Blog: Arms and Armed Conflict
April 14, 2017
Today, we have the most wonderful news: our beloved Bonnie Docherty has been promoted to Associate Director for Armed Conflict and Civilian Protection! Bonnie has been a leader in the disarmament movement since 2001, working to ban everything from cluster munitions to killer robots to nuclear weapons- and developing a generation of students into advocates along the way.
More on this in an article to come. In the meantime, here she is today, being celebrated by some of her many fans, all of whom raised a plastic glass of Diet Mountain Dew in her honor. Congratulations, Bonnie! You do us proud.
April 4, 2017
Just days after the historic nuclear ban treaty negotiations at the UN, we were so pleased to welcome two leaders in the disarmament field to HLS: Beatrice Fihn, executive director of the International Campaign to Abolish Nuclear Weapons (ICAN), and Richard Moyes, managing director of Article 36. They offered their perspectives on the process that led to treaty negotiations; reflected on the opening session in March; and talked about the work still to be done and their hopes for the final outcome.
See below for video of the event, which was moderated by their colleague and ours, Senior Clinical Instructor Bonnie Docherty.
April 3, 2017
“Banning nuclear weapons: A milestone for disarmament”
12:00 – 1:00 p.m.
Please join us for a conversation with two disarmament leaders, who will be coming straight from the UN’s groundbreaking negotiations of a treaty to ban nuclear weapons.
Beatrice Fihn, executive director of the International Campaign to Abolish Nuclear Weapons (ICAN), and Richard Moyes, managing director of Article 36, have played significant roles in reframing the nuclear weapons debate as a humanitarian issue rather than a national security one. That shift helped drive the UN General Assembly to break a decades-long stalemate and commit to banning nuclear weapons. Fihn and Moyes will offer a civil society perspective on the process that led to treaty negotiations and reflect on the opening session in March. They will also talk about the work still to be done and their hopes for the final outcome.
March 15, 2017
Posted by Bonnie Docherty
The humanitarian disarmament community lost a legend last week. Bob Mtonga, a medical doctor and long-time activist, died in his native Zambia shortly after returning from one of countless international trips to promote the protection of civilians in armed conflict. He was just 51.
Bob was a much-loved leader in the field of humanitarian disarmament, which seeks to end civilian suffering caused by indiscriminate and inhumane weapons. He campaigned for strong international law on nuclear weapons, and landmines, and cluster munitions, and the arms trade. He served on the leadership committees of several civil society coalitions and had been co-president of International Physicians for the Prevention of Nuclear War (IPPNW).
In less than two weeks, the UN General Assembly will begin negotiating a treaty to ban nuclear weapons. This coming September marks the 20th anniversary of the adoption of the Mine Ban Treaty. Next year is the 10th anniversary of the Convention on Cluster Munitions. Bob contributed to each of these milestones. His absence at the nuclear negotiations and anniversary celebrations will be deeply felt.
While making international law is often a slow process, nothing would ever deter Bob from working to improve the world. One friend wrote after his death, “Wherever we all go from this place, we can be sure that since Bob has preceded us he is already organizing it to be a better place.”
I met Bob more than a decade ago during the Oslo Process, which produced the Convention on Cluster Munitions. I came to know dozens of civil society advocates during those negotiations, but Bob immediately stood out as a campaigner and a personality. Continue Reading…
March 10, 2017
Posted by Jared Small, JD '18
Tomorrow, my Harvard Law School colleagues and I will board an airplane for Kosovo. Our goal: track down remnants of a war that ended nearly two decades ago.
The Kosovo War ended in 1999 after a months-long NATO airstrike crippled Yugoslav and Serbian forces and paved the way for an internationally monitored Kosovan autonomy. Kosovo has since declared independence, and is moving forward towards what it hopes will become full membership in the European Union.
But there is an invisible part of this story that has largely escaped the public eye over the past decade and a half. Our team from the International Human Rights Clinic will travel to Kosovo to better understand potential environmental and human health impacts that linger from the war.
During the course of the NATO airstrikes, United States aircraft deployed at least 5,723 kg of Depleted Uranium (DU) ammunition at Serbian and Yugoslav targets. As an incredibly dense by-product of the process of enriching uranium, DU is often used by militaries in armor-piercing shells and bullets. American A-10 Thunderbolts fired DU at more than 100 ground targets during the campaign against Yugoslav President Slobodan Milosevic, who was attempting to cleanse Kosovo of its nearly 90% ethnic Albanian population.
In addition to penetrating armored vehicles, DU rounds ended up in areas now returned to civilian use, including bucolic buildings and urban streets. Even 18 years after the end of the war many of these penetrators remain scattered around Kosovo.
For a minute or so after the war, the world took notice of the fact that Kosovo had been littered with DU. The media reacted to a Pentagon statement acknowledging the use of DU. The Post-Conflict Assessment Unit of the United Nations Environmental Programme (UNEP) and the World Health Organization (WHO) both made site visits to Kosovo shortly after.
But concern about DU faded from the public eye as the world moved on from the Balkan Wars and new events demanded resources and attention. The initial UNEP and WHO reports cited neither a “smoking penetrator” nor any cancerous abnormalities in the civilian population. Those same reports, however, warned of potential longer-term radioactivity issues stemming from ingestion of uranium in drinking water or inhalation of uranium dust suspended in the air.
DU’s chemical toxicity raises other concerns. When ingested, the greatest concentrations of DU may show up in the kidneys, liver tissue, and skeletal structure, potentially causing renal dysfunction and organ damage.
As we head to Kosovo, here’s what we know: calls by concerned stakeholders for longer-term water, soil, air, and livestock monitoring in Kosovo have not been heeded. And studies of heavily targeted DU sites elsewhere in the Balkans—such as the TRZ Hadžići Tank Repair Facility in Bosnia and Herzegovina—have uncovered health and psychosocial consequences among populations exposed to DU.
Even before setting foot in Kosovo, we have begun discussing the value of increased information sharing and heightened transparency around DU target areas. Our trip will allow us to examine the state of awareness that surrounds these issues, and ultimately to offer recommendations for a response that is in line with the needs of Kosovan individuals, communities, and civil society.
February 9, 2017
Congratulations to Anna Khalfaoui, LLM ’17, who wrote the post below for the International Committee for Robot Arms Control. It was published February 8, 2017.
Reflections on the Review Conference as a Newcomer to CCW
The Fifth Review Conference of the Convention on Conventional Weapons (CCW) was a great success for advocates of a ban on fully autonomous weapons. Held at the United Nations in Geneva in December 2016, the Conference was also an opportunity for me to discover and reflect on the processes and challenges of the CCW, to which I was a newcomer.
I became involved when I attended the Conference as part of Harvard Law School’s International Human Rights Clinic (IHRC). I also contributed to a report that IHRC co-published with Human Rights Watch the week before the Review Conference. Making the Case: The Dangers of Killer Robots and the Need for a Preemptive Ban rebuts the major arguments against a prohibition on the development and use of fully autonomous weapons. These weapons, also known as killer robots and lethal autonomous weapons systems, would be able to select and engage targets without human intervention.
The Review Conference was a key step toward a ban because states parties agreed to formalise talks on killer robots by establishing a Group of Government Experts (GGE), which will meet for 10 days in 2017. This GGE creates the expectation of an outcome as past GGEs have led to negotiation of new or stronger CCW protocols. It provides a forum for states and experts to discuss the parameters of a possible protocol which hopefully will take the form of a ban. The Review Conference also showed that support a ban is gaining traction around the world. Argentina, Panama, Peru and Venezuela joined the call for the first time at the Conference, bringing to 19 the number of states in favour of a ban.
The establishment of a GGE was the news I eagerly waited for the entire week. Continue Reading…
December 12, 2016
Clinic and HRW Document Increase in Incendiary Weapons Attacks; Call for Stronger International Restrictions
Increase in Incendiary Weapon Attacks
Stronger International Restrictions Needed
(Geneva, December 12, 2016) – The mounting use of incendiary weapons, which cause horrific wounds to civilians, should prompt countries to strengthen the law restricting them, Human Rights Watch said in a report released today at a diplomatic meeting about these and other weapons.
The 30-page report, “Time to Act against Incendiary Weapons,” documents civilian harm from incendiary weapons used in Syria since 2012, focusing on their increased use during the past year’s joint operations by Syrian government and Russian forces.
“Governments that care about protecting civilians should condemn incendiary weapon attacks and call for an end to the use of these exceptionally cruel weapons,” said Bonnie Docherty, senior clinical instructor at Harvard Law School’s International Human Rights Clinic. “Governments should also take action to strengthen international law on the weapons by committing to substantive discussions next year.”
The Clinic co-published this report with Human Rights Watch, for which Bonnie Docherty is also a senior researcher. Continue Reading…
December 9, 2016
Formalize ‘Killer Robots’ Talks; Aim for Ban
Fully Autonomous Weapons on Disarmament Conference Agenda
(Geneva, December 9, 2016) – Governments should agree at the upcoming multilateral disarmament meeting in Geneva to formalize their talks on fully autonomous weapons, with an eye toward negotiating a preemptive ban, Human Rights Watch said in a report released today.
The 49-page report, “Making the Case: The Dangers of Killer Robots and the Need for a Preemptive Ban,” rebuts 16 key arguments against a ban on fully autonomous weapons.
Fully autonomous weapons, also known as lethal autonomous weapons systems and ‘killer robots,’ would be able to select and attack targets without meaningful human control. These weapons and others will be the subject of the five-year Review Conference of the Convention on Conventional Weapons (CCW) from December 12-16, 2016.
“It’s time for countries to move beyond the talking shop phase and pursue a preemptive ban,” said Bonnie Docherty, senior clinical instructor at Harvard Law School’s International Human Rights Clinic. “Governments should ensure that humans retain control over whom to target with their weapons and when to fire.”
The report is co-published with Human Rights Watch, for which Docherty is also senior arms researcher. Continue Reading…
October 20, 2016
Alleged abuses against civilians in non-ceasefire areas may constitute violations of Myanmar’s Nationwide Ceasefire Agreement
Alleged abuses against civilians in non-ceasefire areas may constitute violations of Myanmar’s Nationwide Ceasefire Agreement
Legal analysis shows ceasefire’s civilian protection commitments extend nationwide
(Cambridge, MA, October 20, 2016)– Reported abuses of civilians in non-ceasefire areas by the Myanmar military and other signatories to the Nationwide Ceasefire Agreement (NCA) would, if verified, constitute violations of key civilian protection provisions established by the agreement, said Harvard Law School’s International Human Rights Clinic (the Clinic) in a legal memorandum released today. The military and other signatories should act immediately to address such reports, including by engaging with the mechanisms and processes established by the NCA and investigating alleged abuses.
The Clinic’s memorandum comes on the heels of the one-year anniversary of the signing of the NCA by the government and eight ethnic armed organizations (EAOs). While the agreement failed to include many of the EAOs that participated in the ceasefire talks, it was still heralded as a significant step in the country’s peace process. Over the past year, however, armed conflict has intensified in Shan State, Kachin State, and elsewhere, with reports of widespread abuse of civilians by the Myanmar military in particular.
“Ongoing abuses in conflict zones cast doubt on the military’s commitment to the NCA and undermine the trust between Myanmar’s government and ethnic nationality populations,” said Tyler Giannini, Co-Director of the Clinic. “Myanmar military officers can’t hide behind the fact the NCA was signed with only some ethnic armed organizations to abuse civilians in non-ceasefire areas.” Continue Reading…
September 20, 2016
Posted by Cara Solomon
Now that we’re in the rhythm of the semester, it’s time to introduce some new faces in the International Human Rights Clinic. We’re thrilled to welcome five new clinical advocacy fellows, all accomplished lawyers with different expertise and experiences. They’re leading clinical projects this semester on a range of new topics, from human rights protection in investment treaties to armed conflict and the environment.
In alphabetical order, here they are:
Fola Adeleke is a South African-trained lawyer who specializes in international economic law and human rights, corporate transparency, open government and accountability within the extractives industry. This semester, his projects focus on human rights protection in investment treaties and reconfiguring the licensing process of mining to include more consultation with communities.
Rebecca Agule, an alumna of the Clinic, is an American lawyer who specializes in the impact of conflict and violence upon individuals, communities, and the environment. This semester, her project focuses on armed conflict and the environment, with a focus on victim assistance.
Juan Pablo Calderón-Meza, a former Visiting Fellow with the Human Rights Program, is a Colombian attorney whose practice specializes in international law and human rights advocacy and litigation. This semester, his project focuses on accountability for corporations and executives that facilitated human rights abuses and atrocity crimes.
Yee Htun is the Director of the Myanmar Program for Justice Trust, a legal non-profit that partners with lawyers and activists to strengthen communities fighting for justice and human rights. Born in Myanmar and trained as a lawyer in Canada, Yee specializes in gender justice and working on behalf of refugee and migrant communities. This semester, her project focuses on women advocates in Myanmar.
Salma Waheedi is an attorney who specializes in international human rights law, Islamic law, gender justice, family law, comparative constitutional law, and refugee and asylum law. Born in Bahrain and trained as a lawyer in the U.S., Salma currently holds a joint appointment with Harvard Law School’s Islamic Legal Studies Program, where she focuses on family relations in Islamic jurisprudence. This semester, her project focuses on gender justice under Islam.
We’re so pleased to have the fellows as part of our community this semester. Please swing by at some point to introduce yourself and say hello.