Draught and extreme poverty in (Sub-Saharan) Africa

By Otto Spijkers

Some States are in such desperate condition that it constitutes an immediate emergency. The United Nations has tried in various ways to encoureage the international community to assist these States. Such calls are important, now that many developed States are thinking of limiting their official development assistance to the absolute minimum.

               One of the earlier declarations specifically devoted to the development of a specific region or group of countries, adopted by the General Assembly itself, was the Declaration on the Critical Economic Situation in Africa, of 1984. [1] In that Declaration, the Assembly expressed its ‘deep concern at the profound economic and social crisis that Africa is experiencing,’ and noted that ‘the situation ha[d] assumed alarming proportions, seriously jeopardizing not only the development process but, more ominously, the very survival of millions of people.’[2] This Declaration did emphasize the ‘primary responsibility [of the African countries themselves] for their development and for addressing the present crisis.’[3] At the same time, the Assembly acknowledged that ‘the international economic environment continue[d] to affect developing countries adversely and, particularly, it had a devastating impact on the already fragile African economies.’[4] The remainder of the declaration primarily dealt with the urgent need for international (financial) assistance to Africa, both in the form of ‘emergency relief aid on a massive scale,’ i.e. aid to meet the immediate needs of Africa and essentially save lives, and more structural assistance such as official development assistance.[5]

                In 1986, the General Assembly organized a special session on Africa. There, the United Nations Programme of Action for African Economic Recovery and Development was adopted.[6] In that Programme, the Assembly first attempted to find an explanation for Africa’s ‘pervasive and structural economic problems.’[7] This is interesting, because the Assembly had not made such a serious and comprehensive attempt at defining the problem before. The Assembly referred to Africa’s ‘colonial past,’ without going into detail, but also to the ‘post-independence era.’[8] It praised African initiatives at reform, aimed at ‘breaking the vicious cycle of poverty and underdevelopment’ in which Africa was trapped.[9] As reasons why Africa found itself trapped in this way, the Assembly listed a number of ‘exogenous,’ i.e. external, and ‘endogenous,’ i.e. internal, factors. The latter included deficiencies in institutional and physical infrastructures; economic strategies and policies that had fallen short, in some cases, of achieving their objectives; disparities in urban and rural development and income distribution; inadequate human resource development; and political instability manifested, inter alia, in a large and growing population of refugees.[10] The exogenous factors included the international economic recession; the decline in commodity prices; adverse terms of trade; the decline in financial flows; increased protectionism and high interest rates; and the heavy burden of debt and debt servicing obligations. [11]

                The Programme included many obligations for the African nations themselves, and reaffirmed the African nations’ ‘primary responsibility for the development of their continent.’ [12] The obligations of the international community as a whole were essentially those of assistance, especially financial assistance. [13] In that sense, the critical need for assistance had not dramatically changed the allocation of responsibilities.

                In 1991, the results of the Programme of Action were assessed.[14] The Assembly noted that the Programme ‘did not quite become a focal point for economic policy or for resource mobilization on behalf of Africa.’[15] It thus suggested a new strategy for the future, the United Nations New Agenda for the Development of Africa in the 1990’s.[16] In this New Agenda, the Assembly once more emphasized that ‘Africa’s development [was] primarily the responsibility of Africans,’ and that ‘the international community accept[ed] the principle of shared responsibility and full partnership with Africa and therefore commit[ted]  itself to giving full and tangible support to the African efforts.’[17] Pursuant to this approach, the New Agenda thus contained a section on Africa’s own responsibilities and commitments, and a section on the responsibilities and commitments – primarily obligations to assist Africa - of the international community as a whole.[18] The New Agenda does not appear to be so drastically different from the Programme of Action adopted earlier.

                The Millennium Declaration also urged States to pay special attention to Africa.[19] Through that Declaration, States resolved, inter alia, ‘to take special measures to address the challenges of poverty eradication and sustainable development in Africa, including debt cancellation, improved market access, enhanced Official Development Assistance and increased flows of Foreign Direct Investment, as well as transfers of technology.’[20] The Declaration also referred to the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, which had been adopted in 1994.[21]

In 2002, the General Assembly adopted the United Nations Declaration on the New Partnership for Africa's Development.[22] This was essentially a reaffirmation of the Millennium Development Goals and certain other commitments made in more general declarations, to the extent that they were applicable to Africa.

                And in 2008, the General Assembly adopted the Political Declaration on Africa's Development Needs.[23] The Declaration aimed to reaffirm a ‘belief in a prosperous future for Africa in which core human values of dignity and peace are fully enshrined.’[24] In that Declaration, the Assembly ‘stress[ed] that eradicating poverty, particularly in Africa, [was] the greatest global challenge facing the world today,’[25] and that ‘Africa face[d] a number of serious challenges, including poverty, hunger, climate change, land degradation and desertification, rapid urbanization, lack of adequate water supplies and energy supply and HIV/AIDS, malaria, tuberculosis and other endemic diseases.’[26] To meet all these formidable challenges, the Members of the General Assembly committed themselves to ‘assisting African countries in their struggle for lasting peace, economic growth, poverty eradication and sustainable development.’[27] One of the essentials for achieving all these goals was, in view of the Assembly, ‘good governance at all levels’ in Africa.[28] To assist Africa in this field, the States of the Assembly recommitted themselves to ‘actively protecting and promoting all human rights, the rule of law and democracy.’ [29] The Assembly also called upon developed States to honor previous commitments relating to official development assistance to Africa, and stressed the importance of attracting foreign direct investment.[30] Once again, the recommended measures and the urgency of the situation did not correspond.

          Of course, the relevance of all these declarations can be disputed, since few of them contain binding commitments, and most of the pledges made in those declarations have only partially been honored, or not at all. In a time when European States and the USA are dealing with their own problems, it is imperative that the UN General Assembly keeps reminding States of the situation elsewhere in the world.



[1]              Declaration on the Critical Economic Situation in Africa, annexed to General Assembly reolution 39/29, adopted 3 December 1984.

[2]              Idem, para. 1.

[3]              Idem, para. 6.

[4]              Idem, para. 5.

[5]              See idem, para. 9 and (especially) paras. 17-19.

[6]              United Nations Programme of Action for African Economic Recovery and Development 1986-1990, annexed to General Assembly resolution S-13/2, adopted 1 June 1986, published in Resolutions and Decisions adopted by the General Assembly during its Thirteenth Special Session 27 May – 1 June 1986, UNDoc. A/S-13/16.

[7]              Idem, para. 2.

[8]              Idem.

[9]              Idem.

[10]           Idem, para. 3.

[11]           Idem.

[12]           Idem, paras. 9-13 and para. 14.

[13]           Idem, paras. 14-20.

[14]           Assessment of the Implementation of the United Nations Programme of Action for African Economic Recovery and Development, 1986-1990, part I of the annex to General Assembly resolution 46/151, adopted 18 December 1991. 

[15]           Idem, para. 1. In paras. 17-44, the document looks in considerable detail at how Africa and the rest of the world acted on the commitments made in the Programme of Action.

[16]           United Nations New Agenda for the Development of Africa in the 1990’s, part II of the annex to General Assembly resolution 46/151, adopted 18 December 1991. 

[17]           Idem, para. 1.

[18]           See idem, paras. 10-21 and paras. 22-41.

[19]             Secretary-General Annan already pointed at the special needs of Africa in his very influential report entitled The causes of conflict and the promotion of durable peace and sustainable development in Africa, Report of the Secretary-General, distributed 13 April 1998, UNDoc A/52/871.

[20]           Millennium Declaration, para. 28.

[21]           United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, published in United Nations, Treaty Series, vol. 1954, p. 3 and further.

[22]           United Nations Declaration on the New Partnership for Africa's Development, General Assembly resolution 57/2, adopted 16 September 2002.

[23]           Political Declaration on Africa's Development Needs, annexed to General Assembly resolution 63/1, adopted 22 September 2008.

[24]           Idem, para. 38.

[25]           Idem, para. 5.

[26]           Idem, para. 23.

[27]           Idem, para. 7.

[28]           Idem, para. 8.

[29]           Idem.

[30]           Idem, paras. 9-15.

Goettingen Journal of International Law Essay Competition

The Goettingen Journal of International Law (GoJIL), founded in 2007, is currently seeking submissions for its 5th International Law Essay Competition. GoJIL is an e-journal of legal scholarship focusing on International Law. It is the first student-run German International Law journal published exclusively in English. The journal is available online and free of charge. If you win, your article will be published online and accessible.

To participate in the GoJIL International Student Essay Competition 2012, follow the following guidelines:

  • Topic: “The Interplay of International and National Law”

  • Max. 3000 words

  • Microsoft Word format

  • Footnotes, rather than endnotes

  • The deadline is 15 August 2012.

  • For further details see the GoJIL website: www.gojil.eu

Postdoctoral Fellowships at The University of Queensland, Brisbane, Australia

The School of Social Science is inviting applications for postdoctoral fellowships, commencing early calendar year 2013, under The University of Queensland Postdoctoral Fellowships Scheme.

The School welcomes applicants with disciplinary backgrounds in Sociology or Criminology. Researchers with experience and expertise in family, health, environment, crime and social justice, food, urban neighbourhoods, housing, development, life course and longitudinal research are very welcome. For initial enquiries please contact Professor Janeen Baxter (j.baxter@uq.edu.au), with an indication of your area of interest and a CV.

The School would be very interested in receiving applications those interested in the broad fields of neighbourhood effects, policing or disorder. 

More information about the School is available from http://www.socialscience.uq.edu.au/

Read more »

CFP: Panels on Intervention in Africa and R2P for ISA

I am hoping to put together two panels on R2P and Conflict and Intervention in Africa, for next year's ISA convention in San Francisco (3-6 April 2013 - http://www.isanet.org/annual_convention/) and am looking for a couple of additional papers for each panel. If you are interested in being part of the panel proposals, please e-mail me ASAP (and no later than 21 May) with a title, abstract and affiliation.

Read more »

Shared Responsibility in International Law (SHARES) Visiting Fellowship

The Research Project on Shared Responsibility in International Law (SHARES) invites expressions of interest for a SHARES Visiting Fellowship. Applications can be made by doctoral researchers, who are at least in the second year of their studies, post-doctoral researchers and senior researchers.SHARES Visiting Fellows will be offered the following facilities:
  •  work space at the ACIL with a computer
  • a University of Amsterdam email account
  •  access to the University of Amsterdam Law School Library
Applications are accepted on a continuing basis and should include the following documentation:
  • research proposal of max 1,000 words describing research questions, expected results, and the projected contribution to the SHARES Project
  • curriculum vitae, including list of publications
  • envisaged period and names of two referees
  • statement of funding, in case a request for a stipend is made
The documentation should be sent to shares-fdr@uva.nl. For more information, please see our website (link) and/or contact Martine van Trigt at shares-fdr@uva.nl.

PEACEKEEPING IN THE ASIA-PACIFIC: GENDER EQUALITY, LAW AND COLLECTIVE SECURITY Symposium Summary

In April 2012, Melbourne Law School hosted a symposium on issues of peacekeeping and gender, with specific reference to the Asia-Pacific region. The symposium was convened by Dr Gina Heathcote (SOAS) and Professor Dianne Otto (MLS). It was an inspired gathering of people who champion women’s rights.

Read more »

Lord Kelvin Adam Smith Fellow in Social Sciences, College of Social Sciences,University of Glasgow

The College of Social Sciences invites applicants to the Lord Kelvin Adam Smith Fellowship scheme. The College supports excellent world leading research across a broad range of expertise through five Schools covering the disciplines of Business, Education, Interdisciplinary Studies, Law and Social and Political Sciences. We also welcome interdisciplinary applications, particularly in line with our Adam Smith Research Foundation see http://www.gla.ac.uk/researchinstitutes/adamsmith/ for more information. As part of its investment in future research leaders the College seeks to reinforce excellence across these disciplines by appointing highly qualified post-doctoral researchers to Lord Kelvin Adam Smith Fellowships. Successful candidates will join a vibrant research culture in the College with well established international links, world-leading researchers and an excellent research infrastructure.

The Fellowships will be for 3 years in the first instance and appointment will be made at Research Fellow Grade 7 or 8 depending on qualifications, skills and experience. There are three deadlines for applications: in May and September 2012 and February 2013. Successful candidates will be required to commence employment and assume the duties of their post by no later than 7 months from date an offer is made.

As part of the application process, candidates are required to provide a short research proposal of no more than 2 pages of A4 to include details of any University Academic Staff they have discussed the proposal with.

For more detailed information on the research undertaken in the College, please consult the School Research pages: http://www.gla.ac.uk/colleges/socialsciences/research/

Candidates are encouraged to make early contact with the College Research Administration Manager, Mrs Louise Virdee at Louise.Virdee@glasgow.ac.uk to identify appropriate contacts in developing their applications.

Lectureship in Criminology Sociology & Social Policy

Location: Highfield Campus, Southampton University

Salary: £34,895 to £44,166

Full Time Permanent

Closing Date: Friday 11 May 2012
Interview Date: To be confirmed

We wish to appoint a Lecturer in Criminology to strengthen our research and teaching in the areas of Criminology and Psychological Studies. We welcome applications from any area of Criminology and Criminal Justice Studies, but are especially interested in candidates with expertise in the following areas: Penology, Criminal Profiling, the Criminal Justice Process; Psychological Criminology; and Victimology. The successful candidate will contribute to the development and delivery of teaching programmes in Criminology and in Criminology and Psychological Studies.

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"Jus - Post - Bellum": Mapping the normative foundations (May 31– June 1, 2012, The Peace Palace, The Hague, Netherlands)

The project is proud to host its launch conference, "‘Jus - Post - Bellum’: Mapping the normative foundations", May 31 – June 1, 2012. It will be held at the Peace Palace. The first of several project seminars, this conference will seek to clarify the meaning and content of the concept (including, e.g., its relationship to and distinction from the field of transitional justice), including contemporary understandings and criticisms of the concept, and historical and modern approaches towards the definitions of key notions, such as "jus", "post" and "bellum".

The launch conference will include five panels:

  • Situating the Concept,
  • Mapping the Normative Framework(s),
  • the Politics and Practice of Jus Post Bellum,
  • Temporal Dimensions of Jus Post Bellum,
  • and The ‘Jus’ in ‘Jus Post Bellum.’

There will also be a roundtable discussion on ‘At War’s End,’ by Larry May.

Conference speakers and participants include Freya Baetens, Rogier Bartels, Christine Bell, Eric de Brabandere, Robert Cryer, Jennifer Easterday, Mark Evans, Dieter Fleck, Gregory Fox, James Gallen, Terry Gill, Jens Iverson, Dov Jacobs, Jann Kleffner, Claus Kress, Randall Lesaffer, Larry May, Larry May, Jens Meierhenrich, Nneka Okechukwu, Inger Osterdahl, Cymie Payne, Yael Ronen, Aurel Sari, Matthew Saul, Carsten Stahn, Astri Suhrke, Ruti Teitel, Roxana Vatanparast, Martin Wahlisch, and Dominik Zaum.

Please fill out the linked form to apply to attend the Jus Post Bellum Project launch conference.

For more information, please see the draft programme and the call for papers.

About Otto Spijkers

Otto Spijkers is Assistant Professor of Public International Law at Utrecht University. Previously, he was a PhD candidate and lecturer at the Grotius Centre for International Legal Studies at the University of Leiden. His doctoral dissertation, entitled The United Nations, the Evolution of Global Values and International Law, was published with Intersentia in 2011. He also worked as public services coordinator at the Peace Palace Library, as international consultant for the United Nations International Law Fellowship Programme, as intern for the Appeals Chamber of the International Criminal Tribunal for Rwanda, and as intern for the Office of Legal Affairs of United Nations Headquarters.
 
Otto Spijkers studied the basics of international relations at the University of Sussex. He then studied international law at the University of Amsterdam, New York University School of Law (exchange student), and the Hague Academy of International Law (2009 session). He also studied philosophy at the University of Amsterdam and the University of Malta (exchange).
 
BOOKS
 
  • The United Nations, the Evolution of Global Values and International Law (doctoral dissertation), Intersentia, 2011.
 
ARTICLES
 
  • ‘Legal Accountability of the Netherlands and the United Nations for Srebrenica,’ Military Law and the Law of War Review /Revue de Droit Militaire et de Droit de la Guerre, vol. 50 (2011).
  • 'What’s running the world: global values, international law, and the United Nations,’ Interdisciplinary Journal of Human Rights Law, vol. 4, no. 1, 2009-2010.
  • ‘De notie van wereldrecht vóór, tijdens, en na de oprichting van de Verenigde Naties,’ Nederlands Juristenblad, special issue on ‘65 Jaar Wereldrecht,’ 2010.
  • ‘The immunity of the United Nations in relation to the genocide in Srebrenica in the eyes of a Dutch District Court’, Journal of International Peacekeeping, vol. 13 (2009), no. 1-2.
  • ‘Legal mechanisms to establish accountability for the genocide in Srebrenica’, Human Rights & International Legal Discourse, vol. 1 (2007), no. 2.
  • ‘Two Futures of Cosmopolitanism,’ Political Ethics and International Order: Annual Report 43. Societas Ethica,2006.
 
BOOK REVIEWS
 
  • 'Book review of Mazower’s No Enchanted Palace,' Leiden Journal of International Law, vol. 24 (2011), no. 1.
  • 'Book review of Bowring's The Degradation of the International Legal Order?,' Netherlands Quarterly of Human Rights, volume 28 (2010), no. 1.
 
To read some of Otto's working papers etc., please go to: http://ssrn.com/author=682994.

Venice School of Human Rights

Venice School of Human Rights

The 3rd edition of
Venice School of Human Rights will take place from 28 June till 7 July 2012.

The goal of the Venice School is to allow its participants to be updated on the state of the art debate on human rights issues and to stimulate a reflection on the actual challenges faced by human rights actors worldwide.

After a first session common to all participants dedicated to a general introduction on international systems of protection of human rights and related mechanisms, the programme will develop into the following three thematic clusters:

 ·         Business and Human Rights

·         Development and Human Rights

·         Transitional Justice and Fight against Impunity


Online registration is open until 30 April 2012 at
http://www.eiuc.org/veniceschool/

 
FACULTY of the VENICE SCHOOL OF HUMAN RIGHTS 2012

Florence Benoît-Rohmer: EIUC Secretary General and Professor at University of Strasbourg

Eric David: Professor at Free University of Brussels

Martyn Day: Lawyer at Leigh Day Co.

Jan Eijsbout: Professor at Maastricht University

Christopher Gosnell: Lawyer before ICTY/ICTR/SCSL

Menno Kamminga: Professor at Maastricht University

Zdzislaw Kedzia: Professor at Adam Mickiewicz University Poznan

Stephen Marks: Professor at Harvard School of Public Health

Maria-Daniella Marouda: Lecturer at Panteion University Athens

Stelios Perrakis: Professor at Panteion University Athens

Jennifer Zerk: lawyer at Jennifer Zerk Consulting


Key Facts

Teaching language:  English.

Lecturers:  Internationally recognized experts in the field of human rights belonging to EIUC’s partner universities and other organisations that support EIUC projects and endeavors.

Participants:  Postgraduate students from all academic backgrounds, graduates from all regional masters in human rights and democratization, E.MA alumni, human rights practitioners.

Type of courses: Lecturers in the plenum and smaller seminars.

Fees:   860,00 € which includes tuition fee, accommodation in a shared double room, lunches on class days and all related reading material.

Venue: Monastery of San Nicolo, Venice Lido

At the end of the program, participants receive a Certificate of Attendance issued by the Venice School of Human Rights.

 

 

Venice Academy of Human Rights

Venice Academy of Human Rights

The Venice Academy of Human Rights will take place from 9-18 July 2012. The theme of this year’s Academy is "The Limits of Human Rights" (
http://www.eiuc.org/veniceacademy/).

Online registration is open until 1 May 2012.

Faculty of the Venice Academy 2012
Professor Philip Alston, NYU
Professor Seyla Benhabib, Yale
Professor Martti Koskenniemi, Helsinki
Professor Friedrich Kratochwil, CEU/EUI
Professor Bruno Simma, Ann Arbor/Munich
Professor Henry Steiner, Harvard
Erika Feller, UNHCR Assistant High Commissioner for Protection

Key Facts
Participants: Academics, practitioners and PhD/JSD students
Type of courses: Lectures, seminars and optional workshops
Number of hours: 21 hours of compulsory courses (plenum), 16 hours of elective and optional courses (smaller groups)
Location: Monastery of San Nicolò, Venice - Lido, Italy
Fees: 500 €
 

The Venice Academy of Human Rights is a center of excellence for human rights education, research and debate. It forms part of the European Inter-University Centre for Human Rights and Democratisation (EIUC). The Academy offers interdisciplinary thematic programmes open to academics, practitioners and doctoral students with an advanced knowledge of human rights.

A maximum of 55 participants is selected each year.

Participants attend morning lectures, afternoon seminars and workshops and can exchange views, ideas and arguments with leading international scholars and other experts. This includes the opportunity to present and discuss their own "work in progress" such as drafts of articles, chapters of doctoral theses, books and other projects.

At the end of the program, participants receive a Certificate of Attendance issued by the Venice Academy of Human Rights.

 

European Master’s Degree in Human Rights and Democratisation (E.MA)

General information E.MA is an intensive one-year master's programme aimed at educating professionals in human rights, democracy, peace and development. The programme offers an action- and policy-oriented approach to learning which combines interdisciplinary perspectives with skills building activities.

While studying in a multicultural environment, students have the opportunity to share knowledge and skills with leading academics, representing 41 European universities participating in the programme, as well as officials of international organisations (including the European Union, the United Nations and the Council of Europe), NGO experts and human rights activists. E.MA is both a residential and an exchange programme: during the first semester students study in Venice (Italy), while for the second semester they move to one of the E.MA participating universities located throughout Europe.

The course also includes a week-long field trip to a post-conflict country (in 2011/2012 the destination was Kosovo). As an example of European inter-university co-operation, the E.MA is organised by the European Inter-University Centre for Human Rights and Democratisation (EIUC).

For further details, please consult the E.MA web site.

Admission requirements

Applicants are required to hold a university degree of a high standard in a field relevant to human rights, including disciplines in law, social sciences, and the humanities, and must have a minimum of 180 ECTS credits (Bachelor/General Degree). Additional studies and practical experience in the area of human rights in inter-governmental, governmental, or non-governmental organisations are helpful. Fluency in English is an admission requirement to the programme. While not a prerequisite, the ability to understand lectures and read academic texts in French is a definite advantage.

The criteria used during the selection process are:

· academic ability and background

· experience

· language competence

· motivation

More information

For application materials and further information, please consult the E.MA web site or contact the E.MA Secretariat at EIUC: Tel. +39 041 2720918 Fax +39 041 2720914, e-mail: secretariat@eiuc.org, Monastery of San Nicolò, Riviera San Nicolò, 26, I-30126 Venice Lido

Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)

By Otto Spijkers

Oral hearings in what looks like a very interesting case between Belgium and Senegal started at the International Court of Justice yesterday. This blog post will briefly introduce the case.   

JURISDICTION 

The jurisdiction of the International Court of Justice is based on Declarations Recognizing the Jurisdiction of the Court as Compulsory of both Senegal and Belgium, transmitted to the Court in accordance with Article 36 of the ICJ Statute. Another basis for jurisdiction is Article 30 of the Torture Convention.  

FACTS AND LEGAL QUESTION 

Belgium has requested the International Court of Justice (ICJ) to determine that Senegal is legally obliged to extradite the former dictator of Chad, Mr. Hissène Habré, to Belgium or to prosecute him in Senegal.  

According to Belgium, Senegal is obliged to do so on the basis of the Torture Convention (regarding the crimes of torture allegedly committed by Mr. Habré), and customary international law (regarding the crimes against humanity he allegedly committed). 

Habré, who is now 69 years old, has lived in exile in Senegal for 21 years already. He is wanted by Belgium on suspicion of crimes against humanity, war crimes and torture committed during his time as dictator of Chad. Habré ruled Chad from 1982 until he was deposed in 1990 by President Idriss Deby Itno and fled to Senegal.  

According to the UN Torture Convention, Senegal has to either prosecute Habré itself or extradite him to another country willing to do so, such as Belgium. This follows from Articles 5 (2) and 7:  

Article 5  

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over [all acts of torture] in the following cases:  

(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;  

(b) When the alleged offender is a national of that State;  

(c) When the victim is a national of that State if that State considers it appropriate.  

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.  

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.  

Article 7  

1. The State Party in the territory under whose jurisdiction a person alleged to have committed [an act of torture] is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

 Other relevant articles are Article 8 and 9 of the same Convention: 

Article 8  

1. [All acts of torture] shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.  

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested State.  

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.  

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1.  

Article 9  

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any [acts of torture], including the supply of all evidence at their disposal necessary for the proceedings.  2. States Parties shall carry out their obligations under paragraph I of this article in conformity with any treaties on mutual judicial assistance that may exist between them.

It is not the case that Senegal has done nothing for 21 years. Quite the opposite in fact: Senegalese courts have tried to prosecute Habré numerous times. Habré was first indicted in Senegal in 2000, but the Senegalese courts then ruled that they were not authorized to prosecute Habré for torture committed abroad. In other words, the Senegalese legislator had not created extraterritorial criminal jurisdiction for the crime of torture, and when there is no legal basis to exercise such jurisdiction, the courts cannot do so. This is derived from the legality principle (nullum crimen sine lege), and also the basic rules on the limits of the exercise of jurisdiction by one State regarding facts committed on the territory of another.

The Senegalese court thus had no choice but to conclude that, failing the implementation of the Articles 5 and 7 of the Torture Convention into domestic Senegalese criminal law, the Senegalese courts had no jurisdiction for torture committed abroad, even if the alleged offender (Habré) was on Senegalese territory at the time of issuing the arrest warrant.

Of course, this might excuse the Senegalese courts, but it does not excuse the State of Senegal on the international level. After all, inadequate national legislation is no excuse for violating an international legal obligation, in this case the duty to establish extraterritorial jurisdiction as prescribed in Article 5 Torture Convention, and to exercise such jurisdiction or extradite (Article 7).  

In 2006, the Committee against Torture confirmed this, in response to an individual complaint against Senegal deposited by a number of Chadian victims of Habré's regime. 

The Government of Chad has expressed a desire to have Habré extradited to Belgium. And, very importantly, in 2002 the Chadian government waived Habré's immunity as former head of state. This means he cannot claim before a domestic court that his crimes were committed in his official capacity of Head of State, and that these acts are thus covered by his immunity ratione materiae granted to him as former head of State. (Of course, looking at the Pinochet-case, one might wonder whether this immunity would have shielded him from criminal prosecution for torture.) 

Venice Academy of Human Rights

The Venice Academy of Human Rights will take place from 9-18 July 2012. The theme of this year’s Academy is "The Limits of Human Rights" (http://www.eiuc.org/veniceacademy/). Online registration is open until 1 May 2012.

Faculty of the Venice Academy 2012

  • Professor Philip Alston, NYU Professor
  • Seyla Benhabib, Yale Professor
  • Martti Koskenniemi, Helsinki Professor
  • Friedrich Kratochwil, CEU/EUI Professor
  • Bruno Simma, Ann Arbor/Munich Professor
  • Henry Steiner, Harvard Erika Feller, UNHCR Assistant High Commissioner for Protection

Key Facts

  • Participants: Academics, practitioners and PhD/JSD students
  • Type of courses: Lectures, seminars and optional workshops
  • Number of hours: 21 hours of compulsory courses (plenum), 16 hours of elective and optional courses (smaller groups)
  • Location: Monastery of San Nicolò, Venice - Lido, Italy
  • Fees: 500 €

The Venice Academy of Human Rights is a center of excellence for human rights education, research and debate. It forms part of the European Inter-University Centre for Human Rights and Democratisation (EIUC). The Academy offers interdisciplinary thematic programmes open to academics, practitioners and doctoral students with an advanced knowledge of human rights. A maximum of 55 participants is selected each year. Participants attend morning lectures, afternoon seminars and workshops and can exchange views, ideas and arguments with leading international scholars and other experts. This includes the opportunity to present and discuss their own "work in progress" such as drafts of articles, chapters of doctoral theses, books and other projects. At the end of the program, participants receive a Certificate of Attendance issued by the Venice Academy of Human Rights.

University Lecturership in Public International Law, Faculty of Law, University of Oxford

UNIVERSITY OF OXFORD

FACULTY OF LAW

University Lecturership in Public International Law

in association with a Tutorial Fellowship at St Anne’s College

Combined College and University salary of £42,883 - £57,581 per annum

The Faculty of Law of the University of Oxford and St Anne's College invite applications from suitably qualified candidates for a University Lectureship in Public International Law. The post is available from October 2012 or as soon as possible thereafter. The vacancy arises from the resignation of Professor Stefan Talmon to take up a Chair at the University of Bonn.

The Faculty requires proven teaching competence in the field of Public International Law. The College requires teaching in Public International Law, and would welcome teaching in European Union Law.    For information, the subjects taught on the Oxford BA course and on the Faculty’s graduate curricula can be found at http://www.law.ox.ac.uk/themes/all_courses.php

The successful appointee will be required to pursue research and to undertake teaching within the field of Public International Law, examining in the subject and giving high-quality tutorials, classes, supervision and lectures at both undergraduate and graduate level. He or she will be expected to contribute to administration and pastoral duties in the college and in the Law Faculty.  The postholder will be provided with an office and other facilities at St Anne’s College. The person appointed will have a doctorate or its equivalent in a relevant subject.

The stipend will be on a scale of £42,883 - £57,581 per annum. Additional allowances are available. Further particulars, including information about how to apply, may be obtained from Emma Gascoigne, Personnel Officer, St Cross Building, St Cross Road, Oxford OX1 3UL and can be found at http://www.law.ox.ac.uk/vacancies.php. The closing date for applications is 23rd March 2012. 

 Informal enquiries are welcome and should be directed to Professor Dan Sarooshi/Professor Vaughan Lowe dan.sarooshi@law.ox.ac.uk or vaughan.lowe@law.ox.ac.uk. Inquiries about the role of the University Lecturer in St Anne’s College should be directed to liora.lazarus@law.ox.ac.uk.

The University of Oxford and St Anne’s College are equal opportunities employers. Applications are particularly welcome from women and black and minority ethnic candidates, who are under-represented in academic posts in Oxford.

Lecturer in Justice Studies, Charles Sturt University, Bathurst campus, Australia

Full time, Continuing, Level B position - $78,727 - $93, 491 pa (plus 17% superannuation)

The School of Humanities and Social Sciences are looking for a proven Lecturer and Researcher specialising in Criminology/Justice Studies to join our expanding justice studies program. You will be expected to deliver subjects in our unique justice studies degrees which include the Bachelor of Social Science (Criminal Justice) and the Bachelor of Justice Studies (Policing). Applicants are expected to apply online at the CSU website and address the selection criteria listed in the position description. Applications close: 11 March 2012

Any queries please contact Jennifer McKinnon on +61-2-69332471 or jmckinnon@csu.edu.au

More information on the CSU jobs website

University of Chicago Richard & Ann Pozen Visiting Professor in Human Rights

University of Chicago
Richard & Ann Pozen Visiting Professor in Human Rights
2013-14 and 2014-15
Applications and nominations are open
  
The Human Rights Program of the University of Chicago seeks nominations and applications for the position of Richard and Ann Pozen Visiting Professor in Human Rights for 2013-14 and 2014-15.

The Pozen Professorship is for a senior scholar or practitioner with a distinguished record in human rights in the academic, professional, journalistic, political, or civic world. Past and upcoming Pozen Visiting Professors include:  Justice Albie Sachs, South Africa; Prof. Rodolfo Stavenhagen, Mexico; Professor Elizabeth Borgwardt, U.S.; and Dr. William Schulz, U.S.

The Pozen Professor will be in residence for one 10-week academic quarter and will teach one undergraduate course and give several public lectures.  Compensation is generous and includes transportation, a housing subsidy, and full University privileges. 

For more information on the HR Program see: http://humanrights.uchicago.edu 

Nomination or application letters should contain a c.v. or a description of the nominee's career, including contact information if further materials or references are sought.

Please send materials by March 26, 2012 to Pozen Professorship Selection Committee, University of Chicago Human Rights Program, c/o Sarah Moberg: spmoberg@uchicago.edu

University of Chicago Lecturer in Human Rights Program

University of Chicago
Lecturer in Human Rights Program

The Human Rights Program at the University of Chicago is accepting applications for a one-year, with the possibility of renewal for a second year, lectureship to begin Autumn Quarter 2012.  Only applicants who receive their doctoral degree by September 2012 will be considered. The Human Rights Program seeks a scholar with an inter-disciplinary approach, with research interests and teaching experience in one or more regional or thematic areas pertaining to human rights and/or humanitarian politics. Responsibilities include the design and teaching of three courses over three terms, coordination of the Human Rights workshop, participation in the activities of the Human Rights Program, and advising bachelor's and master's theses. The salary is $43,000 plus applicable University benefits, a $2,000 research account, and a small relocation allowance.

Applicants must apply on line at the University of Chicago Academic Careers web site at http://academiccareers.uchicago.edu and select requisition #01169.  Applicants are required to upload the following materials: cover letter; curriculum vitae; a chapter of your dissertation and/or an article that has been published or accepted for publication.

Please have two or three letters of recommendation either emailed to the Search Committee c/o Sarah Moberg, spmoberg@uchicago.edu or sent by mail to Human Rights Lecturer Search Committee, The University of Chicago, 5720 S. Woodlawn Avenue, Chicago, Illinois 60637.

Application deadline is April 2, 2012 for receipt of all materials.

The University of Chicago is an Affirmative Action/Equal Opportunity Employer.

US NIJ PhD Graduate Research Fellowship Program FY 2012

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ), is pleased to announce that it is seeking applications for funding under the Ph.D. Graduate Research Fellowship (GRF) program, which provides awards for research on crime, violence, and other criminal justice-related topics to accredited academic universities that offer research-based doctoral degrees in disciplines relevant to NIJ’s mission. This program furthers the Department’s mission by sponsoring research to provide objective, independent, evidence-based knowledge and tools to meet the challenges of crime and justice, particularly at the State and local levels.

The NIJ Ph.D. Graduate Research Fellowship Program provides awards for research on criminal justice-related topics to accredited universities that support graduate study leading to research-based doctoral degrees. Applicants sponsoring doctoral students in policy and health sciences or in an education field may apply if the doctoral dissertation is in an NIJ-supported discipline.

Deadline: May 2, 2012. For more information, see the NCJRS website.

Associate Lecturer, Lecturer, Senior Lecturer in Criminology, Deakin University, Melbourne, Australia

Deakin University is currently advertising for up to 3 positions in Criminology, based at the Geelong (Waurn Ponds) campus.

An Associate Lecturer (Level A) contract for immediate start, ending 29 June, 2012. CLOSING 19 FEB.
An ongoing Lecturer (Level B ) position for an immediate start. CLOSING 26 FEB.
An ongoing Lecturer/Senior Lecturer (Level B or C)  for a July, 2012 start. CLOSING 26 FEB

For further details follow the link below (scroll down the website)

http://www.deakin.edu.au/careers-at-deakin/employment/academic.php

Simons Visiting Chair in International Law and Human Security, School for International Studies SIMON FRASER UNIVERSITY, BC, Canada

The School for International Studies invites applications from scholars and from those with relevant professional experience in international law or diplomacy for this visiting position, to be taken up in the Fall Term (September-December) 2012. The successful candidate will be asked to teach one senior undergraduate course, to mount a workshop on her/his research interests, and to contribute to the research activity of the School. The position will be remunerated at a level appropriate to the successful candidate’s seniority and experience and assistance may be given with travel and housing costs.

Applications will be treated in confidence and should include a letter of application with a statement of interest, curriculum vitae, and a list of publications. Applicants should also provide the names and contact details of six referees.

All materials should be sent electronically to:  Dr. John Harriss, Director, School for International Studies (intst@sfu.ca) by 31 March 2012. In the Subject Line of the email, indicate the following information in the order specified:
2012 Fall SVC Application, Applicant Name.

All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be given priority. Simon Fraser University is committed to the principle of equity in employment and offers equal employment opportunities to qualified applicants.

Under the authority of the University Act personal information that is required by the University for academic appointment competitions will be collected. For further details see the collection notice at http://www.sfu.ca/vpacademic/faculty_openings/Collection_Notice.html

International symposium on Precursors to International Constitutionalism: The Development of the German Constitutional Approach to International Law

The Goettingen Journal of International Law (GoJIL) in cooperation with the Institute of International and European Law, Georg-August-Universitt Goettingen, and the Minerva Center for Human Rights, Hebrew University of Jerusalem, is pleased to announce its international symposium on Precursors to International Constitutionalism: The Development of the German Constitutional Approach to International Law
 
March 9-10 2012, Paulinerkirche, Goettingen, Germany

International constitutionalism is in the focus of contemporary international legal debate and practice, as evidenced by the recent Kadi-Jurisprudence of the European Courts and the burgeoning literature that employs constitutional as well as fragmentation terms with respect to modern international law -- dealing with the pluralistic structure of modern international law, post-national law and constitutional pluralism. This seemingly new discourse is all-pervasive, with implications in international politics, law, trade and human rights.

However, this project maintains that this is not an entirely new discourse. Its precursors can be found in what could be considered to be a "German" constitutional approach towards International Public Law (Volkerrecht) that has been characterized by a strong constitutional understanding for centuries. While the roots of the discussion can be traced back to the Eighteenth Century, this has especially been the case in the Twentieth Century, as discernable in German and Austrian teachings, from the scholarship of Albert Verdross (with his 1926 'Verfassung der Volkerrechtsgemeinschaft') to Bardo Fassbender's contemporary analysis of the UN Charter as an international constitution.

The cooperation between the Minerva Center for Human Rights, Hebrew University Jerusalem, the Institute of International and European Law, Georg-August-Universitaet Goettingen and the Goettingen Journal of International Law (GoJIL) investigates the historical development and gradual crystallization of a "German" constitutional approach in both theoretical and practical aspects. The project also fosters the current debate on modern international law with regard to constitutionalization and fragmentation trends. European constitutional thinking with respect to international law will play a role as well as current ideas of international constitutionalization in international organizations and tribunals, mainly the International Court of Justice, the European Court of Justice and the WTO.
 
Provisional Timetable
 
March 9 2012, 14:00
 
Panel 1: Origins: The development of national and international federalism
 
Panel 2: The Historical and Philosophical Background of International Constitutionalism II: Neo-Kantian Universalism and International Law
 
Dinner
 
March 10 2012, 9:00
 
Panel 3: Judicial Constitutionalism and its Limits
 
Panel 4: A fragmented Constitutionalism or a Pluralistic Postnational Order?
 
Conclusion and closing remarks
 
Lunch
 
Registration

Interested scholars and students are invited to attend the conference in the audience and to contribute to the discussions following the presentation of the papers.

Registration fee: 15,00 euros (scholars) / 10,00 euros (students)

(including conference-materials, coffee and snacks during the conference)
 
Deadline: February 20, 2012

To register for the conference, please send an email to conference@gojil.eu. Please indicate if you would like to join at your own charge for dinner and/or lunch. Note that there is only a limited number of seats!

Further information is available on conference.gojil.eu.

CALL FOR PAPERS: Second annual workshop: Resisting the Path to Genocide: Groups

DEADLINE EXTENSION: FEBRUARY 29, 2012,

CALL FOR PAPERS: Second annual workshop:

Resisting the Path to Genocide: Groups
International conference at the University of Southern California, Los Angeles, CA, September 6-8, 2012

The interdisciplinary research cluster “Resisting the Path to Genocide” at the University of Southern California, Los Angeles, addresses the fundamental question of what enables people to oppose or resist racist ideologies, state discrimination practices, or the active participation in mass atrocities in three steps, focusing consecutively on societies, groups, and individuals (for more details, visit college.usc.edu/2020-resistance).

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Senior Minorities Fellow at the UN Office of the High Commissioner for Human Rights

About the Fellowship Programme

 The Minorities Fellowship Programme (MFP) was launched by the Office of the High Commissioner for Human Rights (OHCHR) in 2005.

The MFP is held annually and currently has two linguistic versions: The English language programme has been running since 2005 and the Arabic language programme started in 2007. The Arabic language component began as a two-week pilot and gradually expanded to five weeks in 2011. The duration of the programmes varied until 2011, when both programmes were decided to last 5 weeks and coincide with the session of the Forum on Minority Issues.

Through the MFP, the OHCHR aims to give persons belonging to national or ethnic, religious and linguistic minorities an opportunity to gain knowledge on the UN system and mechanisms dealing with international human rights in general and minority rights in particular. The MFP is intended to assist organizations and communities in protecting and promoting the rights of minorities the fellows belong to.

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Call for applications for visiting PhD students in the Centre for International Governance and Justice, ANU

Call for applications for visiting PhD students in the Centre for International Governance and Justice, ANU The Centre for International Governance and Justice (CIGJ), part of the Regulatory Institutions Network (RegNet) in the College of Asia and the Pacific, Australian National University in Canberra invites applications from PhD students enrolled at other universities to visit the Centre for up to two months in 2012.

Funding for visitor scholarships (up to $1500 per student, including the costs of travel and accommodation in Canberra) is available. Visiting students from overseas are responsible for obtaining and funding any necessary visas. Visiting students will have shared office space with a computer (if needed), printing and copying facilities, and borrowing privileges at ANU libraries.

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PhD Scholarships: Police Use of Force, ARC Centre of Excellence in Policing and Security (CEPS)

The Project: The Use of Force Project is part of the Frontline Policing program of research within CEPS. The project aims to enhance our knowledge of police use of force policies and practices in Australia. The project, which commenced in late 2010, will gather data on policies, laws and practices in Australia (and overseas jurisdictions) governing use of force, It will conduct a longitudinal study of police attitudes to use of force in Australia, as well as examine the findings from significant inquiries, disciplinary hearings and inquests. The project will contribute to the existing body of knowledge in the field but also inform police training, national policies and guidelines. The project provides extensive opportunities for researchers to engage with industry partners (such as Queensland Police Service) who will provide data and other assistance. The research team in CEPS working on this project has a broad disciplinary background spanning criminology, sociology, psychology and law. The research team consists of Professors Simon Bronitt, Geoff Alpert and Phillip Stenning, and Senior Research Fellow, Dr Louise Porter and Research Assistant, Linzie Jones.

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Postdoctoral and Research Fellowship Scheme, Griffith University, Australia

The Griffith Postdoctoral and Research Fellowship Scheme has been established as an initiative to assist the University in achieving its objective of strengthening its research profile and capacity. Early career researchers are invited to apply for Postdoctoral Fellowships and experienced researchers may apply for Research Fellowships under the Scheme. The University may award up to 10 Fellowships for the 2012 Round of the Scheme. Information for applicants can be found in the Guidelines.

Next call for applications: NOW OPEN

Closing date for scheme: Monday, 16 April 2012

For Guidelines, Application Form, and Referee Report form, please see the bottom the Griffith Uni Internal Grants page.

Grant for Human Rights Research Project Within the programme Building Human Rights Knowledge and Resources in the Middle East and North Africa 2012

The Raoul Wallenberg Institute announces the Grant for Human Right Research Project 2012 within the programme “Building Human Rights Knowledge and Resources in the Middle East and North Africa”. One of the expected results of the programme is to increase the number of relevant human rights research in Arabic accessible in the MENA region, and the grant/scholarship forms part of the activities leading to this result.

Scholarships will be awarded to 4-5 research teams representing different sectors, planning to carry out, or carrying out, a research project/study in the field of human rights, relevant for the MENA region, focusing on the following areas: Civil and Political rights, including citizenship, minority rights and access to information; Economic, Social and Cultural Rights; Regional protection mechanisms for human rights; and areas related to human rights of women and rights of persons with disabilities.

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Vacancy: Programme Officer, Lund, Regional human rights capacity development programme in Asia

Vacancy: Programme Officer, Lund

(ref. no. POLU12)

The Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI) is an independent academic institution established in 1984. The mission of the Institute is to promote universal respect for human rights and humanitarian law by means of research, academic education, and institutional development. The vision of the Institute is to be a centre of excellence meeting the highest international standards in all its fields of operation, contributing to the development of societies based on a human rights culture. In addition to research and academic education programmes, RWI has since 1990 been implementing a wide range of human rights capacity development programmes for institutions in developing countries, mainly with the support of the Swedish International Development Cooperation Agency (Sida). The Department of International Programmes manages and coordinates RWI’s human rights capacity development programmes and projects. The Department consists of three units, whereof one deals with thematic work and the two other have geographic areas of responsibilities covering Asia, and Europe and the Middle East and North Africa, respectively. RWI’s thematic unit largely focuses on programmes and projects with National Human Rights Institutions.

Summary: RWI is currently seeking candidates immediately for a position as Programme Officer, based in Lund, Sweden, working with the component on support to academic institutions forming part of the Institute's regional human rights capacity development programme in Asia. The position is temporary for one year covering the current programme officer’s maternity leave, and is expected to start in mid-March.

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