Stanford University

International Law

Noura Erakat analyzes the political and legal contexts of the 2014 Gaza war [VIDEO]

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As part of the Arab Reform and Democracy Program's speaker series, George Mason University scholar Noura Erakat examined the political and legal contexts for the 2014 Gaza war. In July and August of 2014, hostilities in the Gaza Strip left 2,131 Palestinians and 71 Israelis dead, including 501 Palestinian children and one Israeli child. Of Gaza’s 1.8 million residents, 475,000 are living in temporary shelters or with other families because their homes have been severely damaged. The extent of destruction has raised questions around culpability for war crimes on all sides of the conflict.

 

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War on Gaza in the Age of Human Rights: Prospects for Accountability

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Abstract:

In July and August, hostilities in the Gaza Strip left 2,131 Palestinians and 71 Israelis dead, including 501 Palestinian children and one Israeli child. Of Gaza’s 1.8 million residents, 475,000 are living in temporary shelters or with other families because their homes have been severely damaged. The extent of destruction has raised questions around culpability for war crimes on all sides of the conflict. International organizations including the United Nations Human Rights Council, Amnesty International and Human Rights Watch have called for independent investigation. At the end of 2014, Palestine deposited a 12(3) application to the ICC for ad-hoc jurisdiction as well as acceded to the Rome Statute, thus granting the International Criminal Court the authority to investigate war crimes conducted in Palestinian territory. Such an investigation would bring both Israel and Palestine under scrutiny for events from this summer and as far back as 2012, and possibly to 2002 when the ICC was first formed to investigate war crimes. This is the third large scale military offensive against the besieged coastal enclave since Israel’s unilateral disengagement in 2005. Given the shortcomings of the ceasefire on August 26, 2014, another attack is seemingly inevitable. How is such civilian carnage possible notwithstanding the humanitarian and human rights legal regimes established to reduce civilian suffering? And what are the prospects for accountability under international criminal law and beyond? This lecture will explore these questions and specifically the prospects for accountability at the ICC. 


Speaker Bio:

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Noura Erakat is a human rights attorney, activist, and an Assistant Professor at George Mason University. Her scholarship investigates the laws of war, human rights, refugee law, and national security. She is a Co-Editor of Jadaliyya, an electronic magazine that leverages scholarly expertise and local knowledge on the Middle East. She has taught International Human Rights Law and the Middle East at Georgetown University since Spring 2009 and before beginning at George Mason University, she was a Freedman Teaching Fellow at Temple University, Beasley School of Law. She has served as Legal Counsel for a Congressional Subcommittee in the House of Representatives, chaired by Congressman Dennis J. Kucinich. She helped to initiate and organize several national formations including Arab Women Arising for Justice (AMWAJ) and the U.S. Palestinian Community Network (USPCN). While an undergraduate student at UC Berkeley, Noura helped launch the first university divestment campaign at UC Berkeley in 2001 and upon graduating from Berkeley Law School, she helped seed BDS campaigns throughout the country uas the National Organizer with the US Campaign to End the Israeli Occupation. There, she also helped initiate federal lawsuits in the U.S. against Israeli officials in for war crimes and crimes against humanity. She has lived and worked throughout the Middle East including as part of a legal fact-finding delegation to the Gaza Strip in the aftermath of Israel’s Winter 2008/09 onslaught and spent the Spring 2010 academic semester in Beirut, Lebanon as a Visiting Scholar at the American University in Beirut.  Noura has appeared on PBS News Hour, BBC World Service, NPR’s “To The Point,” MSNBC's "Up With Chris Hayes," Fox’s “The O’ Reilly Factor,” NBC’s “Politically Incorrect,” Democracy Now, and Al-Jazeera Arabic and English. Her non-scholarly publications have appeared in the New York Times, USA Today, the Los Angeles Review of Books, The Nation, Huffington Post, and Foreign Policy among others.  Most recently, she co-published an anthology entitled Aborted State? The UN Initiative and New Palestinian Junctures. 

 

This event is co-sponsored by the Sohaib and Sara Abbasi Program in Islamic Studies.

 

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Okimoto Conference Room
3rd Floor East Wing
Encina Hall
616 Serra Street
Stanford, California 94305

Noura Erakat Assistant Professor George Mason University
Seminars
Arab Reform and Democracy Speaker Series

The Politics of Polarization: Taiwan in Comparative Perspective

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Over the past year and more, Taiwan’s political elite has been deadlocked over the question of deepening economic relations with the People’s Republic of China. This controversial issue has led to a standoff between the executive and legislative branches, sparked a frenzy of social activism and a student occupation of the legislature, and contributed to President Ma Ying-jeou’s deep unpopularity.

On October 17-18, the Taiwan Democracy Project at CDDRL, with the generous support of the Taipei Economic and Culture Office, will host its annual conference at Stanford University to examine the politics of polarization in Taiwan.

This conference will bring together specialists from Taiwan, the U.S., and elsewhere in Asia to examine the sources and implications of this political polarization in comparative perspective. It will include a special case study of the Trade in Services Agreement with China that triggered this past year’s protests, as well as a more general overview of the politics of trade liberalization in Taiwan, prospects for Taiwan’s integration into the Trans-Pacific Partnership and other regional trade agreements, and a consideration of the implications for Taiwan’s long-term democratic future.

Conference speakers will include: Chung-shu Wu, the president of the Chung-hwa Institute of Economic Research (CIER) in Taipei; Steve Chan of the University of Colorado; Roselyn Hsueh of Temple University; Yun-han Chu, the president of the Chiang Ching-kuo Foundation; and Thitinan Pongsudhirak of Chulalongkorn University in Bangkok.

Panels will examine the following questions:

1. What are the sources and implications of political polarization in Taiwan, and how have these changed in recent years?

2. How does Taiwan’s recent experience compare to political polarization in other countries in Asia (e.g. South Korea, Thailand) and elsewhere (the US)?

3. To what extent does the latest political deadlock in Taiwan reflect concern over the specific issue of trade with the People’s Republic of China, versus a deeper, systemic set of problems with Taiwan’s democracy?

4. How are globalization and trade liberalization reshaping Taiwan’s domestic political economy, and what are the prospects for forging a stronger pro-trade coalition in Taiwan that transcends the current partisan divide?

The conference will take place October 17-18 in the Bechtel Conference Room in Encina Hall at Stanford University. It is free and open to the public. 

 

Conference Resources

 

Agenda

Speaker Bios

Presentations

Conference Report

Conference Flyer

 

Conference Papers

 

How Cross-Strait Trade and Investment Is Affecting Income and Wealth Inequality in Taiwan by Chien-Fu Lin, National Taiwan University

 

Generational Differences in Attitudes towards Cross-Straits Trade by Ping-Yin Kuan, Department of Sociology & International Program in Asia-Pacific Studies, National Chengchi University

 

Change and the Unchanged of Polarized Politics in Taiwan by Min-Hua Huang, National Taiwan University; Center for East Asia Policy Studies, The Brookings Institution

 

Social Media, Social Movements and the Challenge of Democratic Governability by Boyu Chen, National Sun Yat-sen University, Institute of Political Science 

 

Coping with the Challenge of Democratic Governance under Ma Ying-jeou by Yun-han Chu, National Taiwan University

 

Taiwan’s Bid for TPP Membership and the Potential Impact on Taiwan-U.S. Relations by Kwei-Bo Huang, National Chengchi University, Department of Diplomacy

 

In the Wake of the Sunflower Movement: Exploring the Political Consequences of Cross-Strait Integration by Pei-shan Lee, National Chung Cheng University, Political Science Department 

 

The Roots of Thailand’s Political Polarization in Comparative Perspective by Thitinan Pongsudhirak, Chulalongkorn University; The Institute of Security and International Studies

 

The Role of the United States in Cross-Strait Economic Integration by Chen-Dong Tso, National Taiwan University

 

The China Factor and the Generational Shift over National Identity by Mark Weatherall, Taiwan Foundation for Democracy

 

Taiwan’s Strategy for Regional Economic Integration by Chung-Shu Wu, Chung-Hua Institution for Economic Research

 

Polarized Electorates in South Korea and Taiwan: The Role of Political Trust under Conservative Governments by Hyunji Lee, Institute of Asian Research, University of British Columbia

 

Polarization in Taiwan Politics by Steve Chan, University of Colorado, Boulder

 

Agenda
Conference Biographies
Taiwan Polarization Conference Flyer
Politics of Polarization in Taiwan: Conference Report
Conferences

Why Government Fails So Often, and How It Can Do Better

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Abstract:

Professor Schuck's new book first identifies the endemic  ineffectiveness of much federal domestic policy as a major cause of public disaffection with Washington.  This disaffection has grown along with the size and ambition of federal programs and  now threatens the very legitimacy of our polity.  Synthesizing a vast amount of social science evidence and analysis,  he argues that this widespread policy failure has little to do with which party dominates Congress and the White house but instead reflects the systemic, structural, institutional obstacles to effective policy.  These deep obstacles to coherent policymaking include our political culture, political actors' perverse incentives, voters' collective irrationality, policymakers' poor information, the government's inherent inflexibility and lack of credibility, the effect of dynamic markets on policy coherence, the inherent limits of law as a policy instrument, a deviant implementation process, and a deteriorating bureaucracy.  Those policies that have succeeded help to explain why most policies fail. Professor Schuck proposes a variety of remedies to reduce government's failure rate.

Speaker Bio:

Peter H. Schuck is the Simeon E. Baldwin Professor of Law Emeritus at Yale University in New Haven, Connecticut.  He has held the Baldwin professorship since 1984, and also served as Deputy Dean of the Law School. Prior to joining the Yale faculty in 1979, he was Principal Deputy Assistant Secretary for Planning and Evaluation in the U.S. Department of Health, Education, and Welfare (1977-79), Director of the Washington Office of Consumers Union (1972-77), and consultant to the Center for Study of Responsive Law (1971-72).  He also practiced law in New York City (1965-68) and holds degrees from Cornell (B.A. 1962), Harvard Law School (J.D. 1965), N.Y.U. Law School (Ll.M. in International Law 1966), and Harvard University (M.A. in Government 1969). 

His major fields of teaching and research are tort law; immigration, citizenship, and refugee law; groups, diversity, and law; and administrative law. He has published hundreds of articles on these and a broad range of other public policy topics in a wide variety of scholarly and popular journals.  His newest book is Why Government Fails So Often, and How It Can Do Better (April 2014).  Earlier books include Understanding America: The Anatomy of An Exceptional Nation (2008) (co-editor with James Q. Wilson; Targeting in Social Programs: Avoiding Bad Bets, Removing Bad Apples (2006)(with Richard J. Zeckhauser); Meditations of a Militant Moderate: Cool Views on Hot Topics (2006); Immigration Stories (co-editor with David A. Martin, 2005); Foundations of Administrative Law (editor, 2d ed., 2004)  Diversity in America: Keeping Government at a Safe Distance (Harvard/Belknap, 2003); The Limits of Law: Essays on Democratic Governance (2000); Citizens, Strangers, and In-Betweens: Essays on Immigration and Citizenship (1998); and Paths to Inclusion: The Integration of Migrants in the United States and Germany (co-editor with Rainer Munz, 1998); Tort Law and the Public Interest: Competition, Innovation, and Consumer Welfare (editor, 1991); Agent Orange on Trial: Mass Toxic Disasters in the Courts (1987); Citizenship Without Consent: Illegal Aliens in the American Policy (with Rogers M. Smith, 1985); Suing Government: Citizen Remedies for Official Wrongs (1983); and The Judiciary Committees (1974). He is a contributing editor of The American Lawyer.

Encina Ground Floor Conference Room

Peter Schuck Simeon E. Baldwin Professor of Law Emeritus Speaker Yale University
Seminars

Sanela Diana Jenkins Human Rights Speaker Series: Tobacco Control and Human Rights

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Abstract
Preventing tobacco addiction is one of the leading ways to prevent fatal disease, yet many nations have declined to take steps against it. In recent years an international legal effort has begun to fill this void. In this lecture Professor Koh, formerly Legal Adviser of the U.S. State Department, will review the various dimensions of the legal campaign that is now underway.

Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. He returned to Yale Law School in January 2013 after serving for nearly four years as the 22nd Legal Adviser of the U.S. Department of State.

Professor Koh is one of the country’s leading experts in public and private international law, national security law, and human rights. He first began teaching at Yale Law School in 1985 and served as its fifteenth Dean from 2004 until 2009. From 2009 to 2013, he took leave as the Martin R. Flug ’55 Professor of International Law to join the State Department as Legal Adviser, service for which he received the Secretary of State's Distinguished Service Award. From 1993 to 2009, he was the Gerard C. & Bernice Latrobe Smith Professor of International Law at Yale Law School, and from 1998 to 2001, he served as U.S. Assistant Secretary of State for Democracy, Human Rights and Labor.

Building 200 (History Corner)
Room 205
Stanford University

Harold Hongju Koh Sterling Professor of International Law Speaker Yale Law School
Seminars
Sanela Diana Jenkins Human Rights Speaker Series

Emily Arnold-Fernández

Asylum Access
1611 Telegraph Avenue
Suite #1111
Oakland, CA 94612

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PSE Visiting Practitioner in Residence, 2013-14
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Emily Arnold-Fernández was a social entrepreneur in residence during the fall 2012 quarter with CDDRL's Program on Social Entrepreneurship. She will be spending the 2013/14 academic year as a practitioner-in-residence with the Program on Social Entrepreneurship.

She is the founder and executive director of Asylum Access, is a social entrepreneur and human rights pioneer. Recognizing that refugees throughout Africa, Asia and Latin America – some of whom flee with nothing more than the clothes on their backs – were almost always unequipped to go into a legal proceeding in a foreign country, alone, and explain why they should not be deported, Emily founded Asylum Access to advocate on behalf of refugees seeking to assert their rights.

“For half a century, international law has given refugees the rights to live safely,
seek employment, send children to school and rebuild their lives. But those rights are
meaningless unless they are respected on the ground,” she says. “Asylum Access
provides a rare opportunity to fill a gaping hole in our human rights system – by making
refugee rights a reality for real people.”

For her innovative approach to the global refugee crisis, Emily was honored by the
Dalai Lama as one of 50 “Unsung Heroes of Compassion” from around the world (2009)
and Waldzell Institute’s Architects of the Future Award (2012). She has also been
recognized as Pomona College’s Inspirational Young Alumna (2006), awarded the
prestigious Echoing Green fellowship (2007), and recognized as the New Leaders
Council’s 40 Under 40 (2010), among others. Emily’s ground-breaking work with
Asylum Access has earned her international speaking invitations and widespread media
attention, including the Rotary International Peace Symposium (2008, 2009), the UN
High Commissioner for Refugees’ Annual Consultations (2008, 2009), a cover feature in
the Christian Science Monitor (September 2009), and the San Francisco Examiner’s
Credo column (July 2011). She holds a B.A. cum laude from Pomona College and a J.D.
from Georgetown University Law Center.

Committed to sharing her knowledge with young and aspiring social
entrepreneurs, Emily serves as an adjunct professor at the University of San Francisco,
teaching a course in social entrepreneurship. In Fall 2012, Emily was selected as one of
three Social Entrepreneurs in Residence at Stanford where she participated as “expert
respondent” in Stanford Law School’s Law, Social Entrepreneurship and Social Change
course, and in Spring 2013, Emily led an intensive skills-building course on social
entrepreneurship at Pomona College.

A visionary human rights activist, Emily Arnold-Fernández takes her inspiration
from a line in a June Jordan poem: “We are the ones we have been waiting for.”

Contrasts Across the Strait: International Human Rights Norms in Taiwan and China

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Abstract:

In less than three decades, Taiwan has transformed from a repressive, authoritarian state into a vibrant democracy. Changes to the legal system, and particularly the criminal justice system, have played a central role in this story. Reform-minded politicians, lawyers, judges, prosecutors, and scholars have been crucial advocates for strengthening human rights protections, as has Taiwan’s Constitutional Court. Since the end of martial law, the Court has vigorously given heft to rights enshrined in the Republic of China’s constitution. Now that Taiwan has adopted the contents of the International Covenant on Civil and Political Rights as domestic law, it is an opportune moment to reflect on Taiwan’s journey towards embracing international human rights norms and to confront remaining challenges. The situation across the strait is markedly different. Today, Taiwan’s Constitutional Court has no counterpart on the Mainland and analogues to Taiwan’s former police-controlled punishments remain in full effect. As calls for reform on the Mainland become increasingly vocal, how might Taiwan’s experience inform efforts to increase human rights protections in the People’s Republic of China? 

Speaker Bio:

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Maggie Lewis joined Seton Hall Law School as an Associate Professor in 2009. She is a Term Member of the Council on Foreign Relations, a Public Intellectuals Program Fellow with the National Committee on U.S.-China Relations, and an Affiliated Scholar of NYU School of Law’s U.S.-Asia Law Institute. Her recent publications have appeared in the Columbia Journal of Transnational Law, NYU Journal of International Law and Politics, Columbia Journal of Asian Law, and Virginia Journal of International Law. She is also the co-author of the book Challenge to China: How Taiwan Abolished Its Version of Re-Education Through Labor with Jerome A. Cohen. 

Most recently before joining Seton Hall, Professor Lewis served as a Senior Research Fellow at NYU School of Law’s U.S.-Asia Law Institute where she worked on criminal justice reforms in China. Following graduation from law school, she worked as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton in New York City. She then served as a law clerk for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit in San Diego. After clerking, she returned to NYU School of Law and was awarded a Furman Fellowship.

Professor Lewis received her J.D., magna cum laude, from NYU School of Law, where she was inducted into the Order of the Coif and was a member of Law Review. She received her B.A., summa cum laude, from Columbia University. In addition, she has studied at the Hopkins-Nanjing Center for Chinese and American Studies in Nanjing, China, and Bucerius Law School in Hamburg, Germany. 

Philippines Conference Room

Margaret Lewis Associate Professor Speaker Seton Hall Law School
Seminars

Evaluating the impact and future of the International Criminal Court

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On March 18, Congolese militia leader Bosco Ntaganda surrendered himself unexpectedly to the U.S. Embassy in Kigali, Rwanda asking for transfer to the International Criminal Court (ICC) at The Hague, where he was wanted for allegedly committing crimes against humanity. The apprehension of ICC indictees was one of the main challenges raised during the Program on Human Right's (PHR) Sanela Diana Jenkins Human Rights Speaker Series last quarter. Ntaganda’s voluntary surrender provoked reflection on the lessons learned from the seminar’s evaluation of the ICC’s impact on international justice as it marked its first decade and exploration of its mandate moving forward.

Featuring lectures from international experts, academics, and activists, the seminar addressed many of the current challenges and future hopes of the ICC, including competing notions of justice and peace, budgetary constraints, and victims’ rights.

The series was led by PHR Director Helen Stacy and UCLA Law Professor Richard Steinberg, also a visiting scholar at Stanford's department of political science. They both kicked off the series by presenting the history and structure of the ICC and concluded with a discussion on its impact, commenting on how the ICC has helped shape the narrative on mass atrocities.

“Reflecting Diana Jenkins' personal commitment to restoring dignity, prosperity, justice and hope to those who most need it, the human rights speaker series aims to engage students on the most pressing human rights issues of our time,” said Stacy. “The International Criminal Court's 10th anniversary invites careful thought about its role so far, and its future. Our speakers brought an extensive range of opinions on the Court, but everyone agreed that the very existence of the Court has advanced the dialogue on international justice.”

A wide array of positions were offered by the speakers, representing the nonprofit, academic and policymaking arenas. Citing some of the limitations facing the ICC, Human Rights Watch’s Director of International Justice Program Richard Dicker made a compelling case for the Court, highlighting the role of civil society in promoting the adoption of the Rome Statute - the treaty that established the ICC - by its 122 current signatories.

William Pace, convener of the Coalition for the International Criminal Court described the Rome Statute as “among the greatest advancements ever in international human rights law.”

Stanford political science Professor James Fearon questioned whether the Court can be effective in deterring mass atrocities while relying on states parties to turn over suspects without a police force of its own. He argued that the Court may in fact limit the liability of human rights abusers because it gives them a choice of whether (or not) to turn themselves over to the ICC for trial. This could potentially contribute to prolonged civil conflict if governments’ hands are tied in offering backdoor deals in exchange for an end to the conflict.

Many speakers proposed modifications to the current ICC structure and suggested the following measures to enhance the work of the Court:

  • Cherif Bassiouni, who led the drafting committee to launch the ICC, emphasized the need for the Court to appoint well-trained judges;
  • David Scheffer, former U.S. Ambassador at Large for War Crimes Issues, highlighted the tremendous diplomatic challenge of not having instruments of arrest or enforcement under ICC control and limited to pressuring states parties to follow through on their obligation to detain indictees of the Court;
  • Carla Ferstman, director of REDRESS, a human rights organization that helps torture survivors obtain justice and reparations, focused on the challenges presented by the ICC's distance from the home countries of those on trial and how victims might have a more significant role in the justice process.

Recognizing the ICC’s inevitable growing pains, Shamila Batohi, a senior legal advisor to the Office of the Prosecutor, offered a hopeful conclusion to the series, reminding students of the Court’s commitment to protecting the rights of the more than 2.3 billion people represented by the statute’s 122 states parties and ending impunity for war crimes, genocide and crimes against humanity.

“Over the course of these nine weeks, students, faculty, and our guest speakers collaborated to develop a range of policies that could potentially improve the ICC system,” said Richard Steinberg. “Though the colloquium took place here on the Stanford campus, the broader collaboration engaged 19,000 users in a fruitful discussion via an online forum.”

Following each lecture, Dr. Diane Steinberg led a dinner discussion for interested students to distill the speaker’s main points into a thought-provoking question to be debated by a global audience on the Human Rights & International Criminal Law Online Forum. Stanford students joined forum participants from around the world to discuss vital questions, such as: “How should the relationship between the International Criminal Court and the United Nations Security Council be changed, if at all, to advance international justice?” and “Assuming that the ICC chooses to retain victim participation in its processes, how can victims’ representation at the ICC be improved and victims’ rights be protected?”

The seminar left students with these provocative questions – and many more – to ponder while tracking the Ntaganda case and the future trial of Uhuru Kenyatta, Kenya’s newly elected president wanted by the ICC for crimes against humanity following the 2007 presidential elections.

Stay tuned for more information on the 2014 Sanela Diana Jenkins Speakers Series, which will focus on the right to health and healthcare delivery.

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