Torture convention

Room 212, Crown Quadrangle
559 Nathan Abbott Way
Stanford, CA 94305-8610

650.736.8771
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Lecturer in Residence, Stanford Law School
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Jamie O’Connell is a Lecturer in Residence at Stanford Law School. He teaches and writes on political and legal development and has particular expertise in law and development, transitional justice, democratization, post-conflict reconstruction, and business and human rights. Until 2018, he was a Senior Fellow of the Honorable G. William and Ariadna Miller Institute for Global Challenges and the Law at the University of California, Berkeley, School of Law, as well as a Lecturer in Residence, teaching both law and undergraduate students.

O’Connell has worked on human rights and development in over a dozen countries in Africa, the Americas, Asia, and Europe, under the auspices of the United Nations, local and international non-governmental organizations, and academic institutions. He co-founded International Professional Partnerships for Sierra Leone, a non-governmental organization that worked with the government of Sierra Leone to enhance the performance of its agencies and civil servants. Earlier in his career, O’Connell studied international business as a researcher at Harvard Business School, publishing numerous case studies. He has directed the Human Rights Clinic at the University of Sierra Leone and taught as a visitor at Harvard Law School and Columbia Law School. O’Connell clerked for the Honorable James R. Browning on the U.S. Court of Appeals for the Ninth Circuit and is admitted to practice in California (inactive status) and New York. In 2016-17, he was a visiting professor and Fulbright Senior Scholar at the University of Valencia (Spain) Faculty of Law.

O’Connell’s scholarship includes “Representation, Paternalism, and Exclusion: The Divergent Impacts of the AKP’s Populism on Human Rights In Turkey” in Human Rights in a Time of Populism: Challenges and Responses (2020); “When Prosecution Is Not Enough: How the International Criminal Court Can Prevent Atrocity and Advance Accountability by Emulating Regional Human Rights Institutions” (with James L. Cavallaro, Yale Journal of International Law, 2020); “Common Interests, Closer Allies: How Democracy in Arab States Can Benefit the West” (Stanford Journal of International Law, 2012); “Empowering the Disadvantaged after Dictatorship and Conflict: Legal Empowerment, Transitions and Transitional Justice,” in Legal Empowerment: Practitioners’ Perspectives (2010); “East Timor 1999,” in The Responsibility to Protect: Moving the Campaign Forward (2007); “Gambling with the Psyche: Does Prosecuting Human Rights Violators Console Their Victims?” (Harvard International Law Journal, 2005); “Here Interest Meets Humanity: How to End the War and Support Reconstruction in Liberia, and the Case for Modest American Leadership” (Harvard Human Rights Journal, 2004); and Sierra Leone’s Truth and Reconciliation Commission and Special Court: A Citizen’s Handbook (with Paul James-Allen and Sheku B.S. Lahai, 2003).

CDDRL Affiliated Scholar
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Visiting Scholar, Ukrainian Emerging Leaders Program 2017-18
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Oleksandra Matviichuk is a human rights defender who works on issues in Ukraine and the OSCE region. At present she heads the human rights organization Center for Civil Liberties, and also coordinates the work of the initiative group Euromaidan SOS. The activities of the Center for Civil Liberties are aimed at protecting human rights and establishing democracy in Ukraine and the OSCE region. The organization is developing legislative changes, exercises public oversight over law enforcement agencies and judiciary, conducts educational activities for young people and implements international solidarity programs. 

The Euromaidan SOS initiative group was created in response to the brutal dispersal of a peaceful student rally in Kyiv on November 30, 2013. During three months of mass protests that were called the Revolution of Dignity, several thousand volunteers provided round-the-clock legal and other aid to persecuted people throughout the country. Since the end of the protests and beginning of Russian aggression in Ukraine, the initiative has been monitoring political persecution in occupied Crimea, documenting war crimes and crimes against humanity during the hybrid war in the Donbas and conducting the “LetMyPeopleGo” international campaign to release political prisoners detained by the Russian authorities. 

Oleksandra Matviichuk has experience in creating horizontal structures for massive involvement of people in human rights activities against attacks on rights and freedoms, as well as a multi-year practice of documenting violations during armed conflict. She is the author of a number of alternative reports to various UN bodies, the Council of Europe, the European Union, the OSCE and the International Criminal Court. In 2016 she received the Democracy Defender Award for "Exclusive Contribution to Promoting Democracy and Human Rights" from missions to the OSCE.

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Scott Sagan
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CISAC senior fellow Scott Sagan decodes the enduring lessons and secret messages hidden in the hauting battlefield drawings of the Lakota Chief known as Red Horse, who fought against Lt. Col George Custer and his Seventh Cavalry forces during their infamous defeat in 1876, in this story for the New York Times' Sunday Review section.

 

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Clifton B. Parker
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The U.S. Senate summary report on the allegations of CIA torture during the "war on terror" failed to live up to its original purpose, according to Amy Zegart, co-director of Stanford's Center on International Security and Cooperation (CISAC).

In a new journal article, Zegart wrote that the report has "not changed minds on either side of the torture debate and is unlikely to do so."

In December 2014, after five years of research, the U.S. Senate Select Committee on Intelligence issued a summary report of its investigation into the Central Intelligence Agency's terrorist detention and interrogation program between 2001 and 2006.

As Zegart noted, the Senate's summary released to the public amounted to less than a tenth of the full report, most of which remains classified. In an interview, she said the issue at hand should concern all Americans.

"How do secret agencies operate in a democratic society? Were the CIA's interrogation methods effective? Were they legal or moral? What role should the Congress have played when decisions about detainees were being made? All of these are vital questions which, sadly, remain unanswered and hotly contested – in large part because they have been caught in the maw of politics on both sides," said Zegart, the co-director of the Center for International Security and Cooperation at Stanford and a senior fellow at the Hoover Institution.

'A tiny portion of the full study'

Zegart explained that four key errors have doomed the Senate report to "eternal controversy."

"It was not bipartisan, took too long to write, made little effort to generate public support along the way and produced a declassified version that constituted a tiny portion of the full study," she said.

In contrast, Zegart said, the U.S. Senate's 1975-76 Church Committee investigation of intelligence abuses made different calls on all four issues, which helped it achieve significantly more impact. That committee was formed in the wake of Watergate and disclosures in the New York Times that U.S. intelligence agencies had engaged in a number of illegal activities for years, including widespread domestic surveillance on American citizens.

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Zegart wrote, "This was deliberate: As one Church Committee source told the New York Times in December 1975, 'If you wait too long, both the public and the members of Congress forget what you're trying to reform.' He was right."

On the other hand, she said, the Senate committee investigating CIA torture consisted entirely of Democrats and took five years to deliver what turned out to be a heavily redacted report. U.S. Sen. Dianne Feinstein (D-Calif.) chaired the committee.

While Feinstein's staff worked from 2009 to 2014, Zegart said, public outrage about torture faded – in fact, public support for coercive techniques actually increased. According to Zegart, a 2007 Rasmussen poll showed that 27 percent of Americans said the U.S. should torture captured terrorists, while 53 percent said the U.S. should not. A 2012 YouGov national poll conducted by Zegart found that support for torture rose 14 points while opposition fell 19 points.

Another problem was that the investigation did not hold a single public hearing to generate public attention or support, she said. In contrast, Church's investigation held 21 public hearings in 15 months.

Finally, the Senate report is still almost entirely classified, Zegart said.

"The 'report' released in December 2014 was a redacted executive summary of 500 pages – that's less than 10 percent of the 6,700-page report. No one knows when the other 6,200 pages will see the light of day," she wrote.

'Extraordinary resistance'

The aforementioned factors gave CIA defenders the upper hand when the report was eventually issued, she said.

"When the summary was released, former CIA officials launched an unprecedented public relations campaign replete with a web site, op-ed onslaught, and even a 'CIAsavedlives' Twitter hashtag," Zegart wrote.

And so, the episode represented one of the controversial episodes in the history of the CIA's relationship with the U.S. Senate, Zegart said.

"They [the Senate] faced extraordinary resistance from the CIA that included spying on the investigation; stonewalling and whittling away what parts of the report would be declassified; and a publicity campaign to discredit the study as soon as it was released," she wrote.

Zegart said the Feinstein investigation serves as a "cautionary tale" for Congress in its constitutional role of intelligence oversight.

"Even those who consider the interrogation and detention programs a dark mark on American history should be wary of calling the Senate report the definitive account of the subject or a model of intelligence oversight success," she wrote.

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Eight leading experts in the areas of intelligence ethics and oversight and accountability were invited to contribute their perspectives on the US Senate Select Committee Report on the CIA's Detention and Interrogation Program  The responses that follow, presented in alphabetical order, offer a range of views that together provide an excellent guide to the questions and concerns posed by the report and its reception, and provide a thoughtful basis for further exploration and consideration of key issues; of ethics, of the relationship between claims regarding efficacy and normative values in the torture debate, of the relationship between law and ethics, of the significance of language in the torture debate, of the ‘politics of lying’ and of the implications of this episode for the future of intelligence oversight in the US.

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Publication Type
Journal Articles
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Journal Publisher
Routledge - Taylor & Francis Group
Authors
Amy Zegart
Mark Pythian

Stanford Law School
Neukom Building
Room N255

(650) 736-8090 (voice)
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Distinguished Austrian Chair Professor (2013-2014)
Visiting Professor, Stanford Law School
Professor of Law, University of Vienna, Austria
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Manfred Nowak graduated from the Vienna Law School (Dr. iur. 1973) and from Columbia University New York (LL.M. 1975). He has been professor at the Institute of Constitutional and Administrative Law at the University of Vienna since 1986. He was member of the Austrian Delegation to the U.N. Commission on Human Rights (1986 and 1993) as well as director of the Netherlands Institute of Human Rights (SIM) at the University of Utrecht (1987-1989). In 1989, he founded the Austrian Ludwig Boltzmann Institute of Human Rights in Vienna and coordinated NGO-parallel events during the 1993 UN Conference for Human Rights in Vienna while he also was Professor of Law at the Austrian Federal Academy of Public Administration in Vienna until 2002.

As U.N. expert on missing persons in the former Yugoslavia he started a process aiming at the identification of missing persons through exhumation of mortal remains between 1994 and 1997.

From 1996-2003, Manfred Nowak was a judge at the Human Rights Chamber in Bosnia. Since 2000, he is head of an independent human rights commission at the Austrian Interior Ministry. From 2002 to 2003 he was visiting professor at the Raoul Wallenberg of Human Rights and Humanitarian Law at the University of Lund. He has been a UN expert on legal questions on enforced disappearances since 2002 and was appointed UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment in 2004 with a mandate until 2010.

In addition, Manfred Nowak is also Chairperson of the European Masters Degree in Human Rights and Democratisation (since 2000). Manfred Nowak has published more than 400 books and articles on international, constitutional, administrative, and human rights law, including the standard commentary on the International Covenant on Civil and Political Rights. He was awarded the UNESCO Prize for the Teaching of Human Rights in 1994 and the Bruno Kreisky Prize for Human Rights in 2007.

 

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Recap: Pascal Lamy Lecture, “World Trade and Global Governance”

 
On February 10, 2014, Pascal Lamy, the former Director-General of the World Trade Organization, visited Stanford University as a special guest of The Europe Center and the Freeman Spogli Institute for International Studies. During his two-term tenure at the helm of the WTO (from 2005 to 2013), Mr. Lamy successfully guided the organization through complex changes in the regulation of international trade. Among his many achievements, he oversaw the systematic integration of developing countries into positions of political leadership in the world economic order. Prior to the WTO, Mr. Lamy served as the European Commissioner for Trade, the CEO of the French bank Crédit Lyonnais, and in the French civil service. 
 
At Stanford, Mr. Lamy first participated in a lunchtime question and answer roundtable with students that was moderated by Stephen Stedman, Deputy Director of the Center for Democracy, Development, and the Rule of Law. Among other topics, he spoke about the necessary mix of economic, social, and political policies that determine the efficacy of free trade as an engine of global economic growth. 
 
 

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Mr. Lamy then delivered a public lecture on “World Trade and Global Governance” before an audience of over a hundred members of the Stanford community. In this talk, Mr. Lamy outlined a statement of his thinking about the future of global governance, focusing on three overarching points. First, despite some setbacks, governments and international organizations have achieved major successes in regulating the liberalization of global trade. Tariffs are on average lower than ever before, and governments did not raise tariffs during the recent financial crisis as they did during the Great Depression. Second, a new feature of the global economy is that protectionism based on economic objectives has been replaced by ‘precautionism’ based on normative prerogatives. For example, competing national perspectives on product standards such as those related to safety or labor norms thwart efforts to achieve consensus on trade regulation. Third, in order to achieve regulatory convergence, we need to bring together stakeholders from the public and private sector to build coalitions that jointly negotiate conflicts in matters of global governance. For example, the “C20-C30-C40 Coalition of the Working” that comprises countries, companies, and cities is currently striving to overcome regulatory gridlock on climate change.
 
We welcome you to visit our website for additional details about this event.
 
 
 

Save the Date: The Europe Center Lectureship on Europe and the World

 
Please mark your calendars for the inaugural annual lectures in this series by Adam Tooze, Barton M. Briggs Professor of History, Yale University. 
 
Dates: April 30, May 1, and May 2, 2014
 
 
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Adam Tooze will deliver three lectures from his forthcoming book, A World Fit for Heroes. In particular, he will speak about the history of the transformation of the global power structure that followed from Imperial Germany’s decision to provoke America’s declaration of war in 1917. Tooze is the author of The Wages of Destruction: The Making and Breaking of the Nazi Economy (2006) and Statistics and the German State 1900-1945: The Making of Modern Economic Knowledge (2001), among numerous other scholarly articles on modern European history.
 

 

Meet our Visiting Scholars:  Manfred Nowak 

 
In each newsletter, The Europe Center would like to introduce you to a visiting scholar or collaborator at the Center. We welcome you to visit the Center and get to know our guests.
 
 
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Image of Manfred Nowak, Visiting Austrian Chair Professor 2013-2014, Stanford University
Manfred Nowak (LL.M., Columbia University, 1975) is Distinguished Visiting Austrian Chair Professor; Visiting Professor, Stanford Law School; and, Professor of Law, University of Vienna. One of the world’s most renowned human rights scholars and legal theorists, Nowak has published more than 400 books and articles on international, constitutional, administrative, and human rights law, including the standard commentary on the International Covenant on Civil and Political Rights. He was the Director of the Netherlands Institute of Human Rights at the University of Utrecht (1987-1989), and he founded the Austrian Ludwig Boltzmann Institute of Human Rights in 1989. From 1996-2003, Nowak was a judge at the Human Rights Chamber in Bosnia. He has also served as a U.N. legal expert on missing persons and enforced disappearances, and was appointed the U.N. Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment in 2004. 
 
Manfred Nowak was awarded the UNESCO Prize for the Teaching of Human Rights in 1994 and the Bruno Kreisky Prize for Human Rights in 2007.
 
 
 

Workshop Schedules  

 
The Europe Center invites you to attend the talks of speakers in the following workshop series: 
 

Europe and the Global Economy

 
February 20, 2014
Alan Deardorff, John W. Sweetland Professor of International Economics & Prof. of Economics and Public Policy, University of Michigan
RSVP by Feb 19, 2014
 
Mar 6, 2014
Sophie Meunier, Research Scholar, Woodrow Wilson School and Co-Director, EU Program at Princeton, Princeton University
RSVP by Mar 3, 2014
 
Mar 13, 2014
Randy Stone, Professor of Political Science, University of Rochester
RSVP by Mar 10, 2014
 
Apr 3, 2014
Kåre Vernby, Associate Professor, Department of Government, Uppsala University
RSVP by Mar 31, 2014
 
Apr 17, 2014
Mark Hallerberg, Professor of Public Management and Political Economy, Hertie School of Governance 
RSVP by Apr 4, 2014
 
May 15, 2014
Christina Davis, Prof. of Politics and International Affairs, Princeton University
RSVP by May 12, 2014
 

European Governance

 
May 22, 2014
Wolfgang Ischinger, Former German Ambassador to the U.S.; Chairman, Munich Security Conference
RSVP by May 19, 2014
 
May 29, 2014
Simon Hug, Professor of Political Science, University of Geneva
RSVP by May 26, 2014
 
 

The Europe Center Sponsored Events

 
We invite you to attend the following events sponsored or co-sponsored by The Europe Center:
 
March 6, 2014
“Promise and Critique of Capitalism: Changing Discourses Since the 18th Century”
Jürgen Kocka, Professor and Former President of the Social Science Research Center, Berlin
Location: Watt Room, Stanford Humanities Center
 
March 6 and 7, 2014
Indian Ocean Conference
“Connecting Continents: Setting an Agenda for a Historical Archaeology of the Indian Ocean World”
Location: Stanford Archaeology Center, Building 500, 488 Escondido Mall
 
March 31, 2014
Simon Hix, Professor of European and Comparative Politics, London School of Economics and Political Science
Political Science Comparative Politics Workshop
Location: Encina Hall West Room 400
 
April 15, 2014
Ulrich Wilhelm, Director General, Bavarian Broadcasting Corporation
“Assessing the Impact of the NSA Spy Scandal on American-European Relations” 
The Europe Center and FSI Stanford Special Event
Location: Oksenberg Conference Room, Encina Hall
RSVP by April 10, 2014
 
 

Other Events

 
The Europe Center also invites you to attend the following events of interest:
 
February 20, 2014
Gregory Shaffer, Melvin C. Steen Professor of Law, University of Minnesota Law School
“How the WTO Shapes Regulatory Governance”
Room 185, Stanford Law School
 
European Entrepreneurship & Innovation @Stanford Engineering
February 24, 2014
    “Switzerland and Turkey - Venture Capital and Product Design Firms”
    Giuseppe Zocco, Founding Partner, Index Ventures; Emrah Yalaz, CEO, Spring Ventures
March 3, 2014
    “Flanders and Sweden - Enterprise Software and VC Funds”
    Lieven Vermaele, CEO, SDNsquare; Martin Hauge, Founding Partner, Creandum
March 10, 2014
    “Hungary and Italy - Digital Infrastructure Startups and ‘Maker’ Movements”
    Gyula Feher, CTO & Co-Founder, Ustream
Location: Hewlett 201 Auditorium, Engineering School
 

We welcome you to visit our website for additional details.

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450 Serra Mall, Building 200
Stanford CA 94305-2024

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Associate Professor of History
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Laura Stokes completed their Ph.D. at the University of Virginia in 2006. Their first book, Demons of Urban Reform, examines the origins of witchcraft prosecution in fifteenth-century Europe against the backdrop of a general rise in the prosecution of crime and other measures of social control. In the process they have investigated the relationship between witchcraft and sodomy persecutions as well as the interplay between the unregulated development of judicial torture and innovations within witchcraft prosecution.

Their current research is an examination of quotidian economic culture during the fifteenth through seventeenth centuries. This project, under the working title A Social History of Greed in the Age of the Reformation, is based largely on the examination of court depositions from the city of Basel. Its first fruit will be a microhistory on The Murder of Uly Mörnach, currently in process. Prof. Stokes also directs a digital humanities project "Panic and Pandemic" which maps outbreaks of plague and epidemic in early modern Europe against social and literary responses to disease.

 

Affiliated faculty at The Europe Center
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CISAC Faculty Member Amy Zegart discusses how changing American attitudes towards torture have impacted presidential appointments to key intelligence positions, such as the Obama administration's appointment of John Brennan to lead the CIA. Four years ago, he withdrew from consideration for the position because of his role as a senior CIA official during the Bush administration and his association with enhanced interrogation techniques. His nomination as CIA Director is much less contentious this time around. 

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Commentary
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The New York Times
Authors
Amy Zegart
Amy Zegart
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Carla Ferstman is Director of REDRESS. She is currently on sabbatical leave and is a Jennings Randolph Senior Fellow 2012-2013 at the United States Institute of Peace. She joined REDRESS in 2001 as its Legal Director and became its Director in 2005. She was called to the Bar in British Columbia, Canada where she practiced as a criminal law barrister. She has also worked with the UN High Commissioner for Human Rights on legal reform and capacity building in post-genocide Rwanda, with Amnesty International's International Secretariat as a legal researcher on trials in Central Africa and as Executive Legal Advisor to Bosnia and Herzegovina's Commission for Real Property Claims of Displaced Persons and Refugees (CRPC). She has an LL.B. from the University of British Columbia, an LL.M. from New York University and is a doctoral candidate at the University of Oxford. Ms. Ferstman has published and is a regular commentator on victims' rights, the International Criminal Court and the prohibition against torture.

Bechtel Conference Center

Carla Ferstman Director Speaker REDRESS -- Jennings Randolph Senior Fellow 2012-13 at United States Institute of Peace
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