April 10, 2018
Understanding Victim Assistance and Environmental Remediation Under the Treaty on the Prohibition of Nuclear Weapons
Posted by Bonnie Docherty
The humanitarian impact of the Treaty on the Prohibition of Nuclear Weapons (TPNW) depends on both its comprehensive ban on nuclear weapons and its obligations to assist victims and remediate the environment affected by use and testing. The former aims to prevent future harm, while the latter addresses harm that has already occurred.
The Clinic is releasing new papers on victim assistance and environmental remediation in order to increase awareness of these elements of the treaty. The short publications provide an overview of the provisions in the TPNW and guidance from other humanitarian disarmament treaties as to how they might be implemented.
The TPNW’s so-called “positive obligations” establish a framework of shared state responsibility for helping victims and cleaning the contaminated environment
During last year’s treaty negotiations at the United Nations, the Clinic worked closely with the International Campaign to Abolish Nuclear Weapons (ICAN), which received the 2017 Nobel Peace Prize. A team from the Clinic, along with advocates from Article 36, Mines Action Canada, and Pace University, played a leading role in ensuring that the treaty included the positive obligations.
April 3, 2018
In Clinic Case, Jury Finds Former Bolivian President Responsible for Extrajudicial Killings of Indigenous People; Awards $10 Million in Damages
In a landmark decision today, a federal jury found the former president of Bolivia and his minister of defense responsible for extrajudicial killings carried out by the Bolivian military in September and October 2003. The decision comes after a ten-year legal battle spearheaded by family members of eight people killed in what is known in Bolivia as the “Gas War.” It marked the first time in U.S. history a former head of state has sat before his accusers in a U.S. human rights trial. The jury awarded a total of $10 million in compensatory damages to the plaintiffs.
Both the former Bolivian president, Gonzalo Sánchez de Lozada, and his former defense minister, José Carlos Sánchez Berzaín, have lived in the United States since they fled Bolivia following the massacre known as “Black October.” During that period, more than 50 people were killed and hundreds were injured. In Bolivia, in 2011, former military commanders and government officials who acted under Sánchez de Lozada and Sánchez Berzaín’s authority were convicted for their roles in the killings. Both Sánchez de Lozada and Sánchez Berzaín were indicted in the same case, but could not be tried in abstentia under Bolivian law.
The lawsuit originated from a collaborative effort between the International Human Rights Clinic and Bolivian lawyers, advocates, and community members seeking justice for the 2003 violence. Dozens of students have worked on the case since 2006.
“After many years of fighting for justice for our family members and the people of Bolivia, we celebrate this historic victory,” said Teófilo Baltazar Cerro, a plaintiff and member of the indigenous Aymara community of Bolivia, who were victims of the defendants’ decision to use massive military force against the population. “Fifteen years after they fled justice, we have finally held Sánchez de Lozada and Sánchez Berzaín to account for the massacre they unleashed against our people.”
In Mamani v. Sánchez de Lozada and Sánchez Berzaín, the families of eight Bolivians who were killed filed suit against Sánchez de Lozada and Sánchez Berzaín in 2007. Today’s verdict affirms the plaintiffs’ claims that the two defendants were legally responsible for the extrajudicial killings and made decisions to deploy military forces in civilian communities in order to violently quash opposition to their policies.
“To me, it was the biggest honor of my life to work with the plaintiffs and learn from them in their struggle for justice,” said Thomas Becker ’08, who brought the idea for the lawsuit to IHRC after spending time in Bolivia and learning about the massacre there. “It’s an extraordinary privilege to witness this and be a small part of this.”
The three-week trial included the testimony of 29 witnesses from across Bolivia who recounted their experiences of the 2003 killings. Twenty-three appeared in person. Eight plaintiffs testified about the deaths of their family members, including: Etelvina Ramos Mamani and Eloy Rojas Mamani, whose eight-year-old daughter Marlene was killed in front of her mother when a single shot was fired through the window; Teófilo Baltazar Cerro, whose pregnant wife Teodosia was killed after a bullet was fired through the wall of a house; Felicidad Rosa Huanca Quispe, whose 69-year-old father Raul was shot and killed along a roadside; and Gonzalo Mamani Aguilar, whose father Arturo was shot and killed while tending his crops.
One witness, a former soldier in the Bolivian military, testified about being ordered to shoot at “anything that moves” in a civilian community, while another recounted witnessing a military officer kill a soldier for refusing to follow orders to shoot at unarmed civilians. Witnesses recounted how tanks rolled through in the streets and soldiers shot for hours on end. Others testified about how the president and minister of defense committed to a military option instead of pursuing dialogue with community leaders to reach a peaceful resolution.
In 2016, a U.S. appeals court held that the plaintiffs could proceed with their claims under the Torture Victim Protection Act (TVPA), which authorizes suits for monetary damages in U.S. federal court for extrajudicial killings. Sánchez de Lozada and Sánchez Berzaín then sought and were denied a review by the U.S. Supreme Court in 2017, and the case moved forward in U.S. District Court. After a review of the evidence gathered by both sides, District Court Judge James I. Cohn ruled on February 14 that the plaintiffs had presented sufficient evidence to proceed to trial.
“There are just no words for what the plaintiffs have done over the past ten years to seek justice for their lost loved ones as well as many others who were killed in Bolivia,” said Tyler Giannini, Co-Director of Harvard Law School’s International Human Rights Clinic. “Today the jury gave the plaintiffs a huge victory, and showed that the former president and his defense minister are not above the law.”
“When I heard the verdict, I almost couldn’t believe it,” added Susan Farbstein, Co-Director of Harvard Law School’s International Human Rights Clinic. “The only thing I could think of was: We didn’t let down the plaintiffs, we didn’t disappoint them, we did our jobs.”
As co-counsel, the International Human Rights Clinic has been involved in all phases of the litigation from the outset, including researching and drafting for the complaint and various motions and briefs, assisting with oral arguments, and undertaking more than a dozen investigative missions to Bolivia since 2007. Over the past year, during the discovery phase, students traveled to Bolivia numerous times, and assisted with document review, interrogatories, and the depositions of plaintiffs, witnesses and experts; more than a half dozen students worked on every facet of the case during the three weeks of trial.
“It was fascinating to work under the legal team and have complete faith in their talent and ability to manage such a complex case,” said Amy Volz ’18, who traveled to Bolivia on four fact-finding trips. “It was a once-in-a-lifetime opportunity.”
After the jury announced its verdict, the defendants made a motion asking the judge to overturn the jury’s finding of liability against both defendants. Both parties will submit briefing on this issue in the coming weeks.
“We’re not one to leave halfway through the fight,” said Baltazar Cerro. “We will struggle until the last moment.”
In addition to the Clinic, a team of lawyers from the Center for Constitutional Rights and the law firms of Akin Gump Strauss Hauer & Feld LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, and Akerman LLP are representing the family members. Lawyers from the Center for Law, Justice and Society (Dejusticia) are cooperating attorneys.
March 21, 2018
Earlier this week, Gerald L. Neuman, Co-Director of the Human Rights Program (HRP), and the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School, sat down to discuss HRP’s upcoming conference, “Human Rights in a Time of Populism,” with Natalie McCauley, JD ‘19.
The conference, which is free and open to the public, takes place this Friday afternoon and Saturday all day on Harvard Law School’s campus.
So Professor, to start us out: What is this conference about?
Thank you for asking. We plan to discuss the current rise in populism: What are its causes? What are its effects? What implications does it have for the international human rights system? And how should the international human rights system respond?
We don’t expect the answers to these questions to be the same for every country, and that’s one of the things we’re going to be discussing.
We’ll have more than a dozen leading experts coming from as far away as The Philippines and as near as our own university. There will be specific discussion on the United States, Poland, Southeast Asia, Turkey, and Latin America, as well as cross-cutting themes.
I should clarify what I mean by populism. Political scientists offer different formulations for the notion of populism, as we’ll be discussing. The phenomenon of concern here is a kind of politics that employs an exclusionary notion of the people- the “real people,” as opposed to disfavored groups that are unworthy. Populist leaders then claim to rule on behalf of the “real people,” whose will should not be constrained.
And does this populism affect internationally protected human rights?
We plan to discuss examples of how that happens. But the easy answer is: Yes, it does. Certainly within the country, and it in cases it has implications for other countries as well. If we look internally, often populism then leads to targeting the excluded groups. But it also poses a danger to the majority. Populists deny the legitimacy of the political opposition. They often try to entrench themselves in power and undermine checks. Populism can tip over into authoritarianism.
We’re talking about examples in Poland, Duterte in the Philippines, and of course, President Trump here. Continue Reading…
March 8, 2018
On this International Women’s Day, and every other day, we’re full of gratitude for all the women who push for change around the world. But we’re feeling particularly happy and proud today to see our very own Susan Farbstein honored in this year’s International Women’s Day portrait exhibit, organized by the Harvard Women’s Law Association (WLA).
Susan, who co-directs our International Human Rights Clinic, is among 25 luminaries celebrated in the Wasserstein Hall exhibit for their “astounding contributions” in the areas of law and policy.
They include Tarana Burke, a civil rights activist and the creator of “Me Too,” a phrase invented to raise awareness of the prevalence of sexual abuse in society; Zainah Anwar, a leading feminist activist and scholar in Malaysia, and the current Director of Musawah; Sarah McBride, an LGBT rights activist who serves as the National Press Secretary for the Human Rights Campaign; Losang Rabgey, the co-founder of Machik, a
nonprofit dedicated to social innovation in Tibet through educational development and capacity building; and Michele Roberts, the executive director of the National Basketball Players Association, and the first woman elected to head a major professional sports union in North America.
It comes as no surprise to us that Susan stands among them. As an expert in Alien Tort Statute litigation, among other things, she has been co-counsel in such landmark human rights cases as Wiwa v. Shell, in Re: South African Apartheid Litigation, and now Mamani v. Sanchez de Lozada and Sanchez Berzain. That historic case, which began trial in Federal District Court in Fort Lauderdale, Florida, on Monday, marks the first time a former head of state stands trial in a civil case in U.S. court for human rights abuses.
It is, in fact, the reason she missed the celebratory luncheon in honor of International Women’s Day. So today we celebrate Susan from afar for all she’s done to protect and strengthen human rights over the course of her career- and wish her, the clinical team, and the plaintiffs the very best of luck in the momentous days of the trial to come.
March 2, 2018
The International Human Rights Clinic (IHRC) is thrilled to announce the launch of the Armed Conflict and Civilian Protection Initiative (ACCPI), which aims to reduce the harm caused by armed conflict through targeted advocacy, leadership development, and the generation of innovative solutions.
The ACCPI will be led by Bonnie Docherty, Lecturer on Law and Associate Director of Armed Conflict and Civilian Protection, who is an internationally renowned leader in the field of humanitarian disarmament. Docherty has worked at the heart of almost every major civil society campaign to ban inhumane and indiscriminate weapons, or curtail their use to minimize the impacts on civilians. She was a critical player in the 2008 cluster munitions ban, as well as the nuclear weapons ban, adopted in July of last year.
“Today’s armed conflicts are causing countless civilian casualties, destroying infrastructure and the environment, and driving people from their homes,” said Docherty, who also works as a Senior Researcher in the Arms Division of Human Rights Watch. “This initiative represents a unique opportunity to provide focused support to the movement dealing with these issues, as well as to students interested in making a career in the field.”
Since she arrived at the Clinic in 2005, Docherty has put clinical students at the heart of her advocacy, supervising them on everything from field research in Lebanon to lobbying at the UN. Under her leadership, and through her mentorship, students have gone on to work as field researchers, advocates in peace negotiations, and policy analysts, actively working to protect civilians from the effects of armed conflict.
In the years to come, the ACCPI will create a formal track for HLS students who want to pursue careers in civilian protection. That track will expand on existing offerings, including specialized courses, clinical projects, and trainings; it will also build a career development program that links students with relevant organizations, a network of alumni, and funding for internships and fellowships.
“So many of us have learned the tools of the trade by Bonnie’s side,” said Anna Crowe, LLM ’12, Clinical Instructor and Lecturer on Law, who is actively involved in the ACCPI. “This initiative will strengthen the movement by creating even more opportunities for students to develop into leaders.”
The ACCPI will go broad as well as deep, tackling issues as diverse as environmental damage, refugee rights, and world heritage in times of armed conflict. One of its main areas of focus will be humanitarian disarmament, which strives to end the civilian suffering that certain weapons cause.
This Monday, March 5, the ACCPI’s inaugural conference, “Humanitarian Disarmament: The Way Ahead,” will bring dozens of international experts together to discuss how the movement has developed over the past two decades, and to explore where it should go from here. With its focus on collaboration and innovation, the conference is a window into one of the ACCPI’s central priorities: generating fresh perspectives and creative strategies for lessening the harms of war.
The mostly closed-door conference will include two public events: a keynote conversation with leaders of the Nobel Peace Prize-winning campaigns to ban nuclear weapons and landmines; and a panel that examines current issues in humanitarian disarmament, including efforts to end the urban use of certain explosive weapons, reduce the environmental impact of armed conflict, ban killer robots, and control the unlawful arms trade.
During her time in the Clinic, Docherty herself has gone deep on almost all of these issues, documenting the effects of explosive weapons in Ukraine, teaching about the environmental impacts of war, and making the case for preemptively prohibiting killer robots. Together with Crowe, she led a clinical team during the nuclear ban treaty negotiations last summer; supervisors and students successfully advocated for the treaty to include “positive obligations” that require countries to assist victims and clean up the environment affected by nuclear weapons.
The ACCPI will build on this body of work, focusing on effecting change through advocacy in two areas. First, it will ramp up existing efforts to create new international instruments that protect civilians from problematic weapons. Second, the initiative will promote the development of norms in unsettled areas of law and practice, whether hotly contested or at the intersection of multiple legal frameworks.
Throughout, the ACCPI will adopt an interdisciplinary approach that draws on multiple legal bodies to achieve its ends. It will look to international human rights law, the focus of IHRC and a body of law applicable at all times. It will use international humanitarian law, applicable in times of armed conflict. It will also rely on humanitarian disarmament law, which incorporates elements of both of the above.
In these ways and others, the ACCPI will occupy a distinct niche on Harvard’s campus, combining cutting-edge advocacy with student involvement in all aspects of the work. It is the kind of work that will make Harvard a center for excellence on civilian protection from armed conflict. And her colleagues know: There is no better person to lead it than Docherty, a pioneer from the very start.
“The depth of Bonnie’s impact on her field over the past fifteen years has been remarkable, and she’s done it all with such humility,” said Tyler Giannini, Co-Director of the International Human Rights Clinic. “She’s a tireless advocate, and given the state of armed conflict today, we’re elated to see her launch and lead this critically important initiative.”
February 20, 2018
Posted by Susan Farbstein and Tyler Giannini
We’ve got thrilling news today: After more than 10 years of litigation, our case, Mamani et al. v. Sánchez de Lozada and Sánchez Berzaín, is finally headed to trial. This is an historic event. It’s the first time a former head of state will stand trial in the U.S. for human rights abuses.
In less than two weeks, on March 5, the former President and Minister of Defense of Bolivia will stand trial in Federal District Court in Florida for their roles in a 2003 civilian massacre in Bolivia. And our clients will be in the courtroom to see it, and to testify.
We would not be here without the work of our partners, listed below, and dozens of clinical students who have contributed over the years, from fact-finding to drafting briefs to thinking strategically about how to move the case forward. Foremost among those students is Thomas Becker, JD ’08. This case started as a seed of an idea in his mind, and he has been working tirelessly on it ever since.
Most importantly, we want to thank our clients, who have kept their wounds open so this case could move forward on behalf of those they lost, and the many other Bolivians whose lives were irrevocably damaged by the actions of these defendants. They inspire us every day with the extraordinary courage and dedication they have shown at every step of this journey.
Please see below for the press release in English and Spanish.
U.S. Judge Orders Case Against Former Bolivian President for Role in 2003 Massacre to Proceed to Trial
Marks First Time in U.S. History a Former Head of State Will Sit Before Accusers in a Civil Human Rights Trial
February 20, 2018, Miami, FL – A federal judge has ruled that the former president of Bolivia and his minister of defense must face trial in the United States in a civil case alleging that the Bolivian military massacred more than 50 of its own citizens during a period of civil unrest in 2003. This is the first time that a former head of state will sit before his accusers in a civil human rights trial in a U.S. court. Last week, the judge rejected the defendants’ final effort to avoid trial (ruling English and Spanish), denying a motion filed by the former Bolivian president, Gonzalo Sánchez de Lozada, and his former defense minister, José Carlos Sánchez Berzaín, both of whom live in the United States. The trial will begin in the federal court in Fort Lauderdale on March 5, 2018.
“The former president and his minister of defense must now listen as we testify about what happened,” said Teófilo Baltazar Cerro, a member of the indigenous Aymara community of Bolivia, which led the protests where the government security forces opened fire. “We look forward to this historic opportunity to have our day in court.”
In Mamani v. Sánchez de Lozada and Sánchez Berzaín, as detailed in the Court’s February 14 order, the families of eight Bolivians killed filed suit against Sánchez de Lozada and Sánchez Berzaín, alleging that they planned the extrajudicial killings. The lawsuit alleges that, months in advance of the violence, the two defendants devised a plan to kill thousands of civilians, and intentionally used deadly force against political protests in an effort to quash political opposition. In addition to the deaths, more than 400 unarmed civilians were shot and injured.
In 2016, a U.S. appeals court held that the plaintiffs could proceed with their claims under the Torture Victim Protection Act (TVPA), which authorizes suits in U.S. federal court for extrajudicial killings. Sánchez de Lozada and Sánchez Berzaín then sought and were denied a review by the U.S. Supreme Court in 2017. After a review of the evidence gathered by both sides, District Court Judge James Cohn ruled on February 14 that the plaintiffs had presented sufficient evidence to proceed to trial.
“The trial will offer indigenous Aymara people, who have historically been excluded from justice, a chance to testify about events that led to dozens of deaths and hundreds of injuries,” said Beth Stephens, an attorney for the Plaintiffs (cooperating through the Center for Constitutional Rights).
The lawsuit alleges claims by nine plaintiffs including: Etelvina Ramos Mamani, whose eight-year-old daughter Marlene was killed in her mother’s bedroom when a single shot was fired through the window; Teofilo Baltazar Cerro, whose pregnant wife Teodosia was killed after a bullet was fired through the wall of a house; Felicidad Rosa Huanca Quispe, whose 69-year-old father Raul was shot and killed along a roadside; and Gonzalo Mamani Aguilar, whose father Arturo was shot and killed while tending his crops.
The family members are represented by a team of lawyers from the Center for Constitutional Rights, Harvard Law School’s International Human Rights Clinic, and the law firms of Akin, Gump, Strauss, Hauer & Feld, LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, and Akerman LLP. Lawyers from the Center for Law, Justice and Society (Dejusticia) are cooperating attorneys.
Chandra Hayslett, CCR, (212) 614-6458, firstname.lastname@example.org
Juez de los EE.UU. Ordena Que El Caso Contra el Ex-Presidente Boliviano Por Su Papel en la Masacre de 2003 Procederá a Juicio
Marca Primera Vez en La Historia de Estados Unidos Que Un Jefe De Estado Será Sometido a Un Juicio de Derechos Humanos Frente a Sus Acusadores
20 de febrero, Miami, Florida, Estados Unidos – Un juez federal de los Estados Unidos ha ordenado que el ex-presidente de Bolivia y su ministro de defensa serán sometidos a juicio en los EE.UU. en un caso civil alegando que el ejército Boliviano masacró a más de 50 de sus propios ciudadanos en un período de disturbios civiles en 2003. Será la primera vez que un ex-jefe de estado se sentará frente a sus acusadores en un juicio civil de derechos humanos en una corte en los Estados Unidos. La semana anterior, el juez rechazó el último esfuerzo de los acusados a evitar el juicio, negando una moción que presentaron Gonzalo Sánchez de Lozada, el ex-presidente de Bolivia, y su ex-ministro de defensa, José Carlos Sánchez Berzaín, los dos cuales viven en los EE.UU. El juicio comenzará en la corte federal en Fort Lauderdale, Florida el 5 de marzo de 2018.
“El ex-presidente y su ministro de defensa ahora tendrán que escuchar mientras testificamos sobre lo que pasó,” dijo Teófilo Baltazar Cerro, un miembro de la comunidad originaria Aymara, la cual dirigió las protestas donde las fuerzas de seguridad del gobierno abrieron fuego. “Esperamos esta oportunidad histórica para tener nuestro día en la corte.”
En el caso Mamani v. Sánchez de Lozada y Sánchez Berzaín, como se describe en la orden de la corte del 14 de febrero, las familias de ocho Bolivianos que fueron asesinados demandaron a Sánchez de Lozada y Sánchez Berzaín, alegando que planificaron las matanzas extrajudiciales. La demanda alega que, meses antes de la violencia, los dos acusados idearon un plan para matar a miles de civiles, e intencionalmente usaron fuerza letal en contra de las protestas políticas para reprimir la oposición política. Encima de las muertes, se disparó a más de 400 civiles desarmados que salieron heridos.
En 2016, una corte de apelación de los Estados Unidos sostuvo que los demandantes pudieron seguir con sus reclamaciones bajo el Acto de Protección para Las Víctimas de Tortura (TVPA por sus siglas en ingles), lo cual autoriza casos en el tribunal federal de Estados Unidos para matanzas extrajudiciales. Sánchez de Lozada y Sánchez Berzaín luego pidieron que la Corte Suprema de Estados Unidos tomara el caso, y fueron negados. Después de revisar la evidencia colectada de los dos lados, el Juez de la Corte del Distrito James Cohn ordenó el 14 de febrero que los demandantes habían presentado suficiente evidencia para seguir al juicio.
“Este juicio ofrecerá al pueblo Aymara, que históricamente ha sido excluida de la justicia, una oportunidad para testificar sobre los eventos que resultaron en docenas de muertes y cientos de heridas,” dijo Beth Stephens, una abogada para los demandantes, cooperando con el Centro de Derechos Constitucionales (Center for Constitutional Rights).
La demanda alega reclamaciones de nueve demandantes incluyendo: Etelvina Ramos Mamani, cuya hija de ocho años Marlene fue asesinada en el dormitorio de su madre cuando una sola bala fue disparado a través de la ventana; Teofilo Baltazar Cerro, cuya esposa embarazada Teodosia fue asesinada cuando se disparó una bala a través de la pared de una casa; Felicidad Rosa Huanca Quispe, cuyo padre de 69 años fue asesinado a tiros al lado de una carretera; y Gonzalo Mamani Aguilar, cuyo padre Arturo fue asesinado a tiros mientras cuidaba sus cultivos.
Los familiares son representados por un equipo de abogados del Centro de Derechos Constitucionales, La Clínica de Derechos Humanos Internacionales de la Facultad de Derecho de Harvard, y los bufetes de abogados Akin, Gump, Strauss, Hauer & Feld, LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, y Akerman LLP. Abogados de la organización Dejusticia son abogados cooperantes.
Chandra Hayslett, CCR, (212) 614-6458, email@example.com
February 20, 2018
Please join the Harvard Journal of Law & Gender tomorrow, Feb. 21, for a talk on Muslim family law reform featuring clinical instructor Salma Waheedi and Prof. Kristen Stilt, Faculty Director of the Islamic Legal Studies Program: Law and Social Change. The event begins at noon in WCC B015, with a plant-based lunch served.
Stilt and Waheedi will discuss their upcoming Journal of Law & Gender article examining reform efforts in family law in Muslim countries. They will discuss how change in family law can be achieved through arguments based on or justified by Islamic law. They will present and analyze legal strategies of family law reform and identify the possibilities and the limitations of each strategy. Their upcoming article is directed towards scholars and practitioners who seek a deeper understanding of the tools of change in Muslim family law.
This event is organized by the Journal of Law & Gender and co-sponsored by the Women’s Law Association, Islamic Legal Studies Program: Law and Social Change, and the Muslim Law Students Association.
February 19, 2018
Gerald Neuman intervenes as amicus in Sixth Circuit appeal to prevent deportation of Iraqi immigrants from the U.S.
Posted by Emily Nagisa Keehn
Professor Gerald Neuman, Co-Director of the Human Rights Program, recently filed an amicus curiae brief to the Sixth Circuit Court of Appeals in a case concerning the potential deportation of Iraqi immigrants, most of whom are Chaldean Christians, a persecuted minority in Iraq.
The Iraqi immigrants were ordered deported years ago, but could not be removed because there was no agreement between the U.S. and Iraq by which Iraq would accept their repatriation. The current administration negotiated an agreement with Iraq this past summer for that purpose, and began arresting the Iraqis with a view to sending them back immediately, without giving them an opportunity to show danger of persecution or torture in light of changed country conditions. If the Iraqis could show such danger, that would bar return under both U.S. law and domestic law.
In July 2017, the U.S. District Court for the Eastern District of Michigan ordered a stay of removal to give the petitioners the opportunity to seek administrative re-opening of their cases due to their need for protection. The government then appealed.
The amicus brief of law professors to the Sixth Circuit explains why the Suspension Clause of the Constitution requires that people in this situation have an effective judicial remedy that could prevent the government from sending them outside the U.S. before their cases can be heard. Thirteen other U.S. professors joined Professor Neuman as co-amici.
February 7, 2018
Last week, Emily Nagisa Keehn, Associate Director of HRP’s Academic Program, and J. Wesley Boyd, J. Wesley Boyd, Faculty, Center for Bioethics and Associate Professor of Psychiatry, Harvard Medical School, co-authored a compelling Op-Ed in The Conversation, examining how mass incarceration harms U.S. health. They write in part:
“Each year, an estimated 1,000 people die while incarcerated in U.S. jails, most of whom were unconvicted. Suicide rates for incarcerated people is 3-4 times higher than the general population. To us, the evidence is clear: Mass incarceration is a public health scourge in the U.S. The only reasonable response is to limit the unnecessary use of incarceration across the board.”
This commentary comes on the heels of a two-day conference, “Behind Bars: Ethics and Human Rights in U.S. Prisons.” which Emily helped to organize on behalf of HRP late last year. That conference, co-sponsored by the Center for Bioethics at Harvard Medical School, the Edmond J. Safra Center for Ethics at Harvard University, and the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, explored a range of topics, from treatment of pregnant women in prison to health care workers in prison to the psychopathological effects of solitary confinement.
Here’s a slideshow of the event (with photographs by Lipofsky.com), along with the keynote speech by Danielle Allen, Director, Edmond J. Safra Center for Ethics, Harvard University and
James Bryant Conant University Professor.
December 20, 2017
The Nobel Peace Prize Celebrations: Recognition and Reinvigoration for Humanitarian Disarmament Advocates
Posted by Bonnie Docherty
On December 10, 2017, at 1 p.m., uniformed musicians on the grand staircase of Oslo City Hall brought their gleaming trumpets to their lips and the audience to its feet. The clarion salute they sounded heralded the arrival of the king and queen of Norway and a new era of nuclear disarmament.
In front of dignitaries, diplomats, and dozens of civil society campaigners, myself included, the International Campaign to Abolish Nuclear Weapons (ICAN) received this year’s Nobel Peace Prize.
The award honors ICAN for having “given the efforts to achieve a world without nuclear weapons a new direction and new vigour.” In particular, the prize recognizes the civil society coalition’s “ground-breaking” work to realize a treaty banning nuclear weapons.
More than 70 years after the dropping of atomic bombs on Hiroshima and Nagasaki, the 2017 Treaty on the Prohibition of Nuclear Weapons makes clear that nuclear weapons are illegal as well as immoral and increases the stigma against them. It also shows that real progress in nuclear disarmament is possible.
I had the honor of attending the Nobel ceremony as part of ICAN’s delegation because, along with Clinical Instructor Anna Crowe and a team from the International Human Rights Clinic, I partnered closely with ICAN during last summer’s treaty negotiations. We provided legal advice and successfully lobbied for obligations to address the humanitarian and environmental harm caused by nuclear weapons.
I can best describe my four days in Oslo as magical. In addition to the ceremony, the celebrations included a torchlight parade, a concert in ICAN’s honor, and the opening of a museum exhibition on the coalition. Nobel Peace Prize banners hung from street lamps on the city’s main boulevard, and the lights on a Ferris wheel alternated flashing the Nobel medal and the ICAN logo.
The experience was made all the more meaningful because I shared it with friends from around the world with whom I’ve advocated for humanitarian disarmament for more than 15 years.
The genesis of the nuclear weapon ban treaty exemplifies the power of a humanitarian approach to disarmament. After the 1996 adoption of the Comprehensive Nuclear-Test-Ban Treaty, there was minimal progress in advancing the law on nuclear weapons; international discussions continued but produced no tangible results.
In 2010, ICAN and other proponents of a new treaty began to reframe nuclear weapons as a humanitarian, rather than national security, issue. Publications from ICAN and its member organizations highlighted the horrific harm caused by use and testing. A resolution from the International Red Cross and Red Crescent Movement called for using “the framework of humanitarian diplomacy” to work toward a treaty prohibiting nuclear weapons. In 2015, 127 states endorsed the “Humanitarian Pledge,” committing “to promote the protection of civilians against risks stemming from nuclear weapons” and to strive for a world free of nuclear weapons.
This shift in the debate broke the international deadlock. The following year, the UN General Assembly passed a resolution to initiate treaty negotiations, and on July 7, 2017, 122 states adopted a global ban on nuclear weapons. Only one country voted against, and one abstained.
As I explained at a legal seminar held during the Nobel celebrations, the influence of humanitarian disarmament is evident in the treaty’s text as well as the process behind it. The preamble recognizes the overwhelming human and environmental consequences of the weapons, and acknowledges the disproportionate impact on women and girls and indigenous peoples. Continue Reading…