Blog: Bonnie Docherty
- Page 1 of 7
January 19, 2022
IHRC’s Bonnie Docherty Shares Thoughts on the Sixth Review Conference of the Convention on Conventional Weapons
By Sarah Foote with Bonnie Docherty
Countries party to the Convention on Conventional Weapons (CCW), a major international disarmament treaty, convened last month at the United Nations in Geneva for its Sixth Review Conference. They focused much of their attention on two topics: killer robots, which they refer to as lethal autonomous weapons systems, and incendiary weapons. Students from the International Human Rights Clinic, under the supervision of Bonnie Docherty, have contributed to civil society efforts to push for negotiations of a new treaty on killer robots, which would select and engage targets without meaningful human control. The Clinic and Human Rights Watch have also spearheaded advocacy to initiate a process to revisit and strengthen CCW Protocol III, which governs incendiary weapons. That protocol has loopholes that undermine its ability to protect civilians from the horrors of incendiary weapons, the source of excruciating burns and lifelong suffering.
In the conversation below, Bonnie Docherty reflects on the Review Conference, its outcomes, and the next steps for these critical humanitarian issues.
Q. You weren’t able to travel to Geneva for the Review Conference of the Convention on Conventional Weapons held last December due to COVID. Were you able to watch the talks?
Bonnie Docherty: I watched all of the sessions from 4 am -12 pm for two and a half weeks through the UN Web TV live stream. Delegates from some countries and organizations did attend in person. However, due to COVID and Omicron, many civil societies representatives and diplomats did not attend for safety reasons. I participated actively through text messages, What’s App, emails, and meetings via Zoom with diplomats and colleagues. I used these tools to advocate for our issues and keep up-to-date with the people on the ground.
Although I could not make remote interventions myself, a Human Rights Watch representative read a statement that expressed our position on killer robots and incendiary weapons. A colleague from Mines Action Canada also delivered a statement I wrote on behalf of eight civil society organizations regarding incendiary weapons.
Q. What were the most important takeaways from the CCW discussions?
Bonnie Docherty: With regard to incendiary weapons, the outcome of the Review Conference on paper was disappointing because Russia refused to agree to put Protocol III on the agenda for next year. CCW operates by consensus so any one state can block progress. It was very discouraging after our all efforts to put forward a reasonable request—to hold dedicated discussions of the topic next year.
That said, there were powerful and encouraging statements from many states who supported having these discussions. There were impassioned pleas to stop the cruelty that incendiary weapons can cause. These countries understood the true human impact these types of weapons have, and this was important progress. They also recognized victims and the harm they have suffered.
Regarding autonomous weapons systems, the Review Conference made clear that progress on this issue cannot be made in a consensus body. Hopefully, the failure of the Conference to agree to negotiate a legally binding instrument will inspire states to go to a different forum and adopt a new treaty to make real change.Continue Reading…
December 15, 2021
Posted by By David Hogan, Harvard Law School International Human Rights Clinic
This post originally appeared on humanitariandisarmament.org’s Disarmament Dialogue blog. Videos of the panelists are available there.
As states gathered in Geneva, Switzerland, for a major UN disarmament conference, a recent online event illuminated the cruel effects of incendiary weapons and the need for stronger international law. Incendiary weapons, which produce heat and fire through the chemical reaction of a flammable substance, cause horrific injuries and long-term physical, psychological, and socioeconomic suffering. Protocol III of the Convention on Conventional Weapons (CCW) regulates the use of these weapons, but two loopholes weaken its effectiveness.
The event was entitled, “Incendiary Weapons: The Humanitarian Call for Stronger Law,” and co-hosted by Human Rights Watch and Harvard Law School’s International Human Rights Clinic. It featured three panelists: Kim Phuc Phan Thi, survivor of a napalm attack in Vietnam in 1972; Dr. Rola Hallam, a British doctor who treated victims of an incendiary weapons attack in Syria; and Roos Boer, a researcher at PAX, a Dutch peace organization. Kim Phuc and Dr. Hallam detailed the grievous suffering caused by incendiary weapons and articulated their hopes for a more peaceful future, while Boer described financial institutions’ policies for divesting from incendiary weapons.
Moderator Bonnie Docherty, of Human Rights Watch and Harvard Law School’s International Human Rights Clinic, opened the event by explaining the shortcomings of existing law and what states should do to address them. First, Protocol III’s definition of incendiary weapons excludes most multipurpose weapons with incendiary effects, such as white phosphorus. Second, the protocol has weaker restrictions for ground-launched weapons than for airdropped ones, even though they have the same damaging effects. At the CCW’s Sixth Review Conference, underway in Geneva until December 17, 2021, CCW states parties should agree to set aside time to assess the adequacy of the protocol with an eye toward strengthening it.
Known around the world as “the girl in the picture,” Kim Phuc was immortalized at age 9 by a photograph that shows her screaming and running naked down a road in Trảng Bàng, Vietnam, after having her clothing burned off by napalm. Kim Phuc’s memories of June 8, 1972, include fleeing bombs and explosions of gasoline and screaming, “too hot,” as her skin was on fire. Her parents located her in a hospital morgue three days after the attack, and she was transferred to a burn clinic in Saigon. Every day a nurse placed her in a tub “filled with a surgical soft solution and warm water [that] made it easier to cut [her] bare skin off.” She remembers, “The pain was unbearable, and I just cried as a child. When I couldn’t bear, when I couldn’t stand it any longer, I just passed out.”
Although Kim Phuc ultimately survived and left the burn clinic 14 months later, she endured lasting physical and emotional scars. She recalls, “I didn’t feel pretty growing up. I was certain no boy would ever love me or marry me and that I would never have a normal life.” She dreamed of being a doctor and was accepted into medical school, but the Vietnamese government cut her off from her studies so that she could serve as a symbol for the state, making her feel like “a victim all over again.” This was a “very low point” in her life. Kim Phuc reports that even now, she still receives laser treatment for burns covering her arm, back, and neck. “With all the scars, [I] have no pores, cannot sweat, so I have diabetes, high blood pressure, high cholesterol, and gout.” She also still suffers from pain, nightmares, and trauma, and whenever she sees a gun, fear and memories of war and fire return.
While her suffering exemplifies the impacts of incendiary weapons, Kim Phuc expressed hope for the world. She later married, defected to Canada, and founded the Kim Foundation International, a non-profit that funds projects to help child victims of war around the world. She also travels the world as a UNESCO Goodwill Ambassador. She described the difficult but liberating task of forgiving those who caused her harm and credits her Christian faith with making that possible. Kim Phuc said that she “will forever bear the scar” of the napalm attack, but she articulated her dream that “one day, all people will live without fear in real peace, no fighting and no hostility.” She said: “I believe that peace, love, and forgiveness will always be more powerful than any kind of weapons.”Continue Reading…
December 1, 2021
Legal Uncertainty, Growing Concerns Show Urgent Need for Regulation
Governments should agree to open negotiations on a new treaty to retain meaningful human control over the use of force, Human Rights Watch and the International Human Rights Clinic at Harvard Law School said in a report released today. Countries will be meeting at the United Nations in Geneva in December 2021 to decide whether to begin negotiations to adopt new international law on lethal autonomous weapons systems, also known as “killer robots.”
The 23-page report, “Crunch Time on Killer Robots: Why New Law Is Needed and How It Can Be Achieved,” by Human Rights Watch and the Harvard Law School International Human Rights Clinic, finds that international law should be strengthened and clarified to protect humanity from the dangers posed by weapons systems that select and engage targets without meaningful human control.
“After eight years discussing the far-reaching consequences of removing human control from the use of force, countries now need to decide how to respond to those threats,” said Bonnie Docherty, associate director of armed conflict and civilian protection at the Harvard International Human Rights Clinic and senior arms researcher at Human Rights Watch. “There’s an urgent need for a dedicated treaty to address the shortcomings of international humanitarian law and update it to deal with the legal, ethical, and societal challenges of today’s artificial intelligence and emerging technologies.”
The Sixth Review Conference of the Convention on Conventional Weapons (CCW), scheduled to be held from December 13-17, is a major juncture for international talks on killer robots. At the last CCW meeting on killer robots in September, most countries that spoke called for a new legally binding instrument on autonomous weapons systems. Chile, Mexico, and Brazil urged treaty members to agree to initiate negotiations of new international law. Other proponents included the ‘Group of Ten’ states (Argentina, Costa Rica, Ecuador, El Salvador, Palestine, Panama, Peru, Philippines, Sierra Leone, and Uruguay) and states of the Non-Aligned Movement.
There are various possible forums for negotiating a new treaty on autonomous weapons systems. Other than the CCW, options include a stand-alone process, as was used for the treaties banning antipersonnel landmines and cluster munitions, and the United Nations General Assembly, where the nuclear weapons ban treaty was negotiated.
Existing international humanitarian law is not adequate to address the problems posed by autonomous weapons systems, Human Rights Watch and the Harvard Clinic said. There is widespread support for developing new law and any divergence of views reinforces the need to clarify existing law. A new treaty would address the concerns raised by these weapons systems under international humanitarian law, ethics, international human rights law, accountability, and security.
Such a treaty should cover weapons systems that select and engage targets on the basis of sensor, rather than human, inputs. Most treaty proponents have called for a prohibition on weapons systems that by their nature select and engage targets without meaningful human control, such as complex systems using machine-learning algorithms that produce unpredictable or inexplicable effects.Continue Reading…
January 27, 2021
Posted by Bonnie Docherty
At the stroke of midnight on January 22, 2021, the Treaty on the Prohibition of Nuclear Weapons (TPNW) was transformed from words on paper to binding law. States parties — countries that have have agreed to be bound by the treaty — are now obliged to uphold a ban on nuclear weapons, take measures to ensure the weapons’ elimination, and address the harm caused by past use and testing. Signatory states may not violate its object and purpose.
The TPNW’s entry into force, triggered last October when Honduras became the 50th state to ratify, is a milestone for humanitarian disarmament, a crucial step toward a world free of nuclear weapons, and an uplifting moment in the midst of a devastating pandemic.
This landmark moment also offers an opportunity to look back on negotiations at the United Nations in New York in 2017. The hard work, determination, and collaboration of hundreds of individuals made the TPNW a reality.
My colleague Anna Crowe LLM’12 and I participated in the negotiations with a four-person team from Harvard Law School’s International Human Rights Clinic. The students included Carina Bentata JD’18, Molly Doggett JD’17, Lan Mei JD’17, and Alice Osman LLM’17.
At a reunion celebration last week, our team reflected on the experience and shared memories that will likely resonate with our fellow campaigners. “Witnessing the treaty’s adoption was overwhelming,” Mei said. “It felt like a key moment in my life. Even though it wouldn’t affect me personally, it was monumental.”
During the four weeks of negotiations, we partnered with the International Campaign to Abolish Nuclear Weapons (ICAN), which later received the 2017 Nobel Peace Prize for its efforts. We engaged in advocacy and offered legal advice on a range of topics.
While negotiators devoted much of their attention to the TPNW’s prohibitions on future actions, we focused on the treaty’s positive obligations, affirmative requirements to mitigate the harm already inflicted by nuclear weapons. In partnership with campaigners from Article 36, Mines Action Canada, and Pace University, we argued successfully for obligations on victim assistance and environmental remediation. This group became known as ICAN’s “pos obs team,” after the positive obligations for which we were calling.Continue Reading…
January 22, 2021
Posted by Dana Walters
Today, the Treaty on the Prohibition of Nuclear Weapons enters into force. What exactly does this mean? All of the treaty’s obligations, from providing assistance to victims of use and testing to banning possession, transfer, use, and other activities related to nuclear weapons, become law. Campaigners around the world, including some of our own at Harvard Law School, put in a monumental effort to make this day happen.
In 2017, the International Human Rights Clinic played a significant role in negotiations that brought the treaty from imagination to reality. Working with the International Campaign to Abolish Nuclear Weapons (ICAN) and Article 36, Bonnie Docherty JD’01 and Anna Crowe LLM’12 led a team of students to ensure that the treaty held fast to humanitarian disarmament principles.Continue Reading…
December 2, 2020
Posted by Erin Shortell JD'21
On August 26, 2013, 18-year-old Muhammed Assi stood in the courtyard of a Syrian school talking with five classmates. Suddenly, an incendiary bomb landed in the middle of the group of students, immediately killing all but Muhammed.
“The intensity of the explosion threw me a distance of about three to four meters from where the missile struck,” Muhammed said. “We were surrounded by the fire. I used my hands to hit my head to try to snuff out the fire.” Other students screamed in horror, many badly burned and calling out for help, and dead bodies lay in the schoolyard. Muhammed recalled, “Time seems to stop when these things happen to you… [W]ords can’t describe my feelings, but I saw the fire completely surrounding me from everywhere, and when the breeze blew, it fed oxygen into the incendiary substance and made it burn even stronger.”
In a new report entitled, “They Burn Through Everything”: The Human Cost of Incendiary Weapons and the Limits of International Law, Human Rights Watch (HRW) and the Harvard Law School International Human Rights Clinic (IHRC) detail the human suffering inflicted by incendiary weapons. These weapons produce heat and fire through the chemical reaction of a flammable substance. Protocol III to the Convention on Conventional Weapons (CCW) imposes some restrictions on the use of incendiary weapons, but it has failed to adequately protect civilians like Muhammed. While CCW states parties have expressed concerns about the use of incendiary weapons for years, the report urges them to formalize these discussions at their Review Conference next year and to strengthen Protocol III.Continue Reading…
November 9, 2020
Clinic, HRW Argue Legal Loopholes Must Close to Prevent Further Civilian Suffering
(Geneva) – The horrific burns and life-long suffering caused by incendiary weapons demand that governments urgently revise existing treaty standards, Human Rights Watch and Harvard Law School’s International Human Rights Clinic said in a report jointly published today.
The 45-page report, “‘They Burn Through Everything’: The Human Cost of Incendiary Weapons and the Limits of International Law,” details the immediate injuries and lasting physical, psychological, and socioeconomic harm of incendiary weapons, including white phosphorus, used by parties to recent conflicts. Countries should revisit and strengthen the international treaty governing these weapons, which burn people and set civilian structures and property on fire, Human Rights Watch concluded.
“While victims endure the cruel effects of incendiary weapons, countries endlessly debate whether even to hold formal discussions on the weapons,” said Bonnie Docherty, senior arms researcher at Human Rights Watch and associate director of armed conflict and civilian protection at the International Human Rights Clinic. “Countries should recognize the long-term suffering of survivors by addressing the shortcomings of existing international law.”Continue Reading…
October 20, 2020
Shared Concerns, Desire for Human Control Should Spur Regulation
(Washington, DC, October 20, 2020) – A treaty to ban fully autonomous weapons, or “killer robots,” is essential and achievable, the International Human Rights Clinic said in a report released today.
The 25-page report, “New Weapons, Proven Precedent: Elements of and Models for a Treaty on Killer Robots,” outlines key elements for a future treaty to maintain meaningful human control over the use of force and prohibit weapons systems that operate without such control. It should consist of both positive obligations and prohibitions as well as elaborate on the components of “meaningful human control.”
“International law was written for humans, not machines, and needs to be strengthened to retain meaningful human control over the use of force,” said Bonnie Docherty, associate director of armed conflict and civilian protection in the International Human Rights Clinic at Harvard Law School. “A new international treaty is the only effective way to prevent the delegation of life-and-death decisions to machines.”Continue Reading…
September 30, 2020
Confronting conflict pollution: new principles argue for greater assistance for victims of toxic remnants of war
Posted by Dana Walters
Between 1946 and 1958, the United States conducted 67 nuclear tests in the Marshall Islands, irreparably damaging the environment and disrupting the lives of the people who called the area home. When Bonnie Docherty ’01, associate director of armed conflict and civilian protection in Harvard Law School’s International Human Rights Clinic, visited the islands in March 2018, she spoke with survivors who suffered from immediate and long-term health effects and who remain displaced decades after the tests.
“Many survivors in the Marshall Islands described having no warning that the tests were going to occur. Then there was blinding light. The sky turned red and various other colors, and then white, radioactive ash fell everywhere,” Docherty said. “Eventually, the U.S. military came and evacuated the communities. For years, as some people would try to return to their home, they did not know if they were still at risk or if the land was safe. There was a remarkable lack of information distributed to those who were most affected.”
The experiences of survivors in the Marshall Islands, as well as other places where armed conflict and military activity have harmed the environment, provided an impetus for “Confronting Conflict Pollution: Principles for Assisting Victims of Toxic Remnants of War,” a major report released today. Co-published by the International Human Rights Clinic and the Conflict and Environment Observatory (CEOBS), the report establishes a new framework for addressing the human harm resulting from the environmental consequences of conflict.
The report lays out 14 principles that cover a range of harm and assistance, establish a mechanism for shared responsibility, identify key implementation measures, and apply overarching human rights norms. The report also includes a detailed commentary, explaining the principles and providing precedent for them. The overarching goal of the principles is to ensure that victims’ needs are met and that they can realize their human rights.
“There have been huge advances in developing legal frameworks for protecting the environment in relation to armed conflicts in the last decade,” said Doug Weir, research and policy director at CEOBS. “The principles help fill a clear gap in clarifying how states and the international community should respond to the consequences of environmental degradation on communities.”
Weir and a panel of other experts joined Docherty for an online launch event on September 30.
The report adapts the concept of victim assistance, originally designed to deal with explosive weapons, to conflict-related pollution, such as that from nuclear weapon use and testing, oil well fires in Iraq, or the bombing of industrial plants in Ukraine.
Docherty began the process of drafting principles regarding toxic remnants of war with Weir and then-Clinical Fellow Rebecca Agule ’10 in fall 2016. After taking a short break to assist the Nobel Peace Prize-winning International Campaign to Abolish Nuclear Weapons (ICAN) during the negotiations of the historic Treaty on the Prohibition of Nuclear Weapons (TPNW), she returned to the project in fall 2018 with an exceptional team of clinical students: Matthew Griechen ’19, Daniel Levine-Spound ’19, and Susannah Marshall ’19. Docherty’s experiences with the TPNW, the first treaty to require assistance for victims of toxic remnants of war, informed the clinic’s principles.Continue Reading…
July 31, 2020
Posted by Bonnie Docherty
Ten years ago tonight, I watched my laptop intently as the minutes, then seconds, ticked closer to midnight. A countdown clock on the Cluster Munition Coalition (CMC) website marked the time until the Convention on Cluster Munitions entered into force.
I held my breath as the clock read … 3-2-1 and cheered when it finally reached 0. At the stroke of 12 a.m., the treaty, for which I had advocated since 2001, became binding law on the 38 states that had already joined it. I celebrated the moment by emailing friends and former students with whom I had campaigned for the convention. Around the world that day, representatives of CMC, a coalition of nongovernmental organizations from more than 100 countries, held celebrations with the theme “beat the drum to ban cluster munitions.”
The anniversary of this milestone provides an opportunity to reflect on the legacy of the Convention on Cluster Munitions. The treaty, which now has 108 states parties and 17 signatories, has saved civilian lives through its prohibitions and remedial measures. It has spawned other humanitarian disarmament campaigns to reduce arms-inflicted human suffering and environmental harm. And it has created a new generation of disarmament and human rights advocates.
Cluster munitions, large weapons that disperse dozens or hundreds of smaller submunitions over a wide area, inflict unacceptable harm during attacks and after. Because they cannot distinguish between soldiers and civilians, they cause significant civilian casualties when used in populated areas, as they often are. In addition, many submunitions fail to explode on impact, becoming de facto landmines that continue to kill and injure civilians for months and years to come.Continue Reading…
- Page 1 of 7