International Human Rights Law

[Dr Melanie O'Brien is a Research Fellow at the ARC Centre of Excellence in Policing and Security, Griffith University, Brisbane, Australia. She attended the CEDAW session as a delegate of the American Society of International Law.] The 52nd session of the Committee on the Elimination of the Discrimination Against Women (CEDAW) celebrated 30 years of the Convention on the Elimination of all forms of Discrimination Against Women (the Convention). During the session, CEDAW considered the state reports of the Bahamas, Bulgaria, Guyana, Indonesia, Jamaica, New Zealand, Mexico, and Samoa. The Committee addressed many issues including access to healthcare, access to justice, abortion, education, LGBT concerns, marital and divorce rights, migrant and domestic workers, minority groups (e.g. Roma; rural women), prostitution, and violence against women. However, two issues in particular were emphasised: participation of women in politics, and trafficking of women and girls. The former was the focus of the introductory event commemorating the 30th anniversary of the Convention, as well as considered in the state reporting. Trafficking in women and girls received attention through the state reporting, but was also the topic of a special event held on the final day of the public part of the session. Trafficking is of serious concern to CEDAW, as nearly 80% of trafficking victims are women and girls. The majority of perpetrators are male. Sexual exploitation (79%) is by far the most commonly identified form of trafficking in persons, followed by forced labor (18%). [All statistics from the UNODC 2009 Global Report on Trafficking in Persons.] Due to the bias against women as victims, CEDAW identifies trafficking in persons (TIP) as a form of gender-based violence. TIP also amounts to organised crime and is a violation of human rights. CEDAW is at the forefront of combating TIP through Article 6 of the Convention, which requires States Parties to “take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women”. Through this, the Committee is keen to inform states and the UN on national law, implementation of national activities and plan, the existence of shelters for victims, measures to address root causes of TIP, numbers of prosecutions, and training/awareness raising of law enforcement personnel and the judiciary. CEDAW also interacts with civil society, through non-governmental and other organisations, to explore ways and means of helping states address TIP concerns.

My colleague Mark Movsesian has a post at the St. John's Center for Law and Religion Forum concerning the case of Ramil Safarov. He begins: At a NATO conference in Hungary in 2004, an Azeri officer, Ramil Safarov, murdered one of the other participants, an Armenian officer named Gurgen Margaryan. Actually, that doesn’t quite capture it. Safarov broke into Margaryan’s room,...

Having followed the terrorism litigation against Iran for years, I was fascinated to read of the recent legislation—Section 502 of the Iran Threat Reduction and Syria Human Rights--that creates a legislative fix for victims of one particular group of terrorist victims but not thousands of others. The law in question grants plaintiffs/judgment creditors in one and only one case—Peterson...

Just when you thought you've seen everything -- you haven't: According to a statement posted on the website of the Special Court for Sierra Leone, Judge El Hadji Malik Sow, a Senegalese jurist who served as alternate judge for Trial Chamber II, has agreed to testify in the wake of the defense appeal. A guilty verdict was handed down against Taylor last...

What I said last month, about Mauritania refusing to extradite al-Senussi to Libya?  Never mind: The man accused of having helped orchestrate some of the worst crimes committed by the regime of ex-Libyan leader Moammar Gadhafi has been extradited back to Libya, according to a Mauritanian government statement. The communique carried by national radio and on Mauritania's official news agency said Abdullah...

A recent post at Mother Jones mentions my view of UBL's killing and provides Ken's brief thoughts on his death: Kenneth Anderson, a law professor at American University Washington School of Law, disagrees. "Being wounded does not necessarily render one hors de combat; hors de combat means they’re not actually posing a threat to you," Anderson says, citing moments where wounded...

Of the 1500+ posts I've written for Opinio Juris over the past seven years, none angered my fellow progressives more than the post in which I claimed that the killing of Usama bin Laden was perfectly legal under international law.  Here is what I wrote: To begin with, I think the applicable legal regime is international humanitarian law (IHL), not international...

South Africa recently decided that, in order to avoid consumer confusion, goods imported from the Occupied Palestinian Territories must include special labels that make clear they were not produced in Israel.  Israel's outrage was predictable -- but its rhetoric was anything but: The Israeli Foreign Ministry said it would summon South Africa's ambassador to lodge a protest over the decision on...

Mark Klamberg, who is a lecturer in public international law at the University of Stockholm, has a detailed post on his personal blog about the likelihood -- or unlikelihood, to be more precise -- that Sweden would extradite Julian Assange to the United States.  He has kindly given me permission to reprint a significant portion of it (I've made minor...

Fresh off the failure of the Arms Trade Treaty -- aka The UN's Secret Plan to Disarm the Defenders of Freedom and Enslave Mankind -- Google has released an amazing new tool that maps global flows of light weapons and ammunition.  Here is how the Huffington Post describes the tool: The Peace Research Institute Oslo (PRIO), a Norwegian initiative focused on...

A friend of mine asked me that question the other day.  Imagine that a non-state actor (NSA) had both a legislative branch that enacted criminal laws and a functioning criminal-justice system that prosecuted violations of those laws.  Could the NSA challenge the admissibility of a case pending at the ICC on the ground that it was already investigating or prosecuting...