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July 31, 2014
Posted by Mindy Roseman
The Human Rights Program at Harvard Law School is pleased to announce the establishment of the Global Justice Fellowship (GJF) with the generous support of the Planethood Foundation. The fellowship supports scholars, advocates, and practitioners with a demonstrated background in international justice and the rule of law. Of most interest are those whose work concerns ongoing human rights issues, especially those touching on egregious violations, including genocide, crimes against humanity, or war crimes.
Matthew Bugher, JD ‘09, is the inaugural Global Justice Fellow. Over the coming year, Matthew will work to combat state-sponsored violence and persecution in Myanmar and Zimbabwe. More specifically, he will contribute to the Clinic’s ongoing advocacy relating to military policy reform in Myanmar; work with partners on new initiatives to promote accountability for gross human rights violations; and support local activists in their efforts to document abuses.
Earlier in the summer, the Human Rights Program made several other fellowship awards. With the support of a Henigson Human Rights Fellowship, Maryum Jordan, J.D. ’14, will work in Peru with EarthRights International; Lindsay Henson, J.D. ’14, will work in South Africa with Lawyers Against Abuse; Sarah Wheaton, J.D. ’14, will work in Egypt with St. Andrew’s Resettlement Legal Aid Project; and Anjali Mohan, J.D. ’14, will work in Myanmar with Justice Base.
HRP also awarded two Satter Human Rights fellowships: to James Tager, J.D. ’13, who will work with the International Commission of Jurists in Thailand, and to Jason Gelbort, J.D. ’13, who will work with Public International Law & Policy Group in Myanmar.
NOTE: HRP recently re-opened the application process for one more Satter Fellowship.
July 29, 2014
In the latest volume of the Harvard Human Rights Journal, released last week, Clinic Director Susan Farbstein reflects on when, if ever, violence is justified in the struggles for social and political change. The article is adapted from her remarks this past spring at Harvard Law School’s memorial event for Nelson Mandela, the South African leader who died last December. Farbstein, whose work in South Africa currently focuses on the right to education, says in part:
“Ultimately, it is not enough to answer the question posed. We must ask ourselves an equally important follow-up question: If violence is sometimes justified- or resorted to–in struggles for social and political change, how might the damage inflicted on the emerging society be minimized? Mandela’s legacy of forgiveness and reconciliation offers the beginnings of an answer.”
July 16, 2014
Here’s some good news for recent grads committed to doing human rights work: we’re re-opening the application process for our Satter Fellowship!
The Satter Human Rights Fellowship is designed to support and promote human rights defense in response to mass atrocity or widespread and severe patterns of rights abuse.
Past fellows have worked with Amnesty International, building the evidence base and capacity for crimes against humanity and war crimes in West Africa; with Public International Law & Policy Group in Libya providing legal advice on issues related to constitution making, transitional justice and accountability, and access to justice; and with Fortify Rights International in Thailand on monitoring, advocacy, and training to protect and promote human rights in several different regions in Myanmar.
To apply for the Satter, you must have graduated from Harvard Law School within the last three years. Applications will be accepted until the fellowship is filled.
July 2, 2014
Fourth Circuit’s Post-Kiobel Ruling Revives ATS Claims Against U.S. Corporation for Violations Committed Abroad
Posted by Tyler Giannini and Susan Farbstein
On Monday, the Fourth Circuit Court of Appeals ruled that the presumption against extraterritoriality in Alien Tort Statute (ATS) cases, established by the April 2013 U.S. Supreme Court decision in Kiobel v. Royal Dutch Petroleum, Co., does not bar claims against a U.S. contractor for torture and mistreatment of foreign nationals in Iraq.
The Al Shimari v. CACI ruling is a major decision in the ongoing battle over the meaning and interpretation of Kiobel. Kiobel held that there is a presumption against extraterritoriality in ATS cases unless the “claims touch and concern the territory of the United States with sufficient force,” in which case the presumption can be displaced. In Kiobel, the Supreme Court found the “mere corporate presence” of the defendant in the United States did not overcome the presumption.
The Fourth Circuit compared the factual circumstances in Kiobel with those in Al Shimari, and concluded that the corporate defendant had a much more significant connection to the United States than mere presence. In so ruling, it became the first appellate court to hold that the plaintiffs’ claims sufficiently “touch and concern” U.S. territory to displace the presumption.
In the wake of the Kiobel decision, lower courts across the country have wrestled with how to interpret the new “touch and concern” standard given the limited guidance provided by the Supreme Court. Some courts have avoided the complexities of the Kiobel presumption altogether. However, the Fourth Circuit embraced the challenge:
Although the “touch and concern” language in Kiobel may be explained in greater detail in future Supreme Court decisions, we conclude that this language provides current guidance to federal courts when ATS claims involve substantial ties to United States territory. We have such a case before us now, and we cannot decline to consider the Supreme Court’s guidance simply because it does not state a precise formula for our analysis. Continue Reading…
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