Humanitarian Rights in Humanitarian Crises 5 new format · related!but!distinct!bodies!of!human!rights!and!humanitarian!law,!which!both!provide ... Humanitarian Rights in Humanitarian

Joseph A. Martino Hall | Fordham University | 45 Columbus Avenue, 3rd Floor | New York, NY 10023

+1 212 636 6294 | [email protected] | fordham.edu/iiha | @iiha_fordham

Humanitarian Rights in Humanitarian Crises 5 July 6–10, 2015

Fordham University | New York, United States

STAFF LIST

COURSE DIRECTORS: Florian Razesberger, Ph.D., Head of Human Dimension Unit, OSCE Special Monitoring Mission to Ukraine Elisabeth Wickeri, J.D. Executive Director, Leitner Center for International Law and Justice at Fordham Law School and Adjunct of Law GUEST LECTURERS: James Ross, Legal and Policy Director, Human Rights Watch Gaynel Curry, Gender and Women's Rights Advisor, United Nations Office of the High Commissioner for Human Rights Zach Hudson, Crowley Fellow, Leitner Center for International Law and Justice at Fordham Law School and Adjunct Professor of Law Mi Zhou, Ph.D., University of Hong Kong Faculty of Law COURSE ADMINISTRATION: Kaitlyn Lyngaas, Course Administrator, Institute of International Humanitarian Affairs (IIHA), Fordham University, Email: [email protected]

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COURSE DESCRIPTION International law creates obligations on governments and, to some extent, non-‐state actors to respect, protect, and fulfil fundamental human rights and provide humanitarian protection in times of conflict. International human rights and humanitarian rules are part of customary law, and are found in treaties, declarations, and other international norms, and all provide important protections for individuals and groups. These rules are no more important than in times of natural and manufactured disasters, but it is during these crises that they are especially threatened. Governments and non-‐state actors often avoid their obligations or pick and choose where and to what extent they will meet them. The role of the humanitarian actor is thus critical to constantly and consistently remind, reaffirm, encourage, and pressure all parties to ensure respect for international legal standards. To do this, the effective humanitarian actor must understand those standards, and have the skills and tools to negotiate their application in times of crisis. In this course, students will be introduced to a practical approach on how to examine the related but distinct bodies of human rights and humanitarian law, which both provide fundamental protections for individuals and groups. This will include a critical examination of the origins, principles, and applications of these bodies of law. The course will provide participants with a framework for understanding the legal aspects of delivering humanitarian assistance within that framework. The course will provide students with the necessary tools to fulfil their roles by introducing applicable conventions and protocols, explore ways where the law can enhance humanitarian assistance and protection, and give students an opportunity to analyze case studies and develop a thorough understanding of the applicability of human rights and humanitarian law to their daily work. With a thorough comprehension of these international laws, students will gain confidence and expertise in negotiating with other actors and navigating the various logistics of the humanitarian’s reality that sets formal standards and laws against the realities of on-‐the-‐ ground challenges. COURSE CONTENT Students who successfully complete this course will be able to: • Describe the framework of legal protection; • Understand the practical aspects of human rights monitoring and advocacy; • Identify different approaches to enforce human rights and humanitarian law; • Refine and enrich their experience of the different techniques of enhancing thee

implementation of the international legal protection regime;

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• Critically assess culturally specific aspects human rights in humanitarian crises. COURSE REQUIREMENTS PRE-‐COURSE ASSIGNMENT: Each participant must come to the course prepared to give a 10-‐minute presentation on a human rights concern. It can be one in which you were personally or professionally involved in, or one that you have heard or read about. Ideally, it should be related to the delivery of humanitarian assistance or the provision of protection. The participant will provide an overview of the issue, describe what occurred, and consider possible solutions to the problem. (Past examples include students describing their work in prisons, in protection work, or describing events in their home or host country that caused human rights violations; students have also done brief research on an issue that interested them. Students have given oral presentations, and sometimes support this with photos or simple power point presentations). IN-‐CLASS ACTIVITIES:

• Participant presentations • Case study examination • Role-‐play and exercises in application of law

ACADEMIC PAPER: Credit-‐earning students will also be required to produce an academic paper following the course. COURSE STRUCTURE The course will begin with a brief discussion introduction into the international regime of legal protection, including human rights, humanitarian, and refugee law. The course will continue assessing the application of the law in two different sets of humanitarian crises, natural disasters and armed conflict. A main topic of the course is to enable students to get a practical understanding of human rights work in the field, including human rights monitoring and investigations as well as related advocacy and enforcement. Methods and tools used will include:

• Class facilitation and interactive presentations by experienced human rights practitioners and Fordham academic faculty;

• Scenario exercises, group work and discussions; • Combination of theoretical foundation through lectures and practical application

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through case studies; • Participant case study presentations.

FORDHAM POLICIES AND EXPECTATIONS Students and faculty have a shared commitment to Fordham University’s mission and Values at: http://www.fordham.edu/discover_fordham/mission_26603.asp The course is regulated by the Fordham University discipline and grievance policies, available online at: http://www.fordham.edu/info/21263/graduate_school_of_arts_and_sciences ASSESSMENT AND GRADING POLICY All participants are expected to uphold the following classroom requirements: 1. Active participation in class and all group work assignments 2. On-‐time attendance of all sessions 3. Submission of original work Credit-‐earning participants who have registered as non-‐matriculated students and submitted the required paperwork and additional fee for credit will be assessed and given a letter grade for the course. Grades will be based on participation (40% of final grade), which includes presentations and other work done in class, and on an academic paper (60% of final grade). The academic paper must be submitted in order to receive full credit for the course. A separate document detailing the instructions and topic for the Academic Paper will be posted on the course Google site.

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Course Schedule

DAY 1: Monday, July 6th

TIME TOPIC LECTURER

8:45 -‐ 9:00 Registration Kaitlyn Lyngaas

9:00 -‐ 10:00 Welcome and Introductions; Requirements and Expectations

Florian Razesberger Elisabeth Wickeri Brendan Cahill

10:00 -‐ 11:30 The International Legal Regime I Introduction to Human Rights Law (HRL)

Florian Razesberger

Content Overview of the law relevant to humanitarian assistance – history and basic concepts of human rights law (HRL) as well as the major treaties, oversight mechanisms, and possibilities for enforcement. Exploration of the specific relevance of HRL for humanitarian workers.

11:30 -‐ 11:45 Coffee Break 11:45 -‐ 1:00 The International Legal Regime II Introduction

to International Humanitarian Law Florian Razesberger

Content History and concepts of International Humanitarian Law (IHL), overview of Geneva Law and The Hague Law, outline of relevant treaties as well as basic principles of armed conflict while putting IHL into a perspective to HRL.

1:00 -‐ 2:00 Lunch 2:00 -‐ 3:15 The International Legal Regime III Introduction

to Refugee Law and Protections for Stateless people

Elisabeth Wickeri

Content Rounding out the international legal regimes, introduction to the law of refugee protection and concerns and protections for stateless people.

3:15 -‐ 3:30 Coffee Break

3:30 -‐ 17:00 Case study: Human Rights Monitoring in Ukraine

Florian Razesberger

Content An overview of the challenges of human rights monitoring in the current conflict in Eastern Ukraine. The presentation will outline difficulties in relation to economic and social rights as well as civil and political rights, putting the situation in Eastern Ukraine in the historical and political context.

17:00 -‐ 17:30 Participant Presentations – Overview and Q&A Florian Razesberger and Elisabeth Wickeri

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DAY 2: Tuesday July 7th

TIME TOPIC LECTURER 9:00 -‐ 1:00 Basics of Human Rights Monitoring

Case Study/ Exercise Florian Razesberger

Content Basics of human rights monitoring, following OHCHR and other methodologies – from the design of a human rights monitoring program, to details of its implementation (who, where, when, what, how – do’s and don’ts), and possibilities as well as counterparts for advocacy; exit strategies.

1:00 -‐ 2:00 Lunch 2:00 -‐ 3:00 International Criminal Law Florian Razesberger Content Introduce participants in the history and purpose of international criminal

jurisdiction, the Tribunals and the ICC and possible impact on humanitarian workers, the issues of amnesties and impunity, strengths and weaknesses of international jurisdictions and the way ahead.

3:00 -‐ 3:15 Coffee Break 3:15 -‐ 4:30 Gender, Violence, and the Role of the State Gaynel Curry, United

Nations Content An introduction to the specific concerns related to gender-‐based violence,

women’s rights, and the role and responsibility of state actors to prevent, investigate, and prosecute instances of gender-‐based violence. Case studies and examples of advocacy in this field will be considered.

4:30 -‐ 5:30 Participant Presentations

DAY 3: Wednesday, July 8th

TIME TOPIC LECTURER

9:00 -‐ 10:30 Case study: Conflict and Protection in Afghanistan

Florian Razesberger

Content Current human rights issues in Afghanistan, with a specific focus on violence against women and the protection of civilians. This session will outline the background to the human rights crises in Afghanistan, the applicable law and efforts of enforcement. It will also give an inside look to practical limitations and the dangers of human rights work in the field.


10:45 -‐ 1:00 Legal and Political Solutions to Serious Violations of Human Rights: The Responsibility to Protect, The Right to Humanitarian Assistance, Transitional Justice?

Elisabeth Wickeri

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DAY 4: Thursday, July 9th

TIME TOPIC LECTURER 9:00 -‐ 10:45 Human Rights, Advocacy, and Enforcement Elisabeth Wickeri

Content Overview of relevant tactics of human rights advocacy, building on NGO experience in different countries The Achilles heel of human rights relates to its enforcement. States, political leaders, armed groups, private security firms but also international organisations as well as humanitarian workers are rarely held accountable whenever they unduly infringe upon human rights. This session focuses on different forms of possible enforcement, if advocacy efforts fail. Those include next to national jurisdictions and international courts also bodies and committees of international organizations.


11:00 -‐ 1:00 International Law and Humanitarian Disarmament

Zach Hudson

TIME TOPIC LECTURER Content Is there a right to humanitarian assistance? If so, how it is defined and when

does it apply? How is it distinguished from R2P? What are other political responses by states at the international and domestic level? What happens after a conflict?

1:00 -‐ 2:00 Lunch

2:00 -‐ 3:15 Civil and Political Rights in Focus: Torture Elements, Prevention & Advocacy

Elisabeth Wickeri

Content Understanding the legal instruments relating to torture and its prohibition. Consideration of global concerns with torture, channels of advocacy, and oversight and enforcement mechanisms.


3:30 -‐ 5:00 Case Study: Protecting Refugee Rights in Pakistan

Mi Zhou

Content Pakistan hosts the largest refugee population in the world, including 1.6 million Afghans as well as thousands of non-‐Afghans. The country has not ratified the 1951 Refugee Convention, and is unlikely to do so in the near future. The session will explore how the international refugee system operates in this context, and the efforts to create ‘protection space’ for refugees in Pakistan.

4:30 -‐ 5:30 Participant Presentations

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TIME TOPIC LECTURER Content Exploration of the intersection of international humanitarian law and the field

of humanitarian disarmament. We will discuss IHL principles that are used in the analysis of weapons production, use, transfer, and stockpiling. We will then review how this legal analysis has been used strategically in advocacy campaigns that seek the prohibition or regulation of various types of weapons such as landmines, cluster bombs, small arms & light weapons, nuclear arsenals, drones, and lethal autonomous weapons systems (LAWS).

1:00 -‐2 :00 Lunch 2:00 -‐ 3:30 ESCR In Focus: Framework, Enforcement, and

Challenges Elisabeth Wickeri

Content An overview of economic, social and cultural rights and their relationship to conflict and transitional justice. The overview will include an examination of the relevant instruments under international law, and participants will consider the ways in which ESC rights are implicated by conflict.

3:30 -‐ 3:45 Coffee Break 3:45 -‐ 5:00 Participant Presentations

DAY 5: Friday, July 10th

TIME TOPIC LECTURER 9:00 -‐ 11:00 Non-‐State actors: Business and Accountability,

Security Companies and Human Rights Elisabeth Wickeri

Content Non-‐State actors provide a new challenge to human rights law as they are not directly bound by relevant treaties. This lecture will introduce participants into the role and accountability of non-‐state actors such as transnational corporations and provide a case study on private security/military firms as an emerging reality, which represent a wider trend of outsourcing of state responsibilities to private actors. This lecture will explore the relevant law, possible legal gaps and mechanisms to hold relevant non-‐state actors accountable.

11:00 -‐ 11:15 Coffee Break 11:15 -‐ 1:00 A Human Rights Watch Perspective James Ross Content HRW research in investigations in IHL violations, related issues and use of

information for reporting and advocacy. 1:00 -‐ 2:00 Lunch 2:00 -‐ 3:30 Participant Presentations 3:30 -‐ 4:00 Certificate Ceremony Brendan Cahill

Elisabeth Wickeri Disclaimer: The program reserves the right to cancel/change seminars, change days, dates, times, or instructors without prior notification, due to the critical nature of the work of the professional staff. We regret any inconvenience this may cause and will make every effort to replace seminars/speakers as appropriate.

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THE INSTITUTE OF INTERNATIONAL HUMANITARIAN AFFAIRS AT FORDHAM UNIVERSITY

MASTER OF ARTS IN INTERNATIONAL HUMANITARIAN ACTION (MIHA)

Fordham University’s Master of Arts in International Humanitarian Action provides an unparalleled opportunity for humanitarian professionals to develop the comprehensive knowledge and on-‐the-‐ground skills needed to deal with the world’s most pressing challenges and disasters. Offered by Fordham’s Institute of International Humanitarian Affairs and the Graduate School of Arts and Sciences, the MIHA program combines the experience of seasoned humanitarian professionals with the academic strength of Fordham faculty from the School of Law and the Graduate Schools of Business and Social Service, who provide students with the political, historical, legal and ethical contexts of past, present and future emergencies. The program is made up of four advanced modules, which are flexible enough to fit a humanitarian professional’s schedule. Courses are offered in one-‐, two-‐ and four-‐week intensive sessions in various locations around the world, including Barcelona, Geneva, Goa, Kuala Lumpur, Nairobi, Dublin, Rome, Penang, New York, and Berlin. Two credits are attributed to each week, and participants must complete eight total credits in each of the program’s four topic modules. Humanitarian professionals can complete the 32-‐credit program in 18 months or as long as five years, depending on individual schedules and resources. Please visit www.fordham.edu/iiha for additional information.

Documents

Humanitarian Rights in Humanitarian Crises 5 new format · related!but!distinct!bodies!of!human!rights!and!humanitarian!law,!which!both!provide ... Humanitarian Rights in Humanitarian