International Law
Authors
Sarina Beges
News Type
News
Date
Paragraphs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

All News button
1
-

 

Lyushun Shen earned his doctorate in International Relations from the University of Pennsylvania. He started his career at the School of Law, University of Maryland before deciding to become a professional diplomat.  He has enjoyed a distinguished career serving Taiwan in its overseas missions in America and Europe, including in Washington D.C., Kansas City, Geneva and Brussels.  Prior to his current appointment he was Taiwan’s representative to the European Union. His publications include:  “The Republic of China’s Perspective on the US Omnibus Trade and Competitiveness Act of 1988” (The Chinese Yearbook of International Law and Affairs, 1989), The Issue of US Arms Sales and Peking’s Policy toward Taiwan (Taipei, 1986), “Is Peking’s Claim over Taiwan Internationally Recognized?” Monograph Series of the Asia and World Forum (Taipei, 1984), “The Washington-Peking Controversy over US Arms Sales to Taiwan: Diplomacy of Ambiguity and Escalation” (The Chinese Yearbook of International Law and Affairs, 1982), and “The Taiwan Issue in Peking’s Foreign Policy during the 1970’s, A Systematic Review” (The Chinese Yearbook of International Law and Affairs, 1981).

In this special event, Vice Foreign Minister Shen will reflect on the century-long relationship between the Republic of China and the United States, and address the future prospects and challenges of this relationship. 

Bechtel Conference Center

Lyushun Shen Vice Foreign Minister Speaker Ministry of Foreign Affairs, Republic of China (Taiwan)
Conferences
-

With democratic revolutions spreading throughout the region, and as US, European and NATO forces enter the conflict in Libya, the transatlantic community shares concern over events in the greater Middle East. The Europe Center presents a timely seminar by Ami Ayalon, former director of the Shin Bet and commander of the Israeli Navy, about the interdependence of Israeli security and Palestinian statehood and the urgent necessity of achieving a two-state solution to ensure democratic self-determination for both peoples.

Ami Ayalon is a former Member of the Israeli Knesset, Commander of the Israeli Navy, and director of the Shin Bet, Israel's internal security service. In 2003, Ayalon launched, together with former PLO representative Sari Nusseibeh, a peace initiative called “The National Census" to collect signatures of millions of Israelis and Palestinians in support of a two-state solution.

About the Speaker

Admiral Ami Ayalon was born in pre-state Israel in 1945, growing up on Kibbutz Maagan. He served in the Israeli Navy for 30 years. During his service he was decorated with the Medal of Valor, Israel's highest award and the Medal of Honor for carrying out a long list of operations without casualties as the commander of the elite Shayetet 13 Naval commando unit. From 1992-1996 he served as Chief of the Israeli Navy.

Upon retiring from the Navy, Admiral Ayalon was appointed director of the Shin Bet (Israel’s General Security Service). He is credited with rehabilitating the service, which had been hard-hit by its failure to prevent the assassination of Prime Minister Yitzhak Rabin.

In 2003, Admiral Ayalon founded the People’s Voice, a grassroots movement that, together with Palestinian professor Sari Nusseibeh, formulated a set of principles for a permanent agreement between Israel and the Palestinians. To date, over 400,000 people from both sides have signed the Ayalon-Nusseibeh Statement of Principles.

In 2005, Admiral Ayalon was elected to a senior Labor Party seat in the Knesset, and served on the several committees, including as Chair of the Knesset Subcommittee on National Emergency Readiness. In 2007, Admiral Ayalon joined Prime Minister Ehud Olmert's cabinet where he served until 2009.

Having formally retired from politics, Admiral Ayalon serves as Chairman of the Executive Committee of Haifa University, leading research on terror, ethics and international law. He is chair of AKIM, a charity for people with intellectual disabilities. He holds two degrees from Bar-Ilan University: a BA in Economics and Political Science and an MA in law, in addition to an MA in Public Administration from Harvard University. He is a graduate of the Naval War College in Newport Rhode Island.

Philippines Conference Room

Ami Ayalon Speaker
Seminars
News Type
News
Date
Paragraphs

Warren M. Christopher, a highly respected attorney, former Secretary of State and former chair of the Stanford Board of Trustees died on March 18, 2011, at the age of 85.

A graduate of the University of Southern California, Warren Christopher attended Stanford Law School, where he was president of the Law Review and was a member of the Order of the Coif.

Upon graduation, Mr. Christopher joined the Los Angeles law firm of O'Melveny& Myers LLP. He would blend a highly regarded and very distinguished law career with an equally distinguished record of public service to several American presidents.

From 1997 to 1982, Mr. Christopher served President Jimmy Carter as Deputy Secretary of State of the United States. President Carter awarded him the Medal of Freedom, the nation's highest civilian award, in January of 1981 for his role in negotiating the release of 52 Americans hostages in Iran. Mr. Christopher then rejoined O'Melveny & Myers in 1981, serving as chairman of the firm until 1992.

In 1991, Mr. Christopher was Chairman of the Independent Commission of the Los Angeles Police Department, which proposed significant reforms in the aftermath of the Rodney King incident. Mr. Christopher headed the search for a running mate for both Governor Clinton's and Vice President Gore's presidential campaigns and served as Director of the Presidential Transition Process for President Clinton.

Mr. Christopher was called on by President Clinton to serve as Secretary of State. He was sworn in as the 63rd Secretary in January of 1993 and served until January 1997. As Secretary of State, he helped bring peace to Bosnia and to parts of the Middle East. He rejoined his firm, O'Melveny & Myers, as its senior partner in 1997.

Mr. Christopher's activities have included service as President of the Board of Trustees of Stanford and as Chairman of the Board of Trustees of Carnegie Corporation of New York. He has been a Director and Vice Chairman of the Board of the Council on Foreign Relations. He was also a co-chair, with James Baker, of the National War Powers Commission, convened to determine the respective roles of the president and the congress in taking the nation to war.

He authored four books: In the Stream of History: Shaping Foreign Policy for a New Era (Stanford, 1998), Chances of a Lifetime (Scriber 2001), Diplomacy, the Neglected Imperative (published privately in 1981) and Random Harvest (published privately in 2005).

"Warren Christopher was a distinguished attorney, an outstanding diplomat, an astute statesman and a wonderful person,"In 2008, O'Melveny & Myers and a number of its current and retired partners committed $1.5 million to endow the Warren Christopher Professorship of the Practice of International Law and Diplomacy, a joint appointment between Stanford Law School and the Freeman Spogli Institute for International Studies.

"Warren Christopher was a unique and a very special person," said Law School Dean Larry Kramer. "He was brilliant and thoughtful, generous, modest, and unselfish to the core. In everything he said and did, he embodied what we mean when we talk of someone as classy.

 "Warren Christopher was a distinguished attorney, an outstanding diplomat, an astute statesman and a wonderful person," said Coit D. Blacker, Director of the Freeman Spogli Institute for International Studies and the Olivier Nomellini Professor in International Studies. "How appropriate it is to have a gift that lives on for the next generation of leaders and public servants that honors his talent, his prescience, his leadership and his remarkable career in both the law and diplomacy. We will miss him and his wise counsel."

 

All News button
1
Authors
Marwa Farag
News Type
News
Date
Paragraphs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

All News button
1
-

Edward C. Luck, as Special Adviser to UN Secretary-General Ban Ki-moon, is charged with the conceptual, political, and operational development of the responsibility to protect.  An Assistant Secretary-General of the United Nations, he also serves as Senior Vice President for Research and Programs at the International Peace Institute, an independent think tank based in New York.  From 2001 to 2010, Dr. Luck was Professor of Practice in International and Public Affairs and Director of the Center on International Organization, both of Columbia University.  A past President and CEO of the United Nations Association of the USA, he has served the UN in a variety of capacities, taught at Princeton and Sciences-Po (Paris), and founded a research center co-sponsored by the NYU School of Law and Princeton’s Woodrow Wilson School.  Among his books are United Nations Security Council: Practice and Promise (Routledge, 2006 and 2011), International Law and Organization: Closing the Compliance Gap, with Michael Doyle, (Rowman & Littlefield, 2004), and Mixed Messages: American Politics and International Organization, 1919-1999 (Brookings, 1999).

Stanford Law School 280B

Edward Luck Assistant Secretary-General of the United Nations and special Adviser to the UN Secretary General Ban Ki-Moon Speaker
Lectures
-

About the speaker:

Dr. Franz Cede is a retired Austrian diplomat who served as the Austrian Ambassador to Russia (1999-2003) and to NATO (2003-2007). He also was the Legal Advisor to the Austrian Foreign Ministry. He has a strong California connection dating back to the time when he was the Austrian Consul General in Los Angeles 20 years ago. Dr Cede holds the degree "Doctor of Law" from Innsbruck University. He received an M.A. in international affairs from the School of Advanced International Studies (SAIS) in Washington, D.C., and is currently an associate professor at the Andrassy University in Budapest, Hungary. Dr. Cede has published several books and articles in the field of international relations, international law and diplomacy.

Jointly sponsored by The Europe Center at the Freeman Spogli Institute for International Studies, and the Center for Russian, East European and Eurasian Studies.

 

Audio Synopsis:

In this talk, Dr. Cede details his views on Russia's evolving relationships with the EU, NATO, and the US, drawing on his experiences as Austrian ambassador to the Soviet Union from1999 to 2003. Cede first outlines his perceptions of present-day Russia-US and Russia-NATO relations. Russia, he explains, still thinks in Cold War terms of bilateral relations and considers the United States to be its primary strategic partner on global security issues, especially in light of the Obama administration's recent "reset" of relations and ratification of the new START treaty. In contrast, Russia views NATO as outdated and yet still a threat. Its expansion to the East is viewed with suspicion by Putin's administration, which considers these developments to be distinctly anti-Russian. Russia engages with NATO only to the extent that it believes it can influence the organization's behavior and policies toward Moscow.  Still, in Cede's experience, the NATO-US-Russia triangle continues to be at the forefront of Russian policymakers' dialogue. Russian leaders prefer to avoid dealing with the EU because it lacks a coherent foreign policy, and also because Russia prefers bilateral relations with countries that offer a strategic benefit. Dr. Cede quotes Timothy Garton Ash, who wrote in a recent op-ed that "much of the Russian foreign policy elite treats the European Union as a kind of transient, post-modern late 20th century anachronism: flawed in principle, and feeble in practice. What matters in the 21st century, as much as it did in the 19th century, is the...determination of great powers." Dr. Cede cites the Georgian military intervention and recent Ukrainian gas crisis as examples of Russia's renewed attempts to reestablish dominance in its neighborhood.  

In the second portion of his talk Dr. Cede traces the evolution of Russian views of the EU and NATO.  Ten years ago, the EU-Russia relationship was largely ignored in the Russian media. When Cede asked Russian citizens for their views on the EU, they "either didn't know or didn't care." As Ambassador, Dr. Cede found Russian officials better informed, but  disdainful of being given orders by EU donors and "treated like a developing country." Cede illustrates this dynamic by recounting the 2004 incident in which the EU forced the residents of Russia's Kaliningrad Oblast region to apply for EU Shengen visas, which then required special permits to travel throughout Russia.  Western assurances that EU expansion to the east was not an attack on Russia but rather an attempt to extend stability to the Eastern bloc fell on deaf ears. Cede believes that notwithstanding Russia's attitude, the country is too big to ever join the EU, or to be influenced by Europe in its policy decisions. Because Russia still views itself as "one of the poles in a multipolar world," Dr. Cede insists that any change must come from within the country. However, Cede views Russia's candidacy to the WTO, which would require a clearer commitment to democracy and open economic policies, as a glimmer of hope.

Finally, Dr. Cede outlines several "permanent" features of Russia's relationship with the world, including economic interdependence, lack of cooperation on security policy, and weak relations with stateless organizations like the EU and NATO. He lays out several recommendations, which are elaborated on during the Q&A session:

  1. EU policymakers and other Western powers (notably the US) should strengthen their common Russia policy. Given the EU's dependence on Russia for oil and gas, it should also diversify its own energy sources to strengthen its bargaining position.
  2. The EU should consider membership for "bridge countries" such as Ukraine, Moldova, and Belarus.
  3. Personal diplomacy between universities, civil society, and citizens is important.  This includes reevaluation of visa policy. Cede hopes that the advent of the internet will also help improve attitudes between Russia and the rest of the world.

Reuben W. Hills Conference Room

Franz Cede Former Austrian Ambassador to Russia Speaker
Seminars
Subscribe to International Law