transitional justice research institute - University of Ulster

TRANSITIONAL JUSTICE
RESEARCH INSTITUTE
ANNUAL REPORT
1 AUGUST 2006 - 31 JULY 2007

TRANSITIONAL JUSTICE
INSTITUTE
ANNUAL REPORT
1 August 2006 – 31 July 2007

TRANSITIONAL JUSTICE INSTITUTE
ANNUAL REPORT
(1 AUGUST 2006 - 31 JULY 2007)
CONTENTS
Page No
1. Foreword by the Pro Vice-Chancellor (Research and Innovation) 3
2. Foreword by the Research Institute Directors 4
3. About the TJI 8
4. Thematic Research Areas 9
4.1 Conflict and Law 9
4.2 Transformation of political participation and institutions 10
4.3 Transformation of legal institutions 11
4.4 Dealing with the past 12
4.5 Gender, conflict and transition 13
5. Research Institute Members 15
5.1 Core Staff Members 15
5.2 Associate Researchers 26
5.3 Doctoral Students 29
6. LLM in Human Rights Law 30
7. TJI Conferences and Events 31
7.1 TJI Conferences 31
7.2 Other TJI and Related Events 32
7.3 TJI Seminar Series 33
8. Visiting Fellows to TJI 35
9. Internship Programme 36
10. TJI External Board 37
11. Research Funding 39
Annex 1: Publications 40
Annex II: TJI Strategic Plan 2006-2008 52

1. Foreword by the Pro Vice Chancellor
(Research and Innovation)
I am delighted to welcome readers to our annual
reports from University of Ulster Research Institutes.
We have had an excellent year marked by great
achievements in recruiting superb researchers to
academic and research posts, attracting external
income and completing work that has led to highly
prestigious papers, books and other outputs. There
has been a very strong flow of research findings as
new disclosures to our Office of Innovation. These are
being managed as promising new intellectual property
and that Office also ensures that the expertise of our
staff is accessed by external organisations through
consultancy contracts. Overall our Institutes provide high quality research
environments that are strongly supportive of research. Our achievements point
to improved research capacity and capability amongst the University’s staff –
the best possible training environments for our increasing number of research
students. We are very proud of every student who graduates with a doctoral
degree and delighted that our statistics for successful completion rank very highly
in UK national comparisons.
This past year was marked by final preparations for the forthcoming UK Research
Assessment Exercise (RAE). The work to be submitted for RAE has been underway
since 2001, so some of it is detailed in the current Annual Reports. The University
is proud of the quality of its RAE submission and looks forward confidently to the
announcement of outcomes at the end of 2008.
The enhanced research performance of recent years is in line with that planned
for in our Strategy and Action Plan for Research, Research Training and Innovation,
entitled SUPPORTIVe 1 . Developed through comprehensive, university-wide
consultation, SUPPORTIVe articulates our commitment to ensuring that research
at the University of Ulster fully supports our goals summarized as ‘excellence,
innovation and regional engagement’.
I commend this report to you as a demonstration that University of Ulster
research ranks proudly amongst UK institutions; documents, analyses and shapes
the modern Northern Ireland and attracts international recognition and awards.
Professor BM Hannigan
Pro Vice Chancellor (Research & Innovation)
1
http://research.ulster.ac.uk/office/supportive.pdf
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2. Foreword by the
Research Institute DirectorS
Launch of the TJI, June 2005
Prof F. Ní Aoláin, Justice Albie Sachs, Prof. C. Bell & Prof. C. Campbell
We are very proud to present this year’s Annual report, which continues to reflect
the importance of the Transitional Justice Institute’s research agenda, in a world
in which conflict is prevalent, and societies emerging from conflict and repression
struggle to find the capacity to put the past behind them and develop politically,
socially and economically. The report paints a picture of a young organisation that
is maturing through an ambitious programme of research, publications, and events.
The TJI remains committed to delivering and developing teaching programmes
of excellence and creating a local/global interface which brings the experience
of Northern Ireland to a regional and international community. We continue to
stress the value of the academic enterprise informing and enriching the policy
area nationally and internationally. This report demonstrates that the world class
reputation of the TJI continues to expand.
Academic and Policy Success
This year has been marked by outstanding success in garnering academic and
international indicators of esteem for the TJI. Professor Fionnuala Ní Aoláin and
Professor Oren Gross (Part-time Professor, TJI and University of Minnesota
Law School), were awarded the 2007 Certificate of Merit for a pre-eminent
contribution to creative scholarship by the American Society for International
Law for their co-authored book “Law in Times of Crisis” published by OUP. The
distinguished award is granted to one book every year and the award was
presented to Professors Ní Aoláin and Gross at a ceremony in Washington in
March 2007.
Professor Christine Bell was awarded the American Society for International Law’s
Francis Deake Prize in April of this year. She received the honour for her recent
article on “Peace Agreements: Their Nature and Legal Status” in the American
Journal of International Law (2006). The prize is awarded annually to a younger
author for outstanding scholarship and is sponsored by Oxford University Press.
In June 2007, Professor David Kretzmer was awarded an honorary doctoral
degree from Potsdam University, in recognition of his academic and public service
achievements. In November 2007, an international conference hosted by the
Hebrew University of Jerusalem will honor his academic achievements in the
fields of constitutional and international law. A Special Issue of the Israel Law
review will memorialise the papers presented.
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In August 2007, Professor Fionnuala Ni Aoláin was nominated by the Irish
government as candidate to the vacant Irish judicial position on the European
Court of Human Rights.
Funding Success
The TJI continues to augment and expand its funding for research and collaboration.
Professor William Twining, formerly Quain Professor of Jurisprudence at UCL
until 1996, and currently Professor of Law at the University of Miami Law School
was awarded a Leverhulme Emeritus Professorship in Spring 2007, which will be
exercised at the Transitional Justice Institute during the academic year 2007-08.
Professor Twining was also recently nominated to the American Academy of Arts
and Science. We are delighted that Professor Twining will be spending a portion
of academic year 2007-08 in residence with us.
In 2007 the TJI also had recent funding successes from the British Academy.
Dr Shane Darcy received £7,235 from British Academy for a project on “The
contribution of international and domestic courts to the development of international
humanitairian law”. Furthermore, Dr Elvira Dominguez-Redondo received £6,310
from British Academy for a project on “UN special procedures and the Human
Rights Council: determining the agenda in relation to an empirical study of the effects
of such procedures in India and China” and Dr Kirk Simpson received £1,800 from
British Academy on “Truth Recovery in Northern Ireland: Narratives of the Past”.
Professor Christine Bell was awarded a Social Science Small Grant from the
Nuffield Foundation in 2007. The grant has been received to further develop
a Peace Agreement Database currently under development by Christine Bell
in conjunction with Catherine O’Rourke, (currently Visiting Scholar American
University). The peace agreement database will include a comprehensive list of
peace agreements, and a summary of whether and how they deal with issues
such as prisoner release, dealing with the past, statehood and sovereignty. The
Database will include references to over 600 agreements. It will be made publicly
available on the TJI website.
Policy Praxis
In addition, the TJI moved forward its praxis goals advancing the interface of excellent
and relevant research with important policy initiatives whether with governmental
or non-governmental spheres. In co-operation with Price Waterhouse Coopers
a consortium of specialists including the TJI have been successful in setting
out three framework agreements for the provision of consultancy services in
conflict-affected environments. These cover services in Governance, Justice and
Peace-building; Social Development and Public Administration Reform. These
framework agreements are arrangements that allow government departments
the capacity to provide consultancy services in conflict-affected countries.
Dr. Phil Clark continued to undertake substantive policy interventions, producing
two reports of significant international stature and influence. The first, “Doing Justice
During Conflict: The International Criminal Court, Transitional Justice and Reconciliation
in the Democratic Republic of Congo and Uganda” (2007) was produced for the
Open Society (New York) for the International Criminal Court. The second,
“Making Peace Our Own: Victims’ Perceptions of Accountability, Reconciliation
and Transitional Justice in Northern Uganda”(2007) was produced for the United
Nations and has spread significant light on an unreported post-conflict context
in Northern Uganda. Professor Fionnuala Ni Aoláin has continued to work as a
consultant with the International Center for Transitional Justice on issues related
to post-conflict justice and security for women.
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LL.M.
The LLM in Human Rights Law programme is now entering its third year of
delivery. The participation of international students in the programme this year was
again made possible by the provision of funding from the Planethood Foundation.
In 2007, scholarship funding was secured from the central University in the
form of international fee waivers whereby international students will pay partial
fees, facilitating greater numbers of post-graduate students on the LL.M. degree
programme. The TJI continues to run a “Postgraduate Forum” which has involved
a combination of film & discussion events, seminars and research workshops
complementing the formal teaching component of the degree programme. The
programme remains successful and diverse showcasing the best of teaching
innovations and research being undertaken at the Institute.
An internship for one LL.M. students at the Northern Ireland Human Rights
Commission (NIHRC) is ongoing, and we have also established an internship
programme at the Northern Ireland Law Centre. We were delighted this year
that one of our outstanding LL.M. students Sian Fisher was awarded the NIHRC
award for outstanding dissertation.
Events
Throughout the autumn and spring 2006-07 our regular seminar series took
place on the Magee and Jordanstown campuses. Speakers included Professor Julie
Mertus (American University). The 2007 summer semester seminar series took
place with speakers including Professor Micheline Ishay, University of Denver
(June 2007), Professor Oren Gross, University of Minnesota (June/July 2007)
and Professor Christian Davenport, University of Maryland (August 2007). All
three Professors delivering seminars were also Visiting Professors to the Institute
during the summer of 2007. The events scheduled for the Autumn semester is
completed with speakers including Lord Paddy Ashdown, Professor Christopher
McCrudden (Oxford University), Dr David Tombs (Irish School of Ecumenics), Dr
Brandon Hamber (INCORE) and Professor William Twining (University of Miami
Law School).
New Website and Newsletter
The TJI also continued working this year to expand its website, and our newsletter
appears regularly to update our friends and colleagues on our work. The second
newsletter was circulated in the autumn 2006, and a third in the summer of 2007,
and the website can be accessed at www.transitionaljustice.ulster.ac.uk.
Staff changes
During this year we were very pleased to make some substantial staffing
augmentations. Building on a long-standing visiting relationship and collaboration
we were pleased that Professor Oren Gross of the University of Minnesota Law
School was appointed a part-time Chair in Law. In addition, augmenting the social
and economic rights specialisation of the Institute Ms. Kerstin Mechlem formerly
of the United Nations World Food Organisation, was appointed a Lecturer in
Human Rights Law. Finally, we made an appointment of Research Lecturer (internal
UU appointment), to Ms Catherine Tuner, previously a Research Associate within
the Institute.
6
We were also sorry to say good-bye to research associate Ms. Adrienne Reilly
who left the TJI to take up a position with the United Nations based in Vietnam.
In her new role Ms. Reilly will continue to focus on issues of trafficking and
sexual slavery which have been her areas of research interest while based at the
Institute.
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Thanks
Finally, we would like to acknowledge the on-going support of our External Board,
Professor Bill Bowring, Professor Christopher McCrudden, Professor Henry
Steiner, and Professor Ruti Teitel. We would also like to personally acknowledge
the unstinting work and support of our administrator Lisa Gormley, and of our
secretaries Emer Carlin and Elaine McCounrey.
Christine Bell, Colm Campbell and Fionnuala Ni Aoláin
Transitional Justice Institute, 2007
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3. ABOUT THE TJI
The Transitional Justice Institute is an internationally recognised institute dedicated to examining how law and legal
institutions assist (or not) the move from conflict to peace. A central assumption of the research agenda of the TJI
is that the role of law in situations of transition is different from that in other times. In contrast to commonly held
understandings of the law as underpinning order, stability and community, the role of law in transitional situations is a less
understood role of assisting in the transition from a situation of conflict to one of ‘peace’ (perhaps better understood
as non-violent conflict).
The Institute has established authoritative analyses of rapidly developing legal controversies in Northern Ireland for the
benefit of a global audience. It also brings comparative experiences and international influences into the Northern Irish
debate. TJI espouses an ‘active research’ model, wherein engagement with institutions, policy-makers and communities
(internationally and locally) generates research, and research generates engagement.
The aims of the Institute are:
➢ To build a theoretical and practical understanding of the role of ‘transitional justice’, and the underlying relationship
between justice and peace;
➢ To examine the role of the international and domestic legal systems and institutions in facilitating transition from
conflict;
➢ To make links between the experience of Northern Ireland and international experience, so as to benefit both
Northern Ireland and other contexts;
➢ To inform policy makers involved in peacemaking in local and international institutions; and
➢ To make visible and critically examine gendered experiences of transition.
The TJI community of researchers is housed in restored 19th century buildings on two campuses – Dalriada House, at
Jordanstown and No. 8 College Avenue at Magee. It attracts international scholars and policy makers from all over the
world. The TJI has played a key role in taking legal research in Northern Ireland to the centre of international stages. As
such it constitutes an important resource for LL.M students and PhD researchers. The TJI is affiliated to the Association
of Human Rights Institutes.
Methodologies
TJI research utilizes three broad research methodologies across its thematic areas:
➢ Theorizing key concepts: TJI engages in ‘mid-level’ theorizing of transitional justice and related concepts such
as democracy and human rights toward identifying practical responses to contemporary problems in transitional
contexts.
➢ Socio-legal research: TJI research draws on range of social-science methodologies and epistemological debates
to examine aspects of its research agenda.
➢ Doctrinal research: TJI engages in research on core areas of doctrinal law such as refugee, human rights, and
humanitarian law and fosters the application of new thinking in these areas to debates in transitional justice.
During the last year, the Transitional Justice Institute has continued to build this research agenda in publications, and
expert seminars, and interventions into situations of conflict, as set out in below.
Management
The Institute is led by a Directorate (a Director and two Associate Directors), comprising Professor Christine Bell,
Professor Colm Campbell and Professor Fionnuala Ní Aoláin. The TJI is managed by the Directorate of Professors, a
Coordinating Committee and a central University Management Board.
In addition, academic staff of the TJI hold specific administrative roles: Dr Michael Hamilton is the LLM Co-ordinator,
Dr Anne Smyth is the Assistant LLM Co-ordinator at Jordanstown, Dr Kirk Simpson is the PhD Co-ordinator, and Dr
Jérémie Gilbert is the Communications and Publicity Co-ordinator.
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4. THEMATIC RESEARCH AREAS
The TJI research agenda is focused on understanding the role that law plays in transitional situations, when societies
attempt to move from a period of violent conflict or oppression towards peace, democracy, the rule of law, and respect
for human rights. TJI pursues its research agenda through theoretical and empirical work that seeks to transform and
develop the theory and practice of transitional justice. The research is developed through theoretical interrogation of
concepts such as transitional justice and the rule of law. This perspective underpins the development of five thematic
areas of research undertaken by TJI staff discussed in the following sections:
4.1 Conflict and Law
Transitional Justice is primarily concerned with facilitating movement from conflict to peace. Increasingly, however, both
conflict and processes of resolution are being understood as fluid with dynamics that change over time. Consequently
processes of conflict prevention, peace-making and peace-building are now recognized as closely related (See Report of
the Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies from August
2004). TJI aims to make a focused contribution to these broader debates by exploring two converse assertions. First, that
greater understanding and acknowledgement of the relationship between law and the causes of conflict are necessary
not just to transition, but also to preventing earlier conflict escalation. In particular, TJI seeks to undertake a critical
appraisal of the role of law in the management, maintenance and end of conflict. The second assertion is that ‘transitional
mechanisms’ exhibited in societies emerging from protracted conflicts can have a constructive role if promoted when
conflict is at a nascent stage.
Accordingly, TJI research in this area provides detailed analyses of how legal responses aimed at a military containment
of conflict can operate to escalate conflict. Such responses can undercut (often concurrent) legal measures aimed
at eliminating the political causes of conflict. This strand of TJI work has both a doctrinal (or technical-legal) and a
socio-legal focus. In particular, it addresses the lack of consensus on applicable legal norms – a lack of consensus that had
particular significance in Northern Ireland. This lack of consensus, on when the legal criteria establishing the existence of
an internal armed conflict have been satisfied, is compounded by the lack of sanction for human rights and humanitarian
violations which typically take place during such conflicts. Moreover, post-September 11th, TJI research around this
theme increasingly addresses global-level tensions between military and political responses to conflict.
Aims of TJI research in this area
• Provide authoritative legal analyses of the theoretical underpinnings and operation of international humanitarian and
human rights law with respect to conflict
• Review the role of emergency law in the management, perpetuation and end of conflict, drawing on the local situation
in Northern Ireland and extrapolating to other situations around the world
• Explain patterns of conflict escalation, transformation and resolution, with reference to the recent phenomena of
negotiated agreements with human rights components
• Analyse the legal status and nature of peace agreements
Indicative projects
• The ‘war on terror’ and the rule of law (Christine Bell, Colm Campbell, Shane Darcy, Fionnuala Ní Aoláin, Ita
Connolly)
• The role of law in the nexus between state repression and violent challenges (Colm Campbell)
• Developments in the relationship between international human rights law and humanitarian law in post-conflict
situations (Fionnuala Ní Aoláin)
• Local and comparative analyses of emergency law and political violence in transitions (Colm Campbell, Fionnuala Ní
Aoláin, Ita Connolly)
• International law and the protection of children in armed conflict (Sorcha McKenna)
Indicative Publications
• Ní Aoláin, Fionnuala, Law in Times of Crisis - Emergency Powers in the Theoretical and Comparative Perspective.
Cambridge: Cambridge University Press, 2006.
• Darcy, Shane, “Imputed Criminal Liability and the Goals of International Justice.” 20 Leiden Journal of International Law
(June 2007)
• Campbell, Colm & Connolly, Ita, “Making War on Terror? Global Lessons from Northern Ireland” (2006) 69(6) MLR
935-957
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• Campbell, Colm, “’Wars on Terror’ and Vicarious Hegemons.” 54 International and Comparative Law Quarterly
(2005): 321
• Ní Aoláin, Fionnuala, “Hamdan and Common Article 3: Did the Supreme Court Get it Right?” 91 Minnesota Law
review 1523 (2007)
4.2 Transformation of political participation and institutions
Typically peace agreements involve compromises over access to power, government and/or territory. Northern Ireland
with its power-sharing model for government and the cross-border dimension of the Belfast Agreement provides a good
example of an attempt to accommodate competing nationalisms through innovative constitutional arrangements. The
range of policy options devised by negotiators is increasingly underwritten by international law in attempts to respond
to demands for external self-determination (for example, independence) by providing internal self-determination (for
example, effective minority participation in decision-making through autonomy or consociationalism). Although it is
too early to talk of a legal right to this broad concept of ‘international self-determination’, the notion finds support in
proliferating international instruments on minority rights.
There is, however, another perspective from which to evaluate the political arrangements which emerge as a result of
peace processes. The conflict settings that peace agreements address tend to be characterized by grassroots mobilization
in the form of a vibrant civil society, often with transnational links. The roles that civil society organizations play during
violent conflict mutate and continue into peace processes. Importantly, this is frequently reflected in specific provisions in
peace agreements underpinning civil society involvement in peace processes and beyond. Recognizing the importance of
these developments, TJI research seeks to advance the re-conceptualization of core notions of ‘democracy’, ‘citizenship’
and ‘political participation’, and the relationship between formal political institutions and civil society. Among other
things, these developments are particularly relevant to understanding women’s participation in transitional contexts – a
topic that forms a major strand of our work on Gender, conflict and transition.
Aims of TJI research in this area
• Develop socio-legal analyses of Peace Agreements as a specialist subfield in transitional justice
• Examine and evaluate the directions of international law relating to minority rights, democratic participation, and
equality with particular reference to peace agreements
• Interrogate theoretically the relationship of group rights to individual rights, in particular that of equality
• Examine and evaluate the extent to which ‘democratic participation’ requires new concepts of ‘participatory
democracy’ as an alternative to representative democracy
• Consider the relationship of peacemaking vis-à-vis ethnic-nationalist divisions in comparison to other divisions, for
example, those based on gender or class
• Provide analyses of the Northern Irish approach to dealing with difference across a range of political and legal
institutions
Indicative Projects
Minorities and self determination
• Equality and socio-economic rights: Theoretical and comparative analyses (Anne Smith, Thomas Bundschuh)
• Constitutionalizing equality: A comparative study (Anne Smith)
• Critical perspectives on political accommodation, minority and indigenous peoples’ rights, and self-determination
(Jérémie Gilbert, Khanyisela Moyo, Catherine Turner)
• Constitutionalism and consociationalism: The case of Fiji (Venkat Iyer)
Political participation
• Transitions from conflict and participatory democracy (Christine Bell, Catherine O’Rourke)
• Civil society engagement in bills of rights drafting processes (Anne Smith)
• Women’s movements, civil society and peace agreements (Catherine O’Rourke)
• Global civil society: international law and organizations as sites of local-global advocacy (Niamh Reilly)
• Habermasian communicative ethics and conflict resolution in Northern Ireland (Kirk Simpson)
• Political leadership in the Northern Ireland peace process (Cathy Gormley-Heenan)
Indicative Publications
• Gormley-Heenan, C, Political Leadership and the Northern Ireland Peace Process, Basingstoke: Palgrave-Macmillan
(2006)
• Bell, Christine, Peace Agreements and Human Rights. Oxford: Oxford University Press, 2000.
• Domínguez, Elvira, Minority Rights in Asia: A Comparative Legal Analysis Oxford: Oxford University Press (2006)
(co-author with Joshua Castellino)
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• Gilbert, Jérémie, Indigenous Peoples’ Land Rights under International Law: From Victims to Actors (Transnational
Publishers-Martinus Nijhoff, 2006).
• Bell, Christine, “Human Rights Nongovernmental Organisations and the Problems of Transition.” 26 Human Rights
Quarterly (2004): 331 (co-author with J Keenan)
4.3 Transformation of legal institutions
Typically, justice claims lie at the heart of conflict and must be addressed in negotiating an end to conflict. This implicates
legal institutions. Different communities within a jurisdiction may have differing degrees of confidence in legal institutions
and processes. There may be conflicting views over the extent to which legal institutions have been complicit in the
maintenance and management of the conflict, and conflicting views about the necessity and capability of reform (e.g.
policing institutions).
Peace agreements frequently include legal and other institutional reforms which aim to address these conflicts. However,
peace agreements typically set out broad frameworks that leave institutional change to the implementation phase.
This means that institutional reform tends to occur outside of formal negotiating processes and on a piecemeal basis.
Experience in Northern Ireland and elsewhere has demonstrated that when this occurs unresolved and outstanding
issues from the negotiation process become intertwined in the process of institutional reform. Institutional reforms
often address, to different degrees:
• Overarching justiciable rights (e.g. through bills of rights) including civil, political, social, economic and cultural rights
(and/or policy alternatives)
• Constitutional or human rights courts and issues of judicial independence
• National human rights enforcement institutions (e.g. human rights commissions)
• Rights-based reform of the criminal justice system
• Rights-based reform of policing
• Mainstreaming the place of social and economic rights in the discourse and practice of implementation
Aims of TJI research in this area
• Consider ‘best practice’ with regard to institutions using international comparative experience
• Examine institutional transformation in Northern Ireland in comparative context
• Provide specific policy oriented research relevant to institutional development in Northern Ireland
• Use and augment existing international human rights standards to inform the debate around institutional reforms
Indicative projects
• The legal regulation of public protest (Michael Hamilton)
• Augmenting the international infrastructure on the right to food and water (Kerstin Mechlem)
• National human rights institutions in transitions (Anne Smith)
• Policing and transition (Mary O’Rawe)
• The relationship between customary and national legal systems (Jérémie Gilbert)
• Legal remedies in the African human rights system (Gina Bekker)
• Land rights in agreements between states and indigenous peoples (Jérémie Gilbert)
• Equality and socio-economic rights: theoretical and comparative analyses (Anne Smith, Thomas Bundschuh)
• Women and the implementation of the Good Friday / Belfast Agreement (Bell, Ni Aoláin, Turner, Rooney)
Indicative Publications
• Kretzmer, David, The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories SUNY Press
(2002).
• Gilbert, Jeramie, “Nomadic Territories: A Human Rights Approach to Nomadic Peoples’ Land Rights” 4 Human Rights
Law Review (2007): 4
• O’Rawe, Mary, “Human Rights and Police Training in Transitional Societies: Exporting the Lessons from Northern
Ireland.” 27(3) Human Rights Quarterly (2005).
• Hamilton, Michael, “Freedom of Assembly, Consequential Harms and the Rule of Law: Liberty Limiting Principles in
the Context of Transition.” 27(2) Oxford Journal of Legal Studies (2006).
• Smith, Anne, “The Unique Position of National Human Rights Institutions: A Mixed Blessing?” Human Rights Quarterly
(2006).
• Rooney, Eilish, “Engendering Transitional Justice: Questions of Absence and Silence” Journal of Law in Context
(2007)
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4.4 Dealing with the past
Successful transitions in recent years have almost invariably been characterized by attempts to engage with the past.
Conversely, experience warns that failure to address the past adequately may hinder prospects for a successful transition.
Dealing with the past may be viewed as comprising two aspects: (1) Undoing the Past, typically by attempting to ‘undo’
the displacement of people and dispossession of land which occurred before and during the conflict; and (2) Accounting
for the Past, for instance through the use of truth commissions and domestic or international courts and tribunals.
Attempts at devising legal mechanisms for dealing with the past challenge accepted notions of the role of prosecution, trial
and punishment. International law increasingly articulates a seemingly inflexible demand for trials for those responsible
for major violations. Yet paradoxically, peace-making, reconciliation and truth-telling may be facilitated by a measure
of immunity from prosecution, and prisoner-releases have been a feature of most conflict-resolution processes. Truth
commissions, with their novel approaches to accountability, may offer a way to square this circle, even if a degree
of conflict with legal norms is involved. Yet such mechanisms cannot be said to represent an escape from law, since
successful truth commissions almost invariably require a legal mandate. Others champion individual criminal trials as
routes to truth and reconciliation. Yet others (however critically) point to alternative ‘weeding out’ (or lustration)
mechanisms, whereby those involved in past violations are prevented by administrative or quasi-judicial means from
public participation in new institutions.
TJI research aims to offer a critique of existing mechanisms (both theoretical and practical) with policy suggestions for
domestic and international audiences. The Institute aims to make a direct contribution to ideas of ‘truth-telling’ through
specific projects that examine the legal framework governing key events in the conflict and the transition in Northern
Ireland. These use socio-legal and archive-based methodologies, and explore the relationship between the conflict and
the domestic legal framework that governs it.
Aims of TJI research in this area
• Provide analyses of the relevant legal standards
• Examine the utility of traditional theories of prosecution and punishment, such as deterrence, with regard to
transitional justice mechanisms
• Explore dilemmas of how to account for the past in the Northern Ireland context, in light of the demands of
reconciliation and the needs of victims, with a focus on examining the appropriateness of legal mechanisms for dealing
with the legacy of violations by state and non-state actors (paramilitary groups)
• Draw lessons from the experience of Northern Ireland for other transitional situations
• Mainstream gender and marginalized perspectives into the assessment of truth processes
Indicative projects
• Dealing with the past in Northern Ireland (Christine Bell, Kirk Simpson, Bill Rolston)
• The Bloody Sunday Tribunal (Angela Hegarty)
• Collective Memory, psychological harms and dealing with the past (Brandon Hamber)
• Victim-hood, memory, political violence and notions of transitional justice (Kirk Simpson)
• The release and resettlement of paramilitary prisoners in Northern Ireland (Clare Dwyer, Grainne McKeever, Bill
Rolston)
• Imputed criminal liability and the goals of international justice (Shane Darcy)
• Truth and reconciliation in transitions in Africa (Edwin Abuya, Eugene McNamee)
• Transition in postcolonial societies (Khanyisela Moyo)
• Policing and the past in Northern Ireland (Mary O’Rawe)
• Socio-economic rights in transitional justice (Thomas Bundschuh)
• Indigenous Peoples and Land Restitution (Jérémie Gilbert)
• Gender and the Past (Ni Aoláin and Turner)
Indicative Publications
• Clark, Phil, Rebuilding after Genocide: Transitional Justice, Post Conflict Reconstruction and Reconciliation in Rwanda,
2007 (co-editor with Z Kaufman).
• Darcy, Shane, Truth Commission and Courts: The Tension between Criminal Prosecutions and the Search for Truth.
The Hague: Kluwer Academic Publishers, 2005. (co-editor with W Schabas)
• Simpson, Kirk “Victims of Political Violence: A Habermasian Model of Truth Recovery.” Journal of Human Rights
(2007)
• Bell, Christine, “Dealing with the Past in Northern Ireland.” 26 Fordham International Law Journal (2003): 1095.
• Ni Aoláin, F & Turner, C, “Gender, Truth and Transition” 16 UCLA Women’s Law Review (2007)
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• Rolston, Bill, “Demobilisation and Reintegration of Ex-Combatants: The Irish Case in International Perspective”, Social
Legal Studies, (2007)
4.5 Gender, conflict and transition
In recent years, the growing visibility of sexual violence against women as a primary feature of conflicts has prompted
new research and analyses, which have brought attention to war and conflict as profoundly gendered phenomena.
Women experience conflict as direct casualties (particularly where civilians are targeted in conflicts within states), as
combatants, as refugees, and as targets of wartime sexual violence and domestic violence. As primary carers in most
societies, women also bear a particular burden during conflicts, through losing family members, coping with loss of work,
and sustaining community and social structures. In particular, feminist scholarship has advanced understanding of the
gendered interplay of nationalism, racism and violence against women in conflict situations.
In contrast, however, the role and gendered experiences of women in transitions have received less attention. The peace
processes that produce transitional mechanisms are almost exclusively male – indeed the term ‘peace process’ is often
only applied when political and military elites (mostly men) come to the table to negotiate, even though ‘track two’ civil
society attempts to resolve conflict (usually involving women) are typically on-going (See Peace Agreements as a Means
for Promoting Gender Equality and Ensuring Participation of Women).
More generally, feminist scholars have documented women’s extensive engagement in peace initiatives, and in national
liberation and democracy struggles, followed by their subsequent marginalization. Further, while feminist advocates have
successfully sought the inclusion of women and gender-based violations in various peace agreements and transitional
justice mechanisms, such as tribunals and truth commissions, they simultaneously remain ambivalent about the capacity
of traditional legal and political institutions to deliver gender justice and equality. Furthermore, feminist legal and political
theory has provided well-documented critiques of the public/private divide, the limits of the law and liberal democracy
in providing equality for women, and the difficulties of feminist theorization of the state, which are all directly relevant
to the study of transitional justice.
Aims of TJI Research in this area:
• Critically examine the role of law and legal institutions in addressing gender-based violations in conflict situations,
including sexual violence and other forms of violence against women.
• Provide analyses of the gendered dimensions of legal and political institutions and processes in transitions.
• Document and develop analyses of women’s political participation and feminist politics in transitions
• Bring wider feminist analyses of international human rights and humanitarian law and political theory to bear on
questions of transitional justice
Indicative Projects
• Gender, law, conflict and transition (Christine Bell, Catherine O’Rourke, Fionnuala Ní Aolaín, Catherine Turner)
• Feminist political and legal theory: rethinking democracy, equality and human rights (Christine Bell, Catherine
O’Rourke, Niamh Reilly, Eilish Rooney)
• Masculinities and Transition (Brandon Hamber)
• Women’s movements, civil society and peace agreements (Catherine O’Rourke)
• Female sexual slavery, trafficking legislation, and international law (Adrienne Reilly)
• Transnational feminist advocacy and women’s human rights (Niamh Reilly)
• Women and the implementation of the Good Friday Agreement
Indicative Publications
• Bell, Christine, “Does Feminism Need a Theory of Transitional Justice – An Introductory Essay”, International Journal
of Transitional Justice, Vol 1, Issue 1. 2007 (co-author with C O’Rourke)
• Reilly, Niamh, Women’s Human Rights: Seeking Gender Justice in a Globalising Age. London: Polity Press, 2007
• Ní Aoláin, Fionnuala, “Political Violence and Gender in Times of Transition” Columbia Journal of Gender and the Law
(2006)
• Reilly, Adrienne, “Slavery Legislation Vs Trafficking Legislation in Prosecuting the Crime of Female Sexual Slavery: The
International Law Perspective.” In Trafficking and Women’s Rights, edited by C Van Den Anker and J Doomernik:
Palgrave Macmillan, 2006.
• Rooney, Eilish “Women’s Equality in Northern Ireland’s Transition: Intersectionality in Theory and Place, Feminist
Legal Studies., 14/3 (2006).
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In addition, TJI has a number of special projects that cut across the Institute’s research themes. Currently, these include:
Law and the ‘War on Terror’; Peace agreements and Women and the Implementation of the Good Friday/Belfast
Agreement. More information is available on our website.
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5. RESEARCH INSTITUTE MEMBERS
5.1 Core Staff Members
Christine Bell
Christine was born and brought up in Belfast. She is currently Director of the Transitional
Justice Institute, and Professor of Public International Law at University of Ulster (based at
Magee Campus). She read law at Selwyn College, Cambridge, (1988) and gained an LL.M
in Law from Harvard Law School (1990), supported by a Harkness Fellowship. In 1990 she
qualified as a Barrister at law. She subsequently qualified as an Attorney-at-law in New York,
practicing for a period at Debevoise & Plimpton, NY. From 1997-9 she was Director of the
Centre for International and Comparative Human Rights Law, Queen’s University of Belfast.
She has been active in non-governmental organizations, and was chairperson of Belfast-based
Human Rights organization, the Committee on the Administration of Justice from 1995-7,
and a founder member of the Northern Ireland Human Rights Commission established under the terms of
the Belfast Agreement. In 1999 she was a member of the European Commission’s Committee of Experts on
Fundamental Rights. She has authored the book Peace Agreements and Human Rights (Oxford University Press
2000), and a report published by the International Council on Human Rights Policy entitled Negotiating Justice?
Human Rights and Peace Agreements (2006). She has also taken part in various peace negotiations discussions,
giving constitutional law and human rights law advice, and also in training for diplomats, mediators and lawyers.
Christine’s Research interests lie in the areas of transitional justice, peace agreements and international law, minority
rights, discrimination, and gender and law. She is currently working on projects in the following areas: Human rights
and conflict resolution; Peace agreements and the force of law; Gender and transitional justice; Participatory
democracy, civil society and transitions from conflict; Constitutional blueprints for peace and reconciliation on an
all-Ireland basis; and dealing with the past in Northern Ireland.
Colm Campbell
Colm is one of the founding directors of the TJI, currently serving as Associate Director. He is also Professor of
Law, in the School of Law at UU. In recent years he has held Senior Research Fellowships from the British Academy
and the Leverhulme Trust, and was elected Visiting Senior Research Fellow at Jesus College, Oxford in 2001-02.
Prior to joining UU (2000), he served as Professor of law at the National University of Ireland, Galway (January
1997 – December 1999), and as Director of the Human Rights Centre at Queen’s University Belfast. He has also
taught at the University of Pisa on a visiting basis. Professor Campbell held the Civil Liberties Research Studentship
at QUB, completing his doctorate in 1989. He holds a BCL degree from the National University of Ireland (UCD),
and is qualified as a solicitor in Ireland. He combines a strong commitment to research in the field of human rights
and international humanitarian law with a keen interest in human rights advocacy, locally and globally. A former
chairperson of CAJ (the Northern Ireland affiliate of the ICJ), he also co-authored one of the two human rights
reports produced for the Irish Government’s Forum for Peace and Reconciliation. Colm’s research is focused on
two main projects: The Paradox of Transitions in a Liberal Democratic State and Making ‘Wars on Terror’? Global
Lessons from Northern Ireland.
Emer Carlin
Emer is the Secretary at the Transitional Justice Institute on the Magee campus. She has worked for TJI since
November 2004 providing invaluable support to the staff and students associated with the Institute at Magee.
Previously, she worked in Faculty of Social Sciences at the University of Ulster and is currently on secondment
from that department to the TJI.
15

Phil Clark
Phil is Australian but was born in Khartoum, Sudan, and has lived half of his life in different
parts of Africa, mainly in Ghana and Côte d’Ivoire. In 2005, he received his DPhil in Politics
from Balliol College, Oxford University, where he studied as a Rhodes Scholar. His thesis
explored issues of post genocide justice and reconciliation in Rwanda, focusing on the
gacaca community courts. His thesis research involved six months fieldwork in Rwanda
and elsewhere in the Great Lakes, where he interviewed around 100 genocide suspects and
more than 100 genocide survivors, community leaders and Rwandan government officials
regarding issues of justice and reconciliation. He is currently lead researcher and author
of a project on behalf of the International Criminal Court (ICC), funded by the Open Society Justice Initiative,
exploring issues of the complementarity of the ICC investigations and prosecutions and national and community
level justice processes in the Democratic Republic of Congo (DRC) and Uganda. The project is based on three
months’ fieldwork in the DRC and Uganda in early 2006. Phil is politics editor of the Oxonian Review of Books, a
fanatical sportsman and published poet.
Phil’s research currently explores transitional justice issues in Africa, particularly in the Great Lakes region,
focusing on community level, national and international processes of peace, justice, healing and reconciliation.
His work explores the various complementarities and clashes of the gacaca courts, national courts and the
International Criminal Tribunal for Rwanda (ICTR); the mato oput cleansing rituals, the Amnesty Commission and
the International Criminal Court (ICC) (in the Ugandan case); and the barza village hearings, the military tribunals,
the Truth and Reconciliation Commission and the ICC (in the Congolese case). Phil also researches evolving
transitional justice concepts, particularly the application of moral and political philosophy to transitional justice.
Ita Connolly
Ita is a Research Associate in the Transitional Justice Institute. She has a BA (Hons) in
Politics and an MSSc in Criminal Justice Management from Queen’s University, Belfast. After
graduating, she worked from 1998-2001 in the Linen Hall Library, Belfast, including time spent
working in the Northern Ireland Political Collection. She joined the University of Ulster in
2001 when she was employed to work with Professor Colm Campbell on projects relating
to emergency powers and transitional justice. In September 2003 she was a Visiting Fellow at
Cornell Law School, participating in the Gender, Sexuality and Family project, and presented
a paper while there. She assisted with the organisation of the ESRC funded Transitional
Justice Seminar Series, and co-presented a paper at the ‘Emergency and Anti-Terrorist Powers
in Transition’ seminar. In May 2004 she was a participant at the International Workshop, ‘Justice in Transition:
Northern Ireland and Beyond’ in Oñati, Spain. She also presented a paper jointly with Professor Campbell at the
33rd annual conference of the European Group for the Study of Deviance and Social Control, held in Belfast in
September 2005.
Ita is currently working with Professor Campbell on two main projects: ‘Emergency Powers and Politically motivated
Violence: The Lessons of Northern Ireland’, and ‘Justice in Transition? The Case of Northern Ireland’. In addition to
these projects, her research interests lie in the field of political violence, conflict resolution and transitional justice.
She is currently undertaking a PhD on the comparative politics of the United States and the United Kingdom in
relation to emergency and anti-terrorism legislation. She is also involved in ongoing TJI work on the War on Terror
and the ‘rule of law’.
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Shane Darcy
Dr. Shane Darcy is a lecturer at the Transitional Justice Institute and School of Law at the
University of Ulster, based on the Magee campus. He holds a B.A. from the University of
Limerick (2001) and LL.M in international human rights law from the National University of
Ireland, Galway (2002). He completed his Ph.D at the National University of Ireland, Galway
in 2005. Prior to joining the Institute, Shane was a doctoral fellow at the Irish Centre for
Human Rights in Galway. He was awarded the Irish Research Council for the Humanities
and Social Sciences Post-Graduate Scholarship in 2004. In recent years, he has engaged
in research and advocacy work for various non-governmental human rights organisations
including Al-Haq, the West Bank affiliate of the International Commission of Jurists, and Human Rights for Change,
of which he is a founding member. Shane is Managing Editor of Criminal Law Forum, an international journal
published by Springer.
Shane’s main research interests lie in the fields of international humanitarian law, human rights, international
criminal law and transitional justice. He is particularly interested in the legal regulation of conduct during times
of war and states and emergency, and has previously written on the laws of occupation and the protection of
civilian property, the lawfulness of belligerent reprisals and the protection of minorities during emergencies. Much
of Shane’s work is also concerned with accountability before international criminal tribunals and the interaction
between criminal processes and truth seeking mechanisms. He is currently working on a book which explores
collective responsibility under international humanitarian law and international criminal law, and the evolution of
the concept since the creation of these legal regimes. The book seeks to address also the compatibility of modes
of imputed criminal liability with the goals of international criminal justice.
Elvira Domínguez Redondo
Elvira joined the Transitional Justice Institute as an RCUK Post Doctoral Fellow in September
2006. She was awarded a PhD for her study of Special Procedures at the United Nations, at
Universidad Carlos III de Madrid (Spain) in 2004. She has extensive experience of teaching
public international law and human rights law as an assistant professor at Universidad Carlos
III de Madrid (1997-2005) both at undergraduate and postgraduate level. She has participated
in training programmes in India, Malta, Spain, Syria, Mexico and China. More recently, she
has also taught modules in International Humanitarian Law, Reservation to Human Rights
Treaties, and the European Convention of Human Rights at the Irish Centre for Human
Rights, NUI Galway. She was awarded a Post- Doctoral fellowship by the Irish Research Council for Social Sciences
and the Humanities for research on a project that sought to examine the foundations of human rights law and
the acquired competencies of human rights bodies. She has worked as a consultant at the Office of the High
Commissioner for Human Rights, Geneva, specifically working on the thematic mandate of torture. In 2002 and
2003 she was Director of Academic Studies with responsibility for delivery of a month long postgraduate course
specialising in International and European Human Rights Law at Universidad de Alcala de Henares (Madrid).
Elvira’s research interests lie in public international law and human rights legal theory with particular focus on
UN institutions. She is currently undertaking research on the UN process of reform concerning the creation of
the UN Council of Human Rights and its reflection in the work of the UN Peace-Building Commission. Special
attention is paid to the inter-linking of the new Universal Periodic Review mechanism of the UN Council of
Human Rights with the work of the Peace- Building Commission in post-conflict situations. The legitimacy and
legal foundations of the work of several bodies of the UN dealing with the promotion and protection of human
rights is an underlying question explored throughout the research. In addition, Elvira is researching in the area of
the resurgence of the debate surrounding the absolute prohibition of torture.
17

Jérémie Gilbert
Jérémie joined the Transitional Justice Institute as a Lecturer in February 2005. Prior to this
he was a teaching fellow at the European Masters in Human Rights and Democratization
(Venice) and a guest lecturer at the Centre for the Study of Global Ethics (University
of Birmingham). He worked for different NGOs such as the South Asia Human Rights
Documentation Centre in India and Greenpeace in both France and Canada. He holds a PhD
in international human rights law, an LLM from the Irish Centre for Human Rights (Galway)
and, a Maitrise en Droit International Public from the Université du Québec in Montreal
and Université Paris X (Nanterre). He is a member of Minority Rights Group International’s
Advisory Board on the Legal Cases Programme, and regularly collaborates with Survival International. He is a
founding member of Galway based human rights group Human Rights for Change. He is a frequent contributor to
the minority rights summer course at the Irish Centre for Human Rights in Galway and regularly teaches on the
European Masters in Human Rights and Democratization in Venice.
Jérémie’s research focuses on indigenous peoples and minority rights. He has published a monograph and various
book chapters and articles on indigenous peoples’ land rights. His particular area of interest is on indigenous
peoples’ land rights under international law, particularly looking at the role of human rights law in territorial
negotiations between states and indigenous peoples. As part of his research he has attended several UN meetings
on the issue of indigenous peoples’ land rights. His current work focuses on the protection of nomadic peoples
under international law, the role of human rights law in dealing with past violations, and the development of
autonomous arrangements between states and indigenous peoples. His research examines the reception of
customary indigenous peoples’ laws by national jurisdictions. He is also undertaking some research on the role
of human rights in promoting cultural diversity and multiculturalism. Furthermore his research focuses on the
relationship between human rights law and the protection of the natural environment. He is currently involved in
a significant research projects led by the UMR de droit comparé (CNRS -Paris 1 Panthéon-Sorbonne) on military
jurisdictions.
Lisa Gormley
Lisa Gormley has been the Administrator for the Transitional Justice Institute since September
2003. She graduated from Queen’s University Belfast in 2004 with an LLM in Human Rights
Law, where her research focused on anti-discrimination and equality law, and more specifically
Section 75 of the Northern Ireland Act. She also has a BA (Hons) in Sociology from Queen’s
University Belfast. Lisa has extensive experience in the human rights field and the public
sector. She worked for the Northern Ireland Human Rights Commission for over four years
from 1999-2003 and is currently a member of the Executive Committee of the Belfast-based
NGO - the Committee on the Administration of Justice (CAJ). Lisa is also a part-time MBA
student at the University of Ulster at Jordanstown.
18

OREN GROSS
Oren Gross holds the Irving Younger Chair in Law at the University of Minnesota Law School
(USA). He was appointed to a (part-time) Professorship in Law at the Transitional Justice
Institute following many years of sustained research collaboration in 2007. He concluded an
LL.M. degree at Harvard Law School in 1992, where he was also a Fulbright Scholar. He then
proceeded undertake doctoral research at Harvard Law School graduating with a J.S.D. in
1997. During his graduate studies at Harvard he was also a Guberman Fellow at Brandeis
University. Aside from his academic experience he also has extensive legal experience in
other non-academic context. Between 1996 and 1999 he served as a senior legal advisory
officer in the Israeli Defence Forces (International Law Branch of the Judge Advocate General’s Corps). He has
also worked as a practicing lawyer and still retains membership of both the Israeli and New York bar. Between
October 1995 and August 1996 I practiced law as an Associate at Sullivan and Cromwell in New York.
Profesor Gross has been awarded a number of research fellowships and awards. In 2003 he was nominated by
the University of Minnesota as the Vance K. Opperman Research Scholar. He was awarded a British Academy
Visiting Fellowship (2001), and a British Council Research Grant (2001). In 2001, he was also awarded a Minerva
Center for Human Rights Research Grant. He was a Visiting Scholar at Princeton University’s Program in Law
and Public Affairs (2001/02). Previous awards include a Cegla Institute Research Grant (1998/99), a Guberman
Fellowship (1993) and a Fulbright Scholarship (1992). Over the years he has taught in a variety of universities,
including Brandeis University (1993), the Faculty of Law at Tel-Aviv University (1999-2001), and Cardozo Law
School (2001-02). His research is primarily in the areas of national security law, terrorism and public internacional
law. He has published in numerous journals including the Yale Law Journal, the Michigan Journal of International
Law, The Cardozo Law Review, Human Rights Quarterly and the Minnesota Law Review. His book Law in Times
of Crisis (Cambridge University Press, 2006) (co-author Ni Aoláin) was awarded the ASIL Certificate of Merit in
2007.
Elaine McCoubrey
Elaine is the Secretary at the Transitional Justice Institute on the Jordanstown campus. She
has worked for the TJI since November 2005 and has provided the staff and students at the
Jordanstown campus with invaluable support. She previously worked in the private sector
holding various secretarial and administrative positions.
19

Michael Hamilton
Michael graduated with an LLB from the University of Kent in 1997. He holds an MA in Irish
Studies from the Institute of Irish Studies, Queen’s University Belfast (1998) and a PhD from
the School of Law, University of Ulster (2003). His research has focused on the legal regulation
of public protest, and particularly on parade disputes in Northern Ireland. In 2005, he was an
expert adviser on freedom of assembly to the Organization for Security and Co-operation
in Europe (OSCE) providing advice to the Armenian Government on proposed amendments
to its ‘Law on Assemblies and Demonstrations.’ He has twice presented evidence to the
Northern Ireland Affairs Select Committee in its reviews of the work of the Northern
Ireland Parades Commission, and has delivered training to monitors for the Parades Commission and to stewards
involved in the Trade Justice movement. He was appointed to the Transitional Justice Institute (initially as a Teaching
Fellow) in September 2003, was module co-ordinator for ‘Human Rights and Equality Law’ (2004-05). He is
currently a lecturer in the TJI and is co-ordinator for the LLM ‘Dissertation’ module (2005-06).
Michael’s research interests include public order, freedom of assembly, and policing, looking particularly at the legal
regulation of public protest; human rights and conflict resolution; identity politics and the struggle for recognition.
In 2005, he was involved with Moritz College of Law, Ohio State University on a project examining institutional
design, identity based conflict and Alternative Dispute Resolution. He is presently working on a project examining
principles of free speech (‘fighting words’, ‘incitement to hatred’ etc) as they relate to periods of transition and
the dramatization of allegiances to ex-combatant organisations. He is also working with the OSCE/ODIHR on
a project aimed at drafting guidelines for legislators on freedom of assembly issues (drawing on experiences of
rallies and demonstrations in the Caucasus, Central Asia, Western and Eastern Europe, and North America).
Fionnuala Ni Aoláin
Fionnuala is Professor of Law at the University of Ulster’s Transitional Justice Institute in
Belfast, Northern Ireland. She received her LLB and PhD in law at the Queen’s University
Law Faculty in Belfast, Northern Ireland. She also holds an LLM degree from Columbia Law
School. Professor Ní Aoláin concurrently holds the Dorsey and Whitney Chair in Law at the
University of Minnesota Law School. She has previously been Visiting Scholar at Harvard Law
School (1993-94); Associate-in-Law at Columbia Law School (1994-96); Visiting Professor at
the School of International and Public Affairs, Columbia University (1996-2000); Associate
Professor of Law at the Hebrew University in Jerusalem, Israel (1997-99) and Visiting Fellow
at Princeton University (2001-02). Professor Ní Aoláin is the recipient of numerous academic awards including a
Fulbright scholarship, the Alon Prize, the Robert Schumann Scholarship, a European Commission award, and the
Lawlor fellowship. She was a representative of the Prosecutor at the ICTY at domestic war crimes trials in Bosnia
(1996-97). In 2003, she was appointed by the U.N. Secretary-General as Special Expert on promoting gender
equality in times of conflict and peace-making. In 2004, she was nominated by the Irish government as judge to the
European Court of Human Rights. She was appointed by the Irish Minister of Justice to the Irish Human Rights
Commission in 2000, and is a member of the Joint Committee of the Northern Ireland Human Rights Commission
and the Irish Commission for Human Rights.
Professor Ni Aoláin researches in the fields of emergency powers, conflict regulation, transitional justice and sex
based violence in times of war. Her first book The Politics of Force (Blackstaff Press, 2000) examined the use of
force by state agents during the conflict in Northern Ireland and contained a unique empirically based analysis of
all conflict related deaths in the jurisdiction by state agents. The theoretical and policy focus of the research was
located in an examination of the relationship between international humanitarian law and international human
rights law. Professor Ni Aoláin’s work has continued to focus on the inter-section between human rights and
humanitarian norms. Her book Law in Times of Crisis (CUP 2006) examines from a theoretical and systems
analysis the manner in which legal systems (broadly defined) respond to crisis (both internal and external). The
book proposes three models for understanding the exercise of emergency powers across jurisdictions and legal
systems. A substantial component of the research explores the relationship between and oversight of crisis by
international law. This book (co-author Gross) was awarded the American Society of International Law’s Certificate
of Merit in 2007. She also writes extensively on theoretical aspects of transition, as well as on gender justice in
conflict and post-conflict situations.
20

Mary O’Rawe
Mary graduated in 1990 with a first class honours degree in English and French Law from the University of
Kent. She completed an LLM in Human Rights, Emergency Law and Discrimination at Queen’s University Belfast,
before taking up practice at the Bar in Northern Ireland and, later, a lectureship at the University of Ulster. Mary
is a long time member and former chair of the Committee on the Administration of Justice, and co-founder of
the Northern Ireland Lawyers’ Section of Amnesty International. Over the past 15 years she has researched
extensively in the field of criminal justice and human rights, with her current focus being on policing in societies
in transition. Since 1999 she has acted as human rights consultant to An Garda Siochâna and currently sits on the
National Strategic Human Rights Advisory Committee advising the Commissioner on human rights compliance.
Mary has also acted as advisor to various international initiatives looking at policing, and as a consultant to the
Northern Ireland Human Rights Commission, among other bodies. Mary is currently Senior Lecturer at the TJI
where she has had responsibility for the development of a new LLM in Human Rights Law.
Mary’s current research examines policing in transitional societies – what policing means in these contexts, and
how what happens in respect of policing reform impacts on the broader peace-building project. Her work draws
on international experience and human rights norms, bringing these to bear on developments in Northern Ireland,
and elsewhere. Through a focus on the Patten process and its outworkings over the past decade, her concern
has been to advance lessons for any society where policing and state legitimacy have been contested. To this end,
she has charted the development of new accountability structures such as the Police Ombudsman for Northern
Ireland, and considered issues around police training and human rights education. Ongoing work is concerned
with truth recovery relating to past police human rights abuses. She is also considering the potential impact of the
recently established police Historical Enquiries Team set up to revisit over two thousand unsolved conflict-related
murders. Her research will form the subject matter of a book on Northern Ireland’s policing transition. This
will road-map human rights considerations necessary for any jurisdiction undertaking structural change in its
policing arrangements, and point to the need for policing transformation rather than the reform of one or two
institutions.
Catherine O’Rourke
Catherine graduated from Queen’s University Belfast in 2003 with an LLB in Law and Politics.
During her time in Belfast she was involved in a number of human rights and children’s rights
initiatives connected to the Northern Ireland Youth Forum, the Northern Ireland Human
Rights Commission, and Amnesty International. She was also heavily involved in the women’s
campaign of the student movement. In the academic year 2001-2002 the Department of
Employment and Learning awarded her a ‘Business Education Initiative’ scholarship to study
business in Neumann College Pennsylvania. In the summer of 2002, she was selected by
Cornell University Law School to work in Tompkins County Department of Social Services
Legal Unit as part of the ‘Gender, Sexuality and the Family: Expanding Norms of International Human Rights’
programme. She graduated from the London School of Economics and Political Science with an MSc Gender
and Development in 2004. That summer she was also involved with Amnesty International UK in a research
support role to the Gender Policy Advisor and the Director of the ‘Stop Violence against Women’ campaign. She
is currently Research Assistant to Professor Christine Bell in the Transitional Justice Institute, and a PhD candidate
within the School of Law.
Catherine’s research interests primarily concern women’s mobilization in conflict and transition, and what transition
means for this mobilization and the position of women more generally. This research is interdisciplinary, drawing
on feminist theory, political theory, and socio-legal research. Her active research projects include ongoing work on
a database of peace agreements signed since 1990. She is currently completing a piece co-authored with Professor
Christine Bell on peace agreements as experiments in participatory democracy, which is intended to form the
basis of their own further empirical research in this area. They are also working together on an article seeking to
inform feminist legal theory on gender, conflict and transition, with insights from women’s practical interventions
into violent conflict, peace processes, and post-conflict reconstruction. She will present a paper on the impact of
constitutionalism on feminist engagement with the state at the 2006 Socio-Legal Studies Association Conference.
In addition, her provisional PhD title is ‘Participation and Democracy: the Gendered Impact of Transition on Civil
Society’.
21

David Kretzmer
Professor David Kretzmer has been appointed as Chair (part-time) at the Jordanstown
campus and took up post on 1 July 2006. Professor David Kretzmer was previously Bruce
W. Wayne Professor of International Law at the Hebrew University in Jerusalem. His long
and outstanding academic career has brought him to teach in numerous universities and he
has published widely on human rights and humanitarian law. Between 1995 and 2002, he was
an Expert Member of the UN Human Rights Committee. Professor Kretzmer was a Visiting
Professor at Columbia University, 2003 and a Visiting Fellow at the Institute for Advanced
Legal Studies, University of London, 2005. He was also Vice-Chairperson of Committee,
2001-2002, Ben Gurion Visiting Professor of Law, University of Southern California, 1979 and 1984-85; a Visiting
Professor, Tulane University, 1989 and Visiting Professor, Bar-Ilan University, 2001-2002. His research interests
include constitutional law, judicial decision-making, human rights and international humanitarian law. His books
notably include: The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (SUNY
press, 2002).
Adrienne Reilly
Adrienne is a graduate of the National University of Ireland, Galway and of The Irish Centre for Human Rights,
Galway, Ireland where she undertook her BA and LLM respectively. After graduation she worked as a lawyer in
practice from 2001 - 2002. Since 2002 she has worked as a Research Assistant for Professor Fionnuala Ní Aoláin
at the University of Ulster’s Jordanstown Campus, Belfast, Northern Ireland. She is now based with Professor Ní
Aoláin at the Transitional Justice Institute (TJI) as a Research Associate. Her main research focus is on Emergency
Laws and Gender issues, specifically with reference to the application of international human rights law and
international humanitarian law. She co-ordinated the Gender Sexuality and Family Program in Belfast in 2003
and has been instrumental in organizing and participating the Transitional Justice Institutes annual events. She
has presented a number of papers on her work internationally, including Cornell Law School, where she was a
Visiting Fellow (2003), the American University Washington College of Law ‘Feminism and Legal Theory Project’
(2004) and the University of Birmingham, Global Ethics Institute, Network of European Women’s Rights (NEWR)
conference on Trafficking (2005).
Adrienne’s research interests are in the fields of anti-terrorist legislation in the Republic of Ireland; transitional
justice; international criminal law; the feminist analysis of international law; human rights and humanitarian law in
relation to the right not to be held in slavery or servitude, on which she is undertaking doctoral work looking
specifically at female sexual slavery. She has run seminars on feminist theory, human rights, and equality law at the
University of Ulster’s Department of Social Sciences. She has also lectured on the United Nations and Transitional
Justice on the Masters in Peacekeeping at the Irish School of Ecumemics, Trinity College Dublin.
22

Niamh Reilly
Niamh joined TJI as a postdoctoral research fellow in 2005 (Magee Campus). She has a
BA (Hons) in Politics and Economics from University College Dublin, an MA in Economics
(International Development) from the University of Wisconsin, and a PhD in Politics from
Rutgers University, New Jersey. Her research interests focus on feminist theory and practice
in relation to human rights and transformative politics in global perspective. She has taught
modules on human rights, feminist and political theory, and conflict and development at
various third-level institutions in Ireland and the US.
From 1989 to 1996 she was a programme associate/director at the Center for Women’s Global Leadership at
Rutgers. She has extensive experience of United Nations institutions and processes and working with women’s
and human rights NGOs internationally and in Ireland. She served as a gender expert on the Joint Department
of Foreign Affairs/NGO Standing Committee in the Republic of Ireland (1997-1999) and was part of a group
invited to advise Amnesty International in the development of its ongoing campaign: Stop Violence against Women.
Most recently, she was a postdoctoral fellow in Women’s Studies and Politics at the University of Limerick
(2003-2005).
Niamh’s interests centre on the role of international human rights in transformative political projects driven
by civil society actors. Her work reflects an interdisciplinary feminist approach informed by critical political
and legal theory insofar as: she seeks to map the dynamics of ‘emancipatory’ projects; begins with a notion of
(international) law as a site of contestation; and is primarily concerned with examining women’s experiences
and the gendered exercise of power. It also builds on critical/feminist international relations and recent work by
democracy theorists recognizing that globalization, and increasing diversity within ‘nation states’, demand that we
rethink ideas of citizenship, rights and justice beyond the state. She is currently writing a book entitled Women’s
Human Rights: Seeking Gender Justice in a Globalising Age which explores transnational feminist advocacy to
shape and use international law – from the UN Women’s Convention, to the ICC and Security Council resolution
1325. It further advances feminist analyses of the interface between human rights and new forms of militarization,
rising fundamentalisms, and neo-liberal globalisation. She is also developing a comparative research project aimed
at positing feminist models of ‘democracy’ in transitional contexts. The project responds to the marginalization of
women in post-conflict reconstruction and the failure of mainstream transitional justice discourse to challenge the
limits of ‘liberal democracy’ as the presumed outcome of transition.
Anne Smith
In 1998 Anne graduated first in her year with a BA Hons in Law and Government from the
University of Ulster. In 1999 at the same university, she was awarded the degree of LLM in
European Law. Having lectured part-time at the University of Ulster from February to June
2000, she began her PhD in the field of human rights and equality law before moving to
Queen’s University Belfast in April 2001. There she occupied posts as Human Rights Training
Officer and as a Research Associate. As the Human Rights Training Officer, Anne provided and
delivered training sessions to the public sector on the Human Rights Act and continues to
provide consultancy work in this area. As a Research Associate, she was involved in a major
research project entitled ‘Evaluating the Effectiveness of National Human Rights Institutions:
The Northern Ireland Human Rights Commission, With Comparisons from South Africa’, January 2005. In 2004
she moved to the Transitional Justice Institute, University of Ulster, where she was appointed lecturer. She teaches
Public International law at undergraduate level and International Human Rights Law at postgraduate level. At
present she is completing a PhD thesis looking at the protection of equality in Bills of Rights.
Anne’s main research interests are in human rights and equality law, especially constitutional and institutional
mechanisms designed to promote and protect human rights and equality. Her PhD thesis examines how Bills
of Rights can be used to guarantee meaningful equality and draws upon the experience of Canada and South
Africa to identify a number of lessons that other countries who are who are adopting a Bill of Rights can learn
about Bills of Rights as a vehicle for protecting equality. As part of her fieldwork for her PhD, as a recipient of
the MOLSON and UK Postgraduate Students Canadian Studies Travel Awards, she spent some time in Canada
in August 2004 interviewing a number of people and organizations on the role the Canadian Charter has played
in protecting equality. She is also interested in the role played by National Human Rights Institutions in the
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promotion and protection of human rights. This interest arose from her involvement whilst she was a Research
Associate at Queen’s University Belfast. Alongside Professor Stephen Livingstone and Dr Rachel Murray, she
contributed to a study resulting in a final report which examined the effectiveness of the Northern Ireland Human
Rights Commission. Anne is a member of the Committee on the Administration of Justice, the British Association
for Canadian Studies and Associate Member of the Equality and Social Inclusion in Ireland project.
Kirk Simpson
Kirk joined the Transitional Justice Institute as a Post Doctoral Research Fellow in February 2006. He graduated
from Queen’s University Belfast (QUB) in 1998 with a BA (Hons) in Politics and Modern History. After gaining
a PGCE (Politics) in 1999 at Queen’s, he studied for a PhD also at QUB. He graduated in 2002 with a PhD
examining the interaction between citizenship education and identity in Northern Ireland (with a particular focus
on Habermasian theory). Before joining the TJI he was Research Fellow at the School of History and Anthropology
QUB, working with Professor Hastings Donnan on research entitled: Catholic-Protestant relationships in Ireland,
North and South: A Study of 3 ‘Frontier’ Communities. This research examined the themes of conflict, power,
community and difference in areas of Ireland that have experienced high levels of political violence within the
last century (West Cork, North Monaghan and South Armagh). Kirk and Professor Donnan have also undertaken
considerable work on victim-hood, memory, political violence and notions of transitional justice in the Irish
border area. They currently have two articles on victims of political violence, ‘truth’ and memory in Northern
Ireland submitted and under review in international academic journals; and are finalizing another on the use of
public space and policy and its implications for Catholic-Protestant relationships in the Irish borderlands (also
for publication in an international journal). He is also finalizing an article on aspects of peace, reconciliation and
transitional justice in Northern Ireland with Dr John Barry (QUB).
Kirk’s current research at the TJI involves work on Transitional Justice, ‘Victim-hood’ and Conflict Resolution
in Northern Ireland. The aim of this research is to more fully understand the complex relationship between
contested notions of political, social and legal ‘justice’ and lasting, durable peace in Northern Ireland amongst
both unionist and nationalist victims of political violence. He is examining the ways in which the communicative
consensual model of conflict resolution and the definition of ‘truth’ (factual, normative, truthful) offered by Jurgen
Habermas can be applied in the case of Northern Ireland, in order to assist the transition from conflict to stable
democracy, justice and peace; and how this theory informs understandings of the relationship between justice
and peace not only in Northern Ireland, but in other transitional justice contexts in which political violence has
created an unstable legal and political landscape. His book in process with Ruane, Donnan, & Butler, is entitled
Catholic-Protestant Relationships in Ireland, North and South.
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Catherine Turner
Catherine joined the Transitional Justice Institute as a Research Assistant in November
2004. She graduated with an LLB from Trinity College Dublin in 2002, and in 2003 the Arts
and Humanities Research Board awarded her a studentship to study for an LLM in public
international law at the London School of Economics. Before joining the TJI she worked in
the Registry Legal Advisory section of the International Criminal Tribunal for the former
Yugoslavia and also for Mediation Northern Ireland, for whom she continues to volunteer. For
the past year she has been working with Professor Fionnuala Ní Aoláin on her forthcoming
book ‘Law in Times of Crisis’, as well as on projects relating to gender and women’s rights.
She has also taught on the Public Law and Human Rights courses at the University of Ulster, School of Law. Her
personal research interests include international legal theory, the politics of human rights and alternative dispute
resolution. She is a member of the European Society of International Law.
Catherine’s main research interests lie in the field of human rights, namely the nature of the movement itself and
the conceptual problems associated with human rights implementation. She is working on an article with Professor
Ní Aoláin on the gendered construction of human rights used as the basis for accountability mechanisms, such
as truth commissions, and the resulting narrow approach which does not adequately address the experience of
women in conflict. Her own work focuses on resistance to human rights in peace processes, particularly from
groups who feel themselves to be on the losing side, most evidently seen in peace processes such as Northern
Ireland and the Middle East, as well as in the resistance to the International Criminal Tribunal in the Balkans. The
primary aim of her research is to examine why such resistance arises, looking specifically at the manner in which
human rights provisions are introduced into peace processes as legal rather than political measures, the lack of
opportunity to express dissatisfaction, and the use of rights for political point scoring.
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5.2 ASSOCIATE RESEARCHERS
GINA BEKKER
Gina is a Lecturer in the School of Law, University of Ulster at Jordanstown. She obtained her LLB from the
University of Pretoria, South Africa and also holds graduate degrees in human rights law from the University of
Pretoria and the University of Notre Dame, U.SA. Prior to joining the University of Ulster, Gina worked as Senior
Legal Officer, Refugee Legal Aid Project, Egyptian Organisation for Human Rights and before that she was Senior
Researcher at the Centre for Human Rights University of Pretoria, Economic and Social Rights Project. Gina has
taught law in both Egypt and South Africa and has also worked as a consultant in relation to human rights issues to
UNDP in Egypt, as well as the South African Human Rights Commission. She is currently writing up her doctorial
thesis on the African Court on Human and Peoples’ Rights. Her research interests broadly lie in the field of human
rights in Africa and her current research is focused on remedies in the African system.
Gráinne McKeever
Gráinne is a lecturer in the School of Law and an associate researcher with the TJI. She researches in the area
of social welfare law, in particular examining the areas of overlap between the social security and criminal justice
systems. This has included research into social security fraud, the use of social security as a criminal sanction
and, more generally, the criminalisation of poverty. Her current work focuses on the social welfare problems
facing political ex-prisoners in Northern Ireland, examining the implications of these problems for citizenship and
reintegration, and attempting to reconceive the problem of exclusion through the dimension of poverty.
Cathy Gormley - Heenan
Cathy is a Lecturer in the School of Policy Studies at the University of Ulster, an associate
researcher with the Transitional Justice Institute and an associate staff member of INCORE
(International Conflict Research) where she held the 2004-2005 Tip O’Neill Fellowship. Apart
from teaching undergraduate and graduate level government classes, she has taught on issues
of political leadership in societies in transition for a number of years at the University of
Ulster and also at the UNU (United Nations University) International Leadership Academy
in Amman in 2000 & 2004 and was awarded a fellowship in leadership studies at the James
Burns MacGregor Academy of Leadership at the University of Maryland in 2000. Other
awards have included a Kennedy Scholarship to the J.F.K. School of Government and Public
Policy at Harvard University in 1996-1997. Prior to this scholarship, Cathy took an MPhil in Middle Eastern Studies
at St. Antony’s College, Oxford University. She also holds a first class honours degree in political science from
Queens University, Belfast. She has recently finished writing up her doctorate on aspects of political leadership
during the Northern Ireland peace process from 1994-1998.
VENKAT IYER
Venkat Iyer is a Senior Lecturer in the School of Law, UUJ. Prior to joining the university, he was engaged in
establishing an international database on States of Emergency at the Queen’s University of Belfast. Dr Iyer has also
worked in the Legal Office of Amnesty International in London, and has carried out special projects for a number
of international NGOs including Article IX, the International Commission of Jurists, and the Lawyers’ Committee
for Human Rights (now Human Rights First). A barrister by training, he is a member of the Bars of Northern
Ireland and India.
His research interests encompass the areas of constitutional law, media law and human rights. As a Research
Fellow – and later as an Associate Researcher – at the TJI, Dr Iyer has been working on transition-related issues
in the Fiji Islands. His publications in this field include two articles, “Courts and Constitutional Usurpers: Some
Lessons from Fiji” (Dalhousie Law Journal, Fall 2005) and “Restoration Constitutionalism in the South Pacific”
(Pacific Rim Law and Policy Journal, Fall 2005). He is currently studying the Promotion of Reconciliation, Tolerance
and Unity Bill, promulgated by the Fijian Government in September 2005. Dr Iyer’s expertise in media law led to
his nomination in 1990 as a Nuffield Press Fellow at Wolfson College, Cambridge. He has also served as an adviser
to the Royal Government of Bhutan, and was responsible, in 2003-04, for the drafting of that country’s media laws.
Dr Iyer is the Editor of The Commonwealth Lawyer, published from London.
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EUGENE McNAMEE
Eugene joined the School of Law as a lecturer in 2005. He holds a PhD from the University of Florence and prior to
joining the University of Ulster he taught at Birkbeck College School of Law (1997-2000), and held a post doctoral
fellowship in the Department of Sociology at University College Cork (2002-2004). His main research interests
include Law and Culture, Legal Subjectivity, Constitutional Law and Human Rights. He is currently undertaking
research on the International Criminal Tribunal for Rwanda(ICTR), with a particular focus on two aspects, namely
the legal anthropology of defence council at the ICTR, and ‘meta conflicts at the ICTR’, which is a case study of the
transformational dynamics of criminal accountability mechanisms which have reconciliation as their stated aim.
Angela Hegarty
Angela is Senior Lecturer in Law at the University of Ulster at Magee. Born and raised in
Derry, she graduated in law from QUB in 1985 and subsequently qualified as a solicitor. She
obtained an LLM in Human Rights, Emergency Law & Discrimination, also from QUB, in 1991.
She is the Subject Director for Law at the Magee campus of the University, where she runs
the LLB Programmes, teaches Public Law, Evidence and runs an innovative and successful
Clinical Law programme. Her research interests are in human rights, transitional justice and
policing. She is currently engaged in research into public inquiries and truth processes and
is conducting a study of the Bloody Sunday Inquiry. She is a past Chair of the Committee
on the Administration of Justice, which won the Council of Europe Human Rights Prize in 1998. She is a board
member of a number of human rights NGOs and is also a trustee of the Bloody Sunday Centre. She has a long
track record of professional and voluntary work in the human rights field. She was previously appointed to the
Equal Opportunities Commission for Northern Ireland, the Standing Advisory Commission on Human Rights
and to the Northern Ireland Human Rights Commission. In 2002 she was awarded a Distinguished Community
Fellowship by the University of Ulster and in 2003 became one of the first Research Fellows at the University’s
newly established Transitional Justice Institute.
Bill Rolston
Bill is Professor of Sociology on the Jordanstown campus. He has an undergraduate degree
and doctorate, both in Sociology and both obtained at Queen’s University Belfast. He has
been lecturing in Sociology at Jordanstown since 1977.
During this period he has also written and researched widely on numerous aspects of society,
politics and culture in Northern Ireland. His current research interests are in the areas
of popular political culture, in particular, wall murals; community and voluntary politics in
Northern Ireland; the mass media; and human rights issues, in particular, truth commissions.
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Eilish Rooney
Eilish is a feminist academic and community activist in the School of Sociology and Applied
Social Studies, University of Ulster. Her work on women in the Northern Irish conflict has
appeared in a range of publications and conferences. Recent contributions have included
Feminist Theory and the Community Development Journal. She contributed a section on
contemporary Northern Irish women’s writing to the Field Day Anthology of Irish Writing,
Vol. V: Irish Women’s Writing & Traditions. She co-authored a seminal study of women’s
participation in political parties and local groups Women, Community and Politics in Northern
Ireland and is currently working with the Transitional Justice Institute on women, gender
and equality in transition. Recent conferences include: Plenary Address to Women on Ireland Research Network,
University of Limerick; Theorising Intersectionality Workshop, Research Centre for Law, Gender and Sexuality,
Keele. She is Co-ordinator of Academic Affairs: Community Studies, Faculty of Social Sciences and Programme
Director of the BSc (Hons) Community Development. Awards include: the Féile an Phobail: ‘Woman of the Year
2005’ for contributions to women’s education in Belfast; the Belfast City Council Millennium Award 2001 for
contributions to community education; and the International Council for Adult Education J. Roby Kidd Special
Citation for innovation in adult education. She contributed an address to the John Hewitt Summer School (2005);
to the Presbyterian Special Assembly Conference (2004); to the annual Belfast Film Festival. She makes regular
contributions to debate on national and local media.
Cahal McLaughlin
Cahal is a senior lecturer at the School of Media, Film and Journalism at the University of Ulster. A documentary
film maker with almost 20 years of broadcast and community production experience, he has most recently
directed Inside Storires: Memories of the Maze and Long Kesh Prison (Catalyst Arts 2005), and We Never Give Up
(2002) for the Human Rights Media Centre, Cape Town, on Apartheid reparations in South Africa. Cahal’s writings
include ‘Telling Our Story: Recording Audio Visual Testimonies from Political Conflict’ in Barton R. abnd O’Brien
H. (eds) Keeping it Real: Irish Film and Television London, Wallflower Press (2004), and ‘Touchstone and Tinderbox:
documenting memories inside the North of Ireland’s Long Kesh Prison’ in Schofield et al. (eds) Re-mapping the
Field: New Approaches in Conflict Archaeology. He is also director of the Prisons Memories Archive, funded by
the Heritage Lottery Fund, and which has recently recorded audio visual memories of ex-occupants inside Armagh
Prison.
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5.3 DOCTORAL STUDENTS
The Transitional Justice Institute aims to build a thriving research culture, and an intrinsic part of this is our PhD
programme. We are particularly keen to encourage the development of the ‘next generation’ of researchers, and
to create an exciting and innovative culture of research in transitional legal studies. In conjunction with the School
of Law, we invite applications for research in areas of staff interest and expertise on an annual basis.
Thomas Bundschuh
Thomas is currently completing his doctoral work as a PhD Research Fellow at the Transitional Justice Institute
of the University of Ulster in Northern Ireland. He holds an LLM in International Human Rights Law from the
University of Essex. An accomplished lawyer educated in Germany, England and Switzerland, Thomas has gained a
wealth of experience through his work and research in Brazil, Uganda, Rwanda, Canada and South Africa.
He is the co-author of “Working Together for Sustainable Peace: Conflict Resolvers and Human Rights Advocates
in Sierra Leone” in the forthcoming volume Human Rights and Conflict Resolution In Context: Case Studies from
Colombia, Sierra Leone and Northern Ireland. In his PhD research he examines the architecture of justice in
transitional societies with particular attention to economic, social and cultural rights. He locates his current inquiry
within a broader focus on transformational justice regarding deeply divided societies marked by entrenched local
and/or global inequalities.
Sorcha McKenna
Sorcha joined the TJI as a PhD research fellow in 2004. She hold a degree in Legal Science
and Philosophy from NUI Galway, where she wrote a dissertation on the sentencing of
sexual offences in Ireland, and a Masters in Human Rights from Queens University Belfast,
where her research focused on the commercial exploitation of Children. She is currently in
the second year of her PhD, which expands on her earlier interest in children’s rights and
sexual violence by extending into the field of international law and the specific context of
armed conflict. The thesis, entitled “Innocence Lost - The effectiveness of international law in
the protection of children from sexual violence during armed conflict”, will critique existing
humanitarian and human rights provisions for failing to provide adequate protection to children. The case studies
of Sierra Leone and Bosnia will be used to illustrate how child sexual violence can manifest during armed conflict,
and the various responses to such abuses post conflict. In particular the thesis will focus on the mechanisms of
accountability used in each of the case studies and the role of children within them. The aim of the research is to
contribute to the dearth of socio-legal child specific information on the impact of conflict on children, child as
victims of sexual violence and access to justice for child victims post conflict.
Khanyisela Moyo
Khanyisela is a Zimbabwean trained lawyer who has taught and practised law in Zimbabwe
and has served on several boards including that of the Zimbabwean Lawyers for Human
rights in Zimbabwe and Women into Politics, Northern Ireland. She holds a masters degree
in International Human Rights Law from Oslo, Norway and an LLM in Public International
Law from Nottingham University, United Kingdom. Currently, she is a second year PhD
Research Fellow with the Transitional Justice Institute at the University of Ulster, Northern
Ireland. Her thesis, which is likely to be submitted in December 2007, uses Zimbabwe as a
case study to analyse the multitudinous complexities of transitional justice in postcolonial
societies. In addition to transitional justice her research interests are in postcolonial legal theory, feminist legal
theory, minority rights, law of international organisations, issues of collective security and economic, social and
cultural rights.
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6. LLM IN HUMAN RIGHTS LAW
The LLM in Human Rights Law at the University of Ulster began in September 2005 and is being delivered by the
Transitional Justice Institute in association with the School of Law at both the Jordanstown and Magee campuses..
The LLM programme is made up of several modules including:
➢ Foundations of International Human Rights Law
➢ The Rule of Law and Transitional Justice
➢ Advanced Human Rights Law
➢ Equality Law
➢ Criminal Justice, Human Rights and Law Enforcement
➢ Human Rights and Vulnerable Groups
➢ Dissertation
The 2006/07 cohort of LLM students commenced their studies on 27 September 2006 (pictured below) following on
from two days Induction and Registration which included training sessions and formal induction onto the course. The
students participating in the course include students from Northern Ireland, Republic of Ireland, Uganda, Zimbabwe and
Cameroon. Those international students were able to attend as a result of scholarships support provided by the TJI.
The TJI and the NI Human Rights Commission established an internship programme for the LLM students. The programme
is a valuable collaboration between the Institute and Commission with further joint ventures for students being planned,
such as an annual essay prize and a visit to the Commission offices each academic year.
LLM Forum
In addition to the development of the formal teaching programme on the LLM in Human Rights, the Institute has also
established an “LLM Forum” which takes place on those weeks when there are no formal classes. This Forum is made up
of a Film Series, Seminars and Research Workshops that are all relevant to their research and complement the teaching
on the course. Dr Kirk Simpson manages this Forum in conjunction with other staff as relevant.
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7. TJI CONFERENCES AND EVENTS
The TJI has developed three main types of events including our annual international conferences, the regular TJI Seminar
Series and other events including book launches and smaller conferences.
7.1 TJI Conferences
‘War on Terror - International and Interdisciplinary Perspectives: Five Years On’
The TJI 2006 Annual international conference, ‘War on Terror - International and Interdisciplinary Perspectives: Five
Years On’, was a joint event co-sponsored and supported with the University of Minnesota Law School and took place
on November 9th and 10th, 2006 in the University of Minnesota. The conference was a law-led exploration that draws
on leading edge, law-related IR and Social Movement Theory perspectives. Topics included: International Law and the Use
of Force in the 21st Century; Peace and Exit Strategies; Law, Repression and Social Movement Theory; Law International
Relations, and Hegemony.
Speakers were drawn from a aide array of internationally recognised scholars in the field and included: Prof. David
Wippmann (Cornell Law School), Prof. David Weissbrodt (University of Minnesota Law School), Prof. Oren Gross
(Minnesota Law School), Prof. David Kennedy (Harvard Law School), Prof. Christian Davenport (University of Maryland),
Prof. Colm Campbell (Transitional Justice Institute), Dr. Achilles Skordas (Bristol Law School), Prof. Fionnuala Ni Aoláin
(Transitional Justice Institute & University of Minnesota Law School), Dr. Shane Darcy (Transitional Justice Institute), Prof.
Christine Bell (Transitional Justice Institute), Prof Brendan O’Leary (University of Pennsylvania) and Prof. Ian Lustick
(University of Pennsylvania).
The conference was a huge success with excellent attendance from academic staff and students from the Minnesota Law
School. The papers presented at the symposium was published in Spring 2007 by the University of Minnesota Journal of
International Law. A video-recording of the conference is available on our website.
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7.2 Other TJI and Related Events
‘Negotiating Justice? Peace Agreements and Human Rights’
The TJI hosted an event on 22 June 2006 in Belfast to mark the launch of the International Council for Human Rights
Policy report: “Negotiating Justice?” which was authored by Professor Christine Bell. The event was well attended
by representatives of various national human rights institutions in Europe and involved speakers including Professor
Bell, Professor Monica McWilliams, Chief Commissioner of the Human Rights Commission and Susan McCrory of the
International Council for Human Rights Policy.
Launch of Law in Times of Crisis, Belfast Campus. L-R Professor Oren Gross (TJI),
Professor Richard Barnett Vice-Chancellor University of Ulster, Professor Fionnuala Ni Aolain (TJI)
Visit by Professor Michelene Ishay to Belfast July 2007, L-R Professor Fionnuala Ni Aoláin, Professor Michelene Ishay, Professor David Kretzmer and Professor Oren Gross.
Conference Participants, in the international conference entitled “Constitutional Rights and International Human Rights: Separate but Equal?” honouring
Professor David Kretzmer, Jerusalem Israel November 2007.
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Professor Fionnuala Ni Aoláin at the Conference honouring Professor David Kretzmer with Justice Arahon Barak, former Chief Justice Israel Supreme Court.
7.3 TJI Seminar Series
2006-2007 Joint Seminar Series – TJI and University of Liverpool:
‘Constructive and Peaceful State-Ethnic Community Relations – The Role of the International
Community: Legal and Policy Issues’
The TJI co-hosting a research seminar series entitled “Constructive and Peaceful State-Ethnic Community Relations –
The Role of the International Community: Legal and Policy Issues” with the University of Liverpool Law School. The
seminar speakers hosted by the Transitional Justice Institute were:
• 2 February 2007: Professor Patrick Thornberry, Keele University.
• 20 February 2007: Dr Kathleen Cavanaugh, NUI Galway: Reframing the Discourse of International Law in
Israel/Occupied Territories and Iraq
• 16 March 2007: Dr David Keane, Brunel University: Addressing the Aggravated Meeting Points of Race and
Religion.
• 20 April 2007: Professor Tom Hadden, Queen’s University Belfast.
TJI Seminar Series – Autumn semester 2006
• Professor Julie Mertus from the School of International Service, American University delivered a seminar on
‘Human Rights and U.S. Foreign Policy’ on Tuesday 17 October 2006 in the Jordanstown campus.
Prof Julie Mertus (centre) with seminar participants, Dalriada House, Oct 2006
• Dr Robbie McVeigh and Ronit Lentin, delivered a seminar on “After Optimism: Ireland, Globalisation and
Racism”, Magee campus on 13 November 2006.
• Professor Colm Campbell, Associate Director of TJI, will deliver a seminar on “Law’s Place in the Repression-
Mobilisation Nexus: Lessons from Northern Ireland for the ‘war on terror’” at the Magee campus on 4
December.
• Dr Phil Clark, Post Doctoral Fellow at TJI, will deliver a seminar on “Justice Without Lawyers: the Gacaca
Community Courts and Post-Genocide Justice and Reconciliation in Rwanda” at the Jordanstown campus on
Tuesday 5 December 2006.
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TJI Seminar Series – Spring semester 2006
• Thursday 23 February: Grainne McKeever, Associate Researcher, TJI, Ex-prisoners, Welfare and Citizenship
• Monday 6 March: Slavica Stojanovic, Reconstruction Women’s Fund (Belgrade)
• Thursday 9 March: Eilish Rooney, Associate Researcher, TJI, Women’s Equality in Transition: Intersectionality in
Theory & Place
• Thursday 23 March: Professor Bill Rolston, Associate Researcher, TJI, Death Squads and Democracy: The Case
of Northern Ireland
• Tuesday 28 March, Angela Hegarty, Associate Researcher, TJI, Governing Memory: Truth, Law and Bloody
Sunday
• Thursday 4 May, Eugene McNamee, Associate Researcher, TJI, Defending Genocide
• Friday 5 May, Professor Christine Bell, Director, TJI, ‘Lex Pacificatoria’: The New Law of the Peacemaker
• Tuesday 16 May, Cath Collins, Chatham House, The Politics of Memorial: Torture and Visual Landscape in Chile
• Thursday 18 May, Dr Cathy Gormley-Heenan, Associate Researcher, TJI, Understanding Political Leadership in
Transitional Societies
• Monday 29 May, Gaby Ore Aguilar, Gender Justice Project, “Gender Justice and the Right to Reparation: Redressing
discrimination and conflict-related Human Rights Violations”
• Thursday 1 June, Dr Venkat Iyer, Transition-Related Developments in Fiji: An Update
• Monday 5 June, Dr. Joshua Castellino, Irish Centre for Human Rights (NUI Galway) Book Launch “Minority Rights
in Asia: A Comparative Legal Analysis”
• Thursday, 8 June, Ms Khanyisela Moyo, PhD Student, TJI, ‘Zimbabwe: The Rule of law and Judicial Independence
Paradox’
• Friday 9 June, LLM Event for TJI Staff and Students, “A Force more Powerful” Strategy Game
• Monday 12 June, Dr Edwin Abuya, Lecturer, TJI, Strengthening International Asylum: The Torture Convention as a
Complimentary Tool
• Monday 3 July, Prof. David Abraham, Miami University, The Boundaries and Bonds of Citizenship: Recognition and
Redistribution in the U.S., Germany, and Israel.
Visiting Fellows Seminars/ Events
Professor Micheline Ishay from the University of Denver delivered a seminar on “Debating Human Rights in the Era of
Globalisation” at the Jordanstown campus which was well attended by both staff and students.
Professor Christian Davenport from the University of Maryland delivered a seminar on “The state’s must be crazy:
dissent and the puzzle of repressive persistence” at the Jordanstown campus on 17 August 2007 which was well
attended by staff and students of the Institute.
Professor Oren Gross, University of Minnesota was one of the speakers at the launch of Professor Gross and Ní Aolaín’s
co-authored book “Law in Times of Crisis” in the Belfast campus in June 2007. The event was well attended by University
personnel, funding bodies, local NGO and policy makers.
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8. VISITING FELLOWS TO TJI
Professor Micheline Ishay
Micheline Ishay, is professor and director of the International Human Rights Program at the Graduate School of
International Studies at the University of Denver - the largest interdisciplinary human rights program in the United
States. She developed a joint human rights program with the Minerva Center at the Hebrew University --a program
now successfully entering its second year. She is the author or editor of half a dozen numerous articles and books, such
as Internationalism and Its Betrayal, the Nationalism Reader. Her History of Human Rights: from Ancient Times to the Era of
Globalization (published by the University of California Press) has been translated into several languages, and was chosen
by The Philadelphia Inquirer as one of the ten top non-fiction books of 2004. A second edition of this book will be released
in June. The second edition of her widely adopted Human Rights Reader: From Ancient Times to the Present was published in
2007. She is currently working on her new book project, the Future of Human Rights, which she began while Lady Davis
Professor at the University of Jerusalem in 2006. She travels widely in Europe, the United States and the Middle East,
speaking on a variety of topics ranging from current political issues, to political theory, to human rights to American
Foreign Policy.
Professor Christian Davenport, is Professor at the University of Maryland, Department of Government and Politics.
He received his Ph.D. from Binghamton University (1992), his Masters in Arts in Political Science in 1990, and his B.A.
in Political Science from Clark University (1987). His current primary areas of research are: the Radical Information
Project (RIP), which concerns the importance of perspective and source selection for understanding political conflict,
and Stop Our States (SOS), which concerns the reduction of state repression/human rights violations and what can be
done to bring this about. He has previously taught at University of Colorado (1996-99) and the University of Houston
(1991-1996). He has authored State Repression and the Domestic Democratic Peace (Cambridge University Press, 2007)
and The Rashomon Effect: Contentious Politics, Data Generation and the Importance of Perspective in Black Panther Repression
(under review). He has published widely in peer reviewed journals such as the Annual Review of Political Science, the
Journal of peace Research, the Journal of Conflict Resolution, and the American Journal of Political Science.
Professor Oren Gross, Irving Younger Professor of Law and Director of the Center for Legal
Studies at the University of Minnesota Law School.
Professor Gross’s main areas of research are international law, national security law, and international
trade law. He is also an expert on the Middle East and the Arab-Israeli conflict. Professor Gross
joined the University of Minnesota Law School in 2002. Prior to joining the University of Minnesota,
Professor Gross was a member of the faculty of the Tel Aviv University Law School (Israel). He also
taught and held visiting positions at the Benjamin N. Cardozo School of Law, Princeton University,
Queen’s University in Belfast (Northern Ireland), the Max Planck Institute for Comparative Public Law and International
Law in Heidelberg (Germany) and Brandeis University. Professor Gross has published extensively. His articles have
appeared in leading academic journals such as the Yale Law Journal, the Yale Journal of International Law, Michigan Journal
of International Law, Minnesota Law Review, and the Cardozo Law Review. His book, Law in Times of Crisis: Emergency
Powers in Theoretical and Comparative Perspective, co-authored with Professor Fionnuala Ní Aoláin, is forthcoming
with Cambridge University Press. During his time at the TJI he delivered seminars on: “Stability and Flexibility: A Dicey
Business” in June 2005 and on “The Changing Understanding of National Security” in October 2005.
35

9. INTERNSHIP PROGRAMME
Human Rights Commission – TJI Internship Scheme
The Institute has taken part in an internship scheme arranged with the Northern Ireland Human Rights Commission.
One student selected through a competitive process at the Institute was able to take up the internship scheme.
The student worked in the NIHRC for one day a week for approximately ten weeks. The student involved was assigned
to different divisions within the NIHRC (primarily within the Information, Education & Development team, but also
within Legal Services, Policy & Research) and then invited to observe their work and perform set tasks. The student
involved wrote a short piece (600-1000 words) for the NIHRC magazine. The student involved was expected to write
a short report on their placement, so that the University of Ulster and NIHRC can assess how the placement worked
and how it may be improved.
Northern Ireland Law Center – TJI Internship Scheme
The Transitional Justice Institute and the Law Centre and the Centre on Human Rights for Disabled People have
developed an internship opportunity for students on the LLM Programme in Human Rights Law at the University of
Ulster. The placement will begin in March 2008 and up to two internships per year may be available.
• The student will work in the offices of the Centre at Disability Action for one day a week for approximately 10
weeks.
• The student will be involved in researching key issues relating to the UN Convention on the Rights of Persons with
Disabilities and its Optional Protocol (adopted by the General Assembly on 13 December 2006, and opened for
signature on 30 March 2007).
• The internship offers a significant opportunity to students to gain highly practical experience and knowledge of
working within a human rights NGO.
36

10. TJI EXTERNAL BOARD
The Transitional Justice Institute’s next External Board Meeting will take place in Belfast on November 12th and 13th,
2007. Plans have been advanced to maximize the benefit of the Board’s visit and to use the time to think through the
challenges and opportunities for the Institute in the post RAE environment.
Professor Henry Steiner, Jeremiah Smith, Jr. Professor of Law, Harvard Law School
Professor Steiner is the founder and director of the Harvard Human Rights Program, and for many years chair and
co-chair of the Harvard University Committee on Human Rights Studies. He has published articles on a wide range of
human rights issues and has lectured on the subject in over 20 countries. His most recent book is Steiner and Alston,
International Human Rights in Context: Law, Politics, Morals (2nd ed. 2000). He is also chair of the Board of Directors of
the University of the Middle East Project. Professor Steiner is generally recognised as one of the most eminent human
rights academics in the United States and the TJI is delighted that he will be a part of our intellectual community this
autumn.
Professor Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law
Chair, Comparative Law and Politics Discussion Group
A nationally recognized authority on international law, international human rights, and constitutional law, Ruti Teitel is
the author of Transitional Justice (Oxford University Press, 2000), which examines the 20th century transitions from
authoritarianism to democracy in many countries. A member of the Council on Foreign Relations, she provides expert
commentary on such issues as the historic trial at the International Criminal Court at The Hague relating to “ethnic
cleansing” in the former Yugoslavia. An author and frequent speaker in academia and the media, Professor Teitel is
the first Ernst C. Stiefel Professor of Comparative Law at New York Law School. She teaches international human
rights and comparative and U.S. constitutional law. Her extensive body of scholarly writing on comparative law, human
rights, and constitutionalism encompasses articles published in some of the country’s most prestigious legal journals,
including the Yale Law Journal, Cornell Law Review, and Columbia Human Rights Law Review. In addition, she has written
numerous book chapters contributing to volumes covering issues of both law and politics. She also writes on human
rights issues for a broader audience, having published in The New York Times, Legal Affairs, and Findlaw.com. A cum laude
graduate of Georgetown University, Professor Teitel received her J.D. from Cornell Law School and was a Senior Fellow
at the Orville H. Schell, Jr. Center for International Human Rights at Yale Law School. She is a member of the Steering
Committee of Human Rights Watch Europe/Central Asia, as well as a member of the Executive Advisory Board of the
Holocaust/Human Rights Research Project of Boston College Law School. In 1993, she received a grant from the United
States Institute of Peace.
Professor Christopher McCrudden, Professor of Human Rights Law, University of Oxford
Professor Christopher McCrudden teaches in the areas of international, European, and comparative human rights, and is
interested in the relationship between international economic law and labor rights. He is currently writing a book entitled:
Buying Social Justice about the relationship between public procurement and equality. He is Fellow and Tutor in Law, at
Lincoln College, Oxford; Professor of Human Rights Law in the University of Oxford; a non-practicing Barrister-at-Law
(Gray’s Inn ); and an Overseas Affiliated Professor of Law at the University of Michigan Law School. McCrudden holds
an LL.B. from Queen’s University, Belfast, an LL.M. from Yale, and a D. Phil. from Oxford. He specializes in human rights
(international, European and comparative), and currently concentrates on issues of equality and discrimination, and
the relationship between international economic law and human rights. He is a member of editorial boards of several
journals, including European Public Law, the Oxford Journal of Legal Studies, the International Journal of Discrimination and
the Law, and the Journal of International Economic Law, as well as being co-editor of the Law in Context series. He
serves on the European Commission’s Expert Network on the Application of the Gender Equality Directives, and is a
scientific director of the European Commission’s network of experts on non-discrimination. He is also a member of the
Procurement Board for Northern Ireland.
37

Professor Bill Bowring, Professor of Law, School of Law, Birkbeck College, University of London
Professor Bill Bowring is Professor of Law in the School of Law, Birkbeck College, University of London, and a practising
English barrister (mainly in the European Court of Human Rights).
He was previously Professor of Human Rights and International Law at London Metropolitan University, the largest
University in London and Director of the University’s Human Rights and Social Justice Research Institute, and founder
and Academic Coordinator of the EC/EIDHR funded European Human Rights Advocacy Centre (EHRAC) which is part
of the Institute. EHRAC is assisting the applicants in more than 60 cases against the Russian Federation, including the first
six cases concerning the conflict in Chechnya (judgment given for the applicants on 24 February 2005). The Institute is
actively engaged in teaching, and Prof Bowring is the founder and Director of the LLM in Human Rights, which, with its
sister the MA in Human Rights and Social Justice, now attracts some 50 postgraduate students from many countries of
the world.
Prof Bowring is an Executive Committee member of the Bar Human Rights Committee of England and Wales, a member
of the Council of LIBERTY (the National Council for Civil Liberties), a trustee of REDRESS (reparation and compensation
for victims of torture) and a member of the Rule of Law Council of the International Helsinki Federation.
Prof Bowring is the Senior Criminal Justice Law Expert for the EC/British Council project“ Reforming the Procuracy in
Georgia”, and leads the HRSJ team which has designed the training materials and programme and provided training to
all 750 prosecutors in Georgia, including on torture issues. He led the Institute team which provided an Audit of Human
Rights in Serbia and Montenegro for the OSCE Mission in SaM. He is the European Expert for the European Union Policy
Advice Programme project “The Development of a System of Administrative Justice in Russia”. He acts as an expert
on a regular basis for the Council of Europe and other international organisations on issues concerning human rights,
minority rights, and rights to education.
38

11. RESEARCH FUNDING
Staff Name(s) Title of Award Funding Body Value
Professor Fionnuala Scholarships for LLM (1) Planethood $25,000
Ní Aoláin
Foundation, USA
Professor Fionnuala Scholarships for LLM (2) Planethood $2,500
Ní Aoláin
Foundation, USA
Colm Campbell Visiting Scholarship (3) British Academy £2,600
Thomas Bundschuh, Conference Grant (4) British Academy £2,000
Esther McGuiness,
and Mary O’Rawe
Professor Fionnuala Conference Grant (5) British Academy £2,000
Ní Aoláin
Professors Fionnuala RCUK Post Doctoral Research Research Councils UK £500,000
Ní Aoláin, Colm Fellowships (6)
Campbell, Christine
Bell
Professors Leverhulme Emeritus Professorship (7) Leverhulme Trust £3,3,41
William Twining *&
Professor Fionnuala
Ní Aoláin.
Professors Social Sciences Small Grant (8) Nuffield Foundation £7,000
Christine Bell
Dr. Shane Darcy Research support grant (9) British Academy £7, 235
Dr. Elvira Research support grant (10) British Academy £6,310
Dominguez-
Redondo
Dr. Kirk Simpson Research support grant (11) British Academy £1,800
Notes
1. Scholarships for LLM in Human Rights Law: the US-based Planethood Foundation partially funded an international
student in 2005 ($2,500).
2. TJI subsequently received $25,000 in funding from Planethood Foundation in 2006 to assist international students in
attending the programme.
3. TJI secured funding under the British Academy’s Visiting Scholarship programme of funding. £2,600 was received to
facilitate Professor Oren Gross of the University of Minnesota Law School visiting the Institute from May/June to
December 2005.
4. TJI secured funding from the British Academy under its British Conference Grant application for £2,000 to assist with
the travel costs of international speakers at the “Women and Human Rights” conference in May 2005.
5. TJI secured funding from the British Academy under its British Conference Grant application for £2,000 to assist with
international travel costs of speakers at the conference on “Developing Economic and Social Rights: The Global and the
Local” in November 2005.
6. The long-term viability of the TJI was further strengthened by the award to the Institute of £500,000 to support
post-doctoral work by the UK Research Councils. This will enable the appointment of four Post Doctoral Academic
Fellows under a scheme that provides funding until 2010
39

ANNEX 1: PUBLICATIONS
Copies of publications can be downloaded from www.transitionaljustice.ulster.ac.uk.
Professor Christine Bell
Books
Peace Agreements and Human Rights. Oxford: Oxford University Press, 2000.
Learning Legal Skills. 3rd ed. London: Blackstone, 1999 (co-author).
Peer Reviewed Articles
“Does Feminism Need a Theory of Transitional Justice – An Introductory Essay”, International Journal of Transitional
Justice, Vol 1, Issue 1. 2007 (co-author with C O’Rourke)
“The People’s Peace: Peace Agreements, Civil Society and Participatory Democracy.” International Political Science
Review (2007) (co-author with C O’Rourke)
“Peace Agreements: Their Nature and Legal Status.” 100 (2) American Journal of International Law (2006)
“Lost on the Way Home? The Right to Life in Northern Ireland.” 32 Journal of Law and Society (2005): 68 (co-author
with J Keenan).
“Human Rights Nongovernmental Organisations and the Problems of Transition.” 26 Human Rights Quarterly
(2004): 331 (co-author with J Keenan)
“Dealing with the Past in Northern Ireland.” 26 Fordham International Law Journal (2003): 1095.
Book Chapters/Other Articles
“Human Rights, Peace Agreements and Conflict Resolution: Negotiating Justice in Northern Ireland.” In Conflict
and Human Rights, edited by J Hesling and J Mertus. Washington DC: United States Institute of Peace, 2006
forthcoming.
“Peace Agreements and Human Rights: Implications for the UN.” In The UN, Human Rights, Post Conflict Situations,
edited by N White and D Klassen. Manchester: Manchester University Press, 2005.
“Women Address the Problems of Peace Agreements.” In Women, Peacemaking and Constitutions, edited by R
Coomeraswamy and D Fonseka. New Delhi: Women Unlimited, 2005.
“Paths to the Future: Peace Agreements and Human Rights.” In Progressing Towards Peace, edited by J Darby and R
McGinty. Houndsmill: Palgrave/Macmillan, 2002.
“Minority Rights and Conflict Resolution in Northern Ireland.” In Minority Rights in the ‘New Europe’, edited by
Wheatly and Cumper. The Hague & London: Martinus Nijhoff/Kluwer, 1999.
“Women, Equality and Political Participation.” In (Dis)Agreeing Ireland, edited by J Anderson and J Goodman. London:
Pluto Press, 1999.
Reports
“Negotiating Justice: Human Rights and Peace Agreements.” Geneva: International Committee on Human Rights
Policy, 2006
Other
“Reunification: More Than the Colour of Post Boxes.” The Village, Dublin November 2005
40

Professor Colm Campbell
Books
Transitional Justice- Northern Ireland and Beyond Special Edition of Fordham International Law Journal, 2003 (coeditor
with F Ní Aoláin).
Emergency Law in Ireland, 1918-1925, 429 pp., Oxford University Press (Clarendon Press), (1994).
C. Campbell (with K. Schulze & M. Stokes) (eds.), Nationalism and Minorities in the Middle East: Identities and Rights,
266 pp., IB Tauris (1996).
Peer Reviewed Articles
‘Making ‘Wars on Terror’? Lessons from Northern Ireland’, Modern Law Review, forthcoming 2006.
“’Wars on Terror’ and Vicarious Hegemons.” 54 International and Comparative Law Quarterly (2005): 321
“The Paradox of Transition in Conflicted Democracies.” 27 Human Rights Quarterly (2005): 172. (co-author with
F Ní Aoláin)
“Justice Discourses in Transition.” 13 Social and Legal Studies. (2004): 306-28
“A Model for the ‘War against Terrorism’? Military Intervention and the 1970 Falls Curfew.” 30 Journal of Law and
Society (2003): 341. (co-author with I Connolly).
“The Frontiers of Legal Analysis: Re-Framing the Transition in Northern Ireland.” 66 Modern Law Review (2003):
317-45. (co-author with F Ní Aoláin and C Harvey).
“Local Meets Global: Transitional Justice in Northern Ireland.” 26(4) Fordham International Law Journal (2003): 871.
(co-author with F Ní Aoláin).
“Peace and the Laws of War: The Role of International Humanitarian Law in the Post-Conflict Environment.” 82
International Review of the Red Cross (2000): 627-52.
“The Criminal Justice (United Nations Convention Against Torture) Act 2000 and the Criminal Justice (Safety of
United Nations Workers) Act 2000’ 3 Yearbook of International Humanitarian Law (2000):529 (co-author with R
Murphy)
“Two Steps Backwards: The Criminal Justice (Terrorism and Conspiracy) Act 1998.” Criminal Law Review (1999):
941-59.
“Ireland: Commentary on The Geneva Conventions (Amendment) Act 1998” 2 Yearbook of International Humanitarian
Law (Asser Institute Correspondent’s Report) (1999): 380 – 383 (co-author with R Murphy).
“The International War Crimes Tribunals Act, 1998” Irish Current Law Statutes Annotated (1998): 40-01 – 40-40.
(co-author with R Murphy).
“Ireland: Chemicals Weapons Act 1997” 1 Netherlands Yearbook of International Humanitarian Law (correspondent’s
reports): 460 – 467 (co-author with R Murphy).
“The Geneva Conventions (Amendment) Act 1998” Irish Current Law Statutes Annotated R. 64 (1998):35-01 - 35-58.
(co-author with R Murphy).
“Extradition to Northern Ireland: Prospects and Problems” 52 Modern Law Review (1989):585
“Irish Extradition Developments” 39 Northern Ireland Legal Quarterly (1988): 191.
Book Chapters/Other Articles
“Northern Ireland: Violent Conflict and the Resilience of International Law.” In Counter Terror and Human Rights:
International Perspectives on National Insecurity, edited by A Brysk and G Shafir, University of California Press, 2007
(forthcoming).
“A Useful Model? Emergency and Anti-Terrorist Powers in Northern Ireland.” In The New Islamic Terrorism, edited
by A Bradanini: United Nations Interregional Crime and Justice Research Institute (UNICRI), 2003. (co-author
with I Connolly).
“Practice to Theory, States of Emergency and Human Rights Protection in Asia.” In Human Rights and Asian Values:
Contesting National Identities and Cultural Representations in Asia, edited by M Jacobsen. Curzon Press in association
with the Nordic Institute of Asian Studies (2000): 249 – 279 (co-author with A McDonald).
“A Problematic Peace: The Israeli-Palestinian Process and International Humanitarian Law.” In Nationalism and
Minorities in the Middle East: Identities and Rights, edited by C Campbell, K Schulze and M Stokes: IB Taurus, 1996.
“Sources of International Human Rights standards and Enforcement Mandates: International Humanitarian Law,
International Human Rights Law and United Nations Resolutions.” In International Human Rights Enforcement: the
Case of the Occupied Palestinian Territories in the Transition Period, Ramallah: Centre for International Human Rights
Law Enforcement, 1996.
41

“Extradition.” In The Anglo-Irish Agreement, Commentary Text and Official Overview edited by T Hadden and K Boyle,
Edwin Higel Ltd and Sweet & Maxwell, 1989.
“Emergency Law in Northern Ireland: the Context.” In Justice Under Fire edited by A Jennings, Pluto Press, 1st
edition 1988, 2nd edition 1990 (co-author with T Hadden and K Boyle).
Reports
“The Effective Protection of Human Rights: An Introductory Handbook.” Centre for International and Comparative
Human Rights Law, QUB, Occasional Paper Series No. 6, (1999) (co-author with T Hadden and K Boyle).
“The Criminal Justice (Terrorism and Conspiracy) Act 1998.” Twenty-Fourth Report of the Standing Advisory
Commission on Human Rights, London: HMSO, 1999:53 – 75
“The UN Special Rapporteur on Violence Against Women.” In Women’s Rights as Human Rights: A Practical Guide,
Centre for International and Comparative Human Rights Law QUB, Occasional Paper No. 2, 1997.
“The Draft Criminal Justice (Northern Ireland) Order 1996: Briefing Paper for the Standing Advisory Commission
on Human Rights.” In twenty-second Report of the Standing Advisory Commission on Human Rights, London:
HMSO 1997: 173 – 183.
“Northern Ireland Office Discussion Paper on Committal Proceedings in Northern Ireland.” In Twenty-first
Report of Standing Advisory Commission on Human Rights, London: HMSO, 1996: 181 – 189
“Frameworks for Human Rights Monitoring in the Israeli-Occupied Territories.” In Towards a Strategy for the
Enforcement of Human Rights in the Israeli-Occupied West Bank and Gaza, The Labour Middle East Council and the
Conservative Middle East Council, 1992.
“Human Rights Work in Situations of Armed Conflict and Political Violence: Case Study No. 2, Northern Ireland.”
Santiago, Chile: Signeros Consultores, 1992 (co-author with K Boyle).
“A Database on States of Emergency: Report of a Feasibility Study” Centre for International and Comparative
Human Rights Law, Queen’s University, Belfast,1992 (co-author with T. Hadden and K.S. Venkateswaran)
Joshua Castellino
Books
Minority Rights in Asia (Oxford; Oxford University Press, 2006) (co-author with E Dominguez Redondo)
Title to Territory in International Law: A Temporal Analysis (Dartmouth; AshgatePress, 2004) (co-author with S Allen)
International Law & Indigenous Peoples (ed.) (Leiden, Boston; Kluwer Law International, 2004)
Peer Reviewed Articles
“A Re-Examination of the International Convention for the Elimination of all Forms of Racial Discrimination.” 2
Revista Iberoamericana de Derechos Humanos (2006): 1-29
“Minority Rights in China: A Legal Overview.” 5 European Journal of Minority Issues (2005): 51-83 (co-author with
E Dominguez-Redondo)
“Affirmative Action for the Protection of Linguistic Rights: An Analysis of International Human Rights Legal
Standards in the Context of the Irish Language” 25 Dublin University Law Journal (2004): 1-43
“Self-Determination, Indigenous Peoples and Minorities” 3 Macquarie Law Journal (2003): 155-178 (co-author with
J Gilbert)
“The Doctrine of Uti Possedetis and Crystallisation of Modern Identity” 43 German Yearbook of International Law
(2002): 205-226
Book Chapters/Other Articles
“The ‘Right’ to Land, International Law & Indigenous Peoples.” In International Law and Indigenous Peoples, edited
by J Castellino and N Walsh (2005)
“Conclusions” In International Law and Indigenous Peoples, edited by J Castellino and N Walsh (2005)
“Conceptual Difficulties and the Right to Indigenous Self-Determination” In Minorities, Peoples and Self-Determination:
Essays in Honour of Patrick Thornberry, edited by N Ghanea and A Xanthaki. Martinus Nijhoff (2005)
“National Identity and the International Law of Self Determination: The Stratification of the Western Sahara ‘Self’.”
In Accommodating National Identity: New Approaches in International and Domestic Law. Kluwer Law International
(2000)
“The Issue of Legal Aid: A Regime Comparison” 25 Global Law Review Quarterly (2003)415-424, published in
Mandarin and English at the Chinese Academy of Social Sciences (co-author with R Murphy)
42

“Reinforcing Territorial Regimes: Uti Possedetis and the Right to Self-Determination in Modern International Law”
48 Amicus Curiae (July/August 2003): 20-25 (co-author with S R Allen)
“Minority Rights” - entry in The Essentials of Human Rights, edited by R Smith and C van den Anker. Hodder (2005):
260-262
“Asian Regional Systems” - entry in The Essentials of Human Rights, edited by R Smith and C van den Anker. Hodder
(2005): 16-18
“In Support of Affirmative Action Measures” -entry in Human Rights Reference Handbook, edited by M Sepulveda
et al. University for Peace (2004): 36-38
“Asian Regional System” - entry in Human Rights Reference Handbook, edited by M Sepulveda et al. University
for Peace (2004): 169-170
Reports
“Overview of Minorities in Asia and Asia Pacific” contribution as Regional Editor to the World Minority Rights
Directory. London. MRG Publications (2006)
“Public Interest Litigation as a Tool for Vulnerable Groups” FLAC Roundtable on Public Interest and Litigation in
Ireland. Croke Park, Dublin (2006)
“The Duties of Governments in the Context of Extraordinary Renditions” Statement for Amnesty International
written as part of suties as Special Rapporteur to the Seminar of the same name held at the National College of
Ireland, Dublin, 15 May, 2006
“Comparative Constitutional Models for the Protection of Minority Rights” International Human Rights Law and
India, Programme for the Bombay Bar Association, organised in conjunction with the India Centre for Human
Rights and Law, Bombay High Court, Mumbai, 13th April 2006
“Indigenous Peoples and the Right to Food: Strategies for Engaging the UN Machinery in Human Rights” Special
Seminar delivered at the Food & Agricultural Organisation, Rome, 26th January 2006
“The Legal Obligations of States Towards Protecting Children Infected and Affected by HIV/AIDS” for EU-China
Network of Human Rights, Academy of Social Sciences, The Hague, November 2004. (available in English and
Chinese.)
‘The Wall in the Occupied Palestinian Territories: Legal Questions and ICJ Jurisprudence’ special workshop at
Lawyers for the New Millennium: Jordanian Bar Association, Palestinian Bar Association & Law Society of England and Wales,
Amman 12th May 2004 [workshop anticipating the judgment in the Advisory Opinion of the ICJ, on the basis of
international legal precedent]
‘The Issue of Travellers & Ethnicity’ Special Address to the Joint Oireachtas Committee on Human Rights (Houses of
Parliament) Dublin, 5th December 2003.
‘Minority Rights Cases: International & Regional Application and Other Documents’ CD Rom designed and
compiled in association with the United World College of the Atlantic, Wales, UK for the EU-China Network used
in Beijing and Kunming China 10-15th November 2003.
‘The Role and Function of Civil Society Organisations: A Critical Commentary’ at EU China Expert Seminar, Irish
Centre for Human Rights, NUI Galway 2nd September 2003.
‘The Right to a Fair Trial: An Audit of The Refugee Appeals System in Ireland’ supervision of report and Introduction
- commissioned by the Irish Refugee Council, Dublin September 2003.
‘Rationale for the Creation of a Special Rapporteur on Minority Rights’ submission to the Department of Foreign
Affairs, Government of Austria for the Commission of Human Rights meeting March 2003.
‘A Working Guide to the website of the High Commissioner for Human Rights’ training course for judges and
prosecutors, China University of Political Science & Law, Chong Qing, China, 12thMarch 2003.
Dr Phil Clark
Books
Rebuilding after Genocide: Transitional Justice, Post Conflict Reconstruction and Reconciliation in Rwanda, 2006 (forthcoming)
(co-editor with Z Kaufman).
Book Chapters/Other Articles
“Hybridity, Holism and ‘Traditional’ Justice: the Gacaca Courts in Post-Genocide Rwanda.” George Washington
International Law Review (Autumn 2007).
“The Rules (and Politics) of Engagement: Aiming at Truth, Justice, Healing and Reconciliation through Gacaca.” In
Rebuilding after Genocide: Transitional Justice, Post Conflict Reconstruction and Reconciliation in Rwanda, edited by Phil
Clark and Z Kaufman, 2006 (forthcoming).
43

“Key Tensions in Transitional Justice.” In Rebuilding after Genocide: Transitional Justice, Post Conflict Reconstruction and
Reconciliation in Rwanda, edited by Phil Clark and Z Kaufman, 2006 (co-author with Z Kaufman).
“Interviews with Key Figures in Debates over Post Genocide Justice and Reconciliation in Rwanda and Uganda.”
Oxford International Review (2005-2006).
“Review of “Accounting for Horror: Post Genocide Debates in Rwanda” by Nigel Eltringham.” African Affairs
(2005).
“When Killers Go Home: Local Justice in Rwanda.” Dissent (Summer 2005): 21-28.
“The Genocide That Never Ended - Understanding Conflict in the Great Lakes Region of Africa.” Oxford Forum
(May 2005).
“Hero, Failure or Casualty? - a Peacekeeper’s Experience of Genocide.” Dissent (Spring 2005): 115-21.
“Judging Genocide on the Grass.” 3(2) Oxonian Review of Books (2004).
“Voices of the Victims.” 3(1) Oxoninan Review of Books (2004).
Reports
“Doing Justice During Conflict: The International Criminal Court, Transitional Justice and Reconciliation in the
Democratic Republic of Congo and Uganda.” New York: Open Society Justice Initiative, 2006 (forthcoming).
Ita Connolly
Peer Reviewed Articles
‘Making ‘Wars on Terror’? Lessons from Northern Ireland’, Modern Law Review, forthcoming 2006. (co-author with
C Campbell)
“A Model for the ‘War against Terrorism’? Military Intervention and the 1970 Falls Curfew.” 30 Journal of Law and
Society (2003): 341-75. (co author with C Campbell)
Book Chapters/Other Articles
“A Useful Model? Emergency and Anti-Terrorist Powers in Northern Ireland.” In The New Islamic Terrorism, edited
by A Bradanini: United Nations Interregional Crime and Justice Research Institute (UNICRI), 2003. (co-author
with C Campbell).
Other
Review of Cultural Moves: African Americans and the Politics of Representation, edited by Herman S Gray: 6(1) Ethnic
Conflict Research Digest, 2006.
Dr Shane Darcy
Books
Collective Responsibility and Accountability under International Law (Ardsley, New York: Transnational Publishers/
Martinus Nijhoff, 2007)
Truth Commission and Courts: The Tension between Criminal Prosecutions and the Search for Truth. The Hague: Kluwer
Academic Publishers, 2005. (co-editor with W Schabas)
Peer Reviewed Articles
“Imputed Criminal Liability and the Goals of International Justice.” 20 Leiden Journal of International Law (June
2007).
“What Future for the Doctrine of Belligerent Reprisals?” 5 Yearbook of International Humanitarian Law (2002):
107.
“The Evolution of the Law of Belligerent Reprisals.” 175 Military Law Review (2003): 184.
“The Rights of Minorities in States of Emergency.” 9 International Journal on Minority and Group Rights (2002): 345.
Book Chapters/Other Articles
“An Effective Measure of Bringing Justice? The Joint Criminal Enterprise Doctrine of the International Criminal
Tribunal for the Former Yugoslavia.” 20 American University International Law Review (2004): 153.
44

“Achieving De Facto Equality between Men and Women: Making the Employment Equality Act, 1998 Work.” 13
Irish Law Times (2004): 199.
“In the Name of Security: IDF Measures and the Laws of Occupation.” 10 Middle East Policy, no. (4) (2003): 57.
“Punitive House Demolitions, the Prohibition of Collective Punishment and the Supreme Court of Israel.” 21 Penn
State International Law Review (2003): 477.
“Demolishing Justice in the West Bank and Gaza: The Israeli Defence Forces’ Ongoing Policy of Punitive House
Demolitions.” Nottingham Human Rights Law review Student Supplement (2003): 22.
“Preventive Detention and Post September 11th Legislation.” 5 Trinity College Law Review (2002): 158.
Reports
“Israel’s Punitive House Demolition Policy: Collective Punishment in Violation of International Law.” Ramallah:
Al-Haq, 2003.
Dr Elvira Dominguez Redondo
Books
Minority Rights in Asia: A Comparative Legal Analysis Oxford: Oxford University Press (2006) (co-author with Joshua
Castellino)
‘Los Procedimientos Públicos Especiales de law Comisión de Derechos Humanos De Naciones Unidas’, Tirant lo Blanch,
2005
Peer Review Articles
‘La Comisión de Derechos Humanos a Debate: el procedimiento 1503’ in Revista Iberoamericana de Derechos
Humanos, vol. 2, 2006 forthcoming 36pp.
“Minority Rights in China : A Legal Overview” 4 European Journal of Minority Issues, (200: 51-83 ( co-author with
Joshua Castellino]
“Los procedimientos públicos especiales de la Comisión de Derechos Humanos de Naciones Unidas y las nuevas
dimensiones de la actividad del Consejo de Seguridad en el mantenimiento de la paz y seguridad internacional” 2
Revista electrónica de estudios internacionales (2001) (Public Procedures of the UN Commission on Human Rights
in the context of the Security Council and New Dimensions of its Activities).
Book Chapters/Other Articles
“¿Debe desaparecer la Comisión de Derechos Humanos de Naciones Unidas? [Should the UN Commission
on Human Rights Have Disappeared?] a chapter published in a book by the Jean Monet European Centre of
Excellence, CEU University, Madrid (forthcoming).
“The Prevention of Torture: Complaints Mechanism, Investigation and Prosecution of Alleged Perpetrators” 1
Chinese Yearbook of Human Rights (2003):390-393.
“27ª Sesión del Comité de Naciones Unidas contra la Tortura (noviembre 2001) y elección de un experto español
como nuevo miembro” Revista Española de Derecho Internacional, vol. LIII, nº 1/2 (2001): 653-657 (27th session of
the Committee Against Torture).
Coordination: Textos básicos de Derechos humanos: con estudios generales y especiales y comentarios a cada texto
nacional e internacional Peces Barba, Gregorio y Fernandez- Liesa, Carlos (eds.), Navarra: Aranzadi, (2001)
“Mecanismos de Protección Internacional Extra-Convencionales de Derechos Humanos”, Jurídica: Anuario
de Derecho de la Universidad Iberoamericana, Vol. 27, México, D.F., (2000): 71-86 (Extra Conventional
Mechanisms for Human Rights Protection) (co-author with Guevara Bermúdez, Antonio)
Reports
“Área Temática: Derechos Humanos, OSCE y Unión Europea”, Anuario del Instituto de Relaciones Internacionales,
Universidad Nacional de la Plata, 1997, 1998, 1999 (Reports on the Activities of Specific Human Rights Organisations
for the University of La Plata, Argentina).
Other
Review of Human Rights: International Protection, Monitoring, Enforcement , Janusz Symonides (ed.), Ashgate (2003) in
18 (4) Journal of International Law of Peace and Armed Conflict (2005): 306.
“Access to Working Groups, Special Rapporteurs and Experts” in Human Rights Reference Handbook [Magdalena
Sepúlveda et al eds.] Costa Rica: University for Peace, (2004) :112-114
45

“Bioethics and Human Rights: The Challenge of Universal Standard Setting” in Human Rights Reference Handbook
[Magdalena Sepúlveda et al eds.] Costa Rica: University for Peace( 2004) :289-290.
Comment on 20 selected books and articles on human rights in: Guía de recursos para el estudio de la Paz, la
Seguridad y la Defensa, Madrid, Instituto Universitario “General Gutiérrez Mellado” (2003):33-46 ( co-author with
Mariño Menéndez, Fernando & Fernández Liesa, Carlos)
Dr Jérémie Gilbert
Books
Indigenous Peoples’ Land Rights under International Law: From Victims to Actors Transnational Publishers-Martinus
Nijhoff, 2006.
Peer Reviewed Articles
“Nomadic Territories: A Human Rights Approach to Nomadic Peoples’ Land Rights” 4 Human Rights Law Review
(2007): 4
“Still No Place to Go: Nomadic Peoples’ Territorial Rights in Europe.” 4 European Yearbook on Minority Issues (2006):
141-59.
“Justice Not Revenge: The International Criminal Court and the ‘Grounds to Exclude Criminal Responsibility’:
Defences or Negation of Criminality?” 10 The International Journal of Human Rights (2006).
“Self Determination, Indigenous Peoples and Minorities.” 3 Macquarie Law Journal (2003): 155-78 (co-author)
Book Chapters/Other Articles
“Les Tribunaux Militaires Et Tribunaux D’exceptions En Republique D’irelande.” In Tribunaux Militaires Et Tribunaux
D’exception: Perspectives Comparees Et Internationales, edited by Elisabeth Lambert-Abdelgawaad, 2006 (forthcoming).
(co-author with C Olivier)
“The Blur of a Distinction: Adivasis Experience with Land Rights, Self Rule and Autonomy.” In Indigenous Peoples &
Human Rights Law, edited by J Castellino and N Walsh: Kluwer, 2005.
“The Treatment of Territory of Indigenous Peoples in International Law.” In Title to Territory in International Law,
edited by J Castellino and A Stevens: Ashgate, 2003.
“Entries on ’The Right to Self Determination’, ‘Cultural Rights’. ‘The Right to Enjoy a Distinct Culture’, and
‘Indigenous Peoples’ Rights’.” In The Essential Guide to Human Rights, edited by C Van Den Anker and R Smith:
Hodder, 2005.
“Environmental Degradation as a Threat to Life: A Question of Justice?” 6 Trinity College Law Review (2003): 81-97.
“Indigenous Peoples and Environmental Degradation: Human Rights Protection in a Time of Globalisation?”
Nottingham Human Rights Law review Student Supplement (2001): 21-30.
“Judgement Reserved: The Case of the National Human Rights Commission of India.” States of Insecurity Vol.512
(2002).
Reports
“Mainstreaming Human Rights in Treaties and Agreements between States and Indigenous Peoples’.” Working
Paper. Geneva: United Nations Expert Seminar on Treaties and other arrangements between States and Indigenous
Peoples, 2003.
“Galway Anti-Racism Strategy, a Legal Appraisal.” Galway City Partnership, National Campaign Against Racism,
2004. (co-author).
“Accountability and Impunity: Chasing a Mirage in Jammu and Kashmir - an Assessment of the Ground Situation
from 1999 to July 2002.” SAHRDC, 2003. (co-author).
Other
“Le Protocole De Montreal, Le Droit De Dire Non Aux Ogm.” La Lettre, March 2000
“No to Slavery: Mauritania Won’t Speak of It.” Human Rights Features (2001).
“Wake Up! France Has Minorities.” Opinion - Metro Eireann, December 2005, 8.
“La France Et Ses Banlieues: Entre ‘Racialles’ Et Droit Des Minorites.” France Soir 2005.
46

Dr Michael Hamilton
Peer Reviewed Articles
“Freedom of Assembly, Consequential Harms and the Rule of Law: Liberty Limiting Principles in the Context of
Transition.” 27(2) Oxford Journal of Legal Studies (2007 forthcoming).
“Deepening Democracy? Dispute System Design and the Mediation of Contested Parades in Northern Ireland.”
21 Ohio State Journal on Dispute Resolution (2006 forthcoming) (co-author with D Bryan).
Reports
“De-Escalating Parade Disputes in Northern Ireland: Interpreting the European Convention on Human Rights.” In
Report of the Democratic Dialogue Freedom of Assembly Working Group. Belfast, 2003.
“Meetings and Marches.” In The CAJ Handbook: Civil Liberties in Northern Ireland. Belfast: CAJ, 2003. (co-author).
“Working Relationships? An Evaluation of Community Mobile Phone Networks in Northern Ireland.” Belfast:
Community Relations Council, 2002.
“Parades, Protests and Policing: A Human Rights Framework.” Belfast: Northern Ireland Human Rights Commission,
2001. (co-author).
“Re-Forming Law Reform in Northern Ireland.” In Research Report 9, Criminal Justice Review Group. London:
HMSO, 2000. (co-author).
Other
“Parade Related Protests: Is It the ‘Taking Part’ That Counts?” Just News (CAJ), August 2005.
Angela Hegarty
Peer Reviewed Articles
“Truth, Law and Official Denial: The Case of Bloody Sunday Criminal Law Forum (2003).
‘The Government of Memory: Public Inquiries and the Limits of Justice in Northern Ireland’, 26 Fordham Int’l L. J.
871 (2003)
“Transforming Justice, Reclaiming the Rule of Law: Legal Transition In Complex Power-Sharing Agreements” in O’Leary,
B. and Weller, M (eds) Resolving Self-Determination Disputes Through Complex Power-Sharing Arrangements:
Crosscutting Themes, Cambridge University Press/European Centre for Minority Issues
Professor David Kretzmer
Books
The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (SUNY Press, 2002).
Peer Reviewed Articles
“Human Rights in Israel”, (2005) 11 Israel Affairs 39.
“Targeted Killings of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Self-Defence?” (2005)
16 European Journal of International Law 171.
“The Advisory Opinion: The Light Treatment of International Humanitarian Law”, (2005) 99 The American Journal
of International Law 1
“The Supreme Court of Israel: Judicial Review During Armed Conflict” (2005) 47 German Yearbook of International
Law 392
Book Chapters/Other Articles
“The Torture Debate: Israel and Beyond” in Crime, Social Control and Human Rights, From Moral Panics to States
of Denial (editors Christine Chinkin, David Downes, Conor Gearty and Paul Rock )
‘Human Dignity in Israeli Jurisprudence’ in The Concept of Human Dignity in Human Rights Discourse (editors D.
Kretzmer and E. Klein) (Kluwer Law International, 2002)
“Civilian immunity in war: legal aspects”, in Civilian Immunity in War, edited by Professor Igor Primoratz (Oxford
University Press, forthcoming 2007)
47

Dr Venkat Iyer
Books (edited)
V. Iyer (ed, with A. Goonasekera and C. Hamelink), Cultural Rights in a Global World (Singapore: Eastern Universities
Press, 2003);
V. Iyer (ed), Media Ethics in Asia: Addressing the Dilemmas of the Information Age (Singapore: AMIC, 2002)
Articles in Journals/Chapters in Books
V. Iyer, “Courts and Constitutional Usurpers: Some Lessons from Fiji”, (2005) 28: 1 Dalhousie Law Journal, 27-68;
V. Iyer, “Restoration Constitutionalism in the South Pacific”, (2006) 15:1 Pacific Rim Law & Policy Journal, 39-72;
V. Iyer, “Recent Developments in Intellectual Property and their Relevance to Asia” in A. Goonasekera, C.W. Lee
and S. Venkatraman (ed), Asian Communication Handbook 2003 (Singapore: AMIC, 2003), pp. 370-77;
V. Iyer, “Terrorism and the Media: Is Self-Regulation the Answer?” in S. Venkatraman (ed), Media in a Terrorised
World (Singapore: Eastern Universities Press, 2004), pp. 106-19;
V. Iyer, “TRIPs and WTO: Effects on Individual Artists and Creativity” in A. Goonasekera, C. Hamelink and V. Iyer
(ed), Cultural Rights in a Global World (Singapore: Eastern Universities Press, 2003), pp. 81-94;
V. Iyer, “States of Emergency, Human Rights and International Humanitarian Law” in V.S. Mani (ed), International
Humanitarian Law and South Asia (New Delhi: UNESCO, 2003);
V. Iyer, “Freedom of Information: Some Lessons from the Commonwealth” in S.P. Sathe and Sathya Narayan (ed),
Liberty, Equality and Justice (Lucknow: EBC Publishing, 2003), pp. 59-82;
V. Iyer, “Securing Media Freedom in a Democratic Burma: Some Reflections” in (2003) 15 Legal Issues on Burma
Journal 86-93;
V. Iyer, “The Importance of Judicial Review” in (2002) XXXI:4 Insaf (Journal of the Bar Council of Malaysia) 60-60-
67;
V. Iyer, “Media in Divided Societies: The Challenges” in (2002) 29:3 Media Asia 168-171;
V. Iyer, “Media Ethics: Obedience to the Unenforceable” in V. Iyer (ed), Media Ethics in Asia: Addressing the Dilemmas
of the Information Age (Singapore: AMIC, 2002).
Grainne McKeever
Peer Reviewed Articles
“Thinking Globally, Acting Locally: Enforcing Socio-Economic Rights in Northern Ireland”, European Human Rights
Law Review, 2 (158) (2004) (co-author F. Ní Aoláin)
“Social Security as a Criminal Sanction”, 26(1), Journal of Social Welfare and Family Law, 1-16 (2004)
“Enforcing Social and Economic Rights at the Domestic Level - A Proposal in Poverty: Rights, Social Citizenship and
Governance”, in University of British Columbia Press (2006)
Dr Eugene McNamee
Peer Reviewed Articles
“Once more unto the breach: Branagh’s Henry V, Blair’s war and the UK Constitution” in Leslie J Moran et al, eds,
Law’s Moving Image (Cavendish Publishing, 2004)
“The government of the tongue”. 14 Law & Literature 427-461 (2002).
“Girls and Boys”, Law and Critique, 15: 25-43, 2004
48

Professor Fionnuala Ní Aoláin
Books
Law in Times of Crisis - Emergency Powers in the Theoretical and Comparative Perspective. Cambridge: Cambridge
University Press, 2006. (co-author)
The Politics of Force - Conflict Management and State Violence in Northern Ireland. Belfast: Blackstaff Press, 2000.
Ni Aolain, F., Weissbrodt D. Fitzpatrick, J, and Neuman. International Human Rights: Law, Policy and Process: Anderson
Publishing, 2007.
Peer Reviewed Articles
“Gender, Truth and Transition” 16 UCLA Women’s Law Journal (2007) (co-author with C. Turner)
“Political Violence and Gender in Times of Transition” 15 Columbia Journal of Gender and the Law 829 (2006)
“The Paradox of Transition in Conflicted Democracies.” 27 Human Rights Quarterly (2005): 172. (co-author with
C Campbell)
“Thinking Globally, Acting Locally: Enforcing Socio-Economic Rights in Northern Ireland.” European Human Rights
Law Review (2004): 158-180. (co-author with G McKeever)
“Looking Ahead: Strategic Priorities and Challenges for the United Nations High Commissioner for Human Rights.”
35(3) Columbia Human Rights Review (2004).
“The Frontiers of Legal Analysis: Re-Framing the Transition in Northern Ireland.” 66 Modern Law Review (2003):
317-45. (co-author with C Campbell and C Harvey).
“Local Meets Global - Transitional Justice in Northern Ireland.” 24 Fordham International Law Journal (2003): 1201-
23 (co-author with C Campbell).
“Balancing Human Rights: International Legal Responses to Terrorism in the Wake of September 11th.” Israel
Yearbook of Human Rights (2003).
“Truth Telling, Accountability and the Right to Life.” 5 European Human Rights Law Review (2002): 572-90
“From Discretion to Scrutiny: Revisiting the Application of the Margin of Appreciation Doctrine in the Context
of Article 15 of the European Convention of Human Rights.” 23 Human Rights Quarterly (2001). (co-author with
O Gross)
“Emergency, War and International Law- Another Perspective” 70 Nordic Journal of International Law 29-63 (coauthor
with O Gross)
“The Evolving Jurisprudence of the European Convention Concerning the Rights to Life.” 19 Netherlands Quarterly
of Human Rights (2001): 21-42.
“Rethinking the Concept of Harm and Legal Categorizations of Sexual Violence During War.” 1 Theoretical Inquiries
in Law (2000): 305.
“Sexual Violence During the Holocaust - a Re-Evaluation of Harms and Rights in International Law.” 12 Yale Journal
of Law and Feminism (2000): 43
“The Relationship between Situations of Emergency and Low Intensity Conflict.” 23 Israeli Yearbook of Human
Rights (1998): 97.
“The Fractured Soul of the Dayton Peace Agreement: A Legal Analysis.” 19 Michigan Journal of International Law
(1998): 957
“Beyond the Laws of War: Peacekeeping in Search of Legal Framework.” 27 Columbia Human Rights Law Review
(1996): 293.
“Radical Rules: The Effects of Evidential and Procedural Rules on the Regulation of Sexual Violence in War.” 60
Albany Law Review (1997): 883.
“The Fortification of an Emergency Regime.” 59 Albany Law Review (1996): 1353.
“Where Hope and History Rhyme - Prospects for Peace in Northern Ireland.” 50 Columbia Journal of International
Affairs (1996).
“The Emergence of Diversity - Differences in Human Rights Jurisprudence.” 19 Fordham International Law Journal
(1995).
Book Chapters/Other Articles
“The Individual Right of Access to Justice in Times of Emergency, Armed Conflict and Terrorism.” In The Right of
Access to Justice, 2006 (forthcoming)
“Rights after the Revolution: Progress of Backslide after the Good Friday Agreement.” In Human Rights Advocates
and Conflict Resolvers, 2006 (forthcoming).
“Enforcing Social and Economic Rights at the Domestic Level - a Proposal.” In Poverty: Rights, Social Citizenship and
Governance: University of British Columbia Press, 2005. (co-author with G McKeever).
49

“To Know Where We Are Going We Need to Know Where We Are: Revisiting States of Emergency.” In A Human
Rights Agenda for the Twenty First Century, 1998. (co-author with O Gross)
Other
Review of Unfinished Business: State Killings and the Quest for Truth, by B Rolston: 28 Journal of Law and Society 311
(2001)
Mary O’Rawe
Peer Reviewed Articles
“Human Rights and Police Training in Transitional Societies: Exporting the Lessons from Northern Ireland.” 27(3)
Human Rights Quarterly (2005).
“Transitional Policing Arrangements in Northern Ireland: The Can’t and Won’t of the Change Dialectic.” 26(4)
Fordham International Law Journal (2003): 1015-73.
Book Chapters/Other Articles
“Police Complaints in Northern Ireland.” In Civil Liberties in Northern Ireland, edited by Brice Dickson and M
O’Brien. Belfast: CAJ, 2003.
“A New Beginning for Policing in Northern Ireland?” In Human Rights, Equality and Democratic Renewal in Northern
Ireland, edited by Colin Harvey, (co-authored with Dr Linda Moore). Oxford: Hart, 2001 (co author with L
Moore).
“Accountability and Police Complaints in Northern Ireland: Leaving the Past Behind?” In Civilian Oversight of Policing:
Governance, Democracy and Human Rights, edited by A Goldsmith and C. Lewis, Oxford: Hart, 2000 (co author with
L Moore).
“The United Nations: Structure Versus Substance - Lessons from the Principal Treaties and Covenants.” In Human
Rights - an Agenda for the 21st Century, edited by A Hegarty and S Leonard: Cavendish, 1999.
Reports
“Justice and Human Rights.” In Recognition and Reckoning: The Way Ahead on Victims’ Issues, edited by B Hamber
and R Wilson. Belfast: Democratic Dialogue, 2003.
“Human Rights in Police Training: Report 4 - Course for All.” Belfast: Northern Ireland Human Rights Commission,
2004. (co-author).
Adrienne Reilly
Book Chapter
“Slavery Legislation Vs Trafficking Legislation in Prosecuting the Crime of Female Sexual Slavery: The International
Law Perspective.” In Trafficking and Women’s Rights, edited by C Van Den Anker and J Doomernik: Palgrave Macmillan,
2006.
Professor Bill Rolston
“Demobilisation and Reintegration of Ex-Combatants: The Irish Case in International Perspective”, Social and Legal
Studies, forthcoming Spring 07.
“Dealing with the Past: Pro-State Paramilitaries, Truth and Transition in Northern Ireland” Human Rights Quarterly,
Volume 28, Number 3, August 2006, pp. 652-675
‘‘An Effective Mask for Terror’: Democracy, Death Squads and Northern Ireland”, Crime, Law and Social Change,
(forthcoming 2006)
“In the Full Glare of English Politics: Ireland, Inquiries and the British State”, British Journal of Criminology 2005 45(4):
547-564.
“Assembling the Jigsaw: truth, justice and reconciliation in the North of Ireland”, Race and Class, 2002.
50

Eilish Rooney
“Women’s Equality in Northern Ireland’s Transition: Intersectionality in Theory and Place”, Feminist Legal Studies,
14 (3), 2006.
Rooney, E.,Transitional Intersections: Gender, Sect and Class in Northern Ireland, essay submitted to Collection
entitled Theorising Intersectionality (eds. Cooper, Abraham and Herman) (2007) (forthcoming)
Dr Kirk Simpson
Peer Reviewed Articles
“Victims of Political Violence: A Habermasian Model of Truth Recovery.” Journal of Human Rights
“Silence and Violence among Northern Ireland Border Protestants.” 72(1) Ethnos (2007) (forthco(co-author with
H Donnan)
“Voices Silenced, Voices Rediscovered: Victims of Violence and the Reclamation of Language in Transitional Societies’
International Journal of Law in Context, (2007) (forthcoming)
“Changing Relationships in the Irish Borderlands” Anthropology in Action (2007) (forthcoming) with H Donnan
“Citizenship Education in Northern Ireland: A Habermasian Perspective.” 9(1) Citizenship Studies (2005): 73-88
(co-author with P Daly).
“Politics and Education in Northern Ireland.” 12(2) Irish Studies Review: 163-74. (co-author with P Daly).
Other
Review of Shadows of War, by Carolyn Nordstrom in Anthropology in Action (2007) (forthcoming
Anne Smith
Peer Reviewed Articles
“The Unique Position of National Human Rights Institutions: A Mixed Blessing?” Human Rights Quarterly (2006).
“The Drafting Process of a Bill of Rights for Northern Ireland.” Public Law (2004): 526.
“Access to Intervene: The Northern Ireland Human Rights Commission and the Northern Ireland Act 1998.”
European Human Rights Law Review 4 (2003): 423.
Reports
“Evaluating the Effectiveness of National Human Rights Institutions: The Northern Ireland Human Rights
Commission, with Comparisons from South Africa.” 2005. (co-author).
Other
“Building Equality and Social Justice through Constitutional Provisions: Equality Mainstreaming and the Bill of
Rights in the 1998 Good Friday Agreement.” Equality and Social Inclusion in Ireland Project, Working Paper No.
15, 2006. (co-author)
CATHERINE TURNER
Peer Reviewed Articles
“Gender, Truth and Transition” 16 UCLA Women’s Law Journal (2007) (co-author with F Ni Aoláin)
Other
Review of Empire in Denial, by David Chandler, in Ethnopolitics (2007)
Review of How Israelis and Palestinians Negotiate: A Cross Cultural Analysis of the Oslo Peace Process, edited by T
Coffman-Wittes 6(1) Ethnic Conflict Research Digest (2006)
Collective TJI Research Outputs and TJI Supported Outputs
o Special Issue Law In Context (2007)
o Special Issue Minnesota Journal of In
51

ANNEX 1i: TJI STRAGETIC PLAN 2006-2008
Introduction
The TJI aims to produce academic research of international excellence which, it is hoped, may significantly influence
policy.
The TJI aims to examine transitional justice and the ways in which law and legal institutions assist (or not) the move from
conflict to peace. This includes examination of new legal and political institutions as well as mechanisms for engaging with
the past. Underpinning the research agenda of the TJI is the assumption that the role of law in situations of transition is
different from that in other times (though whether this difference is in kind or merely in degree is itself an important
theoretical issue to be addressed as part of its agenda). Rather than being pro-active, prospective and related to well
established notions or order, stability and community, the role of law in transitional situations is a less understood role of
assisting in the transition from a situation of conflict to one of peace (perhaps better understood as non-violent conflict).
While research is beginning to acknowledge this, further research is needed to both expand this understanding and to
move beyond the descriptive, to policy suggestions for the future.
The Aims of the Transitional Justice Institute
The creation of a Transitional Justice Institute aims to enable research of the highest international standard to be
further developed in Northern Ireland. It provides an identifiable base, both physically and in the form of a community
of researchers, from which to develop and attract international scholars and liaise with policy makers in local and
international institutions. It will play a key role in taking legal research in Northern Ireland to the centre of international
stages.
The aims of the Institute are:
• To build a theoretical and practical understanding of the role of ‘transitional justice’, and the underlying relationship
between justice and peace;
• To examine the role of the international and domestic legal systems and institutions in facilitating transition from
conflict;
• To make links between the experience of Northern Ireland and international experience, so as to benefit both
Northern Ireland and other contexts;
• To inform policy makers involved in peacemaking in local and international institutions; and
• To fill the existing gap of analysis which exists in relation to gendered experiences of transition.
The Institute has established authoritative analysis of rapidly developing legal controversies in Northern Ireland for the
benefit of a global audience, and also brings comparative experiences and international influences into the Northern
Irish debate. It is building an ‘active research’ model, where engagement with institutions, policy-makers and communities
(internationally and locally) generates research, and research generates engagement. Establishing such an Institute in
Northern Ireland is enabling transitional justice research in a society experiencing a transition, but which has the
necessary academic research infrastructure to inform and reflect on the process of transition itself. Northern Ireland is
also a devolved region of a western liberal democracy. This distinctive straddling of the categories of ‘conflict/transitional
society’ and ‘western democracy’ make Northern Ireland the ideal place to develop research on the extent to which the
dilemmas and solutions of ‘transitional justice’ have a currency as regards social change in less dramatic circumstances.
With respect to other transitional societies, the example of Northern Ireland is useful when considering how issues
and processes vary in different contexts. The Institute’s research agenda (below) therefore is relevant to processes of
democratic renewal wherever they take place.
The Transitional Justice Institute (TJI) was established in June 2003, following a £4.2 million grant under the Support
Programme for University Research II.
52

Research Agenda
In addition to developing the theoretical and conceptual underpinnings of the notion of ‘transitional justice’, the TJI’s
research agenda is grouped under five areas:
1. Conflict and Law
Research in this area addresses the relationship between law and conflict prevention, management and transformation.
2. Transformation of Political Participation and Institutions
Research in this area examines the relationship between political accommodation and minority rights, the relationship
between political institutions and law more generally; and how civil society organization and notions of ‘participatory
democracy’ play out in the transitional setting.
3. Transformation of Legal Institutions
Research in this area addresses the issue of rule of law and reform of legal institutions.
4. Dealing with the Past
Research in this area addresses existing mechanisms for dealing with the past, and their critiques (both theoretical and
practical), with a view to making policy suggestions for domestic and international audiences.
5. Gender, Conflict and Transition
Research in this area aims to examine the gender dynamics of transition. Research in this area is focused on two
complementary elements. First, specific research on the relationship of women to war, peacemaking and peace-building,
aimed at informing the study of transitional justice generally. Second, by ensuring that research in other areas have
gender analysis integrated into their formation and delivery.
Strategic Objectives
The TJI will seek to further its research agenda through a number of strategic objectives.
2006-2007
• To continue to develop the core research of the TJI
• To continue to develop multi-disciplinary research
• To continue to meet the concrete publication and other targets identified in the original funding bid (Appendix)
• To continue to support staff and associate researchers to develop the TJI research agenda through the TJI’s research
support mechanisms
• To continue to develop the infrastructure of the TJI by creating new administrative support mechanisms
• To continue to work towards an improved RAE rating in the 2008 Research Assessment Exercise, by supporting
research and using appropriate external review
• To further develop the LL.M. as a flagship programme.
• To explore the possibility of a dedicated TJI publication vehicle
• To continue to address the sustainability of the TJI
• To facilitate an external review of the operation of the TJI
• To seek to minimise administrative burdens, generally and in particular, on key researchers
2007-2008
In addition to continuing to deliver on the above objectives to:
• Prepare a law submission for the Research Assessment Exercise
• To ensure the requisite University support for the TJI subsequent on the conclusion of external funding.
53

Management Structures
The institutional architecture of the Institute is as follows:
The Directorship of the Institute will be held throughout the four year period by one of the Law Professors, although
more than one Directorship may take place within the four year period. S/he will have responsibility for the day-to-day
running of the Institute; for organizing meetings and implementing decisions of the Coordination and Advisory Boards;
for ensuring that University reporting requirements are met; and for preparing an annual report.
A Coordination Committee, consisting of the key Law professors will meet on a regular basis. This will be the primary
mechanism whereby a coherent and integrated agenda will be delivered. The Board will have responsibility for preparation
of strategic plans; for overseeing the implementation of the plan; for the award of Transitional Justice Fellowships,
Associate membership of the TJI, Visiting Fellowships, research studentships and Transitional Justice Scholarships; and for
organizing international external reviews of the Institute’s operation.
An External Board, consisting of four leading academics will meet annually, and comment on strategic development, advise
on the strategic plan for the Institute; comment on the reports from the external reviews in years 2 and 4; comment
on the Director’s annual reports; and provide advice, individually and collective, on an on-going basis in relation to the
operation of the Institute.
A Post-graduate Forum is to take place annually in order to give institutional expression to the work of post-graduate
students attached to the Institute.
External Review. In years 2 and 4 of the Institute’s operation, external reviews of the work of the Institute will be
commissioned. The purpose of the reviews will be to assess the extent to which the Institute has met the objectives
specified herein and the targets set out in the strategic plan and to make recommendations for enhancing the work of
the Institute. The reports arising from the reviews will be submitted to the funders, to the External Board, and to the
University. It will be the responsibility of the Coordination Committee in conjunction with the Director to ensure that
appropriate follow-up action is taken, in order to enhance the reputation of the Institute as a site of internationally
excellent scholarship.
Sustainability
Sustainability will be addressed through the TJI management board, and also through discussions at the School and
Faculty level.
54