On April 13, Kenneth Roth, Executive Director of Human Rights Watch discussed Obama's human rights record to an audience of over 125 students and faculty, marking Roth's first speaking engagement at Stanford University. This event was hosted by the Program on Human Rights at the Center on Democracy, Development, and the Rule of Law, and was the final installment of the Sanela Diana Jenkins International Human Rights Speaker Series.

David Abernethy, Professor Emeritus of Political Science at Stanford University, introduced Roth and provided a detailed overview of his professional background and the stunning growth and impact Human Rights Watch has witnessed since Roth took the helm in 1993. Under Roth's leadership and strategic direction, Human Rights Watch tripled in size, expanding its reach to over 90 countries worldwide. 

"Human rights Watch does a remarkable job in combining carefully documented facts with advocacy for a better world, including naming and shaming egregious violators of universally accepted norms," said Abernethy, in emphasizing the courageous work Human Rights Watch pioneers on a global scale.

Abernethy noted that Human Rights Watch is a "is a north, south, east, west NGO, directed towards all points on the compass and operating from all those points, as a truly globalized institution."

At the outset of his comments, Roth framed President Obama's human rights record as a desire to abandon the principles of the George W. Bush administration and embrace an approach that is in stark contrast to the Bush years of unilateral diplomacy.

Obama has evolved -- it has been a journey from being not George Bush to being himself.
- Kenneth Roth

Since assuming office in 2009, Roth noted, "Obama has evolved -- it has been a journey from being not George Bush to being himself."

Roth highlighted the differences between both presidents, emphasizing the fact that, "most significantly in terms of contrast, Obama was going to lead by example," Roth said. "He was going to have a domestic policy that he and we could be proud of and that would persuade others just by virtue of what the US did itself."

In reflecting on the evolution of Obama's approach to human rights since assuming office, Roth saw Obama moving from rhetoric to practice. Roth cited a number of examples where the Obama administration delivered substantially on their commitment to defend these principles and others where they had fallen short.

In terms of multilateral promotion of human rights, Roth discussed how the Obama administration supported the efforts of the United Nation's Human Rights Council by successfully lobbying for the U.S. to become a member and helping to revive the Council into a more effective body in holding governments accountable. 

According to Roth, "the Council has introduced tough resolutions on Libya, the Ivory Coast, Iran, and revived this tool and the ability of a group of a government's peers to condemn it."

Roth also mentioned how the Obama administration has been a key player in supporting the International Criminal Court (ICC) by voting in favor of referring Libya to the ICC, arresting the leader of the Lord's Resistance Army in the Congo, and exerting pressure on Sudan to surrender President Bashir.

These actions, Roth maintained, "strengthened a key international institution designed to stop the impunity that lies behind so many of the world's worst atrocities."

While, Roth thought Obama had certainly struck a much more modest tone on the world stage than Bush, he did stress that Obama had retained the option of humanitarian intervention and is not afraid to use military force when necessary, highlighting the recent examples of Libya and Cote d'Ivoire.

Roth believed that Obama's biggest shift was towards China's human rights record. In 2009, Obama was hesitant to exert pressure on the Chinese concerning their human rights practice, which proved to be an ineffective strategy in advancing US interests. Since the January 2011 China summit in Washington, Obama dramatically reasserted himself, calling on China to expand human rights protections and realized "human rights is not a dangerous topic."

In surveying the Obama administration's policy in the Middle East and North Africa, Roth judged it as "inconsistent" toward the recent pro-democracy movements where strategic concerns have sometimes outweighed more ideological ones.

In Egypt, Roth believed the administration took too long to take an active stand against Mubarak in support of the protesters, but eventually came around to prove they were "better late than never."

Similarly in Yemen, Roth described the administration as hesitant to initially oppose President Saleh because it jeopardized their relationship with an important counter-terrorism ally.

In Bahrain, Roth explained that the administration refuses to take an active stance and continues to discuss the possibility of reconciliation in light of the flagrant human rights abuses committed at the hands of the Bahraini regime. Roth claimed that Obama is acting in the best interest of the US's Saudi partners who are "terrified" at the prospect of a Shiite revolution in Bahrain. 

Roth characterized the administration's position towards Israel as a "predictable disappointment," in that the US vetoed a UN Security Council resolution classifying the settlements as a violation of international law and rejected the Goldstone report, refusing to recognize the positive aspects of this comprehensive investigation of the war in Gaza.

On domestic policies, Roth commended Obama's immediate effort to end the Bush policy of torture and shutter the CIA secret detention facilities, but was disappointed that Obama refused to prosecute the Bush torturers and investigate where the torture took place. 

Roth described the issue of long-term detention without trial as a work in progress, believing that Obama's hesitation to release a core group of 48 prisoners in Guantanamo stemmed from his concerns about potential future acts of terrorism. 

In closing, Roth was optimistic about Obama's evolution over the past two years, noting the great strides he has taken to actively implement his values in US human rights policy. However, he was cautious in highlighting the tensions that exist between US interests and human rights, claiming that Obama still has a ways to go in striking a better balance between the two.

This event was a rare opportunity for the CDDRL community to hear from a leading investigator and critic of human rights abuses, committed to reducing human suffering on a global scale.

Armed only with law textbooks, six Stanford law students and faculty advisor and senior research scholar Erik Jensen landed in Kabul, Afghanistan on Feb. 6 on a mission that would last six days.

The group made up Stanford's Afghanistan Legal Education Project (ALEP), a student-led law school project funded by the U.S. State Department that creates textbooks on Afghanistan's legal system specifically for the instruction of Afghani students.

Stanford students in the Afghanistan Legal Education Project (ALEP) meet with Supreme Court Chief Justice Abdul Salam Azimi during their six-day visit to Kabul. (Courtesy of Daniel Lewis)

Working with the American University of Afghanistan (AUAF), the project is creating a new generation of lawyers to shape Afghanistan's future.

Since it was founded in 2007 by Stanford law alums Alexander Benard J.D. '08 and Eli Sugarman J.D. '09, the project has published four textbooks. These include an introductory text to the laws of Afghanistan and textbooks on commercial, criminal and international law. Students are currently writing a textbook on constitutional law.

"The whole project is indigenously oriented," Jensen said. "The textbooks are written in response to needs and demands of Afghan students, and we try to contextualize our work as much as we can to the politics, economics and social order in Afghanistan."

The purpose of the recent trip to Kabul was to explore the future and progress of the project. Students attended classes that are currently taught using ALEP textbooks, got feedback from Afghani students and professors and interacted with administrators at the AUAF to see where the project is headed.

"Sitting in on the classes and meeting with the students was for us a priority, because that's the best way we can get feedback on our books and make the project better," said Daniel Lewis LAW '12 and ALEP co-executive director.

After meeting with the president of AUAF, the group agreed that the ultimate goal for the project is to build a complete law school curriculum.

"The time frame is uncertain, but we're expanding really quickly," Lewis said.

In addition to rolling out the new textbook, ALEP plans to introduce new classes in the fall on Islamic law and the informal justice system in Afghanistan, taught by a collaborating Afghan professor and an affiliated postdoctoral fellow. Workshops on practical skills such as negotiation and writing are also on the horizon, as well as translations of the books into Dari and Pashto.

The group met other notable Afghan and American officials, including the dean at the Kabul University School of Law, university professors from the most populated provinces and Ambassador Hans Klemm, coordinating director of rule of law and law enforcement at the Embassy of the United States in Kabul.

"All the high officials we met with were extraordinarily supportive of the project," Jensen said.

"We'd gone over there expecting it wouldn't really be easy getting our books out there [past AUAF], or that there would be some hostility," Lewis said. "But that really wasn't the case. The feedback was that they were excited to have another resource that was new and updated."

Other universities are not the only other audiences attracted to the project's textbooks, which are available publicly, and for free, online.

"Over the past year or so, people have been downloading them [the books] and using them, some of which we know about and some of which we don't," said Rose Ehler LAW ‘12, another ALEP co-executive director.

The U.S. military has also used the textbooks to familiarize officers with Afghani law. According to Jensen, retired Gen. Stanley McChrystal was "very familiar" with the textbooks.

The Afghan Ministry of Justice, leading judges and legal academics have also expressed interest in the project, according to Lewis.

"It was fascinating to be [in Kabul] as Stanford law students talking to these really important people in Afghanistan...in a knowledgeable way," Lewis said.

But strengthening the AUAF law school and spreading legal education are only the beginning of ALEP's goals.

"The development of the rule of law is historical process. It takes time; there are fits and starts," Jenson said.

"The problem is when you are at Afghanistan's level of development, it will go through years and years of fits and starts...and as society goes through these episodes, it will need a new cadre of leaders to lead to positive episodes," he added.

ALEP seeks to contribute to the formation of these future leaders, not only in the legal profession but also in the country as a whole. By using analytical methods to teach students critical thinking, they hope to bridge the gap between American style legal education and the Afghan reality.

"They [the Afghan students] will see opportunities that we can't see from Stanford, but they can see on the ground in Afghanistan," Jensen said, describing the project as one that is about imagining alternatives so as to prevent oppression.

The law students' person-to-person contact with the Afghani students made it clear that this project extends far beyond what can be seen on paper.

"The passion that we all saw in the students in Afghanistan just increased our passion for the project at Stanford...the heart and soul of the Stanford group is derived from the heart and soul of the Afghan students."

"Everybody on the trip came away saying, ‘Wow, we're actually doing something that's useful here,'" Lewis said.

The trip left the group optimistic about the project's future.

"Student demand is high; we've been successful at retaining some of the best faculty, and we hope that that the [AUAF] law school becomes a center of educational excellence," Jensen said.

Despite the fact that ALEP is no longer the "sole source" of Afghan law textbooks, Jensen is confident about the books' prospects.

"I look forward to the marketplace of competition...I think our books will show themselves to be the best."

On January 25, Professor Beth Simmons of Harvard University spoke as part of the Sanela Diana Jenkins Series on international human rights. Simmons, the Director of the Weatherhead Center for International Affairs, presented research from her award-winning book Mobilizing for Human Rights: International Law in Domestic Politics (2009).

During her lecture, Simmons explored the reasons why certain countries chose to ratify binding international treaties and others did not. Looking specifically at six "core" treaties, Simmons discussed the various domestic factors and international pressures that would explain the often-unexpected behavior of the nations toward these treaties. Strikingly, Simmons found that one of the best predictors of a country's position on a treaty was the ratification or non-ratification by its neighboring nations. This discovery, she said, suggested that nations could influence non-signatory neighbor countries to sign such treaties.

Simmons then turned to the analysis of why, and to what extent, these treaties matter - a question she is often asked by her students. While insisting that international treaties alone do not "solve all the problems," Simmons emphasized their role in framing human rights issues not only on the international level, but also in domestic politics. According to Simmons, these treaties support the domestic efforts of individuals and organizations across the globe that can now "point to [these] core focal group of documents as evidence [of their rights]."

On January 18, Professor Karen Alter of Northwestern University presented her research on international legal institutions and their role in the global struggle for human rights at the third installment of the Sanela Diana Jenkins Speaker Series. Alter, a professor of Political Science and Law, focused her lecture on the evolution of the transnational and human rights judicial orders.

To address the first subject, Alter offered a historical analysis of international courts since the establishment of the paradigmatic European Court of Justice in 1952. Alter argued that progressive lawyers and judges in Western Europe created a European legal revolution that then spread internationally and spurred the proliferation of international legal courts. She also suggested that contemporary international courts have benefitted from the "roadmap" provided by both the ECJ and the European Court of Human Rights (ECHR) while adjusting this European model to develop their own, more locally nuanced jurisprudence.

Alter also highlighted the importance of international courts focused on human rights issues. While she admitted that certain courts, like the African Court of Human and Peoples Rights (ACHPR), have failed to satisfactorily address issues of human rights in their jurisdictions, she maintained that these courts can still serve as a powerful check for governments that violate the human rights of their people and the domestic judicial systems that legitimize these abuses. She argued that these courts can act as "tipping point political actors" who give hope to human rights activists and legal scholars. She concluded on an optimistic note, saying "[These] activists can change the world.