The Asian Law Institute (ASLI) and the Faculty of Law, University of Hong Kong are holding the 6th Annual ASLI conference in Hong Kong on 29 and 30 May 2009. In addition to a general call for individual papers on the conference themes, individuals are encouraged to propose and organize panels by coordinating with colleagues. Selected papers may be considered for publication in special issues of the Asian Journal of Comparative Law and the Hong Kong Law Journal. The deadline for submission is Friday, 9 January 2009. More

Today marks the 60th anniversary celebration of the Universal Declaration of Human Rights, one of the foundations of international human rights law. The UN General Assembly adopted and proclaimed the Declaration by Resolution 217 A (III) of 10 December 1948. The 30 articles signify the "common standard of achievement for all peoples and all nations" with respect to a bundle of human rights: civil, cultural, economic, political, and social. Individuals have the right to be free from discrimination (art. 2) slavery (4), and torture (5) and to the affirmative rights of equal protection (7), gender equality (16), freedom of thought (18), freedom of expression (19), peaceful assembly (20), participation in government (21), and economic and social rights (22-27). The Declaration recognizes that these fundamental rights belong to each individual and are not bestowed upon them by any sovereign power. The sovereign has a responsibility to uphold and protect these individual rights. At the time of its adoption, the Declaration was non-binding on the U.N. member states. Many provisions, however, have become legally binding under customary international law and through codification in international treaties, state constitutions, and domestic laws. More

During the past week, three of the five permanent members on the UN Security Council publicly called for Zimbabwe President Robert Mugabe to step down from office. The United States, France, and the United Kingdom point to the continued violence, the regime's repressive policies against opponents and the media, its failed economic management, and the worsening cholera and humanitarian disasters. On Sunday, Kenya's Prime Minister Raila Odinga recommended an immediate authorization of African Union or UN troops by the African Union and the UN Security Council acting under its Chapter VII powers and the investigation of President Mugabe for crimes against humanity. China and Russia, however, are leery of the potential precedent should the UN Security Council authorize coercive intervention in Zimbabwe's sovereign domestic affairs. The government of Zimbabwe, meanwhile, contends that the cholera outbreak is the direct consequence of international sanctions and that the major powers are using the outbreak as political smoke screen to "mask their itch for aggression." This post discusses whether there is legal authority under international law for the international community to respond through the UN Security Council to a public health emergency, in the absence of state consent, when a state fails to protect its citizens or the people of other states during an infectious outbreak. More

Sixty years ago today on 9 December 1948, the UN General Assembly unanimously adopted the Convention on the Prevention and Punishment of the Crime of Genocide by Resolution 260 (III). Outside in the hallway, an unassuming lawyer from Warsaw sat alone upon the floor in tears. His fifteen years of effort to name and prohibit the crime of "genocide" was finally rewarded. For the man who asked, "Why is the killing of a million a lesser crime than the killing of a single individual?", Raphael Lemkin demonstrated what a difference a sole individual can make in shaping international law. Yet, despite Lemkin's efforts to ensure legal mechanisms to deter and punish future mass atrocities, the international community continues to struggle with the modern crime of genocide and the adequacy of mechanisms for international cooperation in the deterrence and punishment of the offenders. The Genocide Prevention Task Force concludes that the most important legal force to prevent genocide is a UN Security Council resolution, "if it is possible to obtain one." More

The Second Biennial General Conference of the Asian Society of International Law, to be held in Tokyo from 1-2 August 2009, is soliciting papers under the main theme of "International Law in a Multi-polar and Multi-civilizational World: Asian Perspectives, Challenges and Contributions." The Organizing Committee seeks to encourage the participation in the Conference of all international lawyers, whether young professionals or established scholars, academics or practitioners, by inviting submissions of papers or proposals for speakers or discussants in all sessions and panels. The deadlines for calls for papers/panels occur in three phases: 31 December 2008, 31 January 2009, and 28 February 2009. More

"The difficult we do at once. The impossible takes a bit longer." Borrowing this motto from the Seabees, I embarked on studying "at once" after graduation for the bar examination, an examination of essays and multiple choice questions sometimes likened to a multi-day sporting event. I am pleased to report that the hard work and my clean lifestyle paid off. I passed the in-depth character investigation, the in-person interview conducted by a senior attorney, and the bar exam with a high-scoring MBE. Next, I have a mandatory class and the swearing-in ceremony, to be scheduled. The task of bringing justice to all the world's people will "take a bit longer" and will require much concerted effort, by lawyers and non-lawyers. More

At the Syrian National Forum on Honor Crimes, held 14-16 October 2008 in Damascus, Dr. Abboud Al Sarraj, the former Dean of the Damascus Faculty of Law, delivered a speech on the need to reform Article 192 and to repeal Article 548 of the Syrian Penal Code because these honor-crimes exemptions are inconsistent with Islamic Shari'a law. Dr. Mohamed Farouq Al-Basha, the legal adviser at the Syrian Commission for Family Affairs, argued that Article 548 violates key provisions of the Syrian Constitution. The final recommendations adopted at the National Forum called for the reform of the punishment under Article 192, the repeal of Article 548, and the strengthening of the penalty for adultery for both men and women. Women's rights advocates in Syria see this as a step towards the abolition of honor crimes or at least a review of the unequal treatment of women under those articles of the Penal Code. More

Today, Ambassador Anders Lidén, Sweden's Permanent Representative to the United Nations, addressed the general debate about the Responsibility to Protect and Sweden's role in R2P at a well-attended seminar at the House of Sweden in Washington, D.C. The two discussants included former Ambassador Princeton Lyman with the Council on Foreign Relations and Tod Lindberg with the Hoover Institution. Will Davis, the Director of the United Nations Information Center in Washington, D.C., served as the moderator. The discussion included reflections on the legitimacy and legality of R2P and its applicability to Darfur, the eastern DRC, Burma, Chechnya, Ossetia, and Tibet. More

The Journal of Business Ethics invites submissions for a special edition on "Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights." Submissions are due 1 December 2008. More

This blog post compares the International Court of Justice (ICJ) with the International Criminal Court (ICC). It is part of a series of background material on international law. More

The day after Iran's parliament removed the Minister of the Interior from office for forged academic credentials, it passed a new law to require presidential candidates to hold a master's degree or its equivalent. The bill passed by a majority vote, with 151 members of the 206 members present voting in favor of it, 31 against, and 6 abstentions. The law is subject to final approval or veto by the twelve-member Council of Guardians, which reviews all laws passed by the parliament to determine any conflicts with the Constitution and Islamic Sharia law. More

Iran's parliament, known as the Malijis of Iran or Islamic Consultative Assembly, impeached Interior Minister Ali Kordan under Article 89 of the Iranian Constitution for forging an honorary doctorate degree in law from Oxford University. The forged Ph.D. diploma, complete with spelling and grammatical errors, was purportedly granted for his "education materials and his research" in comparative law. Oxford University confirmed that no honorary degree was awarded and that the diploma is not authentic. Mr. Kordan became the 10th Minister to be replaced. The Iranian Constitution requires the President to resubmit all cabinet members in the Council of Ministers to the Assembly for approval if more than half of the 21 cabinet ministers are replaced. Thus, the next replacement, either voluntarily by President Mahmoud Ahmadinejad or through parliamentary action, will trigger this constitutional requirement under Article 136 to require "a fresh vote of confidence from the Assembly" for the entire cabinet. More

Last week, Laurent Nkunda's armed militias in war-torn eastern Congo raided, seized, and deliberately destroyed and burned refugee camps located north of Goma, the provincial capital of North Kivu. His strategic political goal was to spark a crisis and to bring about the conditions to demand direct negotiations with the Congolese government. Two days ago, a UN aid convoy, protected by UN peacekeepers, reached the camps and confirmed that several camps were completely destroyed and their 50,000 occupants missing. With UN officials warning that the eastern Congo is on the brink of a "humanitarian catastrophe," possibly more civilians will die from disease and starvation than bullets and physical violence. As UN officials and international leaders contend with the pros and cons of the strategic political and military options under international law to respond to rebel-led attacks on UN peacekeepers and civilians, this blog considers whether the international community can consider retributive justice through international criminal prosecution under the Rome Statute for deliberate acts leading to the starvation of civilians and explores proposals to amend the Rome Statute to strengthen food security protections for civilians. More

The Notre Dame Journal of Law, Ethics & Public Policy invites submissions on "Immigration" and "The Environment" for its journal and Spring 2009 symposium. Articles, essays, or speeches are welcome. Submissions are due 15 December 2008. More

The International Journal of Sustainable Development Law and Policy solicits articles for its upcoming issue. The deadline is 1 December 2008. More

The World Wide Web Conference on 20-24 April 2009 in Madrid, Spain is the global event that brings together key stakeholders and the standards bodies working to shape the Internet. Paper topics may include security, privacy, and supranational governance. Papers are due 3 November 2008. More

The International Law Section of the State Bar of California invites papers for possible publication in The California International Law Journal. The papers may be on any subject that would be of interest to an international law practitioner. Any student currently enrolled in, or a 2008 graduate of, an accredited law school in a J.D., L.L.M., Ph.D and S.J.D. program may submit an article for consideration. Prize: US$2,000. More

October 31 is the last day to submit abstracts for the Journal of Private International Law Conference to be held at New York University on 17-18 April 2009. A limited number of paper-presenters will be selected on the basis of abstracts of 500 words. Scholars at all stages of their academic or professional careers are encouraged to submit abstracts. More

Non-governmental organizations (NGOs) or other entities in the EU are eligible for operating grants to conduct activities related to fundamental rights and justice. Possible activities include civil rights promotion, judicial training, professional information exchange, and access to justice. Individual grant amounts are EUR 250,000. Co-financing grants are up to 80% of the total eligible costs of the relevant financial year 2009. The application deadline is 13 November 2008. More

On 23 October 2008, Syria acceded to the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, becoming the 32nd state party. The treaty, also referred to as the UN Mercenary Convention, entered into force in 2001 in response to increasing concern over the accountability of private military companies providing security capabilities traditionally performed by state actors, including intelligence, military training, security services, logistical support, and prison operations. The Convention is the only international treaty applicable to mercenaries and private military and security companies, yet a UN Working Group in August 2008 concluded that the Convention is effective only at regulating "traditional" mercenary activities, not private military companies. The Working Group recommended the development of a new international agreement specific to private military and security companies. Why, at this time, did Syria accede to the Convention? More

This post is part of a series of background material on international law and answers frequently asked questions about the Responsibility to Protect (R2P). More

Gareth Evans, President of the International Crisis Group, gave the keynote address this morning to conclude UN Week 2008 in Washington, D.C. He argues that whatever we mess up in human rights, we cannot mess up in our response to mass atrocity crimes. Let's never again have a repeat of preventable horrors, such as those in the 1990s in Somalia, Rwanda, and the former Yugoslavia. He asserts that we cannot allow indifference to what happens solely within a state's borders to be institutionalized. He, however, limits the scope of Responsibility to Protect, known as R2P, to situations where leaders act with criminal intent. Accordingly, he contends that international action in Burma after Cyclone Nargis would not be justified in the absence of demonstrating a violation of international criminal law by the political leaders. Further, he distinguishes between domestic conflicts, such as Sri Lanka, and R2P-type conflicts, which may be arising in the eastern DRC. He concludes that future progress in R2P faces three challenges: conceptual, institutional, and political. More

Sixty-three years ago on October 24, 1945, the UN Charter entered into force and became legally binding upon 29 countries. The preamble to the UN Charter envisioned the establishment of an international organization "to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained." Today, the United Nations, its agencies, and its courts and tribunals play a prominent role in coordinating, reaffirming, and enforcing the promises of fundamental human rights, international peace and security, the promotion of the economic and social advancement of all peoples, and the rule of law. Most recently, 44 of the 192 UN member states took 84 treaty actions relating to 37 treaties registered with the United Nations on a wide range of subjects, including corruption, organized crime, human rights, disarmament, refugees, the environment, and trade. More

This post is part of a series of background material on international law and answers frequently asked questions about what constitutes international law and sources of international law. More

Part II continues the discussion on whether legally mandated quotas should be used as affirmative mechanisms to increase women's political representation in national legislatures. The discussion explores the advantages of legally mandated quotas systems used in 46 countries, the perils of quotas, and whether quota systems could be considered discriminatory under international human rights law.More

The United Nations Development Fund for Women (UNIFEM) released a report last month titled, "Progress of the World's Women 2008/2009: Who Answers to Women? Gender and Accountability." The report, in part, examined how countries have implemented their obligations under the Millennium Development Goals to increase the number of women in public office. The good news is that more women serve in governments today than ever before. Further, eleven women serve in the highest positions of their governments. Most recently, two African countries made significant gains in September 2008. Rwanda became the first country in the world to have a women majority in parliament. Two weeks later, elections in Angola nearly tripled the number of women in parliament. Yet, the report found that women largely remain outnumbered 4 to 1 in legislatures around the world and, on average, constitute a scant 18.4% of national assemblies, up from 11.6% in 1995. The report asserts that the increasing rate of representation likely is unsustainable and, even if continued, will be insufficient to achieve gender equity in many developing countries until 2045. For these reasons, the report recommends three affirmative actions to increase women's political representation in legislatures: voluntary political party and media codes of conduct, campaign finance controls to level the playing field for women candidates, and quota systems. To elect more women to leadership positions is a worthy goal, but should legally mandated quotas be the answer? The discussion explores the advantages of legally mandated quotas systems used in 46 countries, the perils of quotas, and whether quota systems could be considered discriminatory under international human rights law. More

Upcoming submission deadlines in October 2008 for journals, conferences, symposiums, and student moot competitions. More

Reminder that the deadline for the Leadership and Advocacy for Women in Africa (LAWA) program at Georgetown University Law Center in Washington, D.C. is tomorrow, 26 September 2008. The program offers one-year, tuition-paid LL.M. fellowships to outstanding women human rights lawyers from Africa who are committed to returning home to their countries in order to advance the status of women and girls in their own countries throughout their careers. More

The deadline to apply for paid one-year Human Rights Watch Fellowships in Washington, D.C. or London is 3 October 2008. Open to all law graduates worldwide. Learn more. More

I want to thank the Criminal Justice Degrees Guide for recognizing InsideJustice.com as one of the Top 100 law and lawyer blogs. On CriminalJusticeDegreesGuide.com, you can search for legal and paralegal educational programs in the United States. The guide allows you to narrow your search to online or on campus programs, to view the results by U.S. state, and to find U.S. schools offering a specialization in criminal justice. The website also offers helpful articles on careers, jobs, and types of degrees. One article covers "20 Civil Liberties Laws Every American Should Know." More

Søren Jessen-Petersen, the former Head of the UN Mission in Kosovo (UNMIK 2004-2006), spoke in Washington, D.C. this summer on challenges faced by UN missions. Currently, the UN Department of Peacekeeping Operations (DPKO) oversees 18 peacekeeping missions, employs more than 110,000 troops, and manages a budget of $7.2 billion, up from $2.7 billion in 2001, just for peacekeeping. In addition, the budget for political and peacebuilding missions has increased to more than $253 million annually, up from $37.1 million in 2002, according to a report by the Secretary-General. With these dramatic increases, stakeholders seek reassurances that these investments in peace and global security are cost-effective and produce results. Jessen-Petersen identified four gaps in UN missions that are limiting their effectiveness: (1) mandate gaps, (2) humanitarian action versus reconstruction goals, (3) allocation of resources and capacity building, and (4) implementation gaps in restoring human rights and the rule of law. Notably, he did not address the gender gap in peacekeeping as recognized in Security Council Resolution 1325, constraints to intervention under the UN Charter, or the UN's ability to discipline international troops. More

In his opening remarks before the 63rd session of the United Nations General Assembly, incoming President Miguel D’Escoto Brockmann of Nicaragua called for democratization of the United Nations, reform of the 15-member Security Council, and adoption of an ambitious 160-item agenda. All but eleven of the items have been discussed previously. High on his list of priorities are climate change, access to water, terrorism, human rights, human trafficking, and nuclear control and disarmament. His proposed legal reforms include changing the Security Council voting requirements under Article 27 of the UN Charter and making General Assembly resolutions binding under international law. The eleven agenda items not previously discussed include the following: More

In two significant developments since the UN General Assembly adopted the Declaration on the Rights of Indigenous Peoples on September 13, 2007, two of the four states opposed to its adoption have taken significant political action in recognition of indigenous communities and in support of the Declaration. In Australia, Prime Minister Kevin Rudd issued an apology in February 2008 for the nation's historic injustices to Aborigines and announced his country's likely endorsement of the Declaration before the General Assembly. In Canada, Prime Minister Stephen Harper in June 2008 issued an apology to the country's native population for racial discrimination and mistreatment. Two months earlier, the Canadian House of Commons passed a resolution on April 8, 2008 in support of the Declaration. This discussion examines the role of apologies in addressing past injustices and how they impact financial, political, and legal concessions to previously or currently disempowered indigenous communities. More

Nominations are being accepted for a 2008 Human Rights Defenders award with a deadline of August 31, 2008. Nominees must be individuals, not organizations, who promote and protect human rights and who have faced, are currently facing, or are at risk of facing negative consequences as a result of their work. Award recipients will receive cash awards and the opportunity to establish contacts with several relevant stakeholders in Europe. More

According to Texas authorities, Mexican national José Ernesto Medellín Rojas has exhausted all available legal remedies and will be executed by lethal injection after 6 p.m. on Tuesday, August 5, 2008 for his role in two murders fifteen years ago. His planned execution brazenly defies the July 16, 2008 order by the International Court of Justice requiring that the United States "shall take all measures necessary" to prevent the execution of Mr. Medellín and four other Mexican nationals on death row pending Mexico's request for interpretation of the Avena Judgment. In Avena, the ICJ concluded that the United States violated its international legal obligations under the Vienna Convention on Consular Relations by failing to inform 51 Mexican nationals, including Mr. Medellín, of their right to consular notification. Texas officials maintain that Mr. Medellín's due process rights were not prejudiced by the failure to adhere to the Vienna Convention, that he failed to raise the claim in a timely manner, and that Texas legal and political actors are not bound by the decisions of the International Court of Justice. Subsequently, the U.S. Supreme Court ruled that Texas state courts are not bound by the ICJ judgment because the right to consular notification was not directly enforceable as domestic law and thus requires Congressional legislation for effectuation. Given that his appeal to the Inter-American Commission on Human Rights has proven to be politically ineffective, his remaining hope is for the U.S. Supreme Court to order a stay of execution to allow time for Congress to adopt a law conferring a justiciable right by individuals to a remedy for the harm done by the treaty violation. His latest petition to the Supreme Court, filed on July 31, 2008, likely will be unsuccessful given the Court's earlier holding and the speculative nature of future Congressional action. This latest confrontation of international and domestic frameworks promises to yield legal and political repercussions for the fair treatment of foreign nationals domestically and U.S. nationals abroad. More

Today, International Criminal Court Prosecutor Luis Moreno-Ocampo provided evidence to establish "reasonable grounds" for the issuance of an arrest warrant for current Sudanese President al-Bashir based on violations of international law. Specifically, the ICC Prosecutor detailed 10 counts of genocide, crimes against humanity, and war crimes in Darfur since March 2003. The allegations of genocidal attacks and acts focus solely on the Fur, Masalit and Zaghawa ethnic groups because there is "insufficient evidence at this time to substantiate a charge of genocide" with respect to other ethnic groups in Darfur. The Pre-Trial Chamber now reviews the request from the Office of the Prosecutor and, upon a finding of sufficient evidence, likely will honor the request for the arrest warrant. More

On Monday, International Criminal Court Prosecutor Luis Moreno-Ocampo will seek the arrest of Sudan President Omar al-Bashir for crimes committed in Darfur over the past five years. The indictment will be publicly available on the ICC website and will outline the exact crimes charged under the Rome Statute. If charged with the crime of genocide, President al-Bashir will become the first sitting head of state to be charged as such. The indictment comes on the 13th anniversary of the Srebrenica Genocide in the former Yugoslavia and more than three years after the referral of the case to the ICC by U.N. Security Council Resolution 1593. More

Upcoming submission deadlines in July 2008 for journals, conferences, symposiums, and student writing competitions. More

The International Max Planck Research School for Maritime Affairs at the University of Hamburg will be awarding six Ph.D. scholarships for a two-year period beginning October 2008. Funded scholars will write a dissertation in German or English on the legal implications of climatic changes in the Arctic. Applicants must have a law degree or other advanced graduate degree and must be willing to engage in interdisciplinary work. German and foreign applicants may apply. German and foreign applicants may apply. Deadline to apply is 31 July 2008. More

Today, July 4th, is one of the rare days that I am allowed to fly the flag. Last month, ironically two days before national Flag Day in the United States, I received a notice from my condominium homeowners association prohibiting residents from displaying the U.S. flag from the exterior of our homes except on a few specific days of the year. Prior to receiving this memo, I, along with a handful of other residents, regularly displayed small flags from our balconies. Flying the flag where we live seems fitting and proper because, from our balconies, we can see the Lincoln Memorial, the Washington Monument, and the U.S Capitol building. My U.S. flag is 2-feet by 3-feet and flies from a 4-foot pole, which I remove at sunset in accordance with the U.S. Flag Code. What follows is my exploration of the enumerated powers of Congress to enact legislation empowering homeowners associations to restrict flag displays, the limitations of individual rights under the First Amendment, the freedom of individuals to enter into private contracts that may restrict their free speech, and what constitutes a legal government holiday. More

Oyez, oyez, oyez . . . Over the course of the past three years, learned professors at Georgetown University Law Center have continued the time-honored tradition of prying answers to practical problems, theoretical issues, and increasingly bizarre scenarios from the scrappy crew of students -- including me -- seated far beneath them in lecture halls. The "court" of Georgetown Law rendered its decision on May 18, 2008 and conferred upon me the legally recognized degree of Juris Doctor (J.D.), cum laude, with honors. I also received the Dean's Certificate for special and outstanding service to the university. Photos of graduation and the class photo of the LLM graduates. More