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NEWS F RO M TJI
June 2009
DIRECTORATE INTRODUCTION
Dr Antoine Buyse, Assistant Professor at the Netherlands Institute of Human Rights, Utrecht University,
delivered a seminar on “Post Conflict Housing Restitution” at the Jordanstown campus on 18 March Wed 10 June, 12.30pm
2009. The seminar focused on how the loss of one’s house is often one of the most dramatic personal
consequences of armed conflict. In fragile Professor Eckart Klein
post-conflict societies such a loss does not (Director, Human Rights Cen-
only cause a flow of refugees and other dis- tre & Professor Emeritus,
placed persons, but it can also be a source of Potsdam University)
renewed conflict. Restitution of housing could
help to solve these problems and thus help to “The Relationship between
attain peace and to rebuild the rule of law. The the European Court of Hu-
seminar identified the stumbling blocks which man Rights and the Euro-
hampered restitution and assess solutions
pean Court of Justice”
from a human rights perspective. It also fo-
cused on the way in which restitution was im-
plemented in Bosnia and Herzegovina in the Dalriada House,
wake of the 1995 Dayton Peace Agreement. Jordanstown campus
Dr Buyse is a Visiting Scholar at TJI.
Seminar with Dr Buyse, Jordanstown campus
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TJI was delighted to co-host (with the Law School at QUB, CAJ and British Irish Rights Watch) a reflec-
tive two-day event focused on analysis and probing of the Report of the Consultative Group on the Professor Christine Bell
Past. The event brought together academic experts across various disciplines, human rights organi- was appointed to a UN
sations, victims and survivors, policy makers as well as governmental and political representatives.
panel of experts on tran-
The gathering of such a varied and representative grouping affirmed the importance of addressing
sitional justice by the
the ‘past’ for Northern Ireland.
Office of the High
Commissioner on Hu-
The event was opened by the co-chairs of the Consultative Group Denis Bradley and Lord Robin man Rights. She at-
Eames. Their introductory presentation to the conference evidenced the profound personal journey tended the expert semi-
that they (and members of the consultative group) had experienced in undertaking the Report, as
nar on Developments
well as their ongoing commitment to the process of a truth telling mechanism for Northern Ireland.
Both days were organised and Future Directions
around thematic panels, all on Transitional Justice in
aimed at teasing out the Geneva at the end of
legal, policy, psychological May 2009.
and political implications of
the Consultative Group’s
Report. The panels included
probing assessment of what
kind of legal framework
would be required to make
Professor Fionnuala Ni
any truth recovery process Aolain was invited to
compliant with international participate in an Expert
legal norms; and what pow- Seminar organised by the
ers would various units pro- Working Group
posed by the Consultative “Protecting human
Group’s report require in rights while countering
order to be legally effective. A final challenging panel on Panel of representatives from political parties terrorism”, part of the
Day 1, also examined what the exclusion of socio-economic and gender issues from the scope of a United Nations
past focused inquiry would mean for victims. It reflected on the need for a full and deep sense
Counter-Terrorism
across multiple measurements of the cost of the conflict for multiple sectors and victims broadly
defined. The most searching panel of the conference was the Panel bringing the perspectives of Implementation Task
victims and survivors of the conflict to the fore. The depth and veracity of experience articulated by Force.
the panellists as well as the response of those listening in the audience affirmed the extra-ordinary
power that narrative and telling one’s story (or the story of others) can have on our understanding of
past events. Other compelling sessions included discussions concerning the role of former political
prisoners and combatants, and analysis of the perspectives of groups and individuals often viewed
as disengaged in or disenfranchised from truth telling processes. The conference was rounded off by
a session involving the major political parties in the jurisdiction. Professor Colm
Campbell delivered a
Overall the conference was an extraordinary success, bringing together key stakeholders and affirm- paper on
ing TJI’s ongoing commitment to the praxis of intellectual engagement and practical policy making. 'Law Invades Utopia: The
Past, the Peace & the
Parties'
HART SOCIO-LEGAL BOOK PRIZE at “Dealing with the
Past” International
Scientific Conference
Professor Christine Bell has been awarded the Hart Socio-Legal Book
Prize for her book “On the Law of Peace: Peace Agreements and the Organized by the Politi-
Lex Pacificatoria” (Oxford University Press, 2008). The prize is cal Science Research
awarded annually by the Socio-Legal Studies Association (SLSA) for Centre (PSRC) Forum,
‘the most outstanding piece of scholarship’ and aims to celebrate and April 23-24 2009, Za-
promote the work of socio-legal academics. The prize was presented greb, Croatia.
to Professor Bell at a ceremony which took place during the SLSA An-
nual Conference at Leicester De Montfort Law School in April 2009.
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N e w s f r om TJ I Page 5
I N Q U I R I E S O B S E RVA T I O N P R O J E C T
In 2004, Canadian Judge Peter (TJI) successfully tendered to nator also reports on other how best to deal with ‘the past’
Cory announced the findings of the Committee on the Admini- events related to the Inquiries in Northern Ireland. This will
his investigations into six stration of Justice (CAJ) and (such as anonymity requests entail critically examining the
deaths where collusion be- British Irish Rights Watch and Judicial Review proceed- operation of the Inquiries Act
tween State forces and both (BIRW) for a project to observe ings), and these updates and 2005 and assessing the role(s)
loyalist and republican paramili- these public inquiries. summaries are posted on the that public inquiries usually
taries had been alleged. Three Daily reports of public CAJ and BIRW websites perform.
of these cases are currently the hearings at each Inquiry are (www.caj.org.uk and Separately, we extend
subject of separate public in- compiled by a small group of www.birw.org respectively). our sincere congratulations to
quiries in Northern Ireland, and students on the LLM in Human Whilst the main pur- BIRW which recently won the
are concerned with the murders Rights Law programme. Report- pose of the project is to sum- prestigious Count of Europe
of Lurgan solicitor Rosemary ing involves visiting hearings as marise proceedings and high- Parliamentary Assembly (PACE)
Nelson, Portadown Catholic well as examining the daily tran- light issues for concern as the Human Rights Prize, awarded
Robert Hamill, and LVF leader scripts published by each In- Inquiries take place, it is also for ‘outstanding civil society
Billy Wright (who was killed quiry. In turn, these reports hoped that the observations action in the defence of human
inside the Maze Prison). feed into fortnightly summaries and final project report (due in rights in Europe’.
In November 2008, which are written up by the 2010) will helpfurther inform Ms Colleen Smyth,
the Transitional Justice Institute project coordinator. The coordi- the continuing debate about Inquiries Observation Project Coordina-
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N E W S TA F F A T T J I PHD NEWS
Ms Khanyisela Moyo
SUMMER INTERNSHIPS AT TJI and Mr Thomas Bund-
schuh (PhD Research
Fellows with TJI) both
successfully completed
The TJI will host a number of years as a program coordinator Transitional Justice and Recon- their viva voces this
interns from University of Min- at a community violence pre- ciliation in Northern Ireland. In
nesota and the University of vention non-profit organization 2008 she successfully com- semester.
Vienna during the Summer in St. Paul, Minnesota. pleted practical training in Congratulations to
semester . Ms Elizabeth Super, Conflict Transformation at the Thomas and Khanyisela!
Ms Moira Lynch, is a also from the University of University of Klagenfurt which
PhD candidate in Political Sci- Minnesota will be in residence was organised by the Institute
ence at the University of Min- as an intern from May until for Integrative Conflict Trans-
nesota. Her research interests July. Elizabeth, a second-year formation and Peacebuilding
include post-conflict justice law student , is working on the (IICP). She has recently joined Ms Catherine
processes, vetting/lustration, Inquiries Observation Project at an academic research group at O’Rourke delivered a
human rights, and norms and TJI for two months this sum- the IICP. guest lecture on
institutions. She will undertake mer. She will be creating a Valerie is assisting “Women and Peace
an internship with TJI as part of matrix of the decisions made with the preparations for the Agreements”, MA Gen-
the Transitional Justice Part- within the Inquiries, as well Transitional Justice Summer der, Conflict and Hu-
nership exchange programme. as writing an essay about School in Magee campus in
man Rights at the
While in residence at the TJI how the Inquiries have June 2009. She has also been
she will further her research on been influenced by their obliga- conducting extensive inter- American University,
the selection and design of tions under Article 2 of the views for her own research Washington DC in Feb-
transitional justice mecha- European Convention on Hu- project. ruary 2009.
nisms in post-conflict socie- man Rights. Elizabeth gradu-
ties. Moira received a Bache- ated in 2008 from the College
lor’s degree in Interdisciplinary of Saint Benedict with a Bache-
Studies with a focus in Political lor of Arts degree in Political Ms Aisling Swaine
Science and Women’s Studies Science. She intends to pursue jointed a delegation of
from Miami University in a legal career in the field of the Irish Government’s
2000. Prior to her graduate international human rights. Conflict Resolution
studies, Moira interned with Ms Valerie Kainz is Unit on a visit to
the Glencree Centre for Recon- studying International Develop- Timor-Leste in February
ciliation, volunteered with the ment and Law at the University
Northern Ireland Women’s
2009 advising on its
of Vienna. She is currently work on women, peace
Coalition and worked for three L to R: V alerie Kainz, Elizabeth
writing her Masters thesis on Super & Moira Lynch and conflict.
N e w s f r om TJ I Page 7
Professor David Cole, Professor at Georgetown University Law Center and Academic Director of the Center for
Transnational Legal Studies in London. He is also a volunteer attorney for the Center for Constitutional Rights,
the legal affairs correspondent for The Nation, and a regular contributor to the New York Review of Books. He is
the author of five books, most recently Justice at War: The Men and Ideas That Shaped America’s “War on Ter-
ror.” His previous books have won many awards, including the Palmer Civil Liberties Prize in 2007, the Ameri-
can Book Award in 2004, and Boston Review’s Best Non-Fiction Book of the Year in 1999. He has litigated
many significant constitutional cases, including Texas v. Johnson and United States v. Eichman, which ex-
tended First Amendment protection to flagburning. Since 9/11, he has been involved in many of the nation’s
most important cases involving civil liberties and national security.
Professor Nina Pillard joined the Georgetown Law faculty in 1997 after a decade as an accomplished litiga-
tor. She teaches civil procedure, constitutional Law, American and transnational legal theory, and various labor
and employment courses. Her current research interests include the constitutional and statutory law of equal-
ity with a focus on social welfare and work, and the legal theory of globalization. Following a clerkship with the
Honorable Louis H. Pollak in 1987-88, Nina held the Marvin M. Karpatkin fellowship at the ACLU (1988-89),
litigated individual and class-action racial discrimination cases and appeals at the NAACP Legal Defense and
Education Fund, Inc (1989-1994), and, as Assistant to the Solicitor General (1994-1997), represented the
United States in the Supreme Court on a wide range of civil and criminal cases. Shortly after joining the faculty,
Professor Pillard took a leave in 1998-2000 to work in the Department of Justice under President Clinton as
Deputy Assistant Attorney General, Office of Legal Counsel. Her Supreme Court work, both before and during
her time at Georgetown, includes more than twenty-five cases that she has briefed and eight that she has ar-
gued before the Court, plus active involvement in Georgetown’s Supreme Court Institute. In 2008-2009, Nina worked in London for
Georgetown Law as founding Academic co-Director and Professor at the Center for Transnational Legal Studies (CTLS).
Professor Eckart Klein is Professor Emeritus of Constitutional Law, Public International Law and European Law
and Director of the Human Rights Centre at the University of Potsdam, Germany. Professor Eckart Klein will be
in residence at TJI’s Jordanstown campus from 8 to 12 June 2009, during which time he will deliver a seminar
for staff and students and will work on research with Professor David Kretzmer. Professor Klein was a member
of the United Nations Human Rights Committee from 1995-2002. He has been a judge of the Constitutional
Court of the Land Bremen, and an ad hoc Judge at the European Court of Human Rights in Strasbourg. Profes-
sor Klein will deliver a seminar on “The Relationship between the European Court of Human Rights and Euro-
pean Court of Justice” on 10 June 2009 at the Jordanstown campus.
Professor Myron Orfield , Director of the Institute of Race and Poverty at the University of Minnesota will be in
residence at TJI’s Jordanstown campus in June 2009 during which time he will work on a research project with
TJI staff and deliver a seminar on Transitional Justice and Public Space. He is the Executive Director of the Insti-
tute of Race and Poverty, a non-resident senior fellow at the Brookings Institution in Washington, D.C., and an
affiliate faculty member at the Hubert H. Humphrey Institute of Public Affairs. He teaches and writes in the
fields of civil rights, state and local government, state and local finance, land use, questions of regional govern-
ance, and the legislative process. For 2005-06, Professor Orfield served as the Fesler-Lampert Chair in Urban
and Regional Affairs.