Educating Human Rights in Post-conflict Settings

sm-blogSean Molloy is a Principal’s Scholar in Law at the University of Edinburgh, where he is completing his PhD. In this blog, Sean reflects on discussions about Peacebuilding and Education in South Sudan held during the Inclusive Political Settlements Summer School. He goes on to discuss the relationship between human rights and education in post-conflict settings from a critical perspective.

I had the pleasure of attending the Inclusive Political Settlements Summer School at the University of Edinburgh last June. While there in the capacity as a rapporteur for the third day, I found myself becoming increasingly engrossed in the discussions and presentations in what proved to be a highly informative and constructive day. While each individual presentation warranted further discussion, one presentation in particular invoked a series of questions pertaining to the place of education in societies attempting to emerge from the shackles of violent conflict.

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Reflections from the Association of Human Rights Institutes 2016 Conference

Dr Kasey McCall-Smith and Dr Dimitrios Kagiaros attended the 2016 Association of Human Rights Institutes (AHRI) conference on behalf of the Global Justice Academy. The conference was hosted by the Netherlands Institute of Human Rights (SIM) of Utrecht University, and welcomed over 200 academics and researchers. In this short post, Kasey McCall-Smith reflects on the discussion.

The theme of the conference was ‘50 Years of the Two UN Human Rights Covenant: Legacies and Prospects’. The conference enjoyed presentations, debates and interventions from well-known faces on international human rights scene.

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Getting to Grips with Guantánamo IV: Person Zero & Camp 7

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the fourth in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

In my last post, the use of evidence obtained through torture in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) was introduced. This post further considers how torture impacts detainees held at Guantánamo and the 9/11 trial. An interesting addition to the already complex pre-trial considerations is the possible appearance of a detainee who has not been seen in public since he was rendered into the custody of the CIA. Abu Zubaydah, a Palestinian, is believed to have been taken into CIA custody in 2002 following his capture in Pakistan. After three years on a CIA ‘black site’, he was delivered to Joint Task Force-Guantánamo (JTF-GTMO) in 2006 where he remains a High Value Detainee (HVD) despite never having been charged with a crime. As characterised by former FBI agent, Ali Soufan, Zubaydah is the ‘original sin’ of the US in its post-9/11 anti-terror campaign.

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Getting to Grips with Guantánamo III: Torture Evidence

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the third in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Right now, on a small island in the Caribbean, what will ultimately be one of the most comprehensive examinations of torture is taking place in the form of a military commission proceeding in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case). A common understanding among the observers that are witnessing KSM is that half are there to see the 9/11 trial and half are there to see the torture trial. In anticipation of what many view as a foregone conclusion, the defence lawyers are diligently representing their clients in order to ensure that if the ultimate penalty, death, is pursued in the sentencing phase of the trial; then the brutality that they suffered at the hands of the CIA is in the trial record. This record will be instrumental to mitigation of the death penalty and speak to the reality that much of the evidence presented may have been extracted or derived through torture, which is prohibited under international law.

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Getting to Grips with Guantánamo II: Military Commissions & Law of War Detention

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the second in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo. Click here to read the first post in the series: ‘Rendition to the Caribbean’.

The military commission proceeding against the 9/11 five in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) is viewed as having parallel purposes, bringing justice to the nation and victims’ families for the terrorist attacks of 9/11 and laying bare the flagrant torture campaign under the US Central Intelligence Agency’s (CIA) post-9/11 Detention and Interrogation Program (DIP). The KSM case stems from charges filed on 31 May 2011 against the five men charged with conspiracy, murder and destruction of property in violation of the law of war for the conception and facilitation of the 9/11 attacks which resulted in the deaths of close to 3000 people. The subsequent ‘war on terror’ launched by the Bush administration in the aftermath set in motion a ruthless anti-terrorism campaign by the CIA that has been acknowledged by the US government as comprising widespread use of torture in breach of both US domestic law and international law.

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Realising Justice? Reflections on Negotiating Land Reform in Southern Africa

20160516_165223On 16 May 2016 the University of Edinburgh hosted a workshop funded by the British Academy and organised by Professor Anne Griffiths and the Benelex Project Research group, coordinated by Professor Elisa Morgera.

The full-day workshop addressed the issue of access to land as means to realise justice. The workshop intended to discuss four key questions:

  1. the norms that underpin international and transnational governance regimes regulating access to and use of land and the extent to which they have an impact on individual countries’ jurisdictions on land;
  2. who are the actors who are engaged in this field and to what extent do their perspectives overlap or conflict with one another when it comes to promoting equitable and sustainable governance over land;
  3. what impact does globalisation have on the recognition of the legitimacy of plural orders, such as statutory, religious or customary law, and the authority that is accorded to them?; and
  4. what are the most pressing challenges that counties face in administering land and implementing reform given the global pressures that are brought to bear by international and transnational agencies and institutions.

In this post, two visiting postgraduate students – Marghertia Brunori and Komlan Sangbana – offer some reflections from the day.

Marghertia Brunori

The four presentations of the workshop portrayed the same sensible question of access to land by four different angles, allowing to appreciate the subject in its multifaceted complexity.

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Getting to Grips with Guantánamo I: Rendition to the Caribbean

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the first in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Following the attacks against the US on 9/11, then-President Bush declared open-season on all individuals with any established link to al Qaeda. In furtherance of the Bush declaration, the US Central Intelligence Agency (CIA) commenced what would eventually prove to be the most egregious and calculated rendition and detention campaign in modern, post-WWII history. A campaign defined by blatant breaches of both US and international law. To this day, it serves as a black mark on America’s international image, and the resulting impact of the decisions taken by the Bush Administration in the early days of 2001 continue to resonate today.

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Brexit, Northern Ireland and UK-Irish Relations

CB profileThis post by GJA Director, Professor Christine Bell, was first published on the Centre on Constitutional Change blog on 26 March 2016, co-published with European Futures.

Amid pronouncements about the UK as an island nation, scant media or political attention has been paid to its only land border with the EU – between Northern Ireland and the Republic. However, says Professor Christine Bell in this extended analysis, the impact of Brexit on the institutions built up as part of the Peace Process would be considerable.

The EU referendum and the possibility of ‘Brexit’ raise distinct questions for Northern Ireland as a devolved region within the UK as part of the peace process. In the referendum debate, more attention needs to be given in the rest of the UK to Northern Ireland, the one part of the UK which has a land border with another EU country.

Political Divisions and the EU Referendum Campaign

The first key question as regards the EU referendum’s impact in Northern Ireland relates to the distinctiveness of its political settlement: how will the Brexit campaign affect political relationships – ever fragile – within Northern Ireland?

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War: Art and Creativity in Conflict Zones

IPOW borderLeah Davison reports on an evening workshop that examined the role of art and creativity in conflict zone.  Leah organised this with support from the Global Justice Academy’s and Global Development Academy’s Innovative Initiative Funds.

On 18 March the Edinburgh University International Development Society (EUID), in collaboration with University of Manchester based organisation In Place of War (IPOW), hosted an evening of talk and performance on the subject of art and creativity in conflict zones. The question at hand: what role can creativity play in the realm of social, political and economic development in areas of conflict, war and revolution?

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COP 21: the Global Challenge of Climate Change

Lauren Donnelly is reading for an LLM in Human Rights at Edinburgh Law School. In her role as a Global Justice Academy Student Ambassador, Lauren reflects on discussions raised from the Paris talks on climate change, including what Scotland can do.

On Saturday the 19th of March, the UN House Scotland held, “Climate Change: Global Challenges, Local Solutions Conference” to explore the impact of the much publicised 2015 Paris Climate Change agreement. The event consisted of two panel discussions, the first which examined from an international perspective and the second which explored the Scottish response, to the various challenges faced in achieving the goals set out in this agreement.

COP 21The opening address of conference was delivered by Tom Ballantine, the Chair of Stop Climate Change Scotland. The opening address paved the way for what was to be an inspiring and enlightened discussion throughout the afternoon. The presentation outlined briefly why climate change matters, the broader effects of climate change and climate change after the Paris agreement. It highlighted that climate change has been discussed since the nineteenth century, stressing that despite the fact that the developing world is contributing the least to climate change, these countries are most likely to suffer the impact of global warming. Expanding on this point, the presentation outlined that if we do not act urgently we can expect to see: coastal flooding and displaced people due to land loss; reduced yields of major crops; human insecurity; and mass poverty.

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