus also linked to the three core crimes); and (4) ordering (criminalizing commands to commit atrocity within a superior-subordinate relationship and incorporating inchoate liability).

And all of these reforms can be operationalized through promulgation of a new treaty, “The Convention on the Classification and Criminalization of Atrocity Speech Offenses,” and/or through amendment of the Rome Statute to include Article 25bis — “Liability Related to Speech.” That new provision, whose equivalent could also be placed in domestic statutes as well as the constituent instruments of existing and/or new ad hoc international tribunals, would contain all four types of speech liability — incitement, speech abetting, instigation and ordering — connected to all three core international offenses — genocide, crimes against humanity and war crimes. The point is that speech’s unique and potent contribution to atrocity should be recognized and criminalized in its own right. It should not become lost in a set of scattered provisions, relegated as a functionally invisible adjunct to other criminal law concepts in the general “modes of responsibility” sections of statutes, charters and codes. And the set of principles it gives rise to should have a name commensurate with its elevated status. That name should capture the entire range of the doctrine and its intimate relationship with mass violence. And this book coins that name: “atrocity speech law.”

Symposium: Gregory Gordon’s “Atrocity Speech Law”

by Chris Borgen

Over the next three days we will have an online discussion concerning Gregory Gordon’s new book Atrocity Speech Law: Foundation, Fragmentation, Fruition (Oxford 2017).

We welcome Professor Gordon (The Chinese University of Hong Kong Faculty of Law), as well as Roger Clark (Rutgers Law), Mark Drumbl (Washington and Lee School of Law), and David Simon (Yale Dept. of Political Science), who will comment on themes from the book.

We look forward to the conversation!

Comparing U.S. Strategies in Constructing Cybernorms with China

by Duncan Hollis

I’ve got a new draft article up on SSRN (you can download it here) entitled China and the U.S. Strategic Construction of Cybernorms: the Process is the Product.  It was written for a really great inter-disciplinary workshop held at Stanford Law School earlier this Spring by the Hoover Institution’s National Security, Technology and Law Working Group (which is chaired by Ben Wittes and Jack Goldsmith). The article will be published shortly in Aegis, the Hoover Institution’s Paper Series with some cross-linking on Lawfare (Hoover already has one of the Workshop’s other papers posted – a great piece by by Adam Segal on Chinese Cyber Diplomacy).

In the meantime, here’s my abstract:

This paper explores the role norms—shared expectations about appropriate behavior within a given community—play in advancing U.S. interests in changing Chinese behavior in cyberspace. It focuses on two recent normative achievements: (1) the U.N. Group of Governmental Experts’ consensus that international law applies in cyberspace; and (2) the U.S.-China understanding that neither State would pursue cyber-espionage for commercial advantages. To date, both agreements have been studied largely in terms of their contents – on what they say.

In contrast, this paper undertakes a broader, process-based analysis of U.S. efforts to generate cybernorms. It compares and contrasts the two projects by examining (a) their respective normative ingredients (i.e., the type of desired behavior, the identity of the group subject to the norm, the source of the norm’s propriety, and the extent of any shared expectations); (b) where the norm promotion occurred (i.e., grafted onto an existing institution or deployed in a newly established process); and (c) the choice of mechanisms—incentives, persuasion, socialization—by which the United States sought to develop and evolve each norm. Doing so reveals a diverse range of choices that offers a new lens for analyzing and assessing how cybernorms may emerge (or change) in a global, dynamic and pluralistic environment. As such, this paper provides a framework for strategizing about the potential risks and rewards of pursuing different normative processes, whether in U.S. efforts to impact China’s behavior in cyberspace or vice-versa. States and scholars would thus do well to assess current and future efforts to construct cybernorms with China and other States by looking at not just one, but all the aspects of normative processes.

As always, comments and feedback are most welcome.

Events and Announcements: April 2, 2017

by Jessica Dorsey

Sponsored Announcement

  • The Academy on Human Rights and Humanitarian Law is pleased to share with you today the newly released brochure for the 2017 Program of Advanced Studies on Human Rights and Humanitarian Law. The Program will take place from May 30 to June 16, 2017 and offers 20 courses in English and Spanish taught by more than 40 world-renowned scholars in the field of human rights and humanitarian law. Professors include Special Rapporteurs from the United Nations, Commissioners, Judges and other members of the Inter-American Commission and Court of Human Rights, Judges from International Tribunals like the ICC, ICJ and ICTY and professors from all over the world. The program provides a unique opportunity to interact directly with these high profile officials who are rarely available in such a personal setting. We also welcome over 150 participants from more than 25 countries around the world, all with varying levels and areas of professional experience in human rights, providing an excellent networking opportunity. The application can be found here: https://goo.gl/WcRh0J, and the deadline to apply is May 1. We would be happy to speak to anyone who may be interested in attending the Program at our new Tenley Campus by email at hracademy [at] wcl [dot] american [dot] edu or by phone at 202-274-4295.

Announcements

  • Duke Law seeks to fill a Clinical Fellow/Supervising Attorney position in its International Human Rights Clinic beginning in the Summer of 2017. The Clinical Fellow/Supervising Attorney will work closely with the Director of the International Human Rights Clinic. She or he will primarily help supervise student fieldwork in Clinic projects and participate in the planning and teaching of the Clinic advocacy seminar. The Clinical Fellow/Supervising Attorney will also work closely with the Director and other faculty to expand Duke Law’s experiential learning opportunities in international law, including through student placements in competitive summer and semester fellowships and externships in human rights and related fields. The individual appointed to the position will receive mentorship in teaching, scholarship, and human rights lawyering and will have an opportunity to work with the faculty affiliated with the Center for International and Comparative Law. Applicants should have a minimum of two to five years of relevant experience. In addition to a record of, or demonstrated potential for, clinical teaching, advocacy, and intellectual engagement, the ideal candidate will have experience: as practicing lawyers or human rights advocates, developing practice- oriented courses, supervising students in fellowships or externships, working collaboratively with faculty, and other evidence of in-depth knowledge of and practical engagement in international human rights law and mechanisms. The initial term of the appointment is expected to be two years. Salary and benefits will be commensurate with experience and competitive with similar fellowship positions at other top U.S. law schools. Applicants should send a statement of interest and CV to Ali Prince at ali [dot] prince [at] law [dot] duke [dot] edu by April 16, 2017. For more information, see here.

Will International Law Matter to the Trump Administration?

by Julian Ku

There are lots of panels and conferences being held around the U.S. (and maybe outside the U.S.) on the new Trump Administration’s policies and their impact on international law. I would like to recommend our readers view some or all of the video from this half-day conference recently hosted in Washington D.C. by the Federalist Society and the American Branch of the International Law Association.  Entitled “International Law in the Trump Era: Expectations, Hopes, and Fears,” the conference has lots of interesting scholars and former U.S. government officials participating.  All of the panels look great, but it is hard to avoid highlighting the panel discussion below with friend of blog John Bellinger and Georgetown lawprof Rosa Brooks tackling the question everyone is asking:

Event: Australia, Refugees, and International Criminal Law (February 13)

by Kevin Jon Heller

I want to call readers’ attention to what should be — despite my participation — a fantastic event at City Law School the week after next. Here is the info:

City, University of London: The Refugee Crisis and International Criminal Law: Are Australian Agents and Corporate Actors Committing Crimes Against Humanity?

City Law School invites you to a panel discussion of international criminal law aspects of the refugee crisis, with a focus on the Australian detention facilities. The discussion will follow the announcement and launch of a new major initiative by the Stanford International Human Rights Clinic and the Global Legal Action Network (GLAN).

Refugees and asylum seekers are currently under attack in many developed countries, including in European states, the US, and Australia. International criminal law has developed around the need for international institutions to intervene on behalf of the most vulnerable populations, when states are unwilling or unable to do so. Can international criminal prosecution help counter the current encroachment upon refugee rights? Currently, the most flagrant examples of such encroachment are Australian practices, which have also served as a model for migration restrictionists around the world. Our focus will be on the treatment of refugees in Nauru and Manus Island by Australian officials and agents, including corporate actors. At issue, however, are not only legal questions. As important are contemporary political conditions, in which the international criminal court is under sustained critique for a seeming bias against African leaders; and in which Western governments and populist movements are proposing new policies that violate refugee rights. Does the concept of Crimes against Humanity accurately capture the conditions of detention and practices of mass deportations? And, if there are international crimes committed, are these grave enough for the International Criminal Court to investigate? Can and should International Criminal Law shift its focus from instances of spectacular or radical evil to the normalised and ‘banal’ violence waged by Western states as a consequence of the structures of global inequality?

Speakers: Ms Diala Shamas, Supervising Attorney and Lecturer, Stanford Law School International Human Rights and Conflict Resolution Clinic; Dr Cathryn Costello, Andrew W. Mellon Associate Professor in International Human Rights and Refugee Law, fellow of St Antony’s College, University of Oxford; Professor Kevin Jon Heller, Professor of Criminal Law, SOAS, University of London; Dr Ioannis KalpouzosLecturer in Law, City Law School, City, University of London; Legal Action Committee, Global Legal Action Network; Dr Itamar Mann, Senior Lecturer in Law, University of Haifa; Legal Action Committee, Global Legal Action Network; Ms Anna Shea, Researcher and Legal Advisor, Refugee and Migrant Rights, Amnesty International.

The event takes place on Monday 13 February 2017 at 18:00 at City, University of London, College Building, St John Street, EC1V 4PB – Room AG21. The event will be followed by a wine reception. Attendance is free. You may sign up here.

Hope to see some OJ readers there!

Events and Announcements: December 18, 2016

by Jessica Dorsey

Here’s an extra-long edition of our Events and Announcements for the holidays. Thanks to all our readership for following us on OJ!

Calls for Papers

  • The blog IntLawGrrls: voices on international law, policy, practice, will celebrate its first decade with “IntLawGrrls! 10th Birthday Conference” on Friday, March 3, 2017. The daylong event will be held at the Dean Rusk International Law Center of the University of Georgia School of Law, which is hosting as part of its Georgia Women in Law Lead initiative. Organizers Diane Marie Amann, Beth Van Schaack, Jaya Ramji-Nogales, and Kathleen A. Doty welcome paper proposals from academics, students, policymakers, and advocates, in English, French, or Spanish, on all topics in international, comparative, foreign, and transnational law and policy. In addition to paper workshops, there will be at least one plenary panel, on “strategies to promote women’s participation in shaping international law and policy amid the global emergence of antiglobalism.” The deadline for submissions will be January 1, 2017, though papers will be accepted on a rolling basis. Thanks to the generosity of the Planethood Foundation, a fund will help defray travel expenses for a number of students or very-early-career persons whose papers are accepted. For more information, see the call for papers/conference webpage and organizers’ posts, or e-mail doty [at] uga [dot] edu.
  • Young scholars and PhD candidates interested in empirical methods in international law are invited to submit expressions of interest for this workshop on the use of “authorities” in international dispute settlement. The workshop will not involve the publication of papers, although works-in-progress will be discussed by the participants. By bringing together young and established scholars using empirical methods, this workshop aspires to provide inspiration and practical guidance. The workshop, funded by the British Academy, is organised by Dr Michael Waibel and will take place on 20 March 2017, at the Lauterpacht Centre for International Law at the University of Cambridge. Expressions of interest shall be sent to Damien Charlotin (dc655 [at] cam [dot] ac [dot] uk) by 10 January 2017 with a description of your research interests and how they relate to the theme of the workshop, plus a CV with a list of publications. The organizer will let applicants know by 20 January 2017 about the outcome of their application.
  • The Minerva Center for the Study of the Rule of Law under Extreme Conditions at the University of Haifa (Faculty of Law and the Department of Geography and Environmental Studies), invites proposals for research activities, aimed at analyzing the various aspects of pre, during and post-emergency resilience. For more details, see the website here.
  • The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the Summer ‘17 Special Issue of the Journal on Recent Regionalism (Vol. 9, No. 1). The manuscripts may be in the form of Articles, Notes, Comments, and Book Reviews. TL&D aims to generate and sustain a democratic debate on emerging issues in international economic law, with a special focus on the developing world. Towards these ends, we have published works by noted scholars such as Prof. Petros Mavroidis, Prof. Mitsuo Matsuhita, Prof. Raj Bhala, Prof. Joel Trachtman, Gabrielle Marceau, Simon Lester, Prof. Bryan Mercurio, Prof. E.U. Petersmann and Prof. M. Sornarajah among others. TL&D also has the distinction of being ranked the best journal in India across all fields of law and the 10th best trade journal worldwide by Washington and Lee University, School of Law for five consecutive years (2011-15) [The Washington & Lee Rankings are considered to be the most comprehensive in this regard]. For more information, please go through the submission guidelines available here or write to us at editors@tradelawdevelopment.com.
  • We invite submissions to a one-day conference on ‘Non-universal franchise? Eligibility and access to voting rights in transnational contexts’ to be held at the European University Institute (Florence) on 3rd April 2017. Convenors: Rainer Bauböck (EUI), Derek Hutcheson (University of Malmö) and Ruvi Ziegler (University of Reading). Papers should connect to the central topic of the conference, with a focus on eligibility to electoral rights, access to the ballot, or both. We invite comparative and theoretical papers from political science, normative political theory, and comparative legal perspectives. Deadline for submission of abstracts Tuesday, 31 January 2017 (by email to derek [dot] hutcheson [at] mah [dot] se). For further details, please see the call for papers.
  • Senior and junior academics and practitioners (including PhD candidates and post-doctoral researchers) are invited to participate in the call for papers of the Colloquium on International Investment Law & the Law of Armed Conflict’. Authors are invited to submit by March 15, 2017,an abstract (of an original paper) which is neither published nor accepted for publication when the Colloquium takes place. Papers will be selected on the basis of submitted abstracts, subject to double-blind peer review. Only one abstract per author will be considered. Abstracts must not exceed 800 words, must be anonymous and not identify the name or affiliation of the author(s) in the abstract, the title, or the name of the document, and must be submitted to the following email addresses: agourg [at] law [dot] uoa [dot] grcathy_titi [at] hotmail [dot] com; and katiafachgomez [at] gmail [dot] com. In addition to the abstract, each submission should contain, as a separate file, a short (one page) author’s CV, including the author’s name and affiliation and contact details and a list of relevant publications. Authors of selected abstracts for the Colloquium will be notified by April 15, 2017. Following this, they must submit a draft paper (6,000-8,000 words) by August 15, 2017. The draft papers will be distributed to the other participants in advance to facilitate an in-depth discussion during the Colloquium  a ‘no paper – no podium’ policy applies. After the Colloquium, submission of final papers by authors is due by November 30, 2017. Selected final papers will be published by Springer, subject to peer review, in the Special Issue of the European Yearbook of International Economic Law (EYIEL) on ‘International Investment Law & the Law of Armed Conflict’.

  • The international criminal justice stream at the SLSA Annual Conference contains four panel sessions and invites submissions on all areas of substantive international criminal justice, whether on theory, policy or practice. Empirical work would be particularly welcomed and papers based on “works in progress” will be considered so long as the work is sufficiently developed. Both individual papers and panel submissions (of three related papers) can be submitted for consideration. Postgraduate students are also encouraged to submit abstracts. Selected papers from the conference will be published in a forthcoming edition of The Hague Justice Journal. For an informal discussion please email the convenor, Anna Marie Brennan at Anna [dot] Marie [dot] Brennan [at] liverpool [dot] ac [dot] uk. Abstracts must be no longer than 300 words and must include your title, name and institutional affiliation and your email address for correspondence.
  • Polish Yearbook of International Law (PYIL) is currently seeking articles for its next volume (XXXVI), which will be published in June 2017. Authors are invited to submit complete unpublished papers in areas connected with public and private international law, including European law. Although it is not a formal condition for acceptance, we are specifically interested in articles that address issues in international and European law relating to Central and Eastern Europe. Authors from the region are also strongly encouraged to submit their works.Submissions should not exceed 12,000 words (including footnotes) but in exceptional cases we may also accept longer works. We assess manuscripts on a rolling basis and will consider requests for expedited review in case of a pending acceptance for publication from another journal. All details about submission procedure and required formatting are available at the PYIL’s webpage. Please send manuscripts to pyil(at)inp.pan.pl. The deadline for submissions is 31 January 2017.
  • Transnational organized crime is a major threat to international security. This has been recognized by the United Nations Report of the High-level Panel on Threats, Challenges and Change. One country’s success in limiting illicit production and flows often results in the displacement of the problem to another state, thereby signalling the need for a coordinated response. The past few decades have seen a growing number of multilateral conventions addressing questions of transnational crime. In response, the emerging field of transnational criminal law is developing with the growing recognition of the need for further research and informed dialogue about important legal questions arising in this context. On May 4-5, 2017, the Transnational Law and Justice Network at the University of Windsor, Faculty of Law, invites academics, policy makers, NGOs, and individuals working on the ground to participate in a multidisciplinary regional dialogue about the most pressing transnational criminal law issues facing the Americas today. Topics may include: the suppression treaty regime generally; legal responses to specific transnational crimes such as drug trafficking, human trafficking, migrant smuggling, money laundering, corruption, firearms trafficking, environmental crimes, and other transnational organized crime; institutions and accountability for transnational crime; and mutual legal assistance, cooperation and capacity building. More information can be found here.
  • The 13th Annual Conference of the European Society of International Law will take place in Naples, Italy, on 7-9 September 2017. The conference will be hosted by the University of Naples Federico II, the oldest public university in the world. The theme of the conference is ”Global Public Goods, Global Commons and Fundamental Values: The Responses of International Law”. The Call for Papers is now open. Deadline for submission of abstracts: 31 January 2017Further information is available on ESIL website.

Announcements

If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

Events and Announcements: November 6, 2016

by Jessica Dorsey

Calls for Papers

  • To mark 15 years since the coming into force of the Statute of the International Criminal Court (ICC) on 1 July 2002, the Journal of International Criminal Justice is pleased to announce a forthcoming symposium on ‘The International Criminal Court’s Policies and Strategies’ to be published in July 2017. The Court and its various organs have continually issued a number of documents explaining the Court’s policies on numerous distinct issues as well as its strategies for the future. The Journal’s Editorial Committee believes that the time has come to take a closer and systematic look at these documents, looking at the choices made thus far, the level of transparency and consistency, as well as suggesting avenues to strengthen the overall effectiveness and credibility of ICC investigative and prosecutorial strategies. The Journal calls for submission of abstracts not exceeding 500 words on the questions described above, or related areas of interest, no later than 15 November 2016. After the abstracts are reviewed, in early December, the Editorial Committee will invite a number of contributors to submit full papers of no more than 8000 words (including an abstract and footnotes) by 28 February 2017. For more information about the call, please visit the website here or contact the Executive Editor at jicj [at] geneva-academy [dot] ch.
  • The university of Michigan Law School will be hosting its Third Annual Young Scholars’ Conference on March 31 – April 1, 2017. This year, The Michigan Journal of International Law intends to publish selected papers from the conference. More information about the call for papers and the conference can be found here.
  • In advance of the 6th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) 2017, taking place in Tilburg, the Netherlands, 20-21 April 2017, and with SIEL’s Postgraduate and Early Professionals/Academics Network (PEPA/SIEL) being, among other things, interested in fostering collaboration and mentoring opportunities for emerging academics and professionals in International Economic Law (IEL). PEPA/SIEL fulfils these goals through various activities such as organising conferences at which emerging IEL academics and professionals can present and discuss their research in a supportive and welcoming environment, have issued a call for papers. More information can be found here.

Events

  • The Centre for Business and Commercial Laws of the National Law Institute University, Bhopal in collaboration with Trilegal, is organizing the second edition of NLIU-Trilegal Summit on Mergers and Acquisitions on 25th & 26th February, 2017. Participating authors are expected to submit either an article or an essay on Mergers and Acquisitions within the contours of the sub-themes. Authors are required to register themselves provisionally by sending an e-mail to trilegal [dot] nliusummit [at] gmail [dot] com outlining their intention of contributing to the summit. Provisional Registration is open up to 30 November, 2016. All papers, along with an abstract (not more than 300 words), must be submitted on or before 15 December, 2016 (11.59 pm). Further details can be found in the Brochure and Submission Guidelines. The brochure can be accessed here and submission guidelines can be accessed here.

Announcements

  • Fietta associates Ashique Rahman and Laura Rees-Evans, along with other public international law practitioners from within private practice and government, have established the Young Public International Law Group (YPILG).  The YPILG aspires to connect PIL practitioners to one another to facilitate knowledge-sharing in the PIL field.  The group will promote the next generation of PIL professionals.  Fietta, Debevoise & Plimpton, Clifford Chance, Matrix Chambers, Essex Court Chambers and the Foreign & Commonwealth Office are the initial co-sponsors of the YPILG.  A drinks reception to launch the YPILG will take place on 29 November 2016 at the Foreign & Commonwealth Office.  Professor Vaughan Lowe will be the keynote speaker. Further information about YPILG, including how to register for the launch event, can be found on the YPILG website 
  • The WZB Berlin Social Science Center’s research area International Politics and Law, unit Global Governance (Director: Prof. Dr. Michael Zürn) is seeking to appoint two research fellows to be employed fulltime (39 hours/week) for up to five years, commencing on 16th January 2017 or as soon as possible thereafter. Main tasks involve the theory-based research of transnational and international institutions, their social and political prerequisites, and the repercussions on national processes. The successful candidates are to work within the framework of the research programme of the Global Governance unit. Please see the unit’s website for more information. Applications (motivation letter, CV, list of publications, references, if applicable) should be sent to the following e-mail address in the form of a single PDF file by 21.11.2016: Barçın Uluışık: barcin [dot] uluisik [at] wzb [dot] eu.
  • The British Institute of International and Comparative Law (BIICL) is looking to appoint a strong candidate to the Arthur Watts Senior Research Fellowship in Public International Law (.pdf) to build on BIICL’s pre-eminence in this area. Public international law helps to address fundamental challenges facing individuals, businesses and governments, including international trade, investment, business, peace and security, armed conflict, terrorism and counter-terrorism, human rights, taxation, communications and the environment. The Fellowship and its activities are funded through the Arthur Watts Appeal,in memory of the late Sir Arthur Watts QC, one of the leading international lawyers of his generation. The Fellowship’s purpose is to ensure that the practical application of public international law remains securely at the heart of BIICL’s work. The Appeal is an active fundraising campaign led by Sir Frank Berman, KCMG, QC and Chair of BIICL’s Board of Trustees. Further details on the Appeal are available here.

If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

Events and Announcements: October 23, 2016

by Jessica Dorsey

Calls for Papers

  • The Cambridge International Law Journal in conjunction with Monckton Chambers will be hosting the Cambridge International and European Law Conference in the Faculty of Law at the University of Cambridge on 23 and 24 of March 2017. More information can be found on the Facebook page here
  • Call for Papers: 2017 ILA-ASIL Asia-Pacific Research Forum, Taipei, Taiwan. The Chinese (Taiwan) Society of International Law will hold the ILA-ASIL Asia-Pacific Research Forum on May 19-20, 2017 in Taipei, Taiwan, ROC. The theme of the Research Forum is “The Geopolitics of International Law: Contemporary Challenges for the Asia-Pacific.” Paper proposals should be submitted by January 10, 2017 to ila [at] nccu [dot] edu [dot] tw. The call for papers is available here.
  • Volume XXVI (2016) of the Italian Yearbook of International Law (IYIL) will include a Focus on “International Law in Regional and Domestic Legal Systems”, which will be edited in cooperation with the Interest Group on “International Law in Domestic Legal Orders” of the Italian Society of International Law. More information about the call for papers can be found here (.pdf).
    .

Events

  • The Cambridge International Law Journal in conjunction with Monckton Chambers will be hosting the Cambridge International and European Law Conference in the Faculty of Law at the University of Cambridge on 23 and 24 of March 2017.
     
    Please find attached the Call for Papers in respect of this conference. We would be very grateful if you could circulate this information on your blog.
  • The New York City Bar Association presents: “International Criminal Justice and Transitional Justice: Tensions and Synergies?” on Thursday, October 27, from 3:30-5:30 pm at the New York City Bar Association (42 W 44th St, New York, NY 10036). After 20 years of international criminal trials, it is time to reassess the relationship between such trials and transitional justice. Do such trials promote the aims of transitional justice or thwart them? Are there synergies between rule of law initiatives and accountability measures or are they operating at cross-purposes? Our speakers will address these fundamental questions in the context of the latest developments in the field, such as the trial of Hissene Habré. More information can be found here.

Announcements

  • iCourts – Centre of Excellence for International Courts, University of Copenhagen, is currently looking for a new professor or associate professor of international law. The Associate Professor’s or Professor’s primary duties include research and teaching, supervision of graduate – and PhD students, participation in examinations, and administrative tasks in relation to bachelor -, graduate – and PhD studies. The Associate Professor or Professor is expected to publish results of their in/with internationally highly recognised journals/publishers, exchange knowledge with relevant parts of the surrounding society, and contribute to the academic development of the research area and related study programmes for the benefit of society and the legal profession. iCourts, the Danish National Research Foundation’s Centre of Excellence for International Courts, is a research centre dedicated to the study of international courts, their role in a globalising legal order and their impact on politics and society. If you are interested in the position, please feel free to read more and apply via the link here.
  • The University of Richmond School of law is looking for a Director of International Programs. The Director is responsible for leading Richmond Law’s international initiatives, including: the build-out of the LL.M., LL.M./M.B.A., and J.D. programs; the creation and implementation of a comprehensive strategy for increasing our international visibility, reputation, and attractiveness to international students; the initiation of co-curricular programming for international students within the law school; the development of academic and other support for international students, so as to maximize the quality of their experience at Richmond Law; and the oversight of other international opportunities within the law school for both students and faculty. The Director will be expected to travel as appropriate to meet personally with both prospective applicants and representatives from law firms, companies, and foreign universities, and will be a key partner with the Dean, the faculty, and senior leadership in identifying, assessing, and taking advantage of new international opportunities. Please apply online here.

If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

Sixth Annual Junior Faculty Forum for International Law

by Kevin Jon Heller

UNIVERSITY OF NOTTINGHAM: MAY 8, 9 and 10, 2017

Earlier today, Dino Kritsiotis (Univ. of Nottingham), Anne Orford (Univ. of Melbourne) and JHH Weiler (NYU) launched the Sixth Annual Junior Faculty Forum for International Law, which will be held at the University of Nottingham in May 2017. All details regarding the Forum procedure and process are available here: http://annualjuniorfacultyforumil.org/

Events and Announcements: September 3, 2016

by Jessica Dorsey

Event

Calls for Papers

  • The Wisconsin International Law Journal announces its Annual Symposium March 31, 2017, University of Wisconsin Law School with the theme of: “Regional Human Rights Systems in Crisis.” For this event, they have issued this call for papers. WILJ invites submission of abstracts of not more than 500 words from legal scholars and practitioners in the fields of regional human rights and international law. The submission deadline is September 15, 2016, and applicants will be notified by October 10, 2016.
  • Call for Papers: Cognitive Sociology, Culture, and International Law. iCourts, Centre of Excellence for International Courts, University of Copenhagen, 28-29 April 2017The third workshop on the sociology of international law aims to break open the study of interactions between various cognitive processes and the formation, interpretation and implementation of international law. More information can be found here.
  • The Cambridge International Law Journal (CILJ) is a double-blind, peer-reviewed journal run by members of the postgraduate community at the Cambridge University Law Faculty. The CILJ is the successor journal to the Cambridge Journal of International and Comparative Law (www.cjicl.org.uk) and is now published by Edward Elgar Publishing. The Editorial Board is pleased to invite submissions for its sixth volume. General call for submissions – International law The Board welcomes long articles, short articles, case notes and book reviews that engage with current themes in international law and EU law. All submissions are subject to double-blind peer review by our Editorial Board. In addition, all long articles are sent to our Academic Review Board, which consists of distinguished international law scholars and practitioners. The deadline for submissions is 28th October 2016 at 11.59 p.m. Submissions received by this date will be considered for publication in Volume 6, Issue 1, to be published in Spring 2017. Further submission information The Journal accepts the following types of manuscript:

    1. Long Articles between 6,000 and 10,000 words but not exceeding 12,000 words including footnotes;
    2. Short Articles not exceeding 6,000 words including footnotes;
    3. Case Notes, including substantive analysis, not exceeding 3000 words including footnotes; and
    4. Book Reviews not exceeding 2500 words including footnotes.
    Please list the word count of the text and the footnotes on your manuscript. All copies must be submitted in Word (.doc) or (.docx) format and must conform to our style guidelines, which are available at the following links: OSCOLA Fourth editionOSCOLA: Citing International Law Sources. To submit, please follow this link. Please ensure that your manuscript does not contain any reference to your personal or professional identity. For further information, please email us at editors [at] cilj [dot] co [dot] uk

Announcements

  • The Centre for War Studies (CWS) at the University of Southern Denmark in Odense is currently advertising a post as Assistant Professor with starting date 1 November 2016 or soon thereafter. CWS is an interdisciplinary research centre rooted in the Departments of Political Science, Law and Cultural Studies. The successful applicant will be skilled at organizing policy and public outreach activities, including workshops, partner networks and various communication platforms. The teaching load will include contributions to the interdisciplinary master degree in “International Security and Law”. The successful candidate can be trained either in international law or international relations, but should research issues of relevance to both communities. This position has been created to advance both interdisciplinary research collaboration and outreach, and if after three years the initiative proves successful, the Departments of Political Science and Law will fund a tenured position, budgets allowing. For more information and the application form see the official job advert. The deadline for applications is 15 September 2016.
  • The Codification Division of the UN Office of Legal Affairs recently added new lectures to the UN Audiovisual Library of International Law website, which provides high quality international law training and research materials to users around the world free of charge. The latest lectures were given by Professor Emmanuel Decaux on “Les défis juridiques de la Convention internationale pour la protection de toutes les personnes contre les disparitions forcées” and Mr. Olufemi Elias on “An Introduction to the Law of the International Civil Service”, “The Chemical Weapons Convention, the Organisation for the Prohibition of Chemical Weapons and Non-State Actors”.
  • The ICRC has recently issued its quarterly bibliographyFor older issues, comments, unsubscribing and feedback, please contact library [at] icrc [dot] org  We take this opportunity to inform you that the annual version for the year 2015 will soon be out (paper and ebook).
    If you wish to receive a paper copy either for yourself or for your institution’s library, we will be glad to send you one free of charge. Please send an email to library [at] icrc [dot] org with the following subject: IHL bibliography 2015 – order.
  • The European Inter-University Centre for Human Rights and Democratisation (EIUC) is proud to launch the first MOOC of the Global Campus Open Learning Series. With contributions by academic and experts from all the regions of the world, the Global Campus massive online courses provide open access to highly qualified learning on topical human rights concerns. The Series opens on 12 September 2016 with a MOOC on “Disability as a human rights issue: global and national perspectives”.
    Enrolment to our GC MOOC is FREE and available on Canvas.net until 14 October 2016
    Course dates: 12 September-24 October 2016
    Duration: 6 weeks – Commitment: 5 hours/week
    Requirements: participation in 4 weekly discussions and completion of 2 quizzes
    Course type: instructor-led
    Credentials: certificate of participation

Our previous events and announcements post can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.

Events and Announcements: August 7, 2016

by Jessica Dorsey

Sponsored Announcement

  • EIUC – Master in Democratic Governance – Democracy and Human Rights in the Mena Region The European Inter-University Centre for Human Rights and Democratisation (EIUC) and its partners International University of Rabat (Rabat, Morocco), Birzeit University (Birzeit, Palestine), St Joseph University (Beirut, Lebanon), Ca’ Foscari University(Venice, Italy), University of Carthage (Tunis, Tunisia) are proud to open the Call for Applications to the third edition of the Master in Democratic Governance – Democracy and Human Rights in the Mena Region (DE.MA), starting in September 2016.
    DE.MA is a multidisciplinary curriculum offering courses in law, political science, sociology and other fields relevant to the study of democratic governance and Human Rights. Open to professionals and graduates, it will combine a theoretical and practical approach and will deliver a professional Master’s degree (60 ECTS) from Ca’ Foscari University, Venice. The first semester from mid/late September 2016 until January 2017 is held at Ca’Foscari and EIUC premises in Venice. During the second semester students will be placed in one of the Universities of the Consortium on the basis of the compatibility of their research and internship interests with the supervision expertise of the partner universities. Students will write a Thesis of 15,000 words which could be based on field and Internship work. Thesis defense and graduation ceremony will be in July 2017.
    The Master is meant to play an active role in the ongoing debate about the principles underpinning the transition of political regimes to democracy. It aims to:
  • Create high-profile experts in the fields of democratic governance and the protection of human rights, allowing them to act as promoters of a process leading to the affirmation of the democratic principles;
  • Foster the creation of an élite group of people committed to the promotion of democratic institutions;
  • Build a network of experts to be active in political institutions, in national and international, governmental and non-governmental organizations in the Region.
    Interested? Here are the practicalities:
    Deadline: 30 June 2016
    Language: English, (knowledge of French and Arabic recommended)
    Teaching method: Face to face teaching
    Tuitions Fees: 4.000.00 euro.
    Tuition Waivers/Scholarships: EIUC offers financial support in the form of a partial contribution towards living expenses and/or a full or partial tuition waiver. This type of financial support is awarded to a limited number of students on the basis of academic achievement, need and geographical distribution.
    More information on DE.MA, criteria for admission and a detailed programme can be found here: http://eiuc.org/dema

Event

  • The Yeoh Tiong Lay Centre for Politics, Philosophy and Law is delighted to announce the first of three Law & Justice Fora for the academic year 2016-17. The first forum is on the topic ‘Human Rights and Development’, and will feature some of the leading thinkers and practitioners in the world working at the interface of human rights and development. The aim of this forum is to address the place that human rights have in rigorous and effective thinking about development policy. There will be a special focus on the socio-economic rights, such as the rights to health, food and education etc. found in the International Covenant on Economic, Social and Cultural Rights (1966). You will be able to RSVP in September via The Dickson Poon School of Law website.

Call for Papers

  • The Goettingen Journal of International Law (GoJIL) dedicates its 8th Student Essay Competition to the topic Transparency in International Law. The GoJIL invites you to actively take part in the illumination of the concept and/or reflect on its implementation on the international level. The deadline for your submission is 30th November 2016. The maximal word count is 5000 words (excluding footnotes). The winning submission will be published in one of the upcoming GoJIL issues. The Student Essay Competition gives young scholars the chance to gain practical experience and get their own professional scientific publication. We strongly encourage you to take advantage of this great opportunity and hand in your submissions. For further details, see www.gojil.eu/essay-competition or contact the Editors at essay [dot] competition [at] gojil [dot] eu.

Announcements

Our previous events and announcements post can be found here. If you would like to post an announcement on Opinio Juris, please contact us with a one-paragraph description of your announcement along with hyperlinks to more information.