Accountability Under Human Rights Law

Thursday, May 18, 2023, 12:00 p.m. to 1:30 p.m. ET

Co-sponsored by the ABA International Law Section International Human Rights Committee and Women’s Interest Network

Click here to register.

Human Rights Defenders globally continue to face attacks on account of their advocacy and work. This program will explore the present situation in two South American countries, Colombia and Venezuela, and avenues of accountability under international human rights instruments. What has contributed to these violations of human rights norms, how have local authorities failed to act and how can the international legal system provide protection for victims of these human rights abuses?

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Moderator:

Cyreka C. Jacobs, Dispute Division Chair, ABA International Law Section

Speakers:

Holly Dranginis, Legal Advisor for Latin America and the Caribbean, ABA Center for Human Rights,Justice Defenders Program

Geoff Ramsey, Senior Fellow, Adrienne Arsht Latin America Center, Atlantic Council

Claret Vargas, PhD, Senior Staff Attorney, Center for Justice and Accountability

THE INTERPLAY BETWEEN SPORTS AND INTERNATIONAL HUMAN RIGHTS LAW

Presented by the Middle East Committee of the American Bar Association International Law Section
Thursday, May 4 | 4:30pm – 6:00pm | Sheraton Times Square

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Nothing brings people together quite like sports. Traditionally viewed as a unifying force in the global community, sport has long been a significant source of “soft power” for nations, who use “sports diplomacy” as a potent tool in their international relations.

Today, however, “Sportswashing” is rapidly becoming the hottest topic in Business & Human Rights, Environmental, Social, and Governance (“ESG”), and Corporate Social Responsibility (“CSR”) — particularly as shareholders, stakeholders, and human rights activists become more and more sensitized and sophisticated vis-à-vis the phenomenon.

Major sporting events such as the 2022 FIFA World Cup show how countries and corporations may seek to use sporting events to “sportswash” their image and cultivate goodwill, diverting the eyes of the world from their odious records on human rights and the rule of law.

Whether you are a rabid ESPN fan, or whether your firm’s roster of clients includes governments, sports teams, and sports figures, or media companies — or, more likely, any of the many major corporate sponsors and/or advertisers associated with sports figures, sports teams, and sporting events — “sportswashing” definitely should be on your radar screen.

Join us for this dynamic, “TV talk show”-style exploration of the fascinating interplay between sports and international human rights.

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“Sportswashing” is rapidly becoming the hottest topic in Business & Human Rights, Environmental, Social, and Governance (“ESG”), and Corporate Social Responsibility (“CSR”), particularly as shareholders, stakeholders, and human rights activists become more and more sensitized and sophisticated vis-à-vis the phenomenon.

By hosting the 2022 Winter Olympics, for example, China sought to “sportswash” its gross violations of the human rights of China’s Muslim Uighur minority, who have been forced into concentration camps — though, thanks to the pressure exerted by international human rights activists around the world, China’s efforts failed spectacularly, with foreign government leaders, media, spectators, corporate sponsors, advertisers, and even athletes calling out the country and nicknaming the games the “Genocide Olympics.”

The 2022 FIFA World Cup in Qatar is yet another prime example. By hosting the World Cup, Qatar sought to establish itself as a formidable “player” in the region and in the international community, with its image cleansed, its “soft power” fortified, and its geopolitical position strengthened. But the festivities were overshadowed by damning, high- profile revelations of the country’s pervasive violations of women’s rights, widespread LGBTQ rights abuses, and — perhaps most chilling — utter disregard for the lives of the migrant workers who make up 90% of the country’s population and whose labor powers the economy.

An estimated 6500 migrant workers – from Bangladesh, India, Pakistan, Nepal, Sri Lanka, and elsewhere – have died in Qatar over the past two decades. An untold number perished while working directly on World Cup construction projects, with little acknowledgement and nocompensation whatsoever for their families.

Saudi Arabia is yet another country often accused of “sportswashing” based on the billions of dollars that it is investing in sports in an effort to cast the Kingdom in a favorable light and divert the eyes of the world away from abuses such as its role in the murder/dismemberment of Washington Post journalist Jamal Khashoggi, its support for the war in Yemen, and its torture and imprisonment of Saudi human rights activists like iconic women’s rights advocate Loujain al Hathloul. Champion pro golfer Phil Mickelson – who has forfeited millions of dollars in goodwill and sponsorships by Callaway, KPMG, and Amstel Light – is just one of the latest athletes to have his personal “brand” severely tarnished due to his association with the “sportswashing” Saudi regime.

These are but a few examples. The list of sports – and “sportswashing” countries – goes on and on.

Join some of the biggest names in the field for what promises to be a fascinating, engaging, and highly informative introduction to the “Wide World of ‘Sportswashing”’!

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PANELISTS

Ernesto J. Alvarado, Allen & Overy LLP, Washington, DC

Rachel Chambers, Professor of Business Law, University of Connecticut School of Business, Storrs, CT

Simon Chadwick, Professor of Sport & Geopolitical Economy, SKEMA Business School; Author/Editor, inter alia, “International Cases in The Business of Sport, The Business of the FIFA World Cup, & The Future of Motorsports: Business, Politics and Society” (Twitter: @Prof_Chadwick) Paris, France

MODERATOR

Hon. Delissa A. Ridgway, U.S. Court of International Trade, New York, New York

PROGRAM CHAIR

Daniel R. Cooper, Cooper & Kurz Stamford, CT

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PROGRAM COSPONSORS

International Human Rights Committee
U.N. & International Organizations Committee
International Anti-Corruption Committee
International Anti-Money Laundering Committee
International Contracts Committee
International Criminal Law Committee
International Arbitration Committee
Women’s Interest Network
Sexual Orientation & Gender Identity Network
Seasoned Lawyers Interest Network
Latin America & Caribbean Committee
Canada Committee
Mexico Committee
Central/East Asia & China Committee
Northeast Asia, Japan and Korea Committee
South Asia/Oceania and India Committee
Eurasia Committee
Europe Committee
Africa Committee

During the April 2023 session of the UN Permanent Forum on Indigenous Issues, the Maasai of Loliondo and Ngorongoro petitioned the United Nations to ask the Government of Tanzania to stop a multitude of human rights abuses that are being committed in the name of “conservation.” 

In this webinar, we will focus on the current events in Tanzania beginning with the history of the land displacement the Maasai have faced. We will also evaluate the rule of law and the responses by courts to the evictions taking place in Tanzania. A recent report by Human Rights Watch indicates that gross human rights violations continue including retaliation against human rights defenders, destruction of cultural heritage, forced displacement, “sexual violence, nightly raids, and shootings into homes.”

Please join the International Criminal Law Committee of the American Bar Association International Law Section on May 16, 2023 at 11 am eastern time (NY) for a discussion with Joseph Moses Oleshangay, an advocate and human rights activist in Tanzania. Joseph works with the Legal and Human Rights Centre, the leading Human rights organization in Tanzania. The webinar will be moderated by Susan Schwartz, Co-Chair of the International Criminal Law Committee.

May 16, 2023

11 am EDT 

Register here:

https://us06web.zoom.us/webinar/register/WN_JhNChwlvT9CS2Y0psewxdw

A Word of Thanks

Dear Colleagues,

With the entirety of international criminal law falling within its remit, our Committee is never short of essential issues to cover. The first quarter of 2023 kept us exceptionally busy, and I am very thankful to my co-chairs, vice-chairs, and members for their efforts and contributions to the work we’ve accomplished so far. I also have deep gratitude to our expert guests who donated their time and knowledge by appearing as panelists on our webinars.

As we enter our second quarter (and prepare for the Section’s first all-analog Midyear Meeting in six years), I encourage everyone to stay involved, excited, and motivated. Remember that the American Bar Association, particularly the International Law Section, is a unique phenomenon in the world: it can influence change as nothing else can. Harnessing even a fragment of that power — and directing it in ways that can help improve the human experience on this planet — is the ultimate mission of the International Criminal Law Committee.

Timothy Franklin

Co-Chair, ICL Committee

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IN THIS ISSUE

• Section and Committee News
• International and Hybrid Criminal Prosecutions
• National Decisions
• Policies and Initiatives
• Enforcement
• Fact Finding Missions
• Restoration and Restitution
• Public Calls

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Download the PDF here.

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PREVIOUS ISSUES OF THE NEWSLETTER:

30 OCTOBER 2021

31 JANUARY 2022

30 APRIL 2022

31 JULY 2022

8 JANUARY 2023

A new webinar from ICLC in partnership with the Global Alliance for Tibet & Persecuted Minorities

Wednesday, April 26, 2023 at 12:00 pm Eastern Time

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In 1959 the International Commission of Jurists published its report “The Question of Tibet and the Rule of Law” documenting serious human rights violations and the policy of the People’s Republic of China in Tibet. In this groundbreaking report, the ICJ noted that the killing of Tibetans and forcible removal of Tibetan children — in addition to the destruction of the Tibetan religion and the nation itself — constituted violations of the 1948 Convention on Genocide. 

Unfortunately, despite seminal reports and commentary by Tibetan people and international lawyers throughout the decades, the Tibetan communities of 2023 face significant challenges in protecting their culture and identity as a result of policies imposed upon them by the leaders of the People’s Republic of China. This webinar will provide updates on the current situation involving human rights in Tibet and the rule of law. The speakers will focus on different areas and discuss, among other things, whether the International Commission of Jurists’ findings in 1959 remain pertinent and true today.

SPEAKERS:

Ms Tenzin Dechen is a registered lawyer under Bar Council of India and Tibetan Law and Custom Counsellor under Tibetan Supreme Justice Commission. She did her B.Com (Honors) from Shri Ram College of Commerce (SRCC ), University of Delhi and then she pursued LLB from Campus Law Centre, Faculty of Law, University of Delhi. After graduation, Ms. Tenzin Dechen joined Human Rights Law Network (HRLN) as a Junior Advocate and during her three-year tenure at HRLN, she worked on various initiatives of HRLN including cases of Women’s rights, Children’s rights, Prisoners rights, Housing rights, Reproductive rights and Health rights in the Supreme Court of India, High Court of Delhi , District Courts of Delhi and Juvenile Justice Board. During her tenure at the Human Rights Law Network, the “Legal Aid for Tibetan” initiative was formed. After her appointment as the General Secretary in 2019, Tenzin Dechen is currently serving as Senior Legal Counsel and President of the Tibetan Legal Association.

Dr. Gyal Lo received his PhD from the University of Toronto, and he taught at the Department of Tibetan Language and Culture at Northwest University for Nationalities for over a decade. He is the author of Social Structuration in Tibetan Society: Education, society, and spirituality (Lexington Books, 2016).  Born in Amdo, Tibet, or what China calls Gansu Province, Dr. Gyal Lo attended school in his home region and then did a Master’s Degree in Tibetan Language and Culture Department at Northwest University for Nationalities in Lanzhou, China. In 1995, he was appointed Assistant Professor in the same department, where he taught for the next decade and undertook extensive research into Tibetan education. After leaving to obtain a PhD in Educational Sociology at the University of Toronto, he returned to China but was refused employment at his former department due to political sensitivities over his time studying in the West. He was then appointed a full professor at the Yunnan Normal University Institute for Studies in Education from 2017-2020. In 2020, as the political climate changed,  Dr. Gyal Lo’s 5-year contract at Yunnan Normal University was terminated on the grounds that he was a foreign Tibetan with a western background and thus a potential political liability in an increasingly authoritarian China. Dr. Gyal Lo left China on December 31, 2020 and has decided not to return because it has become too risky to make a meaningful contribution to the field of Tibetan education, and in order to alert the international community to the dire threats posed to the collective well being of the Tibetan people and society and the survival of Tibet’s language, religion, and culture. 

Tenzin Dorjee is an Associate Professor at the Department of Human Communication Studies at California State University, Fullerton. His expertise is in intergroup communication and intercultural communication. He was recognized as both a Distinguished Faculty Marshall of the College of Communications and a Distinguished Faculty Member of his department in the spring of 2017. In December of 2016, at the nomination by the Honorable Speaker Nancy Pelosi, the U.S. House of Representatives appointed Dr. Dorjee to the U.S. Commission on International Religious Freedom (USCIRF) and in the second term, commissioners unanimously elected him as Chair of the USCIRF. He has over four decades of translation experience including translations for His Holiness the Dalai Lama. Dorjee also received numerous recognitions and awards for his outstanding teaching, research and scholarly creativity, and community service on and off campus. He co-authored with Stella Ting-Toomey (2019) Communicating Across Cultures (Second Edition) published by the Guilford Press, New York, U.S.A.

All are welcome to attend this free webinar. Register here:

https://us06web.zoom.us/webinar/register/WN_1TUtrH-dQW2kKbE-R51dFg

A webinar presented by the American Bar Association International Criminal Law Committee

March 2, 2023 at 11:00 am EDT/10:00 am CST/8:00 am Pacific

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The Declaration on human rights defenders was adopted by consensus by the General Assembly in 1998 after 14 years of negotiations. Despite the Declaration, human rights and environmental defenders all over the world continue to suffer significant harm as a result of their efforts to raise awareness on significant issues in their communities and within their states. This webinar will present the significant challenges that human rights defenders face in India, specifically focusing on the arrest of 16 activists, which included lawyers, sometimes referred to as the “BK 16.”

The panelists will discuss the events leading up to the criminal charges, the criminal charges, and the significant evidentiary issues that have already been discovered, and why these cases are critical in India at this time and how they could become critical for the rights of defenders everywhere around the world.

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Speakers:

Waris Hussain, Legal Advisor for South and Southeast Asia with the ABA Justice Defenders Program at the ABA Center for Human Rights.

Suchitra Vijayan, author of Midnight’s Borders: A People’s History of Modern India

Father Joe Xavier, Director of Indian Social Institute, Bengaluru

Dr. Jenny Rowena, Assistant Professor, Dept of English, Miranda House College, University of Delhi.

The International Criminal Law Committee invites interested members within the American Bar Association to join our meeting on January 27, 2023 at 12 noon (EDT) with Shadi Sadr, Iranian Lawyer and Co-Founder and Executive Director of Justice For Iran. This meeting will focus on the recent wave of considerations being made by the UK and EU to designate the IRGC a terrorist organization. While the US has already made this particular designation, the speaker will bring the participants up to date on why this conversation is taking place now, the importance of such a designation by the UK and EU, and the impact such a designation will have on the people of Iran and beyond.

Please go to this link to register for the meeting.

December 7, 2022 at 11 am EDT

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Now available online: https://bit.ly/3VFTorn

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A little over two years ago, Prime Minister Abiy Ahmed of Ethiopia launched a military offensive into the Tigray region. As a result, the situation has spiraled out of control, leading to a humanitarian catastrophe. Reports indicate that millions are facing starvation; access to medical assistance is severely hampered and not reaching civilians as outbreaks of infectious diseases tear through communities. Hundreds of thousands of people are internally displaced, and thousands of people have fled due to the conflict.

Many are calling for a robust solution to this humanitarian nightmare, particularly as allegations of genocide, crimes against humanity, and war crimes are directed against various actors. It is questionable whether a recent peace agreement can stop the violence or if such an agreement is sustainable.

Please join the ABA ICLC in their end-of-year program focusing on one of the most overlooked humanitarian situations in the world with our panel of experts. This event is open to all, but registration is required (at no cost).

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Speakers:

Temesgen Kahsay, Assistant Professor at the Norwegian School of Leadership and Theology

Alex DeWaal, Executive director of the World Peace Foundation and Research Professor at the Fletcher School, Tufts University

Floriane Lavaud, Counsel at Debevoise & Plimpton LLP

A NEW WEBINAR PRESENTED BY THE ABA INTERNATIONAL LAW SECTION

Friday, November 4, 2022, 1:00 PM-2:30 PM EDT

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Now available online on the ICLC YouTube channel:

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Sponsored by

the International Criminal Law Committee

Co-Sponsors:

ABA Center for Human Rights (CHR), ABA U.N. Representatives & Observers, ABA Criminal Justice Section, ABA Judicial Division, ABA Section of Civil Rights & Social Justice, International Human Rights Committee, International Courts & Judicial Affairs Committee, National Security Committee, U.N. & International Organizations Committee, Women’s Interest Network, and National Association of Women Judges (NAWJ)

Welcome/Introductory Remarks

ABA President Deborah Enix-Ross

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The distinguished panel includes:

• Colleen Rohan, Panel member of the the Aban Tribunal, International Criminal Defense Attorney
• Javaid Rehman, United Nations Special Rapporteur of Human Rights in Iran
• Reem Alsalem, United Nations Special Rapporteur on Violence against Women and Girls
• Gissou Nia, Director of the Strategic Litigation Project, Atlantic Council; Author, “Closing the Accountability Gap on Human Rights Violators in the Islamic Republic of Iran Through Global Civil Litigation Strategies”
• Judge Delissa Ridgway, Human Rights Advocate (Moderator)

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In November 2019, hundreds of thousands of Iranians throughout the country took to the streets to protest skyrocketing fuel prices and the inadequate government response. Despite the protesters’ peaceful methods, hundreds were murdered by Iranian forces. While the international community was largely silent in response to the barbarity, three NGOs established the Iran Atrocities (Aban) Tribunal to hold the Iranian regime accountable for its violence. This civil society-led effort was prescient, as the same regime is now in the midst of another bloody crackdown against the Iranian people and the ongoing women-led uprising in the wake of the beating death of 22-year old Mahsa Amini following her arrest by the Morality Police for violating Iran’s compulsory hijab rules. For the Iranian people, the authorities’ savage efforts to put down the current protests are a case of “déjà vu all over again” – history repeating itself.

Join us for a highly timely and topical briefing exploring these brutal dynamics, bringing together experts on Iranian human rights to discuss the Aban Tribunal’s September 30 judgment, the ongoing nationwide rebellion, and what lies ahead for Iranian human rights. Could this be the beginning of the end for the Iranian regime?

Download the flyer for the webinar here.

The text below is excerpted from a letter from Michael H. Byowitz which you can download in full here.

The ABA ILS Afghan Legal Professionals Scholarship and Mentoring Pilot Program (Pilot Program), with BOG approval, is working to aid Afghan judges, prosecutors, and lawyers to qualify as lawyers or gain law-related employment within the U.S. legal system.

The Pilot Program is seeking online donations from ABA leaders and active members. We also have begun reaching out to law firms, foundations, and others. Suggestions for outreach and introductions to perspective donors would be appreciated.

The Pilot Program needs volunteers from across all areas of practice to join with the Afghan Professionals Resettlement Task Force (Task Force) to help with our work as well. In addition, volunteers may apply to serve as Mentors in the Pilot Program. In these capacities, volunteers may, for example, mentor Afghan legal professionals applying to LLM programs, studying for the bar exam, and seeking employment in the U.S. legal system; help the Task Force with drafting documents needed for agreements with law schools and other co-sponsoring organizations; reach out to state and local bars and law schools for potential partnering with the Task Force; and mentor Afghan legal professionals who seek to qualify for law-related professions—e.g., paralegals, immigration advocates.

With your support, the Pilot Program will provide resettled Afghan judges, prosecutors, and lawyers—especially women—access to legal education through LLM programs, which will allow them to sit for a bar exam and pursue career opportunities in the U.S. legal system. The Pilot Program is designed to serve our Afghan colleagues who hope to rebuild their legal careers in the U.S. after being driven from Afghanistan with no options to return.

Download the entire letter from Michael H. Byowitz here.

Examining Pathways to Peace and the Return Home

a half-day virtual program hosted by the American Bar Association International Criminal Law Committee

September 23, 2022
8:00 am EDT, 10:00 am EDT, 12:00 pm EDT

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Program Supporters

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Since August 2017, the international community has continued to watch the Rohingya suffer degradation of their human rights. Rohingya refugees in Bangladesh are now facing calls for repatriation even though there are no conditions on the ground for a safe, durable, and dignified return to the Arakan (Rakhine) state in Burma (Myanmar). The conditions throughout Burma have worsened due to the February 2021 coup, where the Myanmar military took control of the country. This half-day program, hosted by the American Bar Association’s International Criminal Law Committee, will examine the past and present conditions the Rohingya have faced and continue to face as a result of genocidal policies and what, if any, factors are helping to address the genocide and related challenges. In addition, the program will look to what kinds of solutions and conditions must exist for the genocide to end and for the Rohingya to return safely home to the Arakan.

This is a virtual program and is free to attend. You must register for each session you are interested in; a separate link will be sent directly to a valid email address. Speakers to be announced in due course.

8:00 AM EDT SESSION 1: CURRENT CHALLENGES FACING THE ROHINGYA PEOPLE THROUGHOUT ASIA

Moderator: Alex Vesselinovitch, Co-Chair ABA International Criminal Law Committee

Panelists: Tapan Bose, Razia Sultana, Azril Mohd Amin, Sara Hossain

This session will focus on the current conditions the Rohingya are facing throughout Asia and examine the impacts of the continued commission of genocide and crimes against humanity within Burma. The panel will discuss how countries in Asia are handling the challenges brought on by the Rohingya genocide while the Rohingya people continue to seek safety from persecution.

REGISTER HERE: https://us06web.zoom.us/webinar/register/WN_PImoWYD_SB-QpiN6r_tp9w

10:00 AM EDT SESSION 2: GENOCIDE AND THE POLITICS OF RETURN: LESSONS FROM HISTORY

Moderator: Deniz Tamer, Attorney

Panelists: Corinne Lewis, Nurul Islam, Simon Billeness

This session will explore the history of the Rohingya people and the genocide and crimes against humanity they have faced for many decades. It will focus on the role of different actors which have caused the situation to deteriorate over time. This panel will also explore the impact of the perpetration of crimes against the Rohingya, focusing on movements into Bangladesh and previous efforts at return.

REGISTER HERE: https://us06web.zoom.us/webinar/register/WN_HgyRjO9hSGalwQt3u_iF_w

12:00 PM EDT SESSION 3: THE ROHINGYA PEOPLE AND THE LONG ROAD HOME

Moderator: Susan Schwartz, Co-Chair, ABA International Criminal Law Committee

Panelists: Arsalan Suleman, Habib Ullah, Nicholas Koumjian, Dr. Natalie Brinham

This session will build upon the other two sessions and focus on the future of the Rohingya people, specifically focusing on the importance of the rule of law, changes in policy, and key solutions to stopping the genocide and allowing a safe, voluntary, and dignified return home. Panelists will examine questions on how does a genocide “end”? What kinds of legal avenues exist that could help the genocide to end? What do conditions need to look like for a safe environment to be created for the Rohingya to return home in a dignified and voluntary manner?

REGISTER HERE: https://us06web.zoom.us/webinar/register/WN__oOt3Ic9RYOxrInHR84eXQ

• Committee News and Programs
• International and Hybrid Criminal Proceedings
• Policies and Initiatives
• Enforcement
• Enhanced Cooperation
• Restoration and Restitution

• ICYMI: Recent Committee Programs
• International and Hybrid Criminal Proceedings
• National Decisions
• Enforcement
• Enhanced Cooperation
• Policies and Initiatives
• Restoration and Restitution
• Other Developments

A webinar sponsored by the ABA International Criminal Law Committee

Tuesday, May 31, 2022, 12:00pm ET – 1:00pm ET

CLICK HERE to register in advance for this meeting. After registering, you will receive a confirmation email containing information about joining the meeting.

Respect for fundamental human rights in Sri Lanka is in serious jeopardy.  In 2021, the UN Human Rights Council mandated that the UN Collect and analyze evidence of international crimes for future prosecutions.  In February 2022, The United Nations High Commissioner for Human Rights on Sri Lanka reported the rights situation in alarming decline, contradicting government claims  of improvement. The February 2022 report documents discrimination against religious and ethnic minorities and security forces’ targeting of civil society groups, while accountability for past abuses has been blocked.  This program will shine a light on Sri Lanka’s current crisis and will highlight opportunities for constitutional reform and transitional justice.

Speakers:

Gehan Gunatilleke is a Sri Lankan human rights lawyer and academic focusing on media freedom and ethno-religious violence. He is currently a visiting fellow at Harvard Law School. His latest publication is ‘The Chronic and the Entrenched: Ethno-religious Violence in Sri Lanka‘. Gehan is a former Research Director at Verité Research, and a former advisor to the Ministry of Foreign Affairs (Sri Lanka). He has taught post-graduate courses on human rights, democratization and development offered by the University of Colombo, University of Sydney and Open University of Sri Lanka. He was also a human rights tutor at the University of Oxford. Gehan holds a D.Phil in Law from the University of Oxford, and an LL.M from Harvard Law School.

Frances Harrison is the Director of The International Truth and Justice Project. For two decades she was the BBC Foreign Correspondent for Pakistan, Bangladesh, Malaysia, Sri Lanka and Iran, reporting for TV, radio and online, delivering live broadcasts, documentaries and newspaper articles. Through this, Frances gained an in-depth insight and expertise in the region and spent four years living in Sri Lanka while at the BBC. Frances has also briefly worked at Amnesty International, OHCHR and multiple UN commissions. Her book, Still Counting the Dead: Survivors of Sri Lanka’s Hidden War, published in 2012, documents personal stories from the final phase of the war in Sri Lanka.

Vasuki Nesiah teaches human rights, legal and social theory at NYU Gallatin School where she is also faculty director of the Gallatin Global Fellowship in Human Rights. She has published on the history and politics of human rights, humanitarianism, international criminal law, reparations, global feminisms and decolonization. Vesuki was awarded the Gallatin Distinguished Teacher Award in 2021 and the NYU Dr. Martin Luther King Jr. Faculty Award in 2020. Her current book projects include International Conflict Feminism (forthcoming from University of Pennsylvania Press) and Reading the Ruins: Colonialism, Slavery and International Law.  

An online seminar sponsored by the ABA International Criminal Law Committee

Tuesday, April 12, 2022 at 12:00 PM ET – 1:00 PM ET

UPDATE: Thanks to everyone who attended the program. Here is the video and the accompanying PowerPoint presentations.

The future of criminal investigations and prosecutions will be shaped by open-source information. This program explores the use of open-source information in criminal prosecutions; how this information can be verified; how this evidence can be used in documenting war crimes and atrocities, and the use of this evidence in international prosecutions.

Speakers:

Alexa Koenig, JD, PhD, is faculty director of UC Berkeley’s Human Rights Center (winner of the 2015 MacArthur Award for Creative and Effective Institutions) and a lecturer at UC Berkeley’s School of Law and School of Journalism. She is also co-founder of the Investigations Lab, which uses social media and other online information to strengthen human rights-related legal investigations and investigative reporting. Alexa has been honored with the United Nations Association-SF’s Global Human Rights Award, UC Berkeley’s Mark Bingham Award for Excellence, and as a 2020 Woman Inspiring Change by Harvard Law School. Her recent co-authored and co-edited books include Hiding in Plain Sight (UC Press 2016), Digital Witness (Oxford University Press 2020), and Graphic (forthcoming 2022).

Hannah Bagdasar is the lead investigator for Bellingcat’s Global Authentication Project as well as an investigator in its Justice & Accountability Unit. Before she was working at Bellingcat, Hannah was an analyst at the United Nations Independent Investigative Mechanism for Myanmar. Hannah has also served as an open-source investigations and legal consultant, working with NGOs combating disinformation and misinformation, as well researching the use of open source information as evidence at the international criminal and domestic levels. In addition, Hannah has interned at the International Criminal Court, in the Office of the Prosecutor’s Preliminary Examination Section, and was part of the first cohort of UC Berkeley’s Human Rights Investigations Lab. Hannah holds an LL.M in International and Comparative Law from the University of Helsinki, and a B.A in Legal Studies from UC Berkeley

Nathaniel A. Raymond is a lecturer at Yale’s Jackson Institute of Global Affairs and the Yale School of Public Health, where he is co-lead of the Humanitarian Research Lab. Raymond was the founding director of the Signal Program on Human Security and Technology at the Harvard Humanitarian Initiative. He was also director of operations for George Clooney’s Satellite Sentinel Project. Raymond has investigated mass atrocities and served as an aid work in multiple conflict zones, including Afghanistan, South Sudan, Ethiopia, the Middle East, Sri Lanka and elsewhere.

Arthur Traldi is a Senior Fellow at American University’s Program on Technology, Security, and the Law and a Senior Consultant with Lexpat Global Services. Arthur previously served as a prosecutor at the International Criminal Tribunal for the former Yugoslavia, litigating cases involving charges of genocide, crimes against humanity, and violations of the laws of armed conflict, and in Chambers at the International Criminal Tribunal for Rwanda. He is a co-chair of the ABA’s International Criminal Law Committee.  Arthur is a graduate of Georgetown University Law Center and the College of William and Mary. Before working at ICTY and ICTR, he clerked for Justice Debra Todd on the Pennsylvania Supreme Court and Judge Arthur L. Zulick on the Monroe County Court of Common Pleas.

Ransomware attacks are increasing in frequency and have significant cross-border implications for companies throughout the world.  Join us on Tuesday, March 7 at noon ET to hear Michael Buchanan and Alejandro Cruz discuss the implications of ransomware attacks and what you and your clients need to know to address them effectively.  We will discuss effective strategies for responding to cross-border ransomware attacks, how to work effectively with enforcement authorities while protecting your clients’ interests, whether (and if so, how) to pay ransoms without running afoul of economic sanctions, and other issues to keep in mind as you coordinate a response.

After their presentation, we look forward to an open discussion about these issues and other committee business. You can register here.

New Year, New Developments

Dear Friends of the Committee,

This quarter saw a torrent of landmark national prosecutions for crimes against humanity (CAH) and other grave crimes committed in third countries using the principle of universal jurisdiction. These State practices are developments that may help shape customary international law. We hope you enjoy this snapshot in time and welcome your comments and feedback.

Vy Thuy Nguyen,
Vice-Chair, Publications
ICL Committee

You can download a PDF of new issue here.

Next ICLC Meeting: Tuesday, November 30, 2021 at 1:00pm ET

Pete C. Chambers will discuss the difficulties and successes of (1) the NATO-led Police Advising Mission, (2) cooperation between law enforcement and prosecution sectors, as well as (3) evidence collection, including battlefield forensics.

Mr. Chambers is a 41-year veteran law enforcement professional, having served at the municipal, county, state, and federal levels of various U.S. law enforcement agencies; as well as having spent the past 12 years serving as a contracted Senior Special Advisor to the U.S. Department of Defense, in Iraq and Afghanistan. He is an expert in firearms and explosives.

In 2008 Pete deployed with the U.S. Military as a Law Enforcement Professional (LEP), where he was embedded with the U.S. Marines in Fallujah and Ramadi for 16 months; and then with the U.S. Army in Baghdad for an additional 10 months. These deployments included accompanying U.S. military units during combat operations, in the capacity of a subject matter expert in complex criminal investigations. This experience and background allowed LEPs to assist the military identify individuals and terrorist, insurgent, and criminal networks responsible for targeting and attacking U.S. and Coalition Forces along with their Iraqi Defense and Police partners.

Following a 3-year assignment as the LEP Team Lead, at the U.S. Army’s Joint Readiness Training Center (JRTC) in Ft. Polk. LA; training U.S. military units prior to their deployment to Afghanistan, Pete again returned as an embedded LEP to Afghanistan where he served until late 2020.

Admission to this event is free and open to all. Non-ABA members: please use this online form to contact the ABA International Criminal Law Committee and we get back to you with you the Zoom link information.

Please enjoy the first issue of the ABA International Criminal Law Committee’s Quarterly Newsletter Publication, now available online at https://bit.ly/3mEkGiG.

In this issue:

• Welcome Note from our Co-Chairs Arthur Traldi and Susan Schwartz

• Section and Committee News

• International and Hybrid Criminal Prosecutions

• National Decisions

• Enhanced Cooperation

• Policies and Initiatives

Digital surveillance pervades our society, and new technologies offer more power than ever to track every aspect of our daily lives. The danger of abuse has never been greater. In most countries, there are no effective rules or standards limiting private companies that sell surveillance technology to governments or others.

Excerpt from Letter from the Editor, Sallie Buzbee, explaining why the Washington Post joined the Pegasus Project (July 18, 2021)

PRESENTED BY THE ABA SLD INTERNATIONAL SENIOR LAWYERS COMMITTEE

Speaker:
Natalia Krapiva, Tech-Legal Counsel, Access Now, Berlin, Germany

The Pegasus Project is an international investigative journalism consortium, led by Forbidden Stories and Amnesty International, that revealed governments’ espionage on journalists, opposition politicians, activists, businesspeople and others, using the private Pegasus spyware developed by the Israeli technology firm NSO Group. Pegasus was marketed for surveillance of “serious crimes and terrorism” to such countries as Saudi Arabia, Mexico, Morocco, United Arab Emirates, Bahrain, Hungary, Turkey, India, and Germany, among others.

In July 2021, the Pegasus Project published their analysis of 50,000 leaked phone numbers selected by NSO clients since 2016.  The consortium was able to identify more than 1,000 people from more than 50 countries, the list included several Arab royal family members, at least 65 business executives, 85 human rights activists, 189 journalists, and more than 600 politicians and government officials – including cabinet ministers, diplomats, and military and security officers, as well as several heads of state and prime ministers.

More than half of the phones inspected by Amnesty International’s cybersecurity team revealed evidence of the Pegasus spyware, a zero-click Trojan virus that provides the attacker full access to the targeted smartphone, its data, images, photographs and conversations as well as camera, microphone and geolocation. 

Natalia Krapiva will discuss the Pegasus Project and place it within broader efforts to investigate and hold accountable companies like NSO Group and governments that use their services. She will discuss the new and ongoing litigation efforts, domestic and international advocacy, as well as what role lawyers can play in the fight against spyware abuses.

Access Now is a digital rights organization that defends and extends the digital rights of users at risk around the world through technical support, comprehensive policy engagement, global advocacy, grassroots grantmaking, legal interventions, and convenings such as RightsCon. Access Now’s Digital Security Helpline offers real-time, direct technical assistance and advice to civil society groups & activists, media organizations, journalists, bloggers, and human rights defenders.

Zoom Meeting Link: americanbar.zoom.us/j/96873328698

(Pre-registration is not required; replay is available to ABA Members only.)

Dear committee members,

Welcome to all of our new members!

Dean Erwin Chemerinsky will speak at our first monthly committee call on September 28, at 1:00pm ET, by Zoom. Dean Chemerinsky will provide an overview of recent decisions in the US Supreme Court.

Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.

Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at the University of California, Irvine School of Law. Before that, he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. From 1980-1983, he was an assistant professor at DePaul College of Law.

He is the author of fourteen books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights (Norton 2021), and The Religion Clauses: The Case for Separating Church and State (with Howard Gillman) (Oxford University Press 2020).

He also is the author of more than 200 law review articles. He is a contributing writer for the Opinion section of the Los Angeles Times, and writes regular columns for the Sacramento Bee, the ABA Journal, and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.

In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States. In January 2021, he was named President-elect of the Association of American Law Schools.

We are thrilled that Dean Chemerinsky has agreed to make this presentation to our members and hope you can join us.

Sep 28, 2021 01:00 PM Eastern Time (US and Canada)

Register in advance for this meeting:
https://us06web.zoom.us/meeting/register/tZYldOmuqTsoE9FBN9Fbe-4kiH0gOREk1iJH

After registering, you will receive a confirmation email containing information about joining the meeting.

Best,

Cyreka, Arthur, Susan
Co-Chairs of the International Criminal Law Committee

Dear members of the International Criminal Law Committee,

The new edition of the ABA International Law Section’s Year In Review has been published, and is available for download on the publication’s website at:

https://www.americanbar.org/content/dam/aba/administrative/international_law/yir2021-v55.pdf

This is YIR Volume #55, a review of the year 2020. The International Criminal Law Committee’s contribution appears on pages 293-310. Please join us in extending our congratulations and appreciation to our contributing authors for this edition: Andrew Boyle, Melissa Ginsberg, and guest author Leila Sadat.

In the meantime, we have already started work on our Committee’s submission for Volume #56!

Best regards,

Beth Farmer and Tim Franklin
International Criminal Law Committee Editors, Year in Review

Dear committee members, Please join us July 27, 2021 at 1:00pm for our final call of the ABA 2020-2021 year. Please join us for an exciting presentation by Edward Y. Kim.  Ed Kim is the co-founder of the firm, Krieger, Kim & Lewin LLP,  where he represents multinational companies and individuals in cross-border disputes, criminal and regulatory enforcement actions, and investigations. Ed’s cases have included complex civil disputes as well as criminal matters involving allegations of securities and financial frauds, antitrust violations, cryptocurrency fraud, healthcare fraud, money laundering, and Foreign Corrupt Practices Act (FCPA) violations. Ed is an accomplished trial lawyer and has personally tried a dozen federal cases and supervised over a dozen more, including numerous high-profile FCPA, fraud, and national security cases. Ed also has briefed and argued numerous appeals before the U.S. Court of Appeals for the Second Circuit. Ed co-founded the firm after serving for nearly a decade as a federal prosecutor with the U.S. Department of Justice (DOJ), where he was an Assistant United States Attorney and supervisor of two units in the United States Attorney’s Office for the Southern District of New York (SDNY). Ed has significant experience handling matters involving international enforcement agencies as well as domestic regulatory authorities, including the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Office of Foreign Assets Control (OFAC), the Public Company Accounting Oversight Board (PCAOB), the U.S. Commodity Futures Trading Commission (CFTC), the New York State Department of Financial Services (DFS), and the Federal Trade Commission (FTC). Zoom details below: Topic: July ABA ICL Committee Call Time: Jul 27, 2021 01:00 PM Eastern Time (US and Canada) Register in advance for this meeting: https://us02web.zoom.us/meeting/register/tZIld-2hpj4pE92ZAifw4SWbCKJBIgZNkqrs