Access Restricted to Northwestern Law CommunityCIHR JD Courses
The faculty members of the Center for International Human Rights (CIHR) offer a wide range of lecture courses, seminars, and clinical courses in international human rights law and international criminal law during the academic year of 2009-2010. The Center is led by its Director, Professor David Scheffer, a former US Ambassador at Large for War Crimes Issues in the Clinton Administration who teaches several lecture courses and a seminar. Other leading faculty members in this field are Professors Sandra Babcock, who directs and teaches clinical projects and courses, Bridget Arimond, who teaches clinical courses, and Stephen Sawyer, who teaches several seminars.
Relevant courses are listed below. For more information on the program courses, view the Current Course Listings.
Fall 2009 and Spring 2010
Clinic Practice: Human Rights Advocacy at Home and Abroad (3-4 credits) (Instructor: Sandra Babcock)
In this clinical course, students will work on projects that will expose them to diverse forms of human rights advocacy before domestic courts, international tribunals, foreign courts, and the United Nations. The clinic is litigation-oriented, although clinic students will also be exposed to legislative advocacy and may have the opportunity to engage in fact-finding and research regarding human rights violations abroad. A current sampling of projects includes: (1) representation of Mexican nationals on death row in Texas who are facing imminent execution in violation of the Avena Judgment of the International Court of Justice, a case that mandated judicial hearings in the cases of 52 Mexican nationals on death row whose consular rights have been violated; (2) collaboration with lawyers in Malawi and other African countries to reduce prison overcrowding and protect the rights of pre-trial detainees (in the past, a number of clinic students have traveled to Malawi to work directly with prisoners there); (3) representation of Mohamed al Qahtani, a prisoner at Guantanamo who was tortured by U.S. interrogators, in federal habeas proceedings; (4) working with lawyers around the world to promote the implementation of international norms regarding the application of the death penalty; and (5) drafting a report on U.S. compliance with human rights norms for submission to the U.N. Human Rights Council. While they will be expected to contribute to ongoing clinic projects, students are also encouraged to speak to Professor Babcock regarding potential projects that correspond with their individual interests or areas of expertise.
Clinic Practice: Center for International Human Rights (3-4 credits) (Instructor: Bridget Arimond)
Students will have the opportunity to work on cases or projects applying the norms of international human rights law, international criminal law, and/or international humanitarian law. While projects for 2009-2010 have not yet been finalized, past projects are illustrative. Last year’s projects included: (1) At the request of an NGO that works on HIV/AIDS and access to health care issues in Rwanda, students prepared a memorandum on the ways in which the detention of hospital patients unable to pay their bills violates Rwandan domestic law and international human rights law. Two clinic students and the professor will travel to Rwanda in August 2009 in connection with this project. (2) At the request of an NGO that works on gender-based violence issues (including honor killings) in Iraq, students researched potential avenues of relief through the international refugee system and various international human rights mechanisms, and prepared both a memoranda setting out the various options and a “how to” guide explaining how an NGO can utilize the most promising of these options. (3) Students assisted in trial preparations in a federal court case against Shell Oil alleging corporate complicity in an array of human rights atrocities in Nigeria. (4) Initial work was begun exploring the potential use of international mechanisms to challenge felony disenfranchisement laws. Projects from earlier years have included, among others, (1) preparation of memoranda for the Office of the Prosecutor of various international criminal tribunals, including the International Criminal Court, the International Criminal Tribunal for Rwanda (ICTR), and the Extraordinary Chambers in the Courts of Cambodia (ECCC); (2) litigation of an Alien Tort Claims Act/Torture Victim Protection Act case against a multinational corporation arising out of the bombing of a civilian village in Colombia; and (3) preparation of amicus briefs in Alien Tort Claims Act and Torture Victim Protection Act cases.
Recommended prerequisite or co-requisite: Students applying for this placement are strongly encouraged to have some prior or concurrent exposure to international law concepts through one of the following: completion of or concurrent enrollment in a substantive course in international law (international law, international human rights law, international criminal law, etc.); prior CIHR clinic enrollment or work experience; participation in the Jessup Moot Court program or an international law journal; or comparable prior or concurrent international law experience. Although this course is listed as meeting on Fridays at noon, an alternative time for weekly class meetings may be established at the convenience of the instructor and class members. However, Friday at noon will be the fallback time if a mutually agreeable alternative cannot be found.
Fall 2009
International Human Rights Law (3 credits) (Instructor: David Scheffer)
This is an introductory survey course about the growing field of international human rights law. The course examines the sources, history, and theoretical underpinnings of human rights law and then covers the modern protection of civil, political, economic, and social rights. The critical role of international and regional human rights organizations and courts is studied as well as corporate human rights responsibility and how non-governmental organizations influence the development of the law.
Nation Building: International Human Rights Law in Transitional Societies (3 credits) (Instructor: Stephen Sawyer)
This seminar course will explore the nation building elements that must be in place in a state emerging from a period of state oppression or armed conflict in order for that state to become a society where human rights are respected. In the course we will examine the concepts of international human rights, democracy, rule of law, constitutionalism, self-determination, civil society, gender justice and minority rights, and the role these factors play, individually and in combination, in creating and maintaining an emergent society that respects international human rights. We will consider the role of a number of devices designed to aid broken societies transition to rights respecting ones, including truth and reconciliation commissions, judicial intervention, and collective action under Chapter VII of the U.N. Charter.
A New World Order: the Role of the United Nations in Advancing a Rule of Law and Individual Human Rights (2-3 credits) (Instructor: Stephen Sawyer)
The seminar’s focus is the law of the United Nations, with particular emphasis on the legal pronouncements, actions and judgments in the international human rights realm of the U.N.’s various councils, commissions, committees and other bodies. The seminar is designed for students who already have had a general exposure (in the academic arena or otherwise) to public international law and who wish to develop an in-depth understanding of the legal process at the United Nations bearing on international human rights and the rule of law. The course will explore these concepts in a number of contexts, including peacekeeping/peace building, economic development, environmental protection, advancing standards of health and conditions of work, and promoting cultural understanding among peoples. A primary tool during the seminar is the study of specific cases—both country-based and thematic—involving the denial of human rights within nations and the efforts of U.N. treaty bodies and operational agencies, including the newly created Human Rights Council, to provide redress. Throughout the seminar, students look behind the facade of the U.N. organization and seek to determine the degree to which the organization is effective as a cohesive whole or, as some critics charge, merely a “sprawling array of fiefdoms” that is more interested in promoting internal or personal agendas than the mandates of the U.N. Charter and treaties.
Spring 2010
International Criminal Law (3 credits) (Instructor: David Scheffer)
This course provides an introduction to international criminal law as it pertains to the international and hybrid criminal tribunals, including the International Criminal Court, the International Tribunals for the Former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Kosovo and Timor-Leste courts, and the Special Tribunal for Lebanon. Students study the sources and evolving definitions of the atrocity crimes of genocide, crimes against humanity, war crimes, aggression, and large-scale terrorism, as well as the creation, jurisprudence, and rules of procedure of the tribunals. Special attention is paid to the debate over the crime of torture and recent U.S. litigation pertaining to the law of war and the law of anti-terrorism.
Comparative Human Rights Law: Differing Perspectives in Europe, the Americas, and the United States (3 credits) (Instructor: Stephen Sawyer)
This seminar considers the developing case law of two international regional courts—the European Court of Human Rights and the Inter American Court of Human Rights—and the U.S. Supreme Court, with a particular emphasis on matters of topical interest, such as the critical elements of a democratic society; non-discrimination; due process standards for those charged with crime; the duty of government to protect individual rights; freedom of expression and association; the role of religion in society; and the right of privacy, including the right of gays and lesbians to participate fully in society. The seminar compares and contrasts the regional international law in these areas with the law in the United States and in certain other select jurisdictions. The seminar also offers an introduction to an understanding of various European and hemispheric institutions, including the European Court of Justice and the Organization of American States, and how the regional courts fit into those contexts.
The Law of War/International Humanitarian Law (3 credits) (Instructor: Stephen Sawyer)
This seminar examines the international legal parameters relating to the conduct of war/armed conflict, a topic that is also known under the heading of international humanitarian law. Students consider the application of legal regulation in the context of armed conflict from three perspectives: the lawfulness of a resort to armed force in the first instance, the lawfulness of belligerents’ conduct during armed conflict once it has commenced, and the post conflict consequences of forms of criminal misconduct during the conflict. More specifically, the seminar examines the regulation of various means and methods of warfare (including the choice and use of weapons); the status and treatment of civilians, civilian objects and POWs; the regulation of non-international armed conflicts; the application of the law of war to non-state actors (such as terrorist organizations and corporations); various enforcement mechanisms and the effectiveness thereof; and the legal ramifications of belligerent occupation and issues related to the protection of cultural artifacts and the environment during wartime. The seminar explores the application in armed conflicts of several international instruments and the military manuals of selected countries. Throughout the seminar there is a focus on relating the international legal principles to real life situations in places such as Iraq, Afghanistan, Palestine, the former Yugoslavia, Darfur, Rwanda, other parts of Africa, Colombia, and elsewhere in the world.
Corporate Human Rights Responsibility (2-3 credits) (Instructor: David Scheffer)
This seminar examines human rights issues related to global operations of multinational corporations. Students study relevant international legal standards, including applicable corporate law principles, the international legal personality of corporations, the scope of corporate responsibilities/duties to respect, protect, and promote human rights in the corporate “spheres of influence;” complicity, agency, and joint venture liability; civil and criminal remedies litigation before domestic courts; extraterritorial and universal jurisdiction; soft rules and corporate self-regulation with reference to the U.N. Global Compact and corporate codes of conduct; the legal objectives of companies and the conflict between shareholder and stakeholder interests; and non-market management strategies integrating human rights issues with contract law, monitoring, risk assessments, and stakeholder-sensitive corporate governance structures. The seminar also focuses on human rights litigation against multinational corporations, such as the Royal Dutch/Shell, Chevron, and Unocal cases under the Alien Tort Statute and Torture Victim Protection Act, as well as legal developments in selected European jurisdictions. Maximum number of 15 students. 25-page paper requirement, and there is a two-draft requirement for three credits.
Additional Human Rights or Criminal Law-Related Courses within the Law School
In addition to the above-listed courses offered by the faculty of the CIHR, every year a number of additional courses related to international human rights or international criminal law are offered as part of the general Law School course offerings. While the offerings change from year to year, the following courses, from Fall 2009 and Spring 2010, are representative of the kinds of courses offered:
Fall Semester 2009
- Principles of Justice (2-3 credits) (Instructor: Anthony Damato)
An examination of law and process for using American force abroad, intelligence gathering, the war on terrorism, torture, the Iraq War, the USA Patriot Act,
detention without process, extraordinary rendition, counterterrorism, the Department of Homeland Security, border and transportation security, military commissions, intelligence reform legislation, and related civil liberties concerns.
- Terrorism and the Legal Process (2-3 credits) (Instructor: Ron Allen)
The seminar will examine the relationship between the "war on terrorism" and the American legal process. We will examine a series of current cases and problems, such as the Supreme Court's rulings in the Padilla, Hamdi, and Guantanamo Bay cases, the USA Patriot Act, the operation of the Foreign Intelligence Surveillance Court and FISA. We will also look at some of the historical background to the present controversies from both the Civil War and WWII. The grade is based 50% on classroom performance, and 50% on a paper or project. Possible projects are unlimited in scope, so long as they bear upon the subject matter of the seminar and entail an effort commensurate with a seminar paper. Research paper. Class attendance and participation mandatory. Students may write multiple draft papers.
- Refugees and Asylum (2-3 credits) (Instructor: Joyce Ann Hughes)
The seminar concentrates on the U.S. statutory definition of refugee which forms the basis for asylum. This definition includes the definition from the 1951 United Nations Convention relating to the status of refugees and the 1967 United Nations Protocol to which over 140 countries are signatories. Consideration will be given to exclusions from and alternatives to asylum. While the basic definitions apply globally, most cases read are from the U.S. Evaluation: Presence, participation, oral presentation; research paper. Teaching Method: Several methods will be used to explore the concepts of refugees and asylum: (1) lecture; (2) discussion and role-
play of hypothetical cases of aliens seeking refugee status and asylum; (3) presentation and discussion of students' paper topics and (4) submission of a paper. Text: Coursepack compiled by Professor Hughes. Prerequisites: None. Papers: Multiple draft papers are permitted
Spring Semester 2010
- International Environmental Law (2-3 credits) (Instructor: Michael R. Barsa)
This seminar examines the question of how global resources like rare species, marine environments, and clean air can be protected within an international legal framework where state actors reign supreme. Sources of international environmental law and associated enforcement mechanisms will be discussed with reference to various environmental problems including climate change, ozone depletion, transboundary air pollution, loss of biodiversity, and over fishing. The relationship between trade, development, and environmental protection will receive particular attention throughout the seminar, as will issues arising from the evolving role of non-state actors. Students will be evaluated based on a research paper and class participation.
- Pirates to Pinochet (And Back): Universal Jurisdiction (2-3 credits) (Instructor: Eugene Kontorovich)
Universal Jurisdiction is one of the most controversial and visible modern developments in international law. The doctrine allows any country to punish certain crimes, even if it has no connection with the offense. Universal jurisdiction jumped from law reviews to headlines 10 years ago, with the indictment of former Chilean President. Pinochet. Today, the same doctrine may be used in the campaign against Somali pirates. In between, numerous nations and international courts have brought cases against everyone from Rwandan nuns to United States defense secretaries. Universal jurisdiction encapsulates much of the promise and peril of international law: the possibility of deterring human rights violations, and the peril that will become simply another tool of international politics. The seminar examines universal jurisdiction, largely from a positive and empirical perspective. While normative arguments will be considered at the end of the semester, the seminar develops an understanding of historical development and efficacy, paying particular attention to whether and how nations actually use it. A particular emphasis will be placed on non-Western systems whose practices are often ignored and conventional discussions. At the same time, the subject raises many profound issues, such as the nature and sources of customary international law, the purposes of punishment, the trade-off between justice and other social values, cosmopolitanism versus particularism, and, of course, realism versus idealism in international relations. Students will write one short research paper on the status of universal jurisdiction in some foreign nations and one short paper on topics touching on the increasing use of universal jurisdiction by the United States. Readings will consist of a mix of cases, some book chapters and law review articles, and news accounts. Grading: Grading will be based 1/3 on class participation and 2/3 on two short research papers which will be written during the course of the semester and presented to the class, one in the middle of the semester and one at the end. For interested students, there will be the possibility of writing a more substantial paper to fulfill a writing requirement in for three credits.
- Selected Issues in Israeli and Palestinian Law (3 credits) (Instructors: Jack S. Tenenbaum and Bernardine Dohrn)
The course will address specific issues in Israeli and Palestinian law and human rights as it impacts their conflict and their societies. While much has been written about the Israeli-Palestinian conflict and its political, social, military and economic issues, less has been examined about the legal issues involved. This course will look at various legal issues related to the conflict and to each society. It will also include an independent research component culminating in a paper, either written individually or jointly. As part of the research component, the class will travel to Israel and Palestine during spring break to conduct research. During the course of the class, experts in various aspects of Israeli and Palestinian law will speak to the class. This course will be conducted in a seminar fashion.
- Women, Children and Human Rights (2-3 credits) (Instructor: Bernardine Dohrn)
Law involving the civil, criminal, or constitutional rights of children is a recent development, as is the global discourse and international law of human rights treaties and standards. The jurisprudence, consequences, and administration of human rights law for children, while largely undeveloped, are rapidly emerging in treaty law, case law, customary law, legislation, and legal hearings (U.N. Commission on Human Rights, European Court of Human Rights, the Inter-American Court of Human Rights, the International Criminal Tribunal for the Former Yugoslavia and Rwanda, and the International Criminal Court) around the world. This seminar will examine the framework of children and human rights, including matters of evidence, jurisdiction, and the domestic implementation and applicability of major treaty law. The class will investigate the changing constructions of childhood with its contending frameworks of property, protection, rights, and participation. The class will examine the impact of both essentialism and religious law and traditional customs (such as Shari'a, Islamic Law) on international human rights. Students will examine, in some depth, five substantive areas of human rights law in both the U.S. and abroad: juvenile justice and the deprivation of liberty; sentencing and the death penalty for children; separated children (orphans, street children ,and refugees/asylum-seekers); children in armed conflicts; and child labor. Course expectations: Students will examine the conditions of children incarcerated, executed, institutionalized, separated or laboring in the U.S. in light of international human rights standards and will prepare group presentations of conditions observed first hand (including class trips), as well as submit an individual 10-15 page paper analyzing a specific aspect of human rights for children. Students are expected to read widely, to identify newsworthy and topical events, to participate in class discussions and group projects, and to select, read, and discuss two works of literature from the optional reading list. The background textbook is: The International Law on the Rights of the Child by Geraldine Van Bueren. Weekly reading assignments, including basic treaties, conventions, protocols, cases, and articles, will be provided in advance. Active class discussion matters.
