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The Program on Human Rights at Stanford's Center on Democracy, Development and the Rule of Law inaugurated the 2012-2013 Sanela Diana Jenkins Speaker Series by hosting a Dec. 7 seminar with the former prosecutor of the International Criminal Court (ICC), the Honorable Luis Moreno-Ocampo. The lecture series will bring to light current challenges and possibilities for the ICC over the next decade, which include: how to determine reparations for victims; U.S. and ICC relations; and nation-state cooperation. During the 2012-2013 academic year, the series will examine the ICC by hosting debates with local, national and international experts, academics and activists.

On July 1, 2002, the ICC was established by more than 100 nations to ensure that those who have committed violations of genocide, war crimes, and crimes against humanity are brought to justice. National governments that have signed the treaty establishing the ICC have promised to progressively structure their national criminal systems so these egregious human rights violators will be brought before their own people and courts under fair trial processes.

In the last decade the ICC has brought 16 cases to the court from seven different conflicts in Africa.

“The ICC is now firmly established as international destination for genocidaires,” said Helen Stacy, director of the Program on Human Rights. “In the coming decade, we shall know better whether the ICC deters would-be genocidaires before they commit their awful crimes. The next decade will also show if the world's biggest exceptionalists — such as the U.S. and China —are willing to accept ICC jurisdiction. The time is ripe for this series to assess the impact of the international criminal justice on human rights after devastating conflict, both its triumphs and its shortcomings,” continued Stacy.

Moreno-Ocampo came to the ICC with a distinguished record as a prosecutor in the trials of Argentine military officials of the 1976-1983 military dictatorship. Over his ten year term in the ICC, Moreno-Ocampo was responsible for establishing the Office of the Prosecutor as an institution, opening ICC investigations and prosecuting those who were ultimately brought to trial.

The ICC and Moreno-Ocampo symbolize historic achievements in international law. The 121 signatories to the treaty recognizing the ICC demonstrated that international criminal justice is an important issue on the global political agenda. In addition, the ICC’s actions in its first decade have not only had a positive impact on the lives of tens of thousands of direct victims, but also for millions of people in affected communities and societies who have re-built their lives after years of civil war, genocide, murder, rape and the destruction of property.  

“We are looking forward to a lively conversation about important issues of global politics and justice at Stanford and on the web,” said Richard Steinberg, visiting professor of international relations at Stanford and editor-in-chief of the Online Forum. Steinberg, who is also a professor of Law at UCLA, added, “The series will feature debate on key questions about the ICC, including the extent to which peace and international justice are compatible and how the ICC can retain its legitimacy as a justice institution while navigating the perils of international politics.”

The Sanela Diana Jenkins ICC Speakers Series will take place over three academic quarters: a fall quarter workshop with Luis Moreno-Ocampo; a winter quarter speaker series open to the entire Stanford community and the public (and also a one-unit credit course for Stanford students); and a spring quarter conference. The results of these conferences will be compiled in a working papers series on the ICC and international criminal justice. Beginning January 8, 2013, speaker series presentations will also be presented to and debated by a global audience on the Human Rights & International Criminal Law Online Forum at www.stanfordhumanrights.com.

 For more information on the series, please visit: http://humanrights.stanford.edu/events/one_decade_of_the_international_….

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Abstract:

The sanguinary Sri Lankan civil war was brought to a close in May 2009. The means adopted to bring an end to this conflict have come under considerable external criticism on the grounds of the indiscriminate use of force. Regardless of how the conflict was terminated, its end should have enabled the regime in Sri Lanka to reassure the minority Tamil community that their interests would not be overlooked in its wake. Instead the country has witnessed waves of ethnic triumphalism and dissenters have faced intimidation. Unless these trends are reversed, despite the existence of the formal trappings of democracy, the future of Sri Lanka as a viable democratic state could well be in jeopardy.

Speaker Bio:

Sumit Ganguly is a professor of political science and holds the Rabindranath Tagore Chair in Indian Cultures and Civilizations at Indiana University, Bloomington. He has previously taught at James Madison College of Michigan State University, Hunter College and The Graduate Center of the City University of New York and the University of Texas at Austin. Professor Ganguly has been a Fellow at the Woodrow Wilson International Center for Scholars in Washington, DC, a Visiting Fellow at the Center for International Security and Cooperation and at the Center on Democracy, Development and the Rule of Law at Stanford University, a Guest Scholar at the Center for Cooperative Monitoring in Albuquerque and a Visiting Scholar at the German Institute for International and Area Studies in Hamburg.

He was also the holder of the Ngee Ann Chair in International Politics at the Rajaratnam School for International Studies at Nanyang Technological University in Singapore in the spring term of 2010.  Additionally, he is a Senior Fellow at the Foreign Policy Research Institute in Philadelphia. Professor Ganguly serves on the editorial boards of Asian Affairs, Asian Security, Asian Survey, Current History, the Journal of Democracy, International Security and Security Studies. A specialist on the contemporary politics of South Asia is the author, co-author, editor or co-editor of 20 books on the region.  

His most recent books are India Since 1980 (with Rahul Mukherji), published by Cambridge University Press and Asian Rivalries: Conflict, Escalation and Limitations on Two-Level Games (with William Thompson) published by Stanford University Press. He is currently at work on a new book, Deadly Impasse: India-Pakistan Relations at the Dawn of a New Century for Cambridge University Press.

His article on corruption in India was just published in the January 2012 issue of the Journal of Democracy, and he is currently writing a new book with Bill Thompson entitled The State of India (for Columbia University Press) which seeks to assess India's prospects and limitations of emerging as a great power

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Sumit Ganguly Professor, Political Science Speaker Indiana University, Bloomington
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This seminar will discuss the current issues surrounding the sovereignty of the Diaoyutai Islets and the East China Sea peace initiative of the government of the Republic of China, Taiwan, through which ROC president Ma ying-jeou is calling for dialogue to resolve disputes over the archipelago.

Prof. Edward I–Hsin Chen, who earned his Ph.D. from Department of Political Science at Columbia University in 1986, is currently teaching in the Graduate Institute of Americas (GIA) at Tamkang University. He was a Legislator from 1996 to 1999, an Assemblyman in 2005, and the director of the institute from 2001 to 2005. He specializes in IR theories, IPE theories, and decision-making theories of U.S. policy toward China and Taiwan. 

His recent English articles include U.S. Role in Future Taipei-Beijing Relation, in King-yuh Chang, ed., Political Economic Security in Asia-Pacific (Taipei: Foundation on International & Cross-Strait Studies, 2004); A Retrospective and Prospective Overview of U.S.-PRC-ROC Relations, in Views & Policies: Taiwan Forum, Vol. 2, No. 2, December 2005 (A Journal of Cross-Strait Interflow Prospect Foundation in Taipei); The Decision-Making Process of the Clinton Administration in the Taiwan Strait Crisis of 1995-96, in King-yuh Chang, ed., The 1996 Strait Crisis Decisions, Lessons & Prospects (Taipei: Foundation on International & Cross-Strait Studies, 2006); From Balance to Imbalance: The U.S. Cross-Strait Policy in the First Term of the Bush Administration, in Quansheng Zhao and Tai Wan-chin, ed.,Globalization and East Asia (Taipei: Taiwan Elite, 2007); The Role of the United States in Cross-Strait Negotiations: A Taiwanese Perspective, in Jacob Bercovitch, Kwei-bo Huang and Chung-chian Teng, eds.,Conflict Management, Security and Intervention in East Asia. (New York: Routledge, 2008), pp. 193-216; and The Security Dilemma in U.S.-Taiwan Informal Alliance Politics, Issues & Studies, Vol. 48, No. 1, March 2012, 1-50

Dr. Yann-huei Song is currently a research fellow at the Institute of European and American Studies, and joint research fellow at the Centre for Asia-Pacific Area Studies, Academia Sinica, Taipei, Taiwan, the Republic of China. 

Professor Song received his Ph.D. in International Relations from Kent State University, Ohio, and L.L.M. as well as J.S.D. from the School of Law (Boalt Hall), University of California, Berkeley, the United States. He has broad academic interests covering ocean law and policy studies, international fisheries law, international environmental law, maritime security, and the South China Sea issues. He has been actively participating in the Informal Workshop on Managing Potential Conflicts in the South China Sea (the SCS Workshop) that is organized by the government of the Republic of Indonesia. 

Professor Song is the convener of Academia Sinica's South China Sea Interdisciplinary Study Group and the convener of the Sino-American Research Programme at the Institute of European American Studies. He is a member of the editorial boards of Ocean Development and International Law and Chinese (Taiwan) Yearbook of International Law and Affairs. He has frequently been asked to provide advisory opinions by a number of government agencies in Taiwan on the policy issues related to the East and South China Seas.

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Edward I-Hsin Chen Professor of Political Science Speaker Graduate Institute of Americas, Tamkang University
Yann-huei Song Research Fellow Speaker Institute of European and American Studies, FSI
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On October 30, the Program on Human Rights (PHR) at Stanford's Center on Democracy, Development and the Rule of Law (CDDRL) held a day-long conference to examine health and human rights. The conference was held to discuss how a rights-based approach to health services can impact the delivery of effective health interventions and advance other socio-economic and cultural rights in developing regions. The conference titled, “Why We Should Care: Health and Human Rights” was divided into five panels with presenters from diverse backgrounds and professions including lawyers, doctors, public health experts, students and activists.

The Program:

The conference started with a welcoming address by Helen Stacy, director of the Program on Human Rights. CDDRL Director Larry Diamond introduced the keynote speaker Paul H. Wise, professor of child health and society and pediatrics at Stanford University’s School of Medicine, and director of the Center for Policy, Outcomes and Prevention. Wise's opening remarks began on a somber note, “The language of rights means very little to a child stillborn, an infant dying in pain from pneumonia or a child desiccated by famine.” In his address, Wise emphasized the need for an aligned and integrated rights-based approach that does not undermine effective and efficient medical interventions. “We need to fill the gap between the worlds of child health and child rights so that our programs and policies are both effective and just,” he stressed.

Following the keynote address, the conference presenters shared their work according to a geographic or thematic focus. The first panel brought together three generations of speakers from Stanford - a faculty member, a pre-doctoral fellow and a recent graduate - in a unique opportunity to share ideas and discuss possibilities of health work in Africa. Rebecca Walker, clinical instructor in emergency medicine at Stanford School of Medicine, presented her impressions and reactions on Mindy Roseman’s study of forced sterilization in Namibia. Roseman, academic director of the Human Rights Program and lecturer on law at Harvard Law School, was unable to attend due to flight complications after hurricane Sandy hit the East Coast.

Eric Kramon, 2011-2012 pre-doctoral fellow at CDDRL, spoke about the political sources of ethnic inequality in health outcomes in Africa.  Kramon’s work in Kenya illustrated how politics plays a determinant role in ethnic inequalities and consequently in access to health and health outcomes. Jeffrey Tran, a 2011 Stanford graduate in human biology, described the vision behind the launch of the Project of Emergency First Aid Responder in Western Cape Province, South Africa that he helped implement. Tran explained, “Individuals and communities are an integral part of the solution and we work with the communities to develop first aid training programs that are taught and eventually run by community members.”

Panel two was dedicated to the health impact of drones in Pakistan and in Gaza. Based on research by the Stanford International Clinic on Human Rights and Conflict Negotiation in Pakistan, Professor James Cavallaro and Stanford law school student Omar Shakir, explained that drones are not only responsible for deaths of civilians but also constitute a constant disturbance to social life and mental health of ordinary people, including their relations with children and the elderly. Drones impact other rights as well - such as the right to education - as children are prevented from attending schools for fear of drone strikes. Rajaie S. Batniji, resident physician in internal medicine at Stanford and a CDDRL affiliate, explained the clinical diagnosis of traumatic disorders that result from constant surveillance and insecurity. He cited the work of Jonathan Mann in defining dignity and the devastating effects on physical, mental, and social well-being when these senses are violated. Batniji explained that populations in Gaza are prevented from living life with dignity and respect because they live under constant threat to their security and intrusion into their homes and communications.

Vivek Srinivasan, manager of the Program on Liberation Technology at CDDRL, presented his experience on the Right to Food Campaign in India. He believes that this campaign has led to the mobilization for rights and the provision of services. “Not all demands are confrontational. Communities begin demanding something that is perceived as small in scope but have ramifications that extend to other rights such as the right to education, the right to housing and the right to work.” According to Srinivasan, the Right to Food Campaign in India has had a tremendous impact in putting hunger on the policy agenda. Suchi Pande, an activist-researcher who worked on the Right to Information Campaign in India for over seven years and was the secretary for the National Campaign for People’s Right to Information from 2006 to 2008, supported Srinivasan’s argument of strong correlation in achievements and right-based mobilization. However, Pande pointed out that despite successes in the Right to Food Campaign, other economic and social rights including the right to health in India continues to be a non-issue for politicians and the government. She is optimistic and believes that rural public hearings, the role of the right to information and its supporting mechanisms will facilitate access to public health in rural India.

In panel four, Sarah MacCarthy showed results that suggest that counseling and testing services for HIV-positive pregnant women remain limited, insufficient or lacking in quality in Salvador, Brazil. “While Brazil’s HIV/AIDS program has been internationally acclaimed, national practice still fails to meet national and global guidelines,” she explained. Calling attention to the regional discrepancies in the HIV/AIDS policy and program implementation in Brazil, Nadejda Marques, manager of the Program on Human Rights at CDDRL,, expressed concerns about the implementation of an HIV/AIDS program in a context of limited resources. “In Angola, counseling and voluntary testing units for HIV/AIDS don’t have drinking water or sanitary conditions to receive patients. They lack basic equipment for testing and data collection, there is a generalized shortage of doctors, and health care providers have no specific training on HIV/AIDS.” Despite this alarming situation, Marques explained that advocating for the rights of persons living with HIV/AIDS in Angola has put in evidence the failure of a heath system unable to provide even the most basic services to its population and has enabled mobilization in a context where human rights are routinely violated.

Ami Laws, adjunct associate professor of medicine at Stanford, described how a physician can provide services in collaboration with the judicial system to advance human rights. Laws is an expert witness on cases of torture survivors that require asylum status in the U.S. and has worked mainly with victims of torture in the Punjab region in India. Everaldo Lamprea, a JSD candidate at Stanford Law School and an assistant professor at Los Andes Law School in Bogotá, Colombia, spoke about his recent comparative study on health litigation in low and middle-income countries. The escalation of right-to-health litigation in these countries can have unexpected and harmful consequences to healthcare reforms and the enforceability of the right to health. In part, this is because significant financial resources are allocated to the litigation processes and not to the health system. In addition, while litigation can highlight gaps that exist in the health system that need regulation, countries have been very slow to adapt and adjust to these signals.

Next Steps:

A number of key ideas, questions and insights emerged from the conference including:

. How to identify an effective intervention that will also mobilize communities to advocate for its implementation?

. How to provide services to the more vulnerable populations without alienating a contingent that has access to basic health care services?

. What instruments can be used to share best practices among national healthcare systems?

. How do global priorities adapt to contexts of limited financial resources and human capital?

. How can punctual achievements in rights that guarantee access to health be expanded for the achievement of other social, economic and cultural rights?

The Program on Human Rights at CDDRL will continue to pursue a research agenda examining health and human rights following the conference and announced that it will be the thematic focus of the Sanela Diana Jenkins Speakers Series in 2014. The PHR is also actively seeking support for research projects that include a right to health component at the core of its academic investigation for the 2012-2013 academic year.

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Prof. Edward I–Hsin Chen, who earned his Ph.D. from Department of Political Science at Columbia University in 1986, is currently teaching in the Graduate Institute of Americas (GIA) at Tamkang University. He was a Legislator from 1996 to1999, an Assemblyman in 2005, and the director of the institute from 2001 to 2005. He specializes in IR theories, IPE theories, and decision-making theories of U.S. policy toward China and Taiwan. His recent English articles include “U.S. Role in Future Taipei-Beijing Relations” in King-yuh Chang, ed., Political Economic Security in Asia-Pacific (Taipei: Foundation on International & Cross-Strait Studies, 2004); “A Retrospective and Prospective Overview of U.S.-PRC-ROC Relations,” in Views & Policies: Taiwan Forum, Vol. 2, No. 2, December 2005 (A Journal of Cross-Strait Interflow Prospect Foundation in Taipei); “The Decision-Making Process of the Clinton Administration in the Taiwan Strait Crisis of 1995-96,” in King-yuh Chang, ed., The 1996 Strait Crisis Decisions, Lessons & Prospects (Taipei: Foundation on International & Cross-Strait Studies, 2006); “From Balance to Imbalance: The U.S. Cross-Strait Policy in the First Term of the Bush Administration,” in Quansheng Zhao and Tai Wan-chin, ed., Globalization and East Asia (Taipei: Taiwan Elite, 2007); “The Role of the United States in Cross-Strait Negotiations: A Taiwanese Perspective,” in Jacob Bercovitch, Kwei-bo Huang and Chung-chian Teng, eds., Conflict Management, Security and Intervention in East Asia. (New York: Routledge, 2008), pp. 193-216; and “The Security Dilemma in U.S.-Taiwan Informal Alliance Politics, Issues & Studies, Vol. 48, No. 1, March 2012, 1-50.

 

Prof. Yann-huei Song is currently a research fellow at the Institute of European and American Studies, and joint research fellow at the Centre for Asia-Pacific Area Studies, Academia Sinica, Taipei, Taiwan, the Republic of China. 

Professor Song received his Ph.D. in International Relations from Kent State University, Ohio, and L.L.M. as well as J.S.D. from the School of Law (Boalt Hall), University of California, Berkeley, the United States. 

He has broad academic interests covering ocean law and policy studies, international fisheries law, international environmental law, maritime security, and the South China Sea issues. He has been actively participating in the Informal Workshop on Managing Potential Conflicts in the South China Sea (the SCS Workshop) that is organized by the government of the Republic of Indonesia. 

Professor Song is the convener of Academia Sinica’s South China Sea Interdisciplinary Study Group and the convener of the Sino-American Research Programme at the Institute of European American Studies. He is a member of the editorial boards of Ocean Development and International Law and Chinese (Taiwan) Yearbook of International Law and Affairs. He has frequently been asked to provide advisory opinions by a number of government agencies in Taiwan on the policy issues related to the East and South China Seas.

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Edward I-Hsin Chen Professor, Graduate Institute of Americas (GIA) Speaker Tamkang University
Yann-huei Song Research Fellow, Institute of European amd American Studies Speaker Taipei, Taiwan
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Abstract:

This talk will unveil the story of Taiwan’s economic transformation between 1949 and 1960, as Chiang Kai-shek and his Nationalist leaders turned away from a command economy to build a market economy more productive than any in Chinese history.

The talk gives special attention to how a small group ofpolitical and economic leaders began to formulate and later implement a bold new economic vision for Taiwan. In the process, they embraced institutional and organizational innovations that led to a dismantling of Taiwan's earlier centralized command economy and the growth of a new market system.

Much information in this research was obtained from historical papers that were recently made available at the Hoover Institution of Stanford University: the diaries of Chiang Kai-shek, Kuomintang party archives, and personal papers of Kuomintang leaders. It also makes use of first-hand oral interviews with former Nationalist officials and economists.

 

Speaker Bio:

Tai-chun Kuo is Research Fellow at the Hoover Institution, Stanford University. She was a Visiting Lecturer at the Center for East Asian Studies, Stanford University (2003) and Associate Professor at the Graduate Institute of American Studies, Tamkang University (Taiwan, 1997-2000). Prior to these positions, she served as Press Secretary to the President of the Republic of China (1990-1995), Deputy Director-General of the First Bureau of the Presidential Office (1989-1997), and Director of the ROC Government Information Office in Boston (1987-1988).

Outside of her own research, since 2003 she has assisted the Hoover Institution Archives in developing its Modern China Archives and Special Collections, including Kuomintang (Nationalist) party archives, diaries of Chiang Kai-shek and Chiang Ching-kuo, personal papers of T. V. Soong, H. H. K’ung, and other leading Chinese individuals.

Her major publications include Taiwan's Economic Transformation: Leadership, Property Rights, and Institutional Change; T. V. Soong in Modern Chinese History, China’s Quest for Unification, National Security, and Modernization; Breaking with the Past: China’s First Market Economy; Watching Communist China, 1949-79: A Methodological Review of China Studies in the United States of America and Taiwan; and The Power and Personality of Mao Tse-tung, among others.

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Tai-chun Kuo Research Fellow Speaker the Hoover Institution, Stanford University
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Using Legal Frameworks to Foster Social Change: A Panel Discussion with the Fall 2012 Social Entrepreneurs in Residence at Stanford

November 14, 2012 12:45pm - 2:00pm

Room 280A

The Levin Center for Public Service and Public Interest Law and the Center on the Legal Profession invite you to a panel discussion with the three Fall 2012 Social Entrepreneurs in Residence at Stanford (SEERS), fellows who are visiting Stanford as part of the Program on Social Entrepreneurship at the Center on Democracy, Development, and the Rule of Law (CDDRL).

Mazibuko Jara, chair of South Africa's National Coalition for Lesbian and Gay Equality (NGCLE), as well as the founder and first chairperson of the Treatment Action Campaign (TAC), which combines social mobilization and targeted litigation to protect the rights those living with HIV; Emily Arnold-Fernandez, founder of Asylum Access, an international organization dedicated to securing refugees' rights by integrating individualized legal assistance, community legal empowerment, policy advocacy, and strategic litigation; and Zainah Anwar, one of the founding members of Sisters in Islam (SIS), an NGO that works on women's rights in Islam based in Malaysia, will discuss their career paths and their experiences in using legal frameworks to effect social change.

Link for RSVP: http://www.stanford.edu/dept/law/forms/SEER.fb

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Mazibuko Jara Entrepreneurs in Residence at Stanford Panelist
Emily Arnold-Fernandez Entrepreneurs in Residence at Stanford Panelist
Zainah Anwar Entrepreneurs in Residence at Stanford Panelist
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