Book Launch: Gender and Violence in Haiti – Women’s Path from Victims to Agents
I am delighted to announce that Rutgers University Press has just published my book Gender and Violence in Haiti: Women’s Path from Victims to Agents. Jaya Ramji-Nogales will be reviewing the book for Human Rights Quarterly and will post a review soon. In the meantime, here is the publisher’s description:
“Women in Haiti are frequent victims of sexual violence and armed assault. Yet an astonishing proportion of these victims also act as perpetrators of violent crime, often as part of armed groups. Award-winning legal scholar Benedetta Faedi Duramy visited Haiti to discover what causes these women to act in such destructive ways and what might be done to stop this tragic cycle of violence.
Gender and Violence in Haiti is the product of more than a year of extensive firsthand observations and interviews with the women who have been caught up in the widespread violence plaguing Haiti. Drawing from the experiences of a diverse group of Haitian women, Faedi Duramy finds that both the victims and perpetrators of violence share a common sense of anger and desperation. Untangling the many factors that cause these women to commit violence, from self-defense to revenge, she identifies concrete measures that can lead them to feel vindicated and protected by their communities.
Faedi Duramy vividly conveys the horrifying conditions pervading Haiti, even before the 2010 earthquake. But Gender and Violence in Haiti also carries a message of hope—and shows what local authorities and international relief agencies can do to help the women of Haiti.”
Source: International Law Reporter
Gostin & Sridhar: Global Health and the Law
Lawrence O. Gostin (Georgetown Univ. – Law) & Devi Sridhar (Univ. of Oxford) have posted Global Health and the Law (New England Journal of Medicine, Vol. 370, pp. 1732-1740, 2014). Here’s the abstract:
The last two decades have brought revolutionary changes in global health, driven by popular concern over AIDS, novel influenzas, and maternal mortality. Given the rapid globalization that is a defining feature of today’s world, the need for a robust system of global health law has never been greater. Global health law has been defined as the legal norms, processes, and institutions designed primarily to attain the highest possible standard of physical and mental health for the world’s population. Global health law is not an organized legal system, with a unified treaty monitoring body, such as the World Trade Organization. There is, however, a network of treaties and “soft” law instruments that powerfully affect global health — many of which arise under the auspices of the World Health Organization. See Lawrence O. Gostin, GLOBAL HEALTH LAW (Harvard University Press, 2014).
The WHO is the most important institution for negotiating international health agreements. Despite WHO’s normative powers, modern international health law is remarkably thin, with only two major treaties adopted since the agency’s creation, the Framework Convention on Tobacco Control and the International Health Regulations. Despite the potential of “soft” and “hard” instruments to set norms and mobilize multiple actors, global health law-making has major limitations: states are loath to constrain themselves and, therefore, often reject international law or agree only to weak norms; high-income states are reluctant to finance capacity building in lower-income states or provide un-earmarked funding to WHO; and compliance mechanisms are often weak or non-existent. However, global health law, despite its limitations, remains vital to achieving global health with justice.
Source: International Law Reporter
New Issue: Indian Journal of International Law
The latest issue of the Indian Journal of International Law (Vol. 53, no. 3, July-September 2013) is out. Contents include:
- Michael Wood, International Law and the Use of Force: What Happens in Practice?
- Antonius Prijadi Soesilo Wibowo, ASEAN Treaty on MLA and Applicability of CRC Convention in Indonesia and Malaysia
- Syed Ashfaq Hussain, Piracy Jure Gentium: The Challenge of Enforcement
- Srinivas Burra, India and the Protocols Additional to the Geneva Conventions 1949
- Shorter Articles
- Katariina Simonen, Is There A Role for Justice in the Security Council? A Short Discussion of Two Influential Views on Justice in Western and Eastern Philosophical Thinking and their Concrete Application to the Security Council
Source: International Law Reporter
Call for Papers: Access for Humanitarian Action: Legal and Operational Challenges in Assisting and Protecting People Affected by Armed Conflict
A call for papers has been issue for the 9th annual Minerva/ICRC conference on international humanitarian law, to take place November 3-4, 2014, in Jerusalem. The theme is: “Access for Humanitarian Action: Legal and Operational Challenges in Assisting and Protecting People Affected by Armed Conflict.” Here’s the call:
Conference Call For Papers
The 9th Annual Minerva/ICRC Conference on International Humanitarian Law
“Access for Humanitarian Action: Legal and Operational Challenges in Assisting and Protecting People Affected by Armed Conflict”
3-4 November 2014, Jerusalem
The Minerva Center for Human Rights Faculty of Law and The Hebrew University of Jerusalem and The International Committee of the Red Cross (ICRC) Delegation in Israel and the Occupied Territories
INTRODUCTION: The Minerva Center for Human Rights at the Hebrew University of Jerusalem and the Delegation of the International Committee of the Red Cross (ICRC) in Israel and the Occupied Territories are organizing an international conference that seeks to explore some of the most pressing issues surrounding humanitarian action in situations of armed conflict. The conference, the ninth in the series of annual Minerva/ICRC international conferences on International Humanitarian Law (IHL), with the cooperation of the Konrad Adenauer Foundation, is scheduled for 3-4 November 2014 in Jerusalem.
Recipients of this call for papers are invited to submit proposals to present a paper at the conference. Authors of proposals selected for the conference will be offered full or partial coverage of flight and accommodation expenses.
Submission deadline: 1 July 2014
BACKGROUND: Armed conflicts, whether international or non-international, invariably generate tremendous human cost. Humanitarian action attempts to reduce the vulnerabilities of people exposed to violence and deprivation. That objective cannot be attained without access to the affected populations. Under international law, the parties to an armed conflict bear the primary responsibility for ensuring the basic needs of the civilian populations under their control. At the same time, impartial humanitarian organizations have a right to offer their services, in particular when the needs remain unanswered. While the provision of such services is subject to the consent of the party concerned, consent cannot be withheld in the face of persistent basic needs. Moreover, the law requires that parties to an armed conflict, as well as third parties, allow and facilitate rapid and unimpeded passage of impartial humanitarian relief schemes that have been agreed to, and which remain subject to control.
Although central to the very concept of international humanitarian law, humanitarian action faces today multiple and often overlapping challenges which threaten to undermine its purpose and to erode its effectiveness. Some challenges are of a political nature, for example when humanitarian action is blocked because it is perceived as favoring one party to an armed conflict over another. Some are related to the nature of modern-day armed conflicts, for example their fragmentation to a multitude of armed groups controlling different pockets of territory, making it a highly complex endeavour to manage security risks for the provision of relief. Some challenges have to do with the characteristics of those providing assistance, for example when the participation of military forces in relief operations leads to humanitarian operations being perceived as pursuit of military or political agendas. Others still have to do with the legal rules governing humanitarian access to theatres of hostilities.
While conventional and customary IHL establishes the framework of, and conditions for, humanitarian access, there remains troubling ambiguity surrounding the concrete implications of the rights and obligations of state and non-state parties to an armed conflict, as well as of third states and other actors responding to the humanitarian needs of the people affected by the conflict. For example, who exactly is entitled to offer services and under which conditions? Or, can the requirement of state consent be waived under certain circumstances, and if so under which conditions? When would withholding consent be arbitrary and what are the consequences of that? Whose consent should be sought when the central government loses control over an area? Furthermore, it is necessary to have a better understanding of the scope and limitations of the right of supervision that the parties to both international and non-international armed conflicts are allowed to exercise on relief operations. While such a right may include the search of relief consignments or the supervision of their delivery, it must not impede the rapid deployment of a relief operation. What are the concrete implications of the parties’ obligation to “facilitate” the passage of humanitarian relief? And in which circumstances can the denial of humanitarian access constitute a crime under international law? The conditions for carrying out humanitarian action are also an area where further clarification is needed, especially with regard to non-international armed conflicts, as there are very few rules of treaty or customary IHL that regulate this issue.
At a more general level, to what extent are parties to both international and non-international armed conflicts bound to accept humanitarian actions in territories under their control? While the relevant provisions of the two Additional Protocols stipulate that relief actions “shall be undertaken” when the population lacks supplies essential for its survival, thereby clearly establishing a legal obligation, they further provide that such obligation is subject to the agreement of the state concerned. It would thus appear that a balance has to be found between two apparently contradicting requirements. How to strike this balance in practice is a profound and difficult question.
The rights and obligations of actors carrying out humanitarian activities is another issue that warrants further analysis. For instance, to what extent are humanitarian organizations entitled to enjoy freedom of movement in their activities? What are the correlative right of the parties to armed conflicts to temporarily restrict their freedom for reasons of imperative military necessity? And what is the role of third states, including states whose territory is used for the transit of relief operations? In an international armed conflict, the Fourth Geneva Convention and Additional Protocol I provide (in Articles 23 and 70(2) respectively) that “each High Contracting Party”, meaning not only those participating in a conflict, must allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel. This raises questions about the interaction between the consent to humanitarian access given by the parties to the armed conflict and the obligations of third states to facilitate such access. For example, what is the meaning of Article 23 of the Fourth Geneva Convention and Article 70(2) of Additional Protocol I not mentioning consent? Could this imply that humanitarian organization do not require consent for carrying out their activities from such third states? And what can be made of the fact that a similar obligation does not appear in the law governing non-international armed conflicts.
When considering specifically occupied territories, particular questions arise with respect to humanitarian access as regulated under occupation law. This includes for example the application of Article 59 of the Fourth Geneva Convention dealing with relief schemes to an inadequately supplied population in the occupied territory. How does the obligation of the occupying power to agree to relief schemes and to facilitate them compared to the relief actions mentioned by Article 70 of Additional Protocol I, which speaks of relief actions that “shall be undertaken” for populations in other than occupied territories? To what extent must consent by an occupying power be sought? Or, what does the obligation to facilitate relief schemes concretely mean?
Finally, a number of more practical issues surrounding relief operations in armed conflicts should be examined. For instance, the challenge that recent armed conflicts pose to health-care personnel, facilities and beneficiaries is one of the most serious, yet often unrecognized, humanitarian challenges in the world today, resulting in a lack of medical attention for the wounded and sick. Although acts that hinder the delivery of health care often violate basic principles of international humanitarian law and international human rights law, and although numerous efforts have been undertaken by the International Red Cross and Red Crescent Movement over decades to put an end to these acts, the problem nonetheless persists.
The pressing nature of many of these issues warrants an academic debate that would touch upon the application of core humanitarian law principles to a complicated reality. Such a debate is intended to sharpen legal issues, clarify existing standards and propose future directions for strengthening the law governing humanitarian access.
PAPER SUBMISSION PROCEDURE: Researchers interested in addressing these and other questions related to the conference topic are invited to respond to this call for papers with a 1-2 page proposal for an article and presentation, along with a brief CV. Proposals should be submitted by email to the Minerva Center for Human Rights at the Hebrew University of Jerusalem (firstname.lastname@example.org) no later than 1 July 2014.
Applicants should expect notification of the committee’s decision by the end of July 2014. Written contributions (of approx. 10-25 pages) based on the selected proposals will be expected no later than 16 October 2014. The Israel Law Review (a Cambridge University Press publication) has expressed interest in publishing selected full length papers based on conference presentations, subject to its standard review and editing procedures.
CONFERENCE ACADEMIC COMMITTEE:
Prof. Yuval Shany, Hebrew University of Jerusalem (Chair)
Mr. Anton Camen, ICRC, Israel and the Occupied Territories
Adv. Danny Evron, Minerva Center for Human Rights, Hebrew University of Jerusalem
Adv. Miya Keren-Abraham, ICRC, Israel and the Occupied Territories
Adv. Mikhail Orkin, ICRC, Israel and the Occupied Territories
Dr. Yael Ronen, Israel Law Review
Mr. Charles Shamas, Mattin Group, Ramallah
Source: International Law Reporter
New Volume: Anuario Español de Derecho Internacional
The latest volume of the Anuario Español de Derecho Internacional (Vol. 29, 2013) is out. Contents include:
- Estudios Doctrinales
- Romualdo Bermejo García, La evolución del sistema monetario y financiero internacional a la luz de la reciente crisis financiera
- Ángel J. Rodrigo Hernández, El pluralismo del constitucionalismo internacional
- Eugenia López-Jacoiste Díaz, El control cuasi jurisdiccional del Panel de inspección del Banco Mundial
- Alfonso J. Iglesias Velasco, Reflexiones sobre la implementación de los tratados internacionales por los tribunales domésticos: especial referencia a España
- Francisco José Pascual Vives, El margen de apreciación nacional en los tribunales regionales de derechos humanos: una aproximación consensualista
- Pilar Pozo Serrano, Los ataques letales selectivos en la política y la práctica de Estados unidos: análisis desde el derecho internacional
- Yolanda Gamarra Chopo, La política de los derechos y las libertades en las reformas del sistema interamericano
- Juan Jorge Piernas López, Estudio sobre la práctica de la corte Penal internacional en materia de investigaciones preliminares a la luz de la reciente remisión de la unión de comores
- María Orozco Sáenz, La solucion de controversias en derecho del espacio ultraterrestre: análisis comparativo
- Francisco Rubio Damián, El poder inteligente en las operaciones de la otan