Friday, August 31, 2007
... 1957 (50 years ago today), at midnight, the Federation of Malay became independent of British rule. The multi-ethnic, multi-religious country known today as Malaysia (flag at right) "boasts one of south-east Asia's most vibrant economies, the fruit of decades of industrial growth and political stability."
Thursday, August 30, 2007
"Approximately 250 journalists crowded the press section of Courtroom 600 -- on some days such as on opening day, November 20, 1945, or the verdict announcement on August 31, 1946, every last seat was occupied," Peter Heigl writes, in his book Nürnberger Prozesse - Nuremberg Trials, of media coverage of the 1st proceeding, known as the Trial of the Major War Criminals. Reporters hailed from a score of countries, including 80 Americans, 40 Français, 35 Soviets, 20 Poles, 12 Czechs, and 5 Germans. They were joined by broadcasters, photojournalists, and authors, all of whom came to see what was happening at Nuremberg.
This media throng included a number of women, some of whom are profiled in Nancy Caldwell Sorel's The Women Who Wrote the War. Women journalists at Nuremberg included:
During World War II the New York Herald Tribune's assignment of Long to its London office drew this objection from New York Times reporter F. Raymond Daniell, who'd cover the Scottsboro case, among others, before the war: "You don't want a girl. This is a man's job." Long, who'd been born in Berlin and educated in London and Paris, no doubt proved her mettle: within years the couple were married. For decades thereafter they were a dynamic journalistic duo; they're pictured above covering a press conference at the Nuremberg Palace of Justice. While posted in Ottawa in 1954, the couple delivered remarks to the Empire Club of Canada. Long's account of her own experiences and observations on the world's growing interdependence began with this subtle prod to her hosts:
I am greatly honoured to be here today. Indeed I am very flattered to be here, since I understand that it is rare that meetings of this group are open to the ladies.
'I wrote fiction because I love to, and journalism from curiosity which has, I think, no limits and ends only with death.'
was one of the few women journalists covering the Nuremberg trials who attained access to the defendants. Mann's experience with cabaret irony attuned her senses to the macabre spectacle of unrepentant Nazis treating their trials as a performance. She later commented, 'no spookier adventure could be imagined.'
When you look at the startling ruins of Nuremberg, you are looking at a result of the war. When you look at the prisoners on view in the courthouse, you are looking at 22 of the causes.
... 1967 (40 years ago today), "[a]fter lengthy and often very heated debate the Senate confirmed the appointment" of Thurgood Marshall to the U.S. Supreme Court. He became the 1st African-American person to serve on the country's highest court. (Mightn't he have been the 1st person of African ancestry to serve on any supreme court outside of Africa?) Marshall (left), who'd appeared frequently before the Court to argue landmark civil rights cases and then as Solicitor General, served as an Associate Justice for 23 years. He died at age 86 in 1993. (portrait by Simmie L. Knox from the Collection of the Supreme Court of the United States)
Wednesday, August 29, 2007
The publishers' description underscores the place of military justice within the larger study of systems of justice:
With prosecutions arising from the abuse at Abu Ghraib to ongoing cases alleging atrocities against civilians in Iraq, as well as courts-martial of uniformed war resisters at home, the military justice system now has a prominence unmatched since the Vietnam era. This higher profile for court-smartial, combined with the difficult and fundamental legal issues raised by the military commissions, suggests that military courses will now be in great demand. This casebook['s] coverage of the U.S. court-martial and other national and international systems of military criminal law provides a framework through which students can explore the role and operation of military justice within a democratic society.
Heartfelt thanks to blogger Dominik Zimmerman, Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, for alerting us. Happy too to see a number of women among the contributors. All 3 are based in Sweden: Matilda Arvidsson, University of Lund; Patricia Rinwigati, Uppsala University; and Katinka Svanberg, Stockholm University.
... 1842 (165 years ago today), Queen Victoria of Britain and China's Qing Emperor concluded the Treaty of Nanking, which ended an armed conflict between the 2 countries, one that would come to be known as the First Opium War. The war had begun in 1839, after China destroyed thousands of casks of Indian opium intended for sale by the British in China, contrary to a ban that China had imposed.
Tuesday, August 28, 2007
As discussed in prior posts (here, here, here, and here), the case presents the question, among others, of whether the Military Commission Act of 2006 (MCA) unconstitutionally suspended the writ of habeas corpus in violation of the Suspension Clause, which states:
The MCA purportedly barred the writ for pending cases wherein it states:
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the U.S. who has been determined by the U.S. to have been properly detained as an enemy combatant or is awaiting such determination.
In prior proceedings, the government argued that the historic writ of habeas corpus would not have extended to alien enemy combatants held extraterritorially, so the MCA works no “suspension” within the meaning of the Constitution. This is notwithstanding that the Court in Rasul v. Bush, 542 U.S. 466, 480 (2004), clearly ruled that Guantánamo was within the territorial jurisdiction of the United States and that the writ did extend to Petitioners. Id. at 481-82. In the alternative, the Government has argued that Petitioners—as aliens outside sovereign U.S. territory—have no constitutional rights. Petitioners have responded that the Suspension Clause—situated in Article 1 of the Constitution—creates no individual rights, bur rather is a structural constraint on Congress providing
constitutional protection to a preexisting right founded in the common law: the right to obtain independent judicial review of a detention to ensure that no person is deprived of liberty by the Executive without a satisfactory basis in law and fact.
Al-Odah v. United States, Brief For Petitioners El-Banna et al.
Following the Supreme Court’s holding in Rasul v. Bush, the Department of Defense convened Combatant Status Review Tribunals (CSRTs) to determine whether an individual could be detained as an “enemy combatant.” The Department also established Administrative Review Boards (ARBs) to meet annually to determine whether this designation still holds. The Al-Odah & Boumediene cases also present the question of whether the CSRTs and ARBs provide an adequate substitute for habeas corpus where they provide only limited rights of participation and confrontation, deny the right to counsel, admit evidence procured by torture and coercion, admit hearsay and other evidence that would otherwise be inadmissible, are apparently subject to command influence, and are not subject to plenary review on appeal. Testimony from former CSRT participants about these procedural flaws in the process, including Lt. Col. Stephen Abraham (upper left, photo by Chris Carlson/NPR), probably led to the Supreme Court reversing its original denial of certiorari in the cases.
Stay tuned for the government's briefs....
[by IntLawGrrl Beth Van Schaack, under her pen name Eleanor Roosevelt]
The International Human Rights Section of the Association of American Law Schools invites abstract proposals from "faculty members and other scholars who have not previously had an opportunity to present a scholarly paper at an AALS annual meeting." Persons accepted will present at a morning session on Friday, January 4, 2008, during the annual meeting to be held in New York. Deadline's September 26, 2007; for details, contact email@example.com.
... 1963, in what a Washington, D.C.-based reporter called "the greatest assembly for a redress of grievances that this capital has ever seen," more than 200,000 women, children, and men marched for civil rights. Leaders met at the White House with a welcoming President John F. Kennedy. Among the speakers who followed a performance by Paris-expatriate-American Josephine Baker at the Lincoln Memorial was the Rev. Martin Luther King Jr. , who delivered his famous "I Have a Dream" speech, a video of which is posted below.
Monday, August 27, 2007
No less than five men have been heralded by historians as the "father" of the modern birth control pill. In reality, it was two women who had both the foresight and the determination to transform women's sexual lives.
Sunday, August 26, 2007
France’s intervention will definitely not be military. But playing on the 30-year relationship between Kouchner and Iraqi President Jalal Talabani, who has close ties to Kurdish and Shiite leaders, may help speed a political solution. France’s involvement in Iraq since 2003 has been limited to writing off about $5.5 billion in debt and pushing for greater UN role. British and German leaders welcome the move as much as the United States does. But the “prevailing view” in the French diplomatic corps is that negotiating is futile; “the civil war needs to run its course”. Some also fear that getting involved will ruin France’s diplomatic standing in the rest of the Arab world and open it up to more terrorist attacks. But both conservative and left newspapers agree that it’s time to stop gloating about being right and get back to playing on the international scene. Does this mean we can get back to eating "French" fries?
... 2002 (5 years ago today), the World Summit on Sustainable Development, known colloquially as Earth Summit 2002, opened in Johannesburg, South Africa. The U.N.-sponsored meeting closed 10 days later with adoption of a Political Declaration. A Guardian (London) recap is here.
... 2007 (today), Americans celebrate Women's Equality Day on this 87th anniversary of U.S. women's suffrage. Not a Hallmark holiday yet, but 1 that politicians're eager to honor (see here and here and here).
230 years ago, our forefathers fought a war to throw off the yoke of a European monarch and gain the freedom of self-determination. Texans long ago decided that the death penalty is a just and appropriate punishment for the most horrible crimes committed against our citizens. While we respect our friends in Europe, welcome their investment in our state and appreciate their interest in our laws, Texans are doing just fine governing Texas.
Agree, Roger, with one caveat: Isn't it possible that Texas' response was meant neither to be cute nor mocking, but rather dead serious?
This is cute, but regrettable. Governor Perry doesn't seem to take the EU's statement seriously. Of course, the EU is not suggesting that it wishes to 'govern Texas.' It is simply engaging in public diplomacy about an issue of global concern. Recognizing Texas's sovereignty over this issue, it is issuing a diplomatic request for Texas to consider a moratorium.
Rather than mock the European Union's respectful diplomatic overture, I wish Governor Perry would take it seriously and address the EU's concerns on the merits.
Saturday, August 25, 2007
"Agora," of course, is the Greek word for the marketplaces, like the one at right, where Socrates, Plato, and other men of intellect conducted public discourse. It's perhaps too apt a term here:
Couldn't help noticing that out of all the articles AJIL published -- 7 total in part 1 and part 2 -- not 1 was written by a woman.
That couldn't have been for lack of 1 able to take on the task. The notion that women do not think and work and write on issues critical to national security is, as posted before, simply wrong. At least 8 IntLawGrrls've published in the area, on military and postconflict justice, the Geneva Conventions, counterterrorism, humanitarian law: Elena Baylis (Amelia Earhart), Mary Coombs (Charming Betsy), Elizabeth Lutes Hillman (Vera Brittain), Naomi Norberg (Anna Koransky) Diane Orentlicher (Beatrice), Naomi Roht-Arriaza (Gabriela Mistral), Beth Van Schaack (Eleanor Roosevelt), and I. So too have many of our colleagues; just a few of the names that jump to mind are Rosa Brooks, Laura A. Dickinson, Jenny Martinez, Mary Ellen O'Connell, Leila Nadya Sadat, Jane Stromseth, and Ruth Wedgwood.
The absence of any such voices in this Agora makes for an unfortunate reinforcement of an outdated misapprehension about who is expert on matters of international law and national security.
Born in Brooklyn to immigrant parents, Kanowitz was a feisty organizer for the feisty International Longshoremen's and Warehousemen's Union before he began his law studies. As a postgrad in the early '60s he took part -- as the lone man -- in a women-and-the-law group put together by Ruth Bader Ginsburg, then a law professor at Columbia and now, of course, the lone woman on the U.S. Supreme Court.
Ginsburg's casebook coauthor, Herma Hill Kay, law professor and former dean at the University of California, Berkeley, told Chronicle reporter Bob Egelko that through his book Women and the Law: The Unfinished Revolution (1969), Kanowitz
called people's attention to the fact that the way the law was treating women could be viewed as a civil right, a human right, and not just a woman's right.
... 1989, Mayumi Moriyama (right) became the 1st woman to hold the influential post of Chief Cabinet Secretary in Japan. She had been Japan's delegate to a U.N. conference on women in 1985 and served on the legislature's foreign affairs committee. Moriyama remains in government, and has served as Minister of Justice since 2001.
Friday, August 24, 2007
... 2006, in a move that rendered longstanding notions of the solar system obsolete, the nongovernmental organization International Astronomical Union determined that Pluto is not a planet, as schoolchildren'd been told for decades. That celestial body -- named in 1930 on a suggestion from 11-year-old English schoolgirl Venetia Burney (above) -- is now classified as a "dwarf planet," along with other bits and pieces orbiting the sun.
Thursday, August 23, 2007
As a 23-year-old, Coliver translated the pretrial testimony of high-ranking Nazi officer Hermann Goering for American interrogators.
'He was not particularly thrilled to see a woman, a Jewish woman, as his interpreter,' she told the Bulletin in 1995.
Coliver surprised herself by later asking Goering to sign a program. 'Then, I was ashamed of myself,' she told the Bulletin. 'Why would I be getting an autograph from Nuremberg?' So she asked her boss to sign as well. He did, next to Goering's signature, and wrote 'To Edith Simon, who helped hang the same.'
Today Fakiri's married and the mother of a young son. She's stayed on even after stepped-up violence drove other expats out of Afghanistan, and she'd rather not leave:
'In the beginning, I didn't think women would be able to open businesses and be able to pay back the loan,' Fakiri said. 'But about 98 percent are paying off their loans. If the security is good, I could stay here forever.'
... 1927 (80 years ago today), following years of litigation challenging their convictions for a 1920 double murder, Nicola Sacco, Bartolomeo Vanzetti, and Celestino Madeiros died by execution in Massachusetts' electric chair. The case of Sacco and Vanzetti, anarchists of Italian origin, had become an international cause célèbre, and their execution sparked protests as near as Boston and New York, as far away as Buenos Aires and beyond.
Wednesday, August 22, 2007
This suit and its resolution reflect the complexities of law structured around fixed levels of governance attempting to address a problem like climate change. Localities are often at the front-end of forwarding more progressive climate policy, such as in their joining international coalitions of cities, developing greenhouse gas emissions plans, and pledging to meet Kyoto standards. But this dispute serves as an important reminder that localities also are important sites in the dialogue about whether economic development and emissions reductions can be reconciled. For example, Warming Law Blog has reported on the massive political tensions surrounding this suit. As our carbon economy faces up to the crisis of climate change, these kinds of conversations will only become more critical.
Readers may recall that for months we at IntLawGrrls have stayed on the trail of women who served on the team that prosecuted defendants before the International Military Tribunal at Nuremberg. The quest was launched by Diane Orentlicher, who's assumed the IntLawGrrl nom de plume of "Beatrice" in recognition of a conversation that our colleague Patricia Viseur-Sellers had with IMT prosecutor Benjamin Ferencz; he said
that, along with another woman whose name he could not recall, 'Beatrice' was part of the Nuremberg Prosecution team.Later, another source relayed a story that 1 of the women at Nuremberg was married to a male prosecutor, a fact the couple tried to keep quiet.
Sleuthing's led us to believe that Ferencz might've had in mind Cecelia H. Goetz, a New Yorker who appeared before the bench during the "industrialists" trial of Alfred Krupp. Other names of women prosecutors at Nuremberg also have surfaced: Phillis Heller Rosenthal, Belle Mayer Zeck, and Mary Kaufman.
Were those 4 all the women who prosecuted at Nuremberg? These are Americans -- did women work with the Russian, English, or French teams? And what of "Beatrice"?
According to a slim but excellent volume I picked up this summer at Nuremberg, the answer to the 1st question quite clearly is "no."
In his German-English book Nürnberger Prozesse - Nuremberg Trials (2001), Peter Heigl writes:
[I]t is interesting to point out that staffs were comprised about equally of both genders, with the exception of the all-male judges and the prosecutors and defense lawyers; at the follow-up trials there were three female prosecutors and a few female defendants. (pp. 52-53)
The only 1 of those "3" prosecutors whom Heigl gives a name is altogether new: Dorothea G. Minskoff, pictured above next to a defense attorney at a Ministries case hearing. No other names're mentioned, nor any more information given.
A 1948 directory of IMT personnel, however, provides additional clues. Goetz is listed, as is to be expected, and Mary Kaufman, too. But the only Mayer was named Hilde, and neither Heller nor Rosenthal is there. An interesting find: the listing for Dorothea G. Minskoff reveals her at the same address as Emanuel Minskoff, a prosecutor in the I.G. Farben case. Is this the couple mentioned in the story above?
Even more intriguing, 2 women named Beatrice served at IMT in 1948, Beatrice E. Benford and Beatrice O. Bushnell. Might 1 be our "Beatrice"?
Still to come in this Women at Nuremberg series: Staffers, Press, Witnesses, and, alas, those Defendants.
Take 'em to court. A federal criminal court, that is, not a newfangled court offering at best due process lite (as I too argued here).
Former federal prosecutor Kelly Anne Moore (right), a partner at Morgan Lewis in Manhattan.
Moore, who was "recognized by President George W. Bush for her contributions to the war on terrorism" while serving from 2002 to 2006 as chief of the Violent Crimes and Terrorism Section in the Office of the U.S. Attorney for the Eastern District of New York, in Brooklyn, writes:
The United States does not need a new and untested detention system for terrorists. The existing federal system has a proven track record of dealing with complex prosecutions.
... I have had firsthand experience doing just what proponents of a national-security court say is impossible.
... 1910, by Treaty, Japan annexed Korea, which had been a protectorate. The move effectively colonized Korea. As recently as 1995, a claim by Japan's Prime Minister that the annexation had been "legal" aroused anger in both North and South Korea.
Tuesday, August 21, 2007
►International Military Tribunal at Nuremberg: Whitney Harris, Henry King
►International Criminal Tribunal for the former Yugoslavia: David Tolbert
►International Criminal Tribunal for Rwanda: Hassan Jallow
►International Criminal Court: Luis Moreno-Ocampo
►Special Court for Sierra Leone: David M. Crane, Desmond DeSilva, Stephen Rapp
►Extraordinary Chambers in the Courts of Cambodia: Robert Petit
Moderating the event, whose cosponsors include the American Society of International Law, will be a number of international criminal law experts. Among them is our colleague Leila Nadya Sadat. She's the only woman on the program, though women've worked on the prosecution in all these jurisdictions. One is Cecilia Goetz (above), among a number of women prosecutors at Nuremberg. Learning more about them is, thanks to our own Beatrice, an ongoing IntLawGrrls quest. (More on Goetz' colleagues -- IntLawGrrls Women at Nuremberg series --begins tomorrow.)
Understood that U.N. High Commissioner for Human Rights Louise Arbour, once Chief Prosecutor at the ad hoc tribunals, and her successor, Carla del Ponte, might be tad busy these days. But perhaps future sessions -- with luck, this "International Humanitarian Law Dialog" will become an annual event -- will feature them or others who might add insights to what promises to be a powerful dialogue.
... 1944, delegates from 4 Allied countries, the United States, Britain, the Soviet Union, and China, opened the Dumbarton Oaks Conference. Held at a mansion (left) in the Georgetown neighborhood of Washington, D.C., the meeting, which ended with October 7 proposals, led to establishment the following year of the United Nations.
Monday, August 20, 2007
Sunday, August 19, 2007
... 1883, Coco Chanel, as the woman given the birthname Gabrielle "was known the world over," was born. By the time of her death 87 years later at the Ritz hotel in Paris, she'd become "one of the greatest couturiers of the 20th century" and purveyor of the still-bestselling fragrance, No. 5. Describing her as "shrewd, chic and on the cutting edge," a Time profile contended that although Chanel did not consider herself a feminist, she aided "the liberation of women" by promoting easier-to-wear attire.