TRANSITIONAL JUSTICE INSTITUTE - Research - University of Ulster

research.ulster.ac.uk

TRANSITIONAL JUSTICE INSTITUTE - Research - University of Ulster

TRANSITIONAL JUSTICEINSTITUTEANNUAL REPORT1 August 2007 – 31 July 2008


TRANSITIONAL JUSTICE INSTITUTEAnnual Report(1 August 2007 – 31 July 2008)CONTENTSPage No1. Foreword by Pro Vice Chancellor (Research and Innovation) 32. Foreword by TJI Directors 43. About the TJI 84. Thematic Research Areas 94.1 Conflict and Law 94.2 Transformation of political participation and institution 104.3 Transformation of legal institutions 114.4 Dealing with the past 134.5 Gender, conflict and transition 145. Research Institute Members 165.1 Core Staff members 165.2 Associate Researchers 255.3 Doctoral Students 286. LLM in Human Rights Law 307. TJI Conferences and Events 317.1 TJI Conferences 317.2 TJI Symposium 327.3 Summer School 347.4 TJI Seminar Series 358. Visitors to TJI 378.1 Visiting Scholars 378.2 Visiting Artists 399. Internship Programme 4010. External Board 4111. Research Funding 43Annex I: Publications 44Annex II: TJI Strategic Plan 581


1. Foreword by the Pro Vice-Chancellor(Research and Innovation)It is the responsibility of any institution which conductsacademic research to do so in a way that makes a significantcontribution both to the social, political and cultural fabricof the community which it serves in particular and tosociety and the economy in general. In reading the annualreports from University of Ulster Research Institutes I amconfident that you will find the research undertaken atUlster to have more than fulfilled expectations over thepast year.The University’s growing reputation for high quality research has enabled usto continue to attract additional high-calibre research staff who have assistedcolleagues in attracting external research and other income and in completingwork that has led to highly prestigious papers, books and other key performanceoutputs.In particular, the University has had a successful year in terms of research grantincome with £11.5M of externally funded grants. The number of major externalawards, the value of which exceeds £200k, rose to eight with income totalling£3M attracted from prestigious Research Councils.In addition to the annual allocation of DEL postgraduate of £3.38M, this year,the University received just over £300k in support of 34 new DEL funded PhDstudentships to be held in research areas that have specific relevance to theNorthern Ireland economy; thus allowing further development of R&D talentessential for innovation in business and the public sector. This funding enablesUlster to support 244 full-time research students with a further 161 supportedfrom a range of other sources of funding.Research staff have made a significant contribution to Northern Ireland’s largestevery strategic review under the MATRIX programme. A number of colleaguescontributed significantly as members on the main panel with many other colleagueson Horizon panels across all five sectors, ie: Advanced Engineering (Transport),Advanced Materials, Agrifood, ICT and Life & Health Sciences. The MATRIXrecommendations are implemented under the leadership of DETI and MinisterArlene Foster and the University will play a significant role in implementing itsrecommendations and model.In November 2007 Ulster made its largest submission to the national ResearchAssessment Exercise (RAE2008). Almost 500 staff in 25 Units of ResearchAssessment participated in the exercise and a number of Ulster staff participatedin RAE Sub-Panels with two members of staff being asked to act as Chair (ProfessorHugh McKenna – Nursing and Midwifery and Professor Seamus MacMathuna –Celtic Studies).The RAE2008 outcomes will inform the future research strategy of the Universityand the University’s research strategy document (SUPPORTIVe: Strategy andAction Plan for Research, Research Training and Innovation 2006-2009) is to berevised during 2008/09.There continues to be a very strong flow of research findings coming out of ourresearch activities this year, many as new disclosures, adding to our intellectualproperty portfolio. We continue to exploit this asset through knowledge and2


technology transfer activities managed through our Office of Innovation.I trust that you will enjoy reading the Report and commend it to you as evidencethat University of Ulster research ranks highly amongst UK institutions.Professor ND BlackPro Vice Chancellor (Research & Innovation)3


2. FOREWORD BY TJI DIRECTORSWe are very proud to present this year’s Annual report, which continues to reflectthe importance of the Transitional Justice Institute’s research agenda, in a worldin which conflict is prevalent, and societies emerging from conflict and repressionstruggle to find the capacity to put the past behind them and develop politically,socially and economically. The report paints a picture of a young organisationthat is maturing and expanding an ambitious programme of research, publications,and events. The TJI remains committed to delivering and developing teachingprogrammes of excellence and creating a local/global interface which brings theexperience of Northern Ireland to a regional and international community. Wecontinue to stress the value of the academic enterprise informing and enrichingthe policy area nationally and internationally. This report demonstrates that theworld class reputation of the TJI continues to expand. This year was particularlyimportant as it brought the conclusion of the RAE research cycle, and theattendant planning and delivery of our research objectives in a UK context. TheTJI believes that it will have performed well, commensurate with the internationalreputation and status it has garnered since its inception.Research OutputsThe research outputs from the Institute in the last 5 years has been exceptional.Since September 2003, a significant number of peer-reviewed articles and severalbooks have been published by Institute staff. Further articles and books areforthcoming in the next 12 months. Some TJI staff have received prestigiousacademic awards for their publications from the American Society of InternationalLaw. The work of staff continues to hit the top 10 downloads on importantelectronic databases including SSRN. Key Institute researchers continue to garnernational and international indicators of esteem, a vital element for RAE success.Academic and Policy SuccessIn August 2007, Professor Fionnuala Ni Aoláin was nominated by the Irishgovernment as candidate to the vacant Irish judicial position on the EuropeanCourt of Human Rights.Funding SuccessThe TJI continues to augment and expand its funding for research and collaboration.Professor William Twining, formerly Quain Professor of Jurisprudence at UCLuntil 1996, and currently Professor of Law at the University of Miami Law Schoolwas awarded a Leverhulme Emeritus Professorship in Spring 2007, which wasexercised at the Transitional Justice Institute during the academic year 2007-08.Professor Twining was also recently nominated to the American Academy of Artsand Science. We are delighted that Professor Twining was in residence with usduring this year.Dr Kirk Simpson received £1,800 from British Academy on “Truth Recovery inNorthern Ireland: Narratives of the Past” and Ms Catherine Turner received £2,000from British Academy to facilitate the attendance of some of participants in the“Southern Voices” Symposium.Professor Christine Bell was awarded a Social Science Small Grant from theNuffield Foundation in 2007. The grant has been received to further developa Peace Agreement Database currently under development by Christine Bell4


in conjunction with Catherine O’Rourke, (currently Visiting Scholar AmericanUniversity). The peace agreement database will include a comprehensive list ofpeace agreements, and a summary of whether and how they deal with issuessuch as prisoner release, dealing with the past, statehood and sovereignty. TheDatabase will include references to over 600 agreements. It will be made publiclyavailable on the TJI website.Policy PraxisIn addition, the TJI moved forward its praxis goals advancing the interface of excellentand relevant research with important policy initiatives whether with governmentalor non-governmental spheres. In co-operation with Price Waterhouse Coopersa consortium of specialists including the TJI have been successful in setting outthree framework agreements for the provision of consultancy services in conflictaffectedenvironments. These cover services in Governance, Justice and Peacebuilding;Social Development and Public Administration Reform. These frameworkagreements are arrangements that allow government departments the capacityto provide consultancy services in conflict-affected countries.Dr. Phil Clark continued to undertake substantive policy interventions, producingtwo reports of significant international stature and influence. The first, “DoingJustice During Conflict: The International Criminal Court, Transitional Justice andReconciliation in the Democratic Republic of Congo and Uganda” (2007) wasproduced 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 producedfor the United Nations and has spread significant light on an unreported postconflictcontext in Northern Uganda. Professor Fionnuala Ni Aoláin has continuedto work as a consultant with the International Center for Transitional Justiceon issues related to post-conflict justice and security for women. Dr MichaelHamilton is Member of, and Secretary to, the OSCE/ODIHR Panel of Expertson Freedom of Assembly and Human Rights Advisor to the Strategic Review ofParading in Northern Ireland (chaired by Lord Paddy Ashdown).A number of TJI staff have made substantial contributions to the ongoing“Dealing with the Past” Debate in Northern Ireland. Notably, a number of staffmade substantive oral and written submissions/contributions to the Eames/Bradley Commission in the autumn of 2007 including Professor Colm Campbell,Professor Fionnuala Ní Aoláin, Professor Christine Bell, Dr. Kirk Simpson and Ms.Catherine Turner. Many staff also continue to be active in supporting local nongovernmentalorganisations involved with various aspects of the “Dealing withthe Past” debate.In August 2007, Professor Fionnuala Ni Aoláin was nominated by the Irishgovernment as candidate to the vacant Irish judicial position on the EuropeanCourt of Human Rights.LLM in Human Rights LawThe LLM in Human Rights Law programme is now entering its fourth year ofdelivery. The participation of international students in the programme thisyear was again made possible by the provision of funding from the PlanethoodFoundation. In 2007, scholarship funding was secured from the central Universityin the form of international fee waivers whereby international students will paypartial fees, facilitating greater numbers of post-graduate students on the LL.M.degree programme. The TJI continues to run a “Postgraduate Forum” whichhas involved a combination of film & discussion events, seminars and research5


workshops complementing the formal teaching component of the degreeprogramme. The programme remains successful and diverse showcasing the bestof teaching innovations and research being undertaken at the Institute.Internships with the Northern Ireland Human Rights Commission, Law Centre(NI) and the Centre for Human Rights at Disability Action are well establishedand working well. We were delighted this year that one of our outstanding LL.M.students Sian Fisher was awarded the NI Human Rights Commission-sponsoredaward for the best dissertation.EventsThe two main events this year were the TJI Symposium on Human Rights: SouthernVoices and the first Transitional Justice Summer School at the Magee campus.In May 2008, the TJI hosted a symposium on Human Rights: Southern Voices atthe Jordanstown campus. This highly successful symposium presented a uniqueand unusual scholarly endeavour bringing together important western and nonwesternlegal scholars for an intensive two day interchange at one of the leadinglegal institutes in the United Kingdom and Ireland.The first annual Summer School on Transitional Justice entitled “Dealing with thePast” was held in June 2008 at the Magee campus. and the emphasis is timely giventhe work of the Consultative Group on the Past (Eames/Bradley). The SummerSchool was very successful with a wide range of participants from a number ofinternational and local organizations taking part which greatly enriched the qualityof the event and its learning outcomes for all. The Summer School also involveda number of local non-governmental organisations involved in various initiativesconcerning “the past” in Northern Ireland. It provided a useful opportunity forthe praxis of TJI academic work with these local civic initiatives, framed by theinput of international experts and participants.Throughout 2007 and 2008 our regular TJI Seminar Series took place on theMagee and Jordanstown campuses as well as some public lectures. Speakersincluded Professor Christian Davenport, University of Maryland (August 2007).The Autumn events programme included some high-profile speakers includingLord Paddy Ashdown, Professor Christopher McCrudden (Oxford University),Dr David Tombs (Irish School of Ecumenics), Dr Brandon Hamber (INCORE),Professor Christian Davenport (University of Maryland) and Professor WilliamTwining (University of Miami Law School).New Website and NewsletterThe TJI also continued working this year to expand its website, and our newsletterappears regularly to update our friends and colleagues on our work. The thirdnewsletter was circulated in the summer semester of 2007 and the fourth editionis being prepared for circulation in Autumn 2008. The TJI website can be accessedat www.transitionaljustice.ulster.ac.uk.Staff changesDuring this year we were very pleased to make some substantial staffingaugmentations. Building on a long-standing visiting relationship and collaborationwe were pleased that Professor Oren Gross of the University of MinnesotaLaw School was appointed a part-time Chair in Law. In addition, augmenting thesocial and economic rights specialisation of the Institute Ms. Kerstin Mechlemformerly of the United Nations World Food Organisation, was appointed a6


Lecturer in Human Rights Law. Finally, we made an appointment of ResearchLecturer (internal UU appointment), to Ms Catherine Tuner, previously a ResearchAssociate within the Institute. Three of our post-doctoral research fellows leftduring this reporting period to take up academic posts at other universities. Dr.Niamh Reilly was appointed Senior Lecturer at NUI Galway. Dr. Phil Clark tookup a post-doctoral fellowship at the Centre for Socio-Legal Studies (Oxford)and Dr. Elvira Dominguez-Redondo took up a Senior Lectureship position atMiddlesex University.We were also sorry to say goodbye to research associate Ms. Adrienne Reillywho 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 andsexual slavery which have been her areas of research interest while based at theInstitute.ThanksFinally, we would like to acknowledge the on-going support of our External Board,Professor Bill Bowring, Professor Christopher McCrudden, Professor HenrySteiner, and Professor Ruti Teitel. We would also like to personally acknowledgethe unstinting work and support of our administrator Lisa Gormley, and of oursecretaries Emer Carlin and Elaine McCoubrey.ProblemsA considerable focus of the TJI work this year has been preparation for RAE2008. TJI Directors remain aware of the burdens for producing world class legalresearch when balancing academic administrative duties. Nevertheless, the TJI’score activities have been sustained.7


3. ABOUT THE TJIThe Transitional Justice institute is an internationally recognised institute dedicated to examining how law and legalinstitutions assist (or not) the move from conflict to peace. A central assumption of the research agenda of the TJIis that the role of law in situations of transition is different from that in other times. In contrast to commonly heldunderstandings of the law as underpinning order, stability and community, the role of law in transitional situationsis a less understood role of assisting in the transition from a situation of conflict to one of ‘peace’ (perhaps betterunderstood as non-violent conflict).The aims of the Institute are:• To build a theoretical and practical understanding of the role of ‘transitional justice’, and the underlyingrelationship between justice and peace;• To examine the role of the international and domestic legal systems and institutions in facilitating transitionfrom conflict;• To make links between the experience of Northern Ireland and international experience, so as to benefitboth 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 Institute has established authoritative analyses of rapidly developing legal controversies in Northern Irelandfor the benefit of a global audience. It also brings comparative experiences and international influences into theNorthern Irish debate. TJI espouses an ‘active research’ model, wherein engagement with institutions, policy-makersand communities (internationally and locally) generates research, and research generates engagement.The TJI community of researchers is housed in restored 19th century buildings on two campuses – DalriadaHouse, at Jordanstown and No. 8 College Avenue at Magee . It attracts international scholars and policy makersfrom all over the world. The TJI has played a key role in taking legal research in Northern Ireland to the centreof international stages. As such is constitutes an important resource for LL.M students and PhD researchers. TheTransitional Justice Institute is affiliated to the Association of Human Rights Institutes.MethodologiesTJI research utilizes three broad research methodologies across its thematic areas:• Theorizing key concepts: TJI engages in ‘mid-level’ theorizing of transitional justice and related conceptssuch as democracy and human rights toward identifying practical responses to contemporary problemsin transitional contexts.• Socio-legal research: TJI research draws on range of social-science methodologies and epistemologicaldebates 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 transitionaljustice.ManagementThe Institute is led by a Directorate comprising Professor Christine Bell (Associate Director), Professor ColmCampbell (Co-Director), Dr Michael Hamilton (Co-Director) and Professor Fionnuala Ní Aoláin (Co-Director).The TJI is managed by the Directorate, a Coordinating Committee and a central University Management Board.8


4. THEMATIC RESEARCH AREASDrThe TJI research agenda is focused on understanding the role that law plays in transitional situations, when societiesattempt to move on from a period of violent conflict or oppression towards peace, democracy, the rue of law, andrespect for human rights. TJI pursues its research agenda through theoretical and empirical work that seeks totransforms and develop the theory and practice of transitional justice. The research is developed through theoreticalinterrogations of concepts such as transitional justice and the rule of law. This perspective underpins the developmentof five thematic areas of research undertaken by the TJI staff discussed in the following sections:4.1 Conflict and LawTransitional 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 closelyrelated (See Report of the Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-ConflictSocieties). 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 arenecessary not just to transition, but also to preventing earlier conflict escalation. In particular, TJI seeks to undertakea critical appraisal of the role of law in the management, maintenance and end of conflict. The second assertion isthat ‘transitional mechanisms’ exhibited in societies emerging from protracted conflicts can have a constructive roleif 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 containmentof conflict can operate to escalate conflict. Such responses can undercut (often concurrent) legal measures aimedat eliminating the political causes of conflict. This strand of TJI work has both a doctrinal (or technical-legal) and asocio-legal focus. In particular, it addresses the lack of consensus on applicable legal norms – a lack of consensusthat had particular significance in Northern Ireland. This lack of consensus, on when the legal criteria establishingthe existence of an internal armed conflict have been satisfied, is compounded by the lack of sanction for humanrights 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 responsesto conflict.Aims of TJI research in this area:• Provide authoritative legal analyses of the theoretical underpinnings and operation of international humanitarianand human rights law with respect to conflict• Review the role of emergency law in the management, perpetuation and end of conflict, drawing on the localsituation in Northern Ireland and extrapolating to other situations around the world• Explain patterns of conflict escalation, transformation and resolution, with reference to the recent phenomenaof negotiated agreements with human rights components• Analyse the legal status and nature of peace agreementsIndicative Projects• The ‘war on terror’ and the rule of law (Christine Bell, Colm Campbell, 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 postconflictsituations (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)9


Indicative PublicationsCampbell, C. and Connolly, I. ‘A Deadly Complexity: Law, Social Movements and Political Violence’, 16 MinnesotaJournal Of International Law 2 (2007)Campbell, C. and Connolly, I. “Making War on Terror? Global Lessons from Northern Ireland.” 69(6) Modern LawReview (2006): 935-957Campbell, C. “’Wars on Terror’ and Vicarious Hegemons.” 54 International and Comparative Law Quarterly (2005): 321Campbell, C. and Connolly, I. “A Model for the ‘War against Terrorism’? Military Intervention and the 1970 FallsCurfew.” 30 Journal of Law and Society (2003): 341.Ní Aoláin, F. “A Skeptical View of Deference to Executive Powers”, Israel Law Review (2008)4.2 Transformation of political participation and institutionsTypically peace agreements involve compromises over access to power, government and/or territory. NorthernIreland with its power-sharing model for government and the cross-border dimension of the Belfast Agreementprovides a good example of an attempt to accommodate competing nationalisms through innovative constitutionalarrangements. The range of policy options devised by negotiators is increasingly underwritten by internationallaw in attempts to respond to demands for external self-determination (for example, independence) by providinginternal self-determination (for example, effective minority participation in decision-making through autonomyor consociationalism). Although it is too early to talk of a legal right to this broad concept of ‘international selfdetermination’,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 resultof peace processes. The conflict settings that peace agreements address tend to be characterized by grassrootsmobilization in the form of a vibrant civil society, often with transnational links. The roles that civil society organizationsplay during violent conflict mutate and continue into peace processes. Importantly, this is frequently reflected in specificprovisions in peace agreements underpinning civil society involvement in peace processes and beyond. Recognizingthe 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 civilsociety. Among other things, these developments are particularly relevant to understanding women’s participation intransitional 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 ‘participatorydemocracy’ 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 legalinstitutionsIndicative ProjectsMinorities and self determination• Equality and socio-economic rights: Theoretical and comparative analyses (Anne Smith, Thomas Bundschuh)10


• Constitutionalizing equality: A comparative study (Anne Smith)• Critical perspectives on political accommodation, minority and indigenous peoples’ rights, and selfdetermination(Joshua Castellino, Elvira Dominguez-Redondo, Jérémie Gilbert, Khanyisela Moyo, CatherineTurner)• 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)• Habermasian communicative ethics and conflict resolution in Northern Ireland (Kirk Simpson)• Political leadership in the Northern Ireland peace process (Cathy Gormley Heenan)Indicative PublicationsBell, C. “On the Law of Peace: Peace Agreements and the Lex Pacificatoria”, Oxford University Press (2008)Bell, C. and O’Rourke, C. “Does Feminism Need a Theory of Transitional Justice? An Introductory Essay? 1 InternationalJournal of Transitional Justice (2007): 23-44Bell, C. and O’Rourke, C. “The People’s Peace: Peace Agreements, Civil Society and Participatory Democracy.”International Political Science Review (2007)Bell, C. “Peace Agreements: Their Nature and Legal Status.” 100 (2) American Journal of International Law (2006)Castellino, J. and Dominguez-Redondo, E., Minority Rights in Asia: A Comparative Legal Analysis, Oxford UniversityPress, 2006Castellino, J., ‘The “Right” to Land, International Law and Indigenous Peoples’ in International Law and IndigenousPeoples, (Castellino J and Walsh N eds) 2005Castellino, J., ‘Minority Rights in China: A Legal Overview’ European Journal of Minority Issues, Vol 5. (2005) (coauthor)Simpson, K. Truth Recovery in Northern Ireland: Critically Interpreting the Past (Manchester University Press, 2008)Smith, A. “Constitutionalising Equality: The South African Experience” International Journal of Discrimination and theLaw (2008)Smith, A. “Bills of Rights as Process: The Canadian Experience” International Journal of Law in Context (2008):343Smith, A. “The Unique Position of National Human Rights Institutions: A Mixed Blessing?” Human Rights Quarterly(2006).4.3 Transformation of Legal InstitutionsTypically, justice claims lie at the heart of conflict and must be addressed in negotiating an end to conflict. Thisimplicates legal institutions. Different communities within a jurisdiction may have differing degrees of confidence inlegal institutions and processes. There may be conflicting views over the extent to which legal institutions have beencomplicit in the maintenance and management of the conflict, and conflicting views about the necessity and capabilityof reform (e.g. policing institutions).11


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 outstandingissues from the negotiation process become intertwined in the process of institutional reform. Institutional reformsoften address, to different degrees:• Overarching justiciable rights (e.g. through bills of rights) including civil, political, social, economic and culturalrights (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 policingAims 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 IrelandIndicative projects• The legal regulation of public protest (Michael Hamilton)• National human rights institutions in transitions (Anne Smith)• Policing and transition (Mary O’Rawe)• 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 AgreementIndicative PublicationsGilbert, J. Indigenous Peoples’ Land Rights under International Law: From Victims to Actors (Transnational Publishers-Brill, 2006).Gilbert, J. “Nomadic Territories: A Human Rights Approach to Nomadic Peoples’ Land Rights” 4 Human Rights LawReview (2007): 4Gilbert, J. “Historical Indigenous Peoples’ Land Claims: A Comparative and International Approach to the CommonLaw Doctrine on Indigenous Title” 56 (3) International and Comparative Law Quarterly (2007) 538-611Gilbert, J. “Still No Place to Go: Nomadic Peoples’ Territorial Rights in Europe.” 4 European Yearbook on MinorityIssues (2006): 141-59.Gilbert, J. “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).Hamilton, M. “Freedom of Assembly, Consequential Harms and the Rule of Law: Liberty Limiting Principles in theContext of Transition.” 27(1) Oxford Journal of Legal Studies 75 (2007).Hamilton, M. “Deepening Democracy? Dispute System Design and the Mediation of Contested Parades in NorthernIreland.” 22(1)Ohio State Journal on Dispute Resolution (2006) (co-author with D Bryan).12


Hamilton, M. “Strategic Review of Parading: Views of Key Stakeholders”. Belfast: SRPB, 2008O’Rawe, M. “Human Rights and Police Training in Transitional Societies: Exporting the Lessons from Northern Ireland.”27(3) Human Rights Quarterly (2005).O’Rawe, M. “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.O’Rawe, M. “International Lessons for the Transformation of Policing in Northern Ireland.” 2(4) International Journalof Human Rights (1998): 66-86 (co-author).Smith, A. “Constitutionalising Equality: The South African Experience” International Journal of Discrimination and theLaw (2008) (forthcoming)Smith, A. “Bills of Rights as Process: The Canadian Experience” International Journal of Law in Context (2008):343Smith, A. “The Unique Position of National Human Rights Institutions: A Mixed Blessing?” Human Rights Quarterly(2006).Smith, A. “The Drafting Process of a Bill of Rights for Northern Ireland.” Public Law (2004): 526.4.4 Dealing with the PastSuccessful transitions in recent years have almost invariably been characterized by attempts to engage with thepast. Conversely, experience warns that failure to address the past adequately may hinder prospects for a successfultransition. Dealing with the past may be viewed as comprising two aspects: (1) Undoing the Past, typically by attemptingto ‘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 andtribunals.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 thoseresponsible for major violations. Yet paradoxically, peace-making, reconciliation and truth-telling may be facilitatedby a measure of immunity from prosecution, and prisoner-releases have been a feature of most conflict-resolutionprocesses. 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 escapefrom law, since successful truth commissions almost invariably require a legal mandate. Others champion individualcriminal 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-judicialmeans from public participation in new institutions.TJI research aims to offer a critique of existing mechanisms (both theoretical and practical) with policy suggestionsfor 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 inNorthern Ireland. These use socio-legal and archive-based methodologies, and explore the relationship between theconflict 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 totransitional justice mechanisms• Explore dilemmas of how to account for the past in the Northern Ireland context, in light of the demands ofreconciliation and the needs of victims, with a focus on examining the appropriateness of legal mechanisms fordealing 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 processes13


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)• Victimhood, memory, political violence and notions of transitional justice (Kirk Simpson)• Policing and the past in Northern Ireland (Mary O’Rawe)• The Bloody Sunday Tribunal (Angela Hegarty)• Victim-hood, memory, political violence and notions of transitional justice (Kirk Simpson)• The release and resettlement of paramilitary prisoners in Northern Ireland (Grainne McKeever, BillRolston)• 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)• Indigenous Peoples and Land Restitution (Jeremie Gilbert)• Socio-economic rights in transitional justice (Thomas Bundschuh)• Gender and the Past (Fionnuala Ní Aoláin and Catherine Turner)Indicative PublicationsCampbell, C. and Turner, C. “Utopia and the Doubters: Truth, Transition and the Law” Legal Studies (2008)Ní Aoláin, F. and Turner, C. “Gender, Truth and Transition” 16 UCLA Women’s Law Journal (2007)Simpson, K. Truth Recovery in Northern Ireland: Critically Interpreting the Past (Manchester University Press, 2008)(forthcoming)Simpson, K. Unionist Voices: The Politics of Remembering the Past in Northern Ireland (Palgrave, 2009)(forthcoming)Simpson, K. “Voices Silenced, Voices Rediscovered: Victims of Violence and the Reclamation of Language in TransitionalSocieties” 3(2) International Journal of Law in Context (2007): 89-1034.5 Gender, Conflict and TransitionIn recent years, the growing visibility of sexual violence against women as a primary feature of conflicts has promptednew 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), ascombatants, as refugees, and as targets of wartime sexual violence and domestic violence. As primary carers in mostsocieties, women also bear a particular burden during conflicts, through losing family members, coping with loss ofwork, and sustaining community and social structures. In particular, feminist scholarship has advanced understandingof 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. Thepeace 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 ‘tracktwo’ civil society attempts to resolve conflict (usually involving women) are typically on-going (See Peace Agreementsas 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 nationalliberation and democracy struggles, followed by their subsequent marginalization. Further, while feminist advocateshave successfully sought the inclusion of women and gender-based violations in various peace agreements andtransitional justice mechanisms, such as tribunals and truth commissions, they simultaneously remain ambivalentabout 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 of14


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 conflictsituations, 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 bearon questions of transitional justiceIndicative Projects• Gender, law, conflict and transition (Christine Bell, Catherine O’Rourke; Fionnuala Ní Aolaín, CatherineTurner)• Feminist political and legal theory: rethinking democracy, equality and human rights (Christine Bell, CatherineO’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 AgreementIndicative PublicationsBell, C. and O’Rourke, C. “Does Feminism Need a Theory of Transitional Justice? An Introductory Essay? 1 InternationalJournal of Transitional Justice (2007): 23-44Ní Aoláin, F. and Rooney, E. “Underenforcement and Instersectionality: Gendered Aspects of Transition for Women” 1International Journal of Transitional Justice (2007): 338-354Ní Aoláin, F. “Political Violence and Gender in Times of Transition” 15(3) Columbia Journal of Gender and the Law(2006): 829-849Turner, C. ‘Delivering Lasting Peace, Democracy and Human Rights in Transition: The Role of International Law’International Journal of Transitional Justice (2008)15


5. RESEARCH INSTITUTE MEMBERS5.1 CORE STAFF MEMBERSCHRISTINE BELLChristine Bell was born and brought up in Belfast. She is currently Co-Director ofthe Transitional Justice Institute, and Professor of Public International Law at Universityof 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 HarknessFellowship. In 1990 she qualified as a Barrister at law. She subsequently qualified as anAttorney-at-law in New York, practicing for a period at Debevoise & Plimpton, NY. From1997-9 she was Director of the Centre for International and Comparative Human RightsLaw, 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 theAdministration of Justice from 1995-7, and a founder member of the Northern IrelandHuman Rights Commission established under the terms of the Belfast Agreement. In 1999 she was a member ofthe European Commission’s Committee of Experts on Fundamental Rights. In 2007 Christine won the AmericanSociety of International Law’s Francis Deake Prize for her article on “Peace Agreements: Their Nature and LegalStatus” 100(2) American Journal of International Law. The prize is awarded annually for the leading article by ayounger author in the AJIL. She has authored two books: On the Law of Peace: Peace Agreements and the LexPacificatoria (Oxford University Press 2008) and Peace Agreements and Human Rights (Oxford University Press2000), and a report published by the International Council on Human Rights Policy entitled Negotiating Justice?Human Rights and Peace Agreements (2006). Christine was awarded the Fernand Braudel Senior Fellowship for“established academics with an international reputation” at the European University Institute Law department,Florence, Italy, from January to June 2007. She has also taken part in various peace negotiations discussions, givingconstitutional 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, minorityrights, discrimination, and gender and law. She is currently working on projects in the following areas: Humanrights and conflict resolution; Peace agreements and the force of law; Gender and transitional justice; Participatorydemocracy, civil society and transitions from conflict; Constitutional blueprints for peace and reconciliation on anall-Ireland basis; and dealing with the past in Northern Ireland.COLM CAMPBELLColm Campbell is one of the founding directors of the TJI, currently serving as Co-Director. He is also Professor of Law, in the School of Law at UU. In recent years he hasheld Senior Research Fellowships from the British Academy and the Leverhulme Trust, andwas elected Visiting Senior Research Fellow at Jesus College, Oxford. Prior to joining UU(2000), he served as Professor of law at the National University of Ireland, Galway (January1997 – December 1999), and as Director of the Human Rights Centre at Queen’s UniversityBelfast. He has also taught at the University of Pisa on a visiting basis. Professor Campbellheld 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 asa solicitor in Ireland. He combines a strong commitment to research in the field of humanrights and international humanitarian law with a keen interest in human rights advocacy, locally and globally. Aformer chairperson of CAJ (the Northern Ireland affiliate of the ICJ), he also co-authored one of the two humanrights reports produced for the Irish Government’s Forum for Peace and Reconciliation.16


EMER CARLINEmer Carlin is the Secretary at the Transitional Justice Institute on the Magee campus. She has worked for TJIsince 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, Magee campus.PHIL CLARKPhil Clark is Australian but was born in Khartoum, Sudan, and has lived half of his life in differentparts of Africa, mainly in Ghana and Côte d’Ivoire. In 2005, he received his DPhil in Politics fromBalliol College, Oxford University, where he studied as a Rhodes Scholar. His thesis exploredissues of post genocide justice and reconciliation in Rwanda, focusing on the gacaca communitycourts. His thesis research involved six months fieldwork in Rwanda and elsewhere in theGreat Lakes, where he interviewed around 100 genocide suspects and more than 100 genocidesurvivors, community leaders and Rwandan government officials regarding issues of justice andreconciliation. He is currently lead researcher and author of a project for the Open SocietyJustice Initiative, exploring issues of the complementarity of the International Criminal Court’s(ICC) investigations and prosecutions and national and community level justice processes inthe Democratic Republic of Congo (DRC) and Uganda. The project is based on three months’ fieldwork in the DRCand Uganda in early 2006. Phil is politics editor of the Oxonian Review of Books, a fanatical sportsman andpublished poet.Phil’s research explores transitional justice issues in Africa, particularly in the Great Lakes region, focusing oncommunity level, national and international processes of peace, justice, healing and reconciliation. His work exploresthe various complementarities and clashes of the gacaca courts, national courts and the International CriminalTribunal for Rwanda (ICTR); the mato oput cleansing rituals, the Amnesty Commission and the International CriminalCourt (ICC) (in the Ugandan case); and the barza village hearings, the military tribunals, the Truth and ReconciliationCommission 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 CONNOLLYIta Connolly 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. Aftergraduating, she worked from 1998-2001 in the Linen Hall Library, Belfast, including time spentworking in the Northern Ireland Political Collection. She joined the University of Ulster in2001 when she was employed to work with Professor Colm Campbell on projects relatingto emergency powers and transitional justice. In September 2003 she was a Visiting Fellow atCornell Law School, participating in the Gender, Sexuality and Family project, and presented apaper while there. She assisted with the organisation of the ESRC funded Transitional JusticeSeminar Series, and co-presented a paper at the ‘Emergency and Anti-Terrorist Powers inTransition’ seminar. In May 2004 she was a participant at the International Workshop, ‘Justicein Transition: Northern Ireland and Beyond’ in Oñati, Spain. She also presented a paper jointly with Professor Campbellat the 33rd annual conference of the European Group for the Study of Deviance and Social Control, held in Belfastin September 2005. She is the Faculty of Social Sciences representative on the Research Concordat Steering group,representing contract research staff employed by the University of Ulster. She has also taught seminars in the Schoolof Economics and Politics at the University of Ulster.Ita is currently working with Professor Campbell on two mainprojects: ‘Emergency Powers and Politically motivated Violence: The Lessons of Northern Ireland’, and ‘Justice inTransition? The Case of Northern Ireland’. In addition to these projects, her research interests lie in the field ofpolitical violence, conflict resolution and transitional justice. She is currently undertaking a PhD on the comparativepolitics of the United States and the United Kingdom in relation to emergency and anti-terrorism legislation.17


JOSHUA CASTELLINOJoshua Castellino was appointed Professor of Law at the University of Ulster and took uphis post in January 2007. He has played a major role in the development of the Irish Centrefor Human Rights, NUI Galway, since its inception in 2000. He completed his undergraduateeducation from Bombay University, where he worked as a journalist for the Indian ExpressGroup, and was subsequently awarded the Chevening Scholarship to undertake a Masters inInternational Law and Politics in 1995-1996. He was awarded a Graduate Teaching Assistantshipand completed his PhD in international law under the supervision of the later ProfessorHilaire McCoubrey at the University of Hull in 1998. Professor Castellino currently holdsthe position of Academic Director (Human Rights & Security) on the European Mastersin Human Rights and Democratisation (Italy) and has also held visiting positions in TrinityCollege Dublin, Ireland, and the Universidad Carlos III in Madrid, Spain.Joshua’s primary research interests include international law, self determination and minority rights, on which hehas authored a number of books. He has written and presented papers on a wide range of topics concerninginternational law and human rights in different local, national and international settings. He occasionally publishesarticles in newspapers and magazines in India and Ireland. He has been actively engaged in the EU-China expertsDialogue, hosted in conjunction with the Chinese Academy of Social Sciences, Beijing; the Programme of Supportfor Arab Lawyers, hosted by the Law Society of England and Wales; and with national programmes organized byinstitutions such as the Universidad Iberoamericana, Mexico City, and the Human Rights Law Network, New Delhi.He is the founder and director of the Annual Summer School on Minority and Indigenous Peoples Rights in Galway.He is currently supervising doctoral students in the areas of minority and indigenous people’s rights, internationallaw, gender, socio-economic rights and the right to religious belief.SHANE DARCYShane Darcy is a Lecturer at the Transitional Justice Institute and School of Law at theUniversity of Ulster, based on the Magee campus. He holds a B.A. from the University ofLimerick (2001) and LL.M in international human rights law from the National University ofIreland, Galway (2002). He completed his Ph.D at the National University of Ireland, Galwayin 2005. Prior to joining the Institute, Shane was a doctoral fellow at the Irish Centre forHuman Rights in Galway. He was awarded the Irish Research Council for the Humanities andSocial Sciences Post-Graduate Scholarship in 2004. In recent years, he has engaged in researchand 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 forChange, 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 criminallaw and transitional justice. He is particularly interested in the legal regulation of conduct during times of war andstates and emergency, and has previously written on the laws of occupation and the protection of civilian property, thelawfulness of belligerent reprisals and the protection of minorities during emergencies. Much of Shane’s work is alsoconcerned with accountability before international criminal tribunals and the interaction between criminal processesand truth seeking mechanisms. He is currently working on a book which explores collective responsibility underinternational humanitarian law and international criminal law, and the evolution of the concept since the creation ofthese legal regimes. The book seeks to address also the compatibility of modes of imputed criminal liability with thegoals of international criminal justice.18


ELVIRA DOMINGUEZ-REDONDOElvira Dominguez-Redondo joined the Transitional Justice Institute as an RCUK PostDoctoral Fellow in September 2006. She was awarded a PhD for her study of Special Proceduresat the United Nations, at Universidad Carlos III de Madrid (Spain) in 2004. She has extensiveexperience of teaching public international law and human rights law as an assistant professorat 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 toHuman Rights Treaties, and the European Convention of Human Rights at the Irish Centre forHuman Rights, NUI Galway. She was awarded a Post- Doctoral fellowship by the Irish ResearchCouncil for Social Sciences and the Humanities for research on a project that sought to examinethe foundations of human rights law and the acquired competencies of human rights bodies. She has worked as aconsultant at the Office of the High Commissioner for Human Rights, Geneva, specifically working on the thematicmandate of torture. In 2002 and 2003 she was Director of Academic Studies with responsibility for delivery of amonth long postgraduate course specialising in International and European Human Rights Law at Universidad deAlcala de Henares (Madrid).Elvira’s research interests lie in public international law and human rights legal theory with particular focus on UNinstitutions. She is currently undertaking research on the UN process of reform concerning the creation of the UNCouncil of Human Rights and its reflection in the work of the UN Peace-Building Commission. Special attentionis paid to the inter-linking of the new Universal Periodic Review mechanism of the UN Council of Human Rightswith the work of the Peace- Building Commission in post-conflict situations. The legitimacy and legal foundations ofthe work of several bodies of the UN dealing with the promotion and protection of human rights is an underlyingquestion explored throughout the research. In addition, Elvira is researching in the area of the resurgence of thedebate surrounding the absolute prohibition of torture.JEREMIE GILBERTJérémie Gilbert joined the Transitional Justice Institute as a Lecturer in February2005. Prior to this he was a teaching fellow at the European Masters in Human Rights andDemocratization (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 HumanRights Documentation Centre in India and Greenpeace in both France and Canada. Heholds a PhD in international human rights law, an LLM from the Irish Centre for HumanRights (Galway) and, a Maitrise en Droit International Public from the Université du Québecin Montreal and Université Paris X (Nanterre). He is a member of Minority Rights GroupInternational’s Advisory Board on the Legal Cases Programme, and regularly collaborateswith Survival International and the Forest Peoples’ Programme. He is a founding member ofGalway based human rights group Human Rights for Change. He is a frequent contributorto the minority rights summer course at the Irish Centre for Human Rights in Galway and regularly teaches on theEuropean Masters in Human Rights and Democratization in Venice.Jérémie’s research focuses on indigenous peoples and minority rights. He has published a monograph and variousbook 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 negotiationsbetween states and indigenous peoples. As part of his research he has attended several UN meetings on the issue ofindigenous peoples’ land rights. His current work focuses on the protection of nomadic peoples under internationallaw, the role of human rights law in dealing with past violations, and the development of autonomous arrangementsbetween states and indigenous peoples. His research also examines the reception of customary indigenous peoples’laws by national jurisdictions, the role of human rights in promoting cultural diversity, and the relationship betweenhuman rights law and the protection of the natural environment.19


LISA GORMLEYLisa Gormley has been the Administrator for the Transitional Justice Institute sinceSeptember 2003. She graduated from Queen’s University Belfast in 2004 with an LLM inHuman Rights Law, where her research focused on anti-discrimination and equality law.She also has a BA (Hons) in Sociology from Queen’s University Belfast. Lisa has extensiveexperience in the human rights field and the public sector. She worked for the NorthernIreland Human Rights Commission for over four years from 1999-2003 and is currently amember of the Executive Committee of the Belfast-based NGO - the Committee on theAdministration of Justice (CAJ). Lisa is also a part-time MBA student at the University ofUlster at Jordanstown.OREN GROSSProfessor Oren Gross is the Irving Younger Professor of Law and the Director of theInstitute for International Legal & Security Studies at the University of Minnesota Law School.He is an internationally recognized expert in the areas of national security law, internationallaw, and international trade. He is also an expert on the Middle East and the Arab-Israeliconflict. Professor Gross holds an LL.B. degree magna cum laude from Tel Aviv University,where he served on the editorial board of the Tel Aviv University Law Review. He obtainedLL.M. and S.J.D. degrees from Harvard Law School while a Fulbright Scholar. Professor Grosswas a member of the faculty of the Tel Aviv University Law School in Israel from 1996 to 2002.He also has taught and held visiting positions at Princeton University; Benjamin N. CardozoSchool of Law; the Max Planck Institute for International Law and Comparative Public Law inHeidelberg, Germany; the Transitional Justice Institute in Belfast (while a British Academy visiting professor); Queen’sUniversity in Belfast; the University of Santiago de Compostela (Spain) and Brandeis University. Professor Gross hasreceived numerous academic awards and scholarships, including a Fulbright scholarship and British Academy andBritish Council awards. Between 1986 and 1991, Professor Gross served as a senior legal advisory officer in theinternational law branch of the Israeli Defense Forces’ Judge Advocate General’s Corps. In 1998, he served as thelegal adviser to an Israeli delegation that negotiated an agreement with the Palestinian Authority’s senior officialsconcerning the economic component of a permanent status agreement between Israel and Palestine.Professor Gross’s work has been published extensively. His articles appeared in leading academic journals such as theYale Law Journal, Yale Journal of International Law, Michigan Journal of International Law, Minnesota Law Review, andCardozo Law Review. His book, Law in Times of Crisis: Emergency Powers in Theory and Practice, co-authored withProfessor Fionnuala Ní Aoláin, was published by Cambridge University Press in 2006 and was awarded the prestigiousCertificate of Merit for Preeminent Contribution to Creative Scholarship by the American Society of InternationalLaw in 2007. Professor Gross joined the University of Minnesota in 2002 and was appointed the Vance K. OppermanResearch Scholar in 2003 and the Julius E. Davis Professor of Law in 2004. In 2004 he was also the recipient of theJohn K. & Elsie Lampert Fesler Research Grant. He was appointed as the Irving Younger Professor of Law in 2005.Professor Gross practiced law at Sullivan and Cromwell in 1995-1996 and is a member of both the New York andIsraeli bars. In 2008 he was elected as a member of the American Law Institute (ALI).MICHAEL HAMILTONMichael Hamilton graduated with an LLB from the University of Kent in 1997. He holdsan MA in Irish Studies from the Institute of Irish Studies, Queen’s University Belfast (1998) anda PhD from the School of Law, University of Ulster (2003). His research has focused on thelegal regulation of public protest, and particularly on parade disputes in Northern Ireland. In2005, he was an expert adviser on freedom of assembly to the Organization for Security andCo-operation in Europe (OSCE) providing advice to the Armenian Government on proposedamendments to its ‘Law on Assemblies and Demonstrations.’ He has twice presented evidenceto the Northern Ireland Affairs Select Committee in its reviews of the work of the Northern20


Ireland Parades Commission, and has delivered training to monitors for the Parades Commission and to stewardsinvolved in the Trade Justice movement. He was appointed to the Transitional Justice Institute (initially as a TeachingFellow) in September 2003, was module co-ordinator for ‘Human Rights and Equality Law’ (2004-05). He is currentlya lecturer in the TJI and is co-ordinator for the LLM ‘Dissertation’ module (2005-06). Michael’s research interestsinclude 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 withMoritz College of Law, Ohio State University on a project examining institutional design, identity based conflict andAlternative Dispute Resolution. He is presently working on a project examining principles of free speech (‘fightingwords’, ‘incitement to hatred’ etc) as they relate to periods of transition and the dramatization of allegiances to excombatantorganisations. He is also working with the OSCE/ODIHR on a project aimed at drafting guidelines forlegislators on freedom of assembly issues (drawing on experiences of rallies and demonstrations in the Caucasus,Central Asia, Western and Eastern Europe, and North America).DAVID KRETZMERDavid Kretzmer joined the TJI in 2006. Before that, David Kretzmer, LL.B, LL.M (Jerusalem),Dr. Jur. (York University, Canada), held the Bruce W. Wayne Chair of International Law at theHebrew University of Jerusalem. He has been a visiting professor at Columbia University,the University of Southern California, Tulane University and the Fletcher School of Law andDiplomacy of Tufts University, and a visiting fellow at the Institute for Advanced Legal Studiesof London University, and the Max Planck Institute for Comparative and Foreign Law inHeidelberg. He was the founding director of the Centre for Human Rights at the HebrewUniversity and from 1997-2002 served as Director of the Minerva Centre for Human Rightsof the Hebrew and Tel Aviv Universities. Professor Kretzmer was a member of the UN HumanRights Committee from 1995-2002, and vice-chairperson in 2001 and 2002. During a long academic career ProfessorKretzmer has taught torts, contract, constitutional law, administrative law, international human rights and internationalhumanitarian law. Recent articles have been published in the American Journal of International Law, the EuropeanJournal of International Law, the German Yearbook of International Law and the European Constitutional Law Review.Besides his academic work, Professor Kretzmer has been active in NGO activities. He was a founding member ofthe Association for Civil Rights in Israel and is a member of the executive board of B’Tselem, the Israeli InformationCentre for Human Rights in the Occupied Territories.ELAINE MCCOUBREYElaine McCoubrey is the Secretary at the Transitional Justice Institute on the Jordanstown campus. She hasworked for the TJI since November 2005 and has provided the staff and students at the Jordanstown campuswith invaluable support. She previously worked in the private sector holding various secretarial and administrativepositions.FIONNUALA NI AOLAINFionnuala Ní Aoláin is Professor of Law at the University of Ulster’s Transitional JusticeInstitute in Belfast, Northern Ireland. She received her LLB and PhD in law at the Queen’sUniversity Law Faculty in Belfast, Northern Ireland. She also holds an LLM degree from ColumbiaLaw School. Professor Ní Aoláin concurrently holds the Dorsey and Whitney Chair in Law atthe University of Minnesota Law School. She has previously been Visiting Scholar at Harvard LawSchool (1993-94); Associate-in-Law at Columbia Law School (1994-96); Visiting Professor at theSchool of International and Public Affairs, Columbia University (1996-2000); Associate Professorof Law at the Hebrew University in Jerusalem, Israel (1997-99) and Visiting Fellow at PrincetonUniversity (2001-02). Professor Ní Aoláin is the recipient of numerous academic awards includinga Fulbright scholarship, the Alon Prize, the Robert Schumann Scholarship, a European Commission award, and theLawlor 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 equality21


in times of conflict and peace-making. In 2004, she was nominated by the Irish government as judge to the EuropeanCourt of Human Rights. She was appointed by the Irish Minister of Justice to the Irish Human Rights Commissionin 2000, and is a member of the Joint Committee of the Northern Ireland Human Rights Commission and the IrishCommission 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 empiricallybased analysis of all conflict related deaths in the jurisdiction by state agents. The theoretical and policy focus of theresearch was located in an examination of the relationship between international humanitarian law and internationalhuman rights law. Professor Ni Aoláin’s work has continued to focus on the inter-section between human rights andhumanitarian norms. Her forthcoming book Law in Times of Crisis (CUP 2006) examines from a theoretical andsystems 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 andlegal systems. A substantial component of the research explores the relationship between and oversight of crisisby international law. She also writes extensively on theoretical aspects of transition, as well as on gender justice inconflict and post-conflict situations.MARY O’RAWEMary O’Rawe graduated in 1990 with a first class honours degree in English and FrenchLaw from the University of Kent. She completed an LLM in Human Rights, Emergency Law andDiscrimination at Queen’s University Belfast, before taking up practice at the Bar in NorthernIreland and, later, a lectureship at the University of Ulster. Mary is a long time member andformer chair of the Committee on the Administration of Justice, and co-founder of theNorthern Ireland Lawyers’ Section of Amnesty International. Over the past 15 years shehas researched extensively in the field of criminal justice and human rights, with her currentfocus being on policing in societies in transition. Since 1999 she has acted as human rightsconsultant to An Garda Siochâna and currently sits on the National Strategic Human RightsAdvisory Committee advising the Commissioner on human rights compliance. Mary has alsoacted as advisor to various international initiatives looking at policing, and as a consultant tothe Northern Ireland Human Rights Commission, among other bodies. Mary is currently Senior Lecturer at the TJIwhere she has had responsibility for the development of a new LLM in Human Rights Law. Mary’s current researchexamines policing in transitional societies – what policing means in these contexts, and how what happens in respectof policing reform impacts on the broader peace-building project. Her work draws on international experience andhuman rights norms, bringing these to bear on developments in Northern Ireland, and elsewhere. Through a focuson the Patten process and its outworkings over the past decade, her concern has been to advance lessons for anysociety where policing and state legitimacy have been contested. To this end, she has charted the development of newaccountability structures such as the Police Ombudsman for Northern Ireland, and considered issues around policetraining and human rights education. Ongoing work is concerned with truth recovery relating to past police humanrights abuses. She is also considering the potential impact of the recently established police Historical EnquiriesTeam set up to revisit over two thousand unsolved conflict-related murders. Her research will form the subjectmatter of a book on Northern Ireland’s policing transition. This will road-map human rights considerations necessaryfor any jurisdiction undertaking structural change in its policing arrangements, and point to the need for policingtransformation rather than the reform of one or two institutions.NIAMH REILLYNiamh Reilly joined TJI as a postdoctoral research fellow in 2005 (Magee Campus). She hasa 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 fromRutgers University, New Jersey. Her research interests focus on feminist theory and practicein relation to human rights and transformative politics in global perspective. She has taughtmodules on human rights, feminist and political theory, and conflict and developmentat various third-level institutions in Ireland and the US. From 1989 to 1996 she was aprogramme associate/director at the Center for Women’s Global Leadership at Rutgers. She22


has extensive experience of United Nations institutions and processes and working with women’s and human rightsNGOs 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 AmnestyInternational in the development of its ongoing campaign: Stop Violence against Women. Most recently, she was apostdoctoral 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 civilsociety actors. Her work reflects an interdisciplinary feminist approach informed by critical political and legal theoryinsofar as: she seeks to map the dynamics of ‘emancipatory’ projects; begins with a notion of (international) law as asite of contestation; and is primarily concerned with examining women’s experiences and the gendered exercise ofpower. It also builds on critical/feminist international relations and recent work by democracy theorists recognizingthat globalization, and increasing diversity within ‘nation states’, demand that we rethink ideas of citizenship, rightsand justice beyond the state. She is currently writing a book entitled Women’s Human Rights: Seeking Gender Justicein a Globalising Age which explores transnational feminist advocacy to shape and use international law – from theUN Women’s Convention, to the ICC and Security Council resolution 1325. It further advances feminist analysesof the interface between human rights and new forms of militarization, rising fundamentalisms, and neo-liberalglobalisation. 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 andthe failure of mainstream transitional justice discourse to challenge the limits of ‘liberal democracy’ as the presumedoutcome of transition.KIRK SIMPSONKirk Simpson joined the Transitional Justice Institute as a Post Doctoral Research Fellow inFebruary 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 studiedfor a PhD also at QUB. He graduated in 2002 with a PhD examining the interaction betweencitizenship education and identity in Northern Ireland (with a particular focus on Habermasiantheory). Before joining the TJI he was Research Fellow at the School of History and AnthropologyQUB. Kirk is interested in qualitative social and legal research methods, in particular the useof phenomenological and critical methodologies that enable nuanced examinations of complexissues pertinent to transitional justice and truth recovery. He is a member of the Socio-Legal Studies Association(SLSA).Kirk’s research at the TJI involves work on Transitional Justice, ‘Victim-hood’ and Conflict Resolution in NorthernIreland. The aim of this research is to more fully understand the complex relationship between contested notions ofpolitical, social and legal ‘justice’ and lasting, durable peace in Northern Ireland amongst both unionist and nationalistvictims of political violence. He is examining the ways in which the communicative consensual model of conflictresolution and the definition of ‘truth’ (factual, normative, truthful) offered by Jurgen Habermas can be appliedin the case of Northern Ireland, in order to assist the transition from conflict to stable democracy, justice andpeace; and how this theory informs understandings of the relationship between justice and peace not only inNorthern Ireland, but in other transitional justice contexts in which political violence has created an unstable legaland political landscape. Kirk’s research also focuses on interpretations of the past, and on examining the manufactureof conformist narratives in post-conflict societies that restrict the possibility of counter hegemonic discourse. Thisresearch involves theoretical analysis of the importance of language reclamation and dialogue in transitional societies,and examines the problems inherent in the manipulation of history in the post-conflict context. More recently, Kirk’sresearch has concentrated on unionists in Northern Ireland, in particular their attitudes to remembering the past,truth recovery, and their memories of the conflict. This research has been supported, in part, by the award of a SmallResearch Grant by the British Academy.23


ANNE SMITHAnne Smith graduated first in her year with a BA Hons in Law and Government from theUniversity of Ulster in 1998. In 1999 at the same university, she was awarded the degree ofLLM in European Law. Having lectured part-time at the University of Ulster from Februaryto June 2000, she began her PhD in the field of human rights and equality law before movingto Queen’s University Belfast in April 2001. There she occupied posts as Human RightsTraining Officer and as a Research Associate. As the Human Rights Training Officer, Anneprovided and delivered training sessions to the public sector on the Human Rights Act andcontinues to provide consultancy work in this area. As a Research Associate, she was involvedin a major research project entitled ‘Evaluating the Effectiveness of National Human RightsInstitutions: The Northern Ireland Human Rights Commission, With Comparisons from SouthAfrica’, January 2005. In 2004 she moved to the Transitional Justice Institute, University of Ulster, where she wasappointed lecturer. She teaches Public International law at undergraduate level and International Human Rights Lawat postgraduate level. She recently successfully defended her PhD thesis which looked at the protection of equalityin Bills of Rights.Anne’s main research interests are in human rights and equality law, especially constitutional and institutionalmechanisms designed to promote and protect human rights and equality. Her PhD thesis examines how Bills ofRights can be used to guarantee meaningful equality and draws upon the experience of Canada and South Africa toidentify a number of lessons that other countries who are who are adopting a Bill of Rights can learn about Bills ofRights as a vehicle for protecting equality. As part of her fieldwork for her PhD, as a recipient of the MOLSON and UKPostgraduate Students Canadian Studies Travel Awards, she spent some time in Canada in August 2004 interviewinga number of people and organizations on the role the Canadian Charter has played in protecting equality. She isalso interested in the role played by National Human Rights Institutions in the promotion and protection of humanrights. 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 reportwhich examined the effectiveness of the Northern Ireland Human Rights Commission. Anne is a member of theCommittee on the Administration of Justice, the British Association for Canadian Studies and Associate Member ofthe Equality and Social Inclusion in Ireland project.CATHERINE TURNERCatherine Turner joined the Transitional Justice Institute as a Research Assistant inNovember 2004. She graduated with an LLB from Trinity College Dublin in 2002, and in2003 the Arts and Humanities Research Board awarded her a studentship to study for anLLM in public international law at the London School of Economics. Before joining the TJIshe worked in the Registry Legal Advisory section of the International Criminal Tribunal forthe former Yugoslavia and also for Mediation Northern Ireland, for whom she continuesto volunteer. Since starting at the TJI Catherine has worked on a diverse range of subjects,including the role of law in times of emergency, gender and accountability. She has alsotaught on the Public Law, Criminal Law, and Human Rights courses at the University ofUlster, School of Law. She is a part time doctoral student within the School of Law and amember of the European Society of International Law.Catherine’s main research interests lie in the field of public law and political theory, in relation to both domestic andinternational law. She has worked on the conceptual issues raised in the implementation of international humanrights laws, such as the relationship between domestic and international law, and the gaps in accountability thatoccur when internationally devised laws are applied in diverse national contexts. Her doctoral research focuseson resistance to human rights in peace processes, exploring the reasons that groups resist, or indeed are portrayedas resisting, human rights, and locating them within broader legal and philosophical trends. To this end the researchlooks at the ways in which the language of rights is introduced into political discourse and challenges the claim oflegal rights to objective normativity.24


5.2 ASSOCIATE RESEARCHERS (FORMER AND CURRENT)GINA BEKKERGina is a Lecturer in the School of Law, University of Ulster at Jordanstown. She obtained her LLB from the Universityof Pretoria, South Africa and also holds graduate degrees in human rights law from the University of Pretoria andthe 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 atthe Centre for Human Rights University of Pretoria, Economic and Social Rights Project. Gina has taught law in bothEgypt and South Africa and has also worked as a consultant in relation to human rights issues to UNDP in Egypt, aswell as the South African Human Rights Commission. She is currently writing up her doctorial thesis on the AfricanCourt on Human and Peoples’ Rights. Her research interests broadly lie in the field of human rights in Africa andher current research is focused on remedies in the African system.CATHY GORMLEY-HEENANCathy is a Senior Lecturer in the School of Policy Studies at the University of Ulster, a member of the Socialand Policy Reserach Institute, an Associate Researcher with the Transitional Justice Institute and an associate staffmember of INCORE (International Conflict Research). She teaches classes on government and public policy buther area of specialism is in ethnic conflict with her teaching focusing on issues of the politics of divided societies,the management of peace processes, state crime, and conducting research in violently divided societies. Her currentresearch looks at the effect of political leadership, particularly, on peace processes.Her awards include the UK Political Studies Association’s Bernard Crick Award for Outstanding Teaching in 2007;a University of Ulster Distinguished Teaching Fellowship in 2007; the 2004-2005 Tip O’Neill Fellowship in PeaceStudies at INCORE; a fellowship in leadership studies at the James MacGregor Burns Academy of Leadership at theUniversity of Maryland, USA in 2000; and a Kennedy Scholarship to the J.F.K. School of Government and Public Policyat Harvard University, USA in 1996-1997.Her PhD focused on the subject of political leadership during the Northern Ireland peace process. She holds anMPhil in Middle Eastern Studies from Oxford University, and a first class honours degree in political science fromQueen’s University, Belfast.Recently published work includes her book Political Leadership and the Northern Ireland Peace Process: Role,Capacity and Effect (2007) published by Palgrave Macmillan; and Gormley-Heenan, C. & MacGinty, R. (2008) ‘EthnicOutbidding and Party Moderization: Understanding the Democratic Unionist Party’s Electoral Success in the Post-Agreement Environment’, Ethnopolitics 7(1), pp.43-61.BRANDON HAMBERDr Brandon Hamber is the Director of INCORE. He is a conflict transformation researcher and practitioner whohas worked in South Africa, Northern Ireland, Liberia, Mozambique, the Basque Country and Sierra Leone, amongothers. He has written extensively on the South African Truth and Reconciliation Commission, the psychologicalimplications of political violence, trauma and the process of transition and reconciliation in South Africa, NorthernIreland and abroad. He has published over 30 scientific journal articles and book chapters.VENKAT IYERVenkat Iyer is a Senior Lecturer in the School of Law, UUJ. Prior to joining the university, he was engaged inestablishing an international database on States of Emergency at the Queen’s University of Belfast. Dr Iyer has alsoworked in the Legal Office of Amnesty International in London, and has carried out special projects for a number of25


international NGOs including Article IX, the International Commission of Jurists, and the Lawyers’ Committee forHuman Rights (now Human Rights First). A barrister by training, he is a member of the Bars of Northern Irelandand 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 FijiIslands. His publications in this field include two articles, “Courts and Constitutional Usurpers: Some Lessons fromFiji” (Dalhousie Law Journal, Fall 2005) and “Restoration Constitutionalism in the South Pacific” (Pacific Rim Lawand 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 fromLondon.ANGELA HEGARTYAngela is Senior Lecturer in Law at the University of Ulster at Magee. Born and raised in Derry, she graduated in lawfrom 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 Lawprogramme. Her research interests are in human rights, transitional justice and policing. She is currently engaged inresearch 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 HumanRights Prize in 1998. She is a board member of a number of human rights NGOs and is also a trustee of the BloodySunday 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 AdvisoryCommission on Human Rights and to the Northern Ireland Human Rights Commission. In 2002 she was awardeda Distinguished Community Fellowship by the University of Ulster and in 2003 became one of the first ResearchFellows at the University’s newly established Transitional Justice Institute.GRAINNE MCKEEVERGráinne is a Lecturer in the School of Law and an associate researcher with the TJI. She researches in the area of socialwelfare law, in particular examining the areas of overlap between the social security and criminal justice systems. Thishas 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-prisonersin Northern Ireland, examining the implications of these problems for citizenship and reintegration, and attemptingto reconceive the problem of exclusion through the dimension of poverty.EUGENE MCNAMEEEugene joined the School of Law as a Lecturer in 2005. He holds a PhD from the University of Florence and prior tojoining the University of Ulster he taught at Birkbeck College School of Law (1997-2000), and held a post doctoralfellowship in the Department of Sociology at University College Cork (2002-2004). His main research interestsinclude Law and Culture, Legal Subjectivity, Constitutional Law and Human Rights. He is currently undertakingresearch on the International Criminal Tribunal for Rwanda(ICTR), with a particular focus on two aspects, namelythe legal anthropology of defence council at the ICTR, and ‘meta conflicts at the ICTR’, which is a case study of thetransformational dynamics of criminal accountability mechanisms which have reconciliation as their stated aim.26


BILL ROLSTONBill is Professor of Sociology on the Jordanstown campus. He has an undergraduate degree and doctorate, both inSociology and both obtained at Queen’s University Belfast. He has been lecturing in Sociology at Jordanstown since1977. During this period he has also written and researched widely on numerous aspects of society, politics andculture 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, inparticular, truth commissions.EILISH ROONEYEilish is a feminist academic and community activist in the School of Sociology and Applied Social Studies, Universityof 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 asection on contemporary Northern Irish women’s writing to the Field Day Anthology of Irish Writing, Vol. V: IrishWomen’s Writing & Traditions. She co-authored a seminal study of women’s participation in political parties and localgroups Women, Community and Politics in Northern Ireland and is currently working with the Transitional JusticeInstitute on women, gender and equality in transition. Recent conferences include: Plenary Address to Women onIreland 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 Sciencesand Programme Director of the BSc (Hons) Community Development. Awards include: the Féile an Phobail: ‘Womanof the Year 2005’ for contributions to women’s education in Belfast; the Belfast City Council Millennium Award 2001for contributions to community education; and the International Council for Adult Education J. Roby Kidd SpecialCitation 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 regularcontributions to debate on national and local media.CAHAL MCLAUGHLINCahal is a Senior Lecturer at the School of Media, Film and Journalism at the University of Ulster. A documentary filmmaker with almost 20 years of broadcast and community production experience, he has most recently directed InsideStorires: Memories of the Maze and Long Kesh Prison (Catalyst Arts 2005), and We Never Give Up (2002) for theHuman Rights Media Centre, Cape Town, on Apartheid reparations in South Africa. Cahal’s writings include ‘Telling OurStory: 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 memoriesinside the North of Ireland’s Long Kesh Prison’ in Schofield et al. (eds) Re-mapping the Field: New Approaches inConflict Archaeology. He is also director of the Prisons Memories Archive, funded by the Heritage Lottery Fund, andwhich has recently recorded audio visual memories of ex-occupants inside Armagh Prison.27


5.3 PhD Fellows and Affiliates at TJIThomas BundschuhThomas is currently engaged in doctoral work as a PhD Research Fellow at the Transitional Justice Institute of theUniversity of Ulster in Northern Ireland. He holds an LLM in International Human Rights Law from the Universityof Essex. An accomplished lawyer educated in Germany, England and Switzerland, Thomas has gained a wealth ofexperience through his work and research in Brazil, Uganda, Rwanda, Canada and South Africa. He is the co-authorof “Working Together for Sustainable Peace: Conflict Resolvers and Human Rights Advocates in Sierra Leone” in theforthcoming volume Human Rights and Conflict Resolution In Context: Case Studies from Colombia, Sierra Leoneand Northern Ireland. In his PhD research he examines the architecture of justice in transitional societies withparticular attention to economic, social and cultural rights. He locates his current inquiry within a broader focus ontransformational justice regarding deeply divided societies marked by entrenched local and/or global inequalities.Khanyisela MoyoKhanyisela is a Zimbabwean trained lawyer who has taught and practised law inZimbabwe and has served on several boards including that of the Zimbabwean Lawyersfor Human rights in Zimbabwe and Women into Politics, Northern Ireland. She holds amasters degree in International Human Rights Law from Oslo, Norway and an LLM inPublic International Law from Nottingham University, United Kingdom. Currently, she isa third year PhD Research Fellow with the Transitional Justice Institute at the Universityof Ulster, Northern Ireland. Her thesis, which is likely to be submitted in 2008, usesZimbabwe as a case study to analyse the multitudinous complexities of transitionaljustice in postcolonial societies. In addition to transitional justice her research interests are in postcolonial legaltheory, feminist legal theory, minority rights, law of international organisations, issues of collective security andeconomic, social and cultural rights.Sorcha McKennaSorcha joined the TJI as a PhD research fellow in 2004. She hold a degree in Legal Scienceand Philosophy from NUI Galway, where she wrote a dissertation on the sentencing ofsexual 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 currentlyin the second year of her PhD, which expands on her earlier interest in children’s rightsand sexual violence by extending into the field of international law and the specific contextof armed conflict. The thesis, entitled “Innocence Lost - The effectiveness of internationallaw in the protection of children from sexual violence during armed conflict”, will critiqueexisting humanitarian and human rights provisions for failing to provide adequate protection to children. The casestudies of Sierra Leone and Bosnia will be used to illustrate how child sexual violence can manifest during armedconflict, and the various responses to such abuses post conflict. In particular the thesis will focus on the mechanismsof accountability used in each of the case studies and the role of children within them. The aim of the research is tocontribute to the dearth of socio-legal child specific information on the impact of conflict on children, child as victimsof sexual violence and access to justice for child victims post conflict.28


Catherine O’RourkeCatherine O’Rourke is pursuing doctoral research on feminist engagement withtransitional justice in Northern Ireland, Chile, and Colombia. The research involves legaldoctrinal analysis of the mandates and findings of transitional justice initiatives in thethree case studies, examining whether and how they address gender-specific harmsexperienced by women. Further, the research looks at women’s organizations active onviolence against women (particularly domestic violence) and reproductive rights in eachjurisdiction, for whether and how these organizations have targeted transitional justicemechanisms in order to advance their political claims. Finally, the project draws on thethree case studies to explore the potential for nominally ‘past’ focused mechanisms to address ongoing women’shuman rights concerns in transitional contexts – human rights concerns not ostensibly-linked to conflict violenceor political repression. By devising a legal schema for articulating the links between the forms of violence and harmformally recognized by transitional justice mechanisms, and the harms and violence experienced disproportionatelyby women that tend to be obscured by state-led efforts to deal with the past, the project proposes how past-focusedinitiatives might be more creatively used as a vehicle for addressing ongoing human rights concerns of women intransition. Catherine is a graduate of Queen’s University Belfast School of Law and the Gender Institute at theLondon School of Economics. Formerly, she was a research associate at the Transitional Justice Institute working withProfessor Christine Bell on comparative analysis of peace agreements (2004-08), and Adjunct Faculty at AmericanUniversity School of International Service, Washington DC (2007-08). As an advocate, she has worked with theAmnesty International (UK) Stop Violence Against Women campaign, provided guidance to the Northern Irelandwomen’s sector on the Bill of Rights drafting process, and participated in work by the International Center forTransitional Justice (New York) on gender and security sector reform. She publishes in the areas of gender, transitionaljustice, political participation and peace agreements. She is currently is a visiting researcher at the Law School ofUniversidad Diego Portales in Santiago, Chile.Shauna PageShauna Page joined the School of Law and the Transitional Justice Institute of the Universityof Ulster as a PhD student in 2006. She holds an LLB in Law and International Politicsfrom the University of Ulster, where she wrote a dissertation on father’s rights in theabortion decision, and a Masters in Human Rights Law from the University of Ulster,where her research focused on gender-based violence. She is currently in the final year ofher doctoral studies, which expands on her earlier interests in international human rightslaw and gender-based violence by extending into the field of international refugee law,and other issues surrounding human rights, gender-based violence and cultural practices.Her thesis will critique the existing humanitarian, refugee and human rights provisions for failing to provide adequateprotection to women and children, fleeing the cultural practice, female genital mutilation. Shauna is a part-timelecturer for the School of Law, on the LLB undergraduate programmes, she is the PhD student representative for theResearch Degrees Committee and the Social Sciences Research Graduate School. Shauna is Co-Editor of the SocialSciences Newsletter and a Member of the Northern Ireland Bill of Rights Forum, Working Group on Women.Aisling SwaineAisling Swaine is a specialist in Gender Based Violence and Gender Equality issues asthey relate to conflict-affected and development contexts. She has spent over sevenyears working with civil society organisations and the United Nations in conflict affectedcommunities in Kosovo, Burundi, Timor L’este and Darfur, Sudan. Aisling holds anMSc. in Humanitarian Assistance and a B.A in Sociology and Information Studies, bothfrom University College Dublin. Aisling produced a study on ‘Gender Based Violenceand Traditional Justice in Timor-Leste’ in 2003; has published ‘A Neglected Perspective:Adolescent Girls’ Experiences of the Kosovo Conflict of 1999’ and was the keynotespeaker at the 2006 Amnesty International annual conference. Aisling is currently a first year PhD Research Fellowwith the Transitional Justice Institute and her research is looking at the dynamics of violence against women postconflictand its impact on successful transition from conflict to peace.29


6. LLM in HUMAN RIGHTS LAWThe LLM in Human Rights Law at the University of Ulster began in September 2005 and is being delivered by theTransitional Justice Institute in association with the School of Law at both the Jordanstown and Magee campuses.The LLM programme, which has recently been revised to reflect the research strengths of the staff, is made up ofseveral modules (and half-modules) including:• Foundations of International Human Rights Law• Foundations of Transitional Justice• Advanced Human Rights Law• Equality Law• Policing and Human Rights• Gender and Political Transition• Politics of Memory• Political Violence, ‘Wars on Terror’ and the Law• Critical Perspectives on Human Rights• Economic, Social and Cultural Rights• Globalization, Development and Human Rights• Human Rights and Conflict Resolution• Transitions from Conflict: Law and Politics• DissertationThe LLM in Human Rights Law programme is now entering its fourth year of delivery. The 2007/08 cohort of LLMstudents commenced their studies in September 2007 following two days of Induction and Registration whichincluded training sessions and formal induction onto the course. The participation of international students in theprogramme this year was again made possible by the provision of funding from the Planethood Foundation. In2007, scholarship funding was secured from the central University in the form of international fee waivers wherebyinternational students will pay partial fees, facilitating greater numbers of post-graduate students on the LL.M. degreeprogramme.Postgraduate ForumThe TJI continues to run a Postgraduate Forum which has involved a combination of film & discussion events, seminarsand research workshops complementing the formal teaching component of the degree programme. The programmeremains successful and diverse showcasing the best of teaching innovations and research being undertaken at theInstitute. The Forum is led by Dr Kirk Simpson.An internship for one LL.M. students at the Northern Ireland Human Rights Commission (NIHRC) is ongoing, and wehave also established an internship programme at the Northern Ireland Law Centre. We were delighted this year thatone of our outstanding LL.M. students Sian Fisher was awarded the NIHRC award for outstanding dissertation.InternshipsThe TJI have established internship opportunities for students with local statutory bodies and NGOs. LLM studentsmay apply for three prestigious internships. These are with the Northern Ireland Human Rights Commission, the LawCentre (NI), and Disability Action. The internships last for a period of 10 weeks with up to one student per semesterbeing selected following a competitive application process. The internships run from October to December, orMarch to June. The TJI also works to encourage and facilitate other international internships.NI Human Rights Commission Dissertation PrizeThe Northern Ireland Human Rights Commission sponsors the Annual Best LLM Dissertation Prize which is awardedto the LLM student who has submitted the best dissertation in that year. Ms Sian Fisher was the recipient of the2007 Dissertation Prize and was presented with £500 in recognition of her achievement. Sian’s dissertation on ChildSoldiers is held for consultation in the NI Human Rights Commission library.30


7. TJI EVENTS7.1 TJI PUBLIC LECTURESLord Paddy Ashdown delivered a guest public lecture on “After Iraq: shall we ever intervene again?” at the ConorLecture Theatre in Belfast campus, hosted by the Transitional Justice Institute.In his lecture, Lord Ashdown pointed out that interventions in the domestic affairs of countries are now commonplace.Since the end of the Cold War the UN has intervened in the domestic jurisdiction of member states on average onceevery six months. And around two-thirds of those interventions have been successful in preventing a return to conflict.International intervention has cut the number of conflicts in the world by half in that period.He argued that as muchplanning must go into restoring peace in situations like Iraq or Afghanistan as into fighting the war that precedes it.Drawing on his experience and analysis of past interventions in Somalia, Yugoslavia, Bosnia, Haiti, Kosovo, Sierra Leone,East Timor, Afghanistan and Iraq, he examined the dilemma of when it is right and when it is wrong to intervene. Thebig issue, for him, was how the international community can make its interventions more effective.The lecture was followed by the launch of Lord Ashdown’s book: “Swords and Ploughshares”.L to R: Dr M Hamilton (TJI), Prof R Barnett (VC, University of Ulster),Prof C Bell (TJI), Lord Ashdown, Prof C Campbell (TJI)Professor Chris McCrudden delivered a guest lecture on “Buying Social Justice” which introduced anddiscussed the main themes of his recently published book “Buying Social Justice: Equality, Government Procurementand Legal Change” (Oxford University Press). The lecture included a panel discussion with Professor AndrewErridge (University of Ulster) and William Twining (Miami Law School).Professor Christopher McCrudden teaches and researches in the areas of public law and human rights (particularlyEuropean and comparative), and has been interested for some time in the relationship between international economiclaw and human rights. His recently published book Buying Social Justice: Equality, Government Procurement andLegal Change is about the relationship between public procurement and equality. He is Fellow and Tutor in Law, atLincoln College, Oxford; Professor of Human Rights Law in the University of Oxford; a non-practicing Barrister-at-31


Law (Gray’s Inn, Northern Ireland); and an Overseas Affiliated Professor of Law at the University of Michigan LawSchool. Professor McCrudden holds an LL.B. from Queen’s University, Belfast, an LL.M. from Yale, and a D. Phil. fromOxford. He was awarded an honorary doctorate of laws (LL.D.) by Queen’s University in July 2006. He is a memberof the editorial boards of several journals, including European Public Law, the Oxford Journal of Legal Studies, theInternational Journal of Discrimination and the Law, and the Journal of International Economic Law, as well as beingco-editor of the Law in Context series. He has served on the European Commission’s Expert Network on theApplication of the Gender Equality Directives, and was a scientific director of the European Commission’s networkof experts on non-discrimination. He is a former member of the Standing Advisory Commission on Human Rightsand is currently a member of the Procurement Board for Northern Ireland.L to R: Prof C Bell (TJI), Prof R Teitel, Prof C Campbell (TJI), Prof C McCrudden,Prof A Erridge (Univeristy of Ulster), Prof W Twining (Miami Law School), Prof F Ní Aoláin (TJI)7.2 TJI SYMPOSIUMIn May 2008, the TJI hosted a symposium on Human Rights: Southern Voices at the Jordanstown campus. This highlysuccessful symposium presented a unique and unusual scholarly endeavour bringing together important western andnon-western legal scholars for an intensive two day interchange at one of the leading legal institutes in the UnitedKingdom and Ireland.In addition to the symposium event, the TJI also hosted a public lecture on the University of Ulster’s Belfast campusand invited a local political, policy, and non-governmental sector audience. The public lecture forum provided a meansto invite a wide and diverse (non-academic) group to have the benefit of the invited core speakers. The public lecturewas well attended.Following the award in 2007 of a Leverhulme Emeritus Fellowship to Professor William Twining, whose researchwork dovetails with that of strategic legal and inter-disciplinary work being undertaken at the TJI, a Southern Voicessymposium was identified as a significant vehicle to promote academic engagement across disciplines interested innon-Western juridical thinking. Utilising as a starting point Professor Twining’s evaluation of four leading Southernintellectuals whose work engages, amongst other things, with human rights, a wider engagement with non-Westernhuman rights scholars will be undertaken by this symposium. The Symposium provided an interface with ongoinginter-disciplinary research focused on non-Western human rights bring supported by the Transitional Justice Institute(inter alia Bekker, Iyer, Gilbert, Kretzmer).32


The four central jurists (pictured above) held centre-stage at the symposium and brought their ideas as well astheir own specific legal, social and political contexts to an invited British and Irish academic audience. The four coreSouthern scholars were Anglophone, common law trained jurists; Dr. Francis Deng, currently Special Advisor for thePrevention of Genocide to the United Nations Secretary General; Professor Abdullahi An-Na’im, Charles HowardHandler Professor of Law at Emory University; Professor Yash Ghai FBA, recently retired from the Sir Y K Pao Chairin Public Law at the University of Hong Kong and currently advisor to UNDP; and Professor Upendra Baxi, of theUniversity of Warwick.“Southern Voices” symposium participantsIn addition to the symposium event, the TJI also hosted a public lecture on the University of Ulster’s Belfast campusand invited a local political, policy, and non-governmental sector audience. The public lecture forum provided a means33


to invite a wide and diverse (non-academic) group to have the benefit of the invited core speakers. The public lecturewas well attended.7.3 TRANSITIONAL JUSTICE SUMMER SCHOOLThe TJI Institute held a one-week Summer School on Transitional Justice in June 2008. The Institute is ideally placedfor the provision of such a course, which gives specialist training to persons working in the field of transitional justice.The specific focus of the summer school 2008 was on the theme of “Dealing with the Past”, and the emphasis istimely given the work of the Consultative Group on the Past (Eames/Bradley).Summer School Faculty included Professor Christine Bell (Transitional Justice Institute); Mark Freeman(International Center for Transitional Justice), Professor William A. Schabas (Director, Irish Centre forHuman Rights, NUI Galway and Member of the Sierra Leone Truth and Reconciliation Commission); ProfessorColm Campbell (Transitional Justice Institute); Dr. Phil Clark (Oxford University); Professor FionnualaNi Aoláin (Transitional Justice Institute), Dr. Brandon Hamber (INCORE), Paul O’Connor (Pat FinucaneCentre), David Porter (Consultative Group on the Past) and Alan McBride (WAVE).TJI possesses the staff and resources to enable us to successfully deliver attractive and informative courses on thefundamentals of transitional justice and related fields. The Summer School was aimed at a wide audience includingpractitioners, judges, lawyers, NGOs, government officials, academic staff and postgraduate students. Evidence suggeststhe existence of growing market for such courses. The establishment of this Summer School will also increase theprofile of the Institute and help to strengthen its reputation in the field of transitional justice.Professor Bill Schabas addresses the Summer School participantsThe Summer School was very successful with a wide range of participants from a number of international andlocal organizations taking part which greatly enriched the quality of the event and its learning outcomes for all.The Summer School also involved a number of local non-governmental organisations involved in various initiativesconcerning “the past” in Northern Ireland. It provided a useful opportunity for the praxis of TJI academic work withthese local civic initiatives, framed by the input of international experts and participants.The next Summer School on “Negotiating Peace, Negotiating Justice” will take place in June 2009 and arrangementsare being coordinated by Catherine Turner, Lecturer at TJI.34


7.4 TJI SEMINAR SERIESProfessor Christian Davenport (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.Dr David Tombs (Irish School of Ecumenics) delivered a lecture on 10 October 2007 at the Jordanstowncampus on ‘Unspeakable violence: Documenting Gender Based Violence in the Truth Commissions of El Salvador &Guatemala’.Professor William Twining (University of Miami Law School) delivered a seminar on 9 November 2007 at theJordanstown campus on ‘Human Rights: Southern Voices’.Dr. Brandon Hamber (INCORE) delivered a seminar on 5 December 2007 at the Magee campus on ‘Masculinity,Memorialization & Reparations: Challenges for Transitional Justice’Professor Michael Humphrey (University of Sydney, Australia) delivered a seminar on 6 December 2007(jointly hosted by TJI and INCORE) at the Jordanstown campus.Professor Monica McWilliams, Chief Commissioner of the Northern Ireland Human Rights Commission,delivered a seminar on “Human Rights and Conflict Resolution: How Far Have We Still To Go?” at the Jordanstowncampus.Professor M McWilliams, Dalriada House35


Fiona de Londras, University College Cork, delivered a seminar on “Panic, Power and Resilience of InternationalHuman Rights Law”, Jordansown campus on 14 April 2008.Dr Fiona de Londras with Prof C Campbell and Ms K Mechlem (TJI)Mr Brian Coulter, Prisoner Ombudsman for Northern Ireland delivered a seminar on “The Last Minority: AnOmbudsman Perspective on the Status Accorded to Prisoners in Northern Ireland Challenges Human Rights Norms”at the Jordanstown campus on 5 March 2008.36


8. Visitors to TJI8.1 VISITING SCHOLARSProfessor William TwiningProfessor Twining, formerly Quain Professor of Jurisprudence at UCL until 1996, and currentlyProfessor of Law at the University of Miami Law School, was awarded a Leverhulme EmeritusProfessorship which was exercised at the Transitional Justice Institute in the academic year2007/2008. Professor Twining was in residence during November 2007 during which time hedelivered a seminar and guest lecture at an undergraduate module on Learning Legal Skills. AsProfessor Twining had been one of the two externally appointed reviewers of the TJI SPUR project,he was also invited to participate in and contribute to the International External Board meeting inNovember 2007. During his November visit, concrete plans for the “Southern Voices” symposiumwere advanced.Professor Twining was in residence again in June 2008 as Leverhulme Emeritus Professor. His visit advanced a numberof goals. Professor Twining continued to work on his own research project – a monograph project on the topicof “Southern Voices”. During his June residency we were delighted to learn that Cambridge University Press hadaccepted the project for publication. Professor Twining also worked with Professor Ni Aoláin and Ms. CatherineTurner to advance practical preparations for the “Southern Voices” symposium. Professor Twining also met with anumber of TJI and Law School staff during his visit. The object of the visit in providing a mentoring and leadership rolewas advanced in these informal meetings. Finally, Professor Twining led a staff research seminar during his residency.He presented his research on a general theory of jurisprudence which was subject to commentary and review byTJI Lecturer Dr. Michael Hamilton.Dr Friedemann KainerThe TJI was also delighted to welcome Dr Friedemann Kainer who is a Senior Lecturer at the University of Heidelbergand Visiting Scholar with TJI from June/July 2008. He has published various articles and books in his areas of researchwhich include European and German economic law, European constitutional law and private law. For his doctoraldissertations (Takeovers in the Law of the Single Market) he received the Fritz Grunebaum prize. Besides his dutiesin Heidelberg he regularly lectures in Poland, Romania and Serbia. During his time at the TJI his research was focusedon anti-discrimination law in the UK, which is a topic addressed in his Habilitation (post-doctoral) thesis on thesystem of equal treatment in private law.Professor Christian DavenportProfessor Christian Davenport visited the TJI in August 2007 and delivered a seminarwhile in residence. He is a Professor of Political Science at the University of Maryland- College Park as well as Director of the Radical Information Project (RIP) and StopOur States (SOS). Primary research interests include political conflict (e.g., human rightsviolations, genocide/politicide, torture, political surveillance/covert repressive action, civilwar and social movements), measurement, and racism. Prof. Davenport is the author ofnumerous articles appearing in the American Political Science Review, the American Journalof Political Science, the Journal of Politics, the Journal of Conflict Resolution, PoliticalResearch Quarterly, Comparative Political Studies, and the Monthly Review (among others).He is the recipient of numerous grants (e.g., 6 from the National Science Foundation)and awards (e.g., the Russell Sage Foundation Visiting Scholar Award). Prof. Davenport is the author of one book(State Repression and the Promise of Democratic Peace 2007), with the Cambridge University Press series inComparative Politics, and he recently completed another entitled The Rashomon Effect: Contentious Politics, Data37


Generation and the Importance of Perspective, which is under review at the Cambridge University Press seriesin Contentious Politics. He is also the editor of two books: Repression and Mobilization: What Do We Know andWhere Do We Go From Here? (University of Minnesota Press. 2004), and Paths to State Repression: Human RightsViolations and Contentious Politics (Rowman & Littlefield, 2000). For more information, please refer to the followingwebpage: www.cdavenport.com.Professor Micheline IshayThe Transitional Justice Institute was delighted to welcome back Professor Micheline Isay fromthe University of Denver, for a second visit in September 2008. Professor Ishay will deliver aseminar at the Jordanstown campus on “The UN Declaration at 60: Taking Stock and LookingAhead” for staff and students. Professor Ishay’s time in residence as a Visiting Scholar willfurther the relationship and research links that exist between the TJI and University of Denver.Micheline Ishay is professor and director of the Human Rights Program at the Graduate Schoolof International Studies at the University of Denver --the largest interdisciplinary human rightsprogram in the United States. She is the author or editor of half a dozen books and numerousarticles. Her History of Human Rights: from Ancient Times to the Era of Globalization (publishedby the University of California Press) has been translated into several languages, and was chosenby The Philadelphia Inquirer as one of the ten top non-fiction books of 2004. The second edition of her widelyadopted Human Rights Reader: From Ancient Times to the Present released this April. She is currently working onher new book project, the Future of Human Rights, which she began last year while Lady Davis Professor at theUniversity of Jerusalem. She travels widely in Europe, the United States and the Middle East, speaking on a variety oftopics ranging from political theory to human rights to American Foreign Policy.The Transitional Justice Partnership with University of MinnesotaThe Transitional Justice Institute looks forward to working with the University of Minnesota on the Transitional JusticePartnership that will further deepen the links and relationship of academic exchange on both sides between bothstudents and staff from multiple faculties at Minnesota and the TJI. The partnership will involve visiting exchanges,conferences and some student exchange. The partnership will culminate in an international conference on the themeof Special Courts and Military Tribunals in the autumn of 2009. Professor Oren Gross, Director of the Centre forthe Institute for International Legal and Security Issues at the University of Minnesota and part-time Visiting Professorat TJI, along with Professor Fionnuala Ní Aoláin will take forward the plans and activities for the partnership.38


8.2 VISITING ARTISTSDavid TurnerThe TJI engaged a Visiting Artist, David Turner in 2007, who had recently graduated from the University of Ulsterwith a Masters in Fine Art and was the winner of the end-of-year show. Mr Turner is working on a project called“In Transit” and has been funded by the Arts Council for Northern Ireland. TJI are delighted to be able to supportMr Turner and take forward this collaboration through invitations to all our events enabling him to participate andengage with staff around their work, through providing exhibition space for his work at both campuses and togenerally give support and encouragement.Prof C Campbell (TJI) with Mr David Turner, Visiting Artist pictured at the seminar on“It Couldn’t Happen Here” delivered by Mr Turner at the Jordanstown campusRita DuffyThe TJI made an application in 2007 to act as the host institution for the Visiting Artist scheme which is facilitated bythe Leverhulme Trust. Ms Rita Duffy put forward an application for the Visiting Artist Scheme which was successful.The timescale of her project will be confirmed in the academic year.39


9. INTERNSHIP PROGRAMMESNorthern Ireland Human Rights Commission: Internship SchemeThe TJI has taken part in an internship scheme arranged with the Northern Ireland Human Rights Commissionwhere one LLM student is selected each semester, following a competitive process, to take up a 10 week internshipwith the Commission. The internship arrangement has been in place for three years and several of the LLMstudents have benefited from the experience.Law Centre (NI): Internship SchemeThe TJI has also established an internship opportunity for LLM students with the Law Centre (NI) in Belfast. Theintern will work one day per week for eight weeks and will work in the areas of mental health reform and / or immigrationlaw reform. Ms Colleen Smyth undertook the internship in the Autumn of 2007.Disability Action – Centre for Human Rights for Disabled People: Internship SchemeA further internship arrangement has been set up with Disability Action (Centre for Human Rights for DisabledPeople) which will also run for a ten week period each semester. The intern will work one day per week for aperiod of ten weeks and their work will be mainly focused on researching key issues relating to the UN Conventionon the Rights of Persons with Disabilities.40


10. EXTERNAL BOARDThe TJI External Board (Professor Bill Bowring, Professor Chris McCrudden, Professor Henry Steiner and ProfessorRuti Teitel) held their second meeting on Monday 12 and Tuesday 13 November 2007 in the Belfast campus. TheBoard met with TJI Directors, staff, the Dean of the Faculty of Social Science, Professor Anne Moran and the Pro ViceChancellor (Research and Innovation), Professor Bernie Hannigan.PROFESSOR HENRY STEINERJeremiah Smith, Jr. Professor of Law, Harvard Law SchoolProfessor Steiner is the founder and director of the Harvard Human Rights Program, and for many years chair andco-chair of the Harvard University Committee on Human Rights Studies. He has published articles on a wide rangeof human rights issues and has lectured on the subject in over 20 countries. His most recent book is Steiner andAlston, International Human Rights in Context: Law, Politics, Morals (2nd ed. 2000). He is also chair of the Board ofDirectors of the University of the Middle East Project. Professor Steiner is generally recognised as one of the mosteminent human rights academics in the United States and the TJI is delighted that he will be a part of our intellectualcommunity this autumn.PROFESSOR RUTI TEITELErnst C. Stiefel Professor of Comparative LawChair, Comparative Law and Politics Discussion GroupA nationally recognized authority on international law, international human rights, and constitutional law, Ruti Teitel isthe author of Transitional Justice (Oxford University Press, 2000), which examines the 20th century transitions fromauthoritarianism to democracy in many countries. A member of the Council on Foreign Relations, she provides expertcommentary on such issues as the historic trial at the International Criminal Court at The Hague relating to “ethniccleansing” in the former Yugoslavia. An author and frequent speaker in academia and the media, Professor Teitel is thefirst Ernst C. Stiefel Professor of Comparative Law at New York Law School. She teaches international human rightsand comparative and U.S. constitutional law. Her extensive body of scholarly writing on comparative law, humanrights, 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 haswritten numerous book chapters contributing to volumes covering issues of both law and politics. She also writes onhuman rights issues for a broader audience, having published in The New York Times, Legal Affairs, and Findlaw.com. Acum laude graduate of Georgetown University, Professor Teitel received her J.D. from Cornell Law School and was aSenior Fellow at the Orville H. Schell, Jr. Center for International Human Rights at Yale Law School. She is a member ofthe Steering Committee of Human Rights Watch Europe/Central Asia, as well as a member of the Executive AdvisoryBoard of the Holocaust/Human Rights Research Project of Boston College Law School. In 1993, she received a grantfrom the United States Institute of Peace.PROFESSOR CHRISTOPHER MCCRUDDENProfessor of Human Rights Law, University of OxfordProfessor 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 abook entitled: Buying Social Justice about the relationship between public procurement and equality. He is Fellowand Tutor in Law, at Lincoln College, Oxford; Professor of Human Rights Law in the University of Oxford; a nonpracticingBarrister-at-Law (Gray’s Inn ); and an Overseas Affiliated Professor of Law at the University of MichiganLaw School. McCrudden holds an LL.B. from Queen’s University, Belfast, an LL.M. from Yale, and a D. Phil. from Oxford.41


He specializes in human rights (international, European and comparative), and currently concentrates on issues ofequality and discrimination, and the relationship between international economic law and human rights. He is amember of editorial boards of several journals, including European Public Law, the Oxford Journal of Legal Studies, theInternational Journal of Discrimination and the Law, and the Journal of International Economic Law, as well as beingco-editor of the Law in Context series. He serves on the European Commission’s Expert Network on the Applicationof the Gender Equality Directives, and is a scientific director of the European Commission’s network of experts onnon-discrimination. He is also a member of the Procurement Board for Northern Ireland.PROFESSOR BILL BOWRINGProfessor of Human Rights and International LawProf Bill Bowring is Professor of Human Rights and International Law at London Metropolitan University, the largestUniversity in London, and a practising English barrister (mainly in the European Court of Human Rights). The Instituteis 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 manycountries of the world.He is the Director of the University’s Human Rights and Social Justice Research Institute, and founder and AcademicCoordinator of the EC/EIDHR funded European Human Rights Advocacy Centre (EHRAC) which is part of theInstitute. EHRAC is assisting the applicants in more than 60 cases against the Russian Federation, including the first sixcases concerning the conflict in Chechnya (judgment given for the applicants on 24 February 2005).Prof Bowring is an Executive Committee member of the Bar Human Rights Committee of England and Wales, amember of the Council of LIBERTY (the National Council for Civil Liberties), a trustee of REDRESS (reparationand compensation for victims of torture) and a member of the Rule of Law Council of the International HelsinkiFederation.Prof Bowring is the Senior Criminal Justice Law Expert for the EC/British Council project“ Reforming the Procuracyin Georgia”, and leads the HRSJ team which has designed the training materials and programme and provided trainingto all 750 prosecutors in Georgia, including on torture issues. He led the Institute team which provided an Audit ofHuman Rights in Serbia and Montenegro for the OSCE Mission in SaM. He is the European Expert for the EuropeanUnion Policy Advice Programme project “The Development of a System of Administrative Justice in Russia”. He actsas an expert on a regular basis for the Council of Europe and other international organisations on issues concerninghuman rights, minority rights, and rights to education.42


11. RESEARCH FUNDINGThe TJI continues to augment and expand its funding for research and collaboration.Leverhulme TrustProfessor William Twining, formerly Quain Professor of Jurisprudence at UCL until 1996, and currently Professorof Law at the University of Miami Law School was awarded a Leverhulme Emeritus Professorship in Spring 2007,which was exercised at the Transitional Justice Institute during the academic year 2007-08. Professor Twining wasalso recently nominated to the American Academy of Arts and Science. We are delighted that Professor Twiningwas in residence with us during this year.British AcademyDr Kirk Simpson received £1,800 from British Academy on “Truth Recovery in Northern Ireland: Narratives ofthe Past”. The study aims to contribute toward a fuller understanding of the complexity surrounding narratives ofpolitical violence and truth recovery in Northern Ireland. This research will seek to reflect a sense of the currentsocial and political transition, and begin to address difficult questions regarding truth recovery and dealing with thepast that have become more prominent in the post-conflict context.Ms Catherine Turner and Professor Ní Aoláin received £2000 from the British Academy to contribute to the costsof running the “Southern Voices” Symposium in June 2008. The British Academy grant funded some of the speakers’travel and accommodation costs.Nuffield FoundationProfessor Christine Bell was awarded a Social Science Small Grant from the Nuffield Foundation in 2007. The granthas been received to further develop a Peace Agreement Database currently under development by Christine Bellin conjunction with Catherine O’Rourke, (currently Visiting Scholar American University). The peace agreementdatabase will include a comprehensive list of peace agreements, and a summary of whether and how they deal withissues such as prisoner release, dealing with the past, statehood and sovereignty. The Database will include referencesto over 600 agreements. It will be made publicly available via the TJI website.Planethood FoundationThe Planethood Foundation provided $3,000 funding to the Transitional Justice Institute to fund some scholarshipsfor international students.43


Annex I: PUBLICATIONSChristine BellBooksOn the Law of Peace: Peace Agreements and the Lex Pacificatoria. Oxford: Oxford University Press, 2008.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? 1 International Journal of TransitionalJustice (2007): 23-44 (co-author with C O’Rourke)“The People’s Peace: Peace Agreements, Civil Society and Participatory Democracy.” International Political ScienceReview (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-authorwith 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“The “New Law” of Transitional Justice” in Building a Future on Peace and Justice: Studies on Transitional Justice, Peaceand Development, The Nuremberg Declaration on Peace and Justice edited by K Ambos, J Large and M Wierda. Berlin,Heidelberg, Springer, 2009.“Human Rights, Peace Agreements and Conflict Resolution: Negotiating Justice in Northern Ireland.” In Conflict andHuman Rights, edited by J Hesling and J Mertus. Washington DC: United States Institute of Peace, 2006.“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 RCoomeraswamy 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 RMcGinty. Houndsmill: Palgrave/Macmillan, 2002.“Minority Rights and Conflict Resolution in Northern Ireland.” In Minority Rights in the ‘New Europe’, edited byWheatly 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 RightsPolicy, 2006Other“Reunification: More Than the Colour of Post Boxes.” The Village, Dublin November 2005Bell, Christine, C Campbell, and F Ni AolainPeer Reviewed Articles“Justice Discourses in Transition.” 13 Social and Legal Studies. (2004): 306-28Book Chapters“The Battle for Transitional Justice: Hegemony, Iraq and International Law.” In Judges, Transition and Human RightsCultures: Essays in Honour of Stephen Livingstone edited by K McEvoy, J Morrisson and G Anthony, Oxford UniversityPress, 200644


Brown, KrisPeer Reviewed Articles“‘Our Father Organisation’: The Cult of the Somme and the Unionist ‘Golden Age’ in Modern Ulster LoyalistCommemoration” 96(393) The Round Table (2007) 707-723.“Public Attitudes toward Partisan and Neutral Symbols in Post - Agreement Northern Ireland” 10 Identities: GlobalStudies in Culture and Power (2003) 83-108.Book Chapters / Other Articles“We Will Not Forget What Happened and We Will Not Allow You to Forget”: Non-Combatants andMemorialisation in Post Conflict Northern Ireland’ in Oona Frawley (ed.) Memory Ireland: Explorations in CulturalMemory, 2009 (forthcoming)“Performing Provisionalism: Republican Commemorative Practice as Political Performance in Post AgreementNorthern Ireland” in Lisa Fitzpatrick (ed.) Performing Violence in Contemporary Ireland. (co-author with E Viggiani),2009(forthcoming)“Living with History: Conflict, Commemorations and Exhibitions in Northern Ireland -The Case of SectionalDisplays” Social History in Museums Vol. 32, 31-40, 2008.“Artefacts Audit. A report on the material culture of the conflict in and about Northern Ireland” Belfast. HealingThrough Remembering, 2008.“Forrest Reid & Stephen Gilbert” Belfast. Queen’s University Belfast. 2008“Burying the Hatchet –The Decommissioning of Paramilitary Arms in Northern Ireland”. Bonn. Bonn InternationalCenter for Conversion. 2002 (co-author with C Hauswedell)“Troubled Images – Posters and Images of the Northern Ireland Conflict from the Linen Hall Library.” Belfast. LinenHall Library. Belfast. 2001. (co-author with Y Murphy, A Leonard and G Gillespie (eds))“A Hermitage Ireland: A Foreign Policy of Despair?” Irish Studies in International Affairs, vol. 10, 105-134. 1999Campbell, ColmBooksEmergency Law in Ireland, 1918-1925. Oxford: Clarendon Press, 1994The Protection of Human Rights in the Context of Peace and Reconciliation in Ireland Dublin: Forum for Peace andReconciliation, 1996 (co-editor with K Boyle and T Hadden).Nationalism and Minorities in the Middle East: Identities and Rights IB Tauris, 1996 (co-editor with K Schulze andM Stokes).Transitional Justice- Northern Ireland and Beyond Special Edition of Fordham International Law Journal, 2003(co-editor with F Ní Aoláin).Peer Reviewed Articles‘Utopia and the Doubters: Truth, Transition and the Law’ Legal Studies (2008) (co-author with C Turner)‘A Deadly Complexity: Law, Social Movements and Political Violence’, 16 Minnesota Journal Of International Law 2(2007) (co-author with I Connolly)“Making War on Terror? Global Lessons from Northern Ireland.” 69(6) Modern Law Review (2006): 935-957(co-author with I Connolly)“’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 FNí 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 andSociety (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.” 82International Review of the Red Cross (2000): 627-52.45


“The Criminal Justice (United Nations Convention Against Torture) Act 2000 and the Criminal Justice (Safety ofUnited Nations Workers) Act 2000’ 3 Yearbook of International Humanitarian Law (2000):529 (co-author with RMurphy)“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 HumanitarianLaw (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. (coauthorwith R Murphy).“Ireland: Chemicals Weapons Act 1997” 1 Netherlands Yearbook of International Humanitarian Law (correspondent’sreports): 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“A Useful Model? Emergency and Anti-Terrorist Powers in Northern Ireland.” In The New Islamic Terrorism, edited byA Bradanini: United Nations Interregional Crime and Justice Research Institute (UNICRI), 2003. (co-author with IConnolly).“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 associationwith 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 andMinorities 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: theCase of the Occupied Palestinian Territories in the Transition Period, Ramallah: Centre for International Human Rights LawEnforcement, 1996.“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, 1stedition 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 ComparativeHuman 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 AdvisoryCommission 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 Commissionon 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 Reportof 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 theEnforcement of Human Rights in the Israeli-Occupied West Bank and Gaza, The Labour Middle East Council and theConservative 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).46


Castellino, JoshuaBooksMinority 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 & Self Determination: The Interplay of the Politics of Territorial Possession with Formulations of Post ColonialNational Identity (The Hague; Martinus Nijhoff, 2000)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.” 2Revista 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 EDominguez-Redondo)“Affirmative Action for the Protection of Linguistic Rights: An Analysis of International Human Rights LegalStandards 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 JGilbert)“The Doctrine of Uti Possedetis and Crystallisation of Modern Identity” 43 German Yearbook of International Law (2002):205-226“The Secession of Bangladesh in International Law” 7 Asian Yearbook of International Law (2000): 83-104“Order & Secession: National Minorities and Self-Determination” 6(4) International Journal of Minority and GroupRights (1999): 389-416“A Territorial Interpretation of Identity in International Law: The Case of the Western Sahara” 29(3) MilleniumJournal of International Studies (1999): 523-559“Liberty, Fraternity and Equality: The Dubious Fruits of National Self-Determination in International Law” 1 TurkuLaw Journal (1999) 1-32Book Chapters/Other Articles“The ‘Right’ to Land, International Law & Indigenous Peoples.” In International Law and Indigenous Peoples, edited by JCastellino 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 inMandarin and English at the Chinese Academy of Social Sciences (co-author with R Murphy)“Reinforcing Territorial Regimes: Uti Possedetis and the Right to Self-Determination in Modern International Law” 48Amicus Curiae (July/August 2003): 20-25 (co-author with S R Allen)“September 11th and Human Rights” In Multiculturalism: The Challenge Post September 11th Conference Proceedings.University of Cork Press, (2002): 7-12“The International Human Rights Regime and the Protection of Linguistic Rights” 20 TEANGA: The Irish Yearbook ofApplied Linguistics (2001-02)144-162“Catholic Church” - entry for the Encyclopaedia of Genocide, edited by D Shelton et al. Macmillan Reference (2005):155-159“Death March” - entry for the Encyclopaedia of Genocide, edited by D Shelton et al. MacmillanReference(2005):226-229“Ghetto” - entry for the Encyclopaedia of Genocide, edited by D Shelton et al. Macmillan Reference (2005): 408-414“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 etal. University for Peace (2004): 36-38“Asian Regional System” - entry in Human Rights Reference Handbook, edited by M Sepulveda et al. University forPeace (2004): 169-17047


Reports“Overview of Minorities in Asia and Asia Pacific” contribution as Regional Editor to the World Minority RightsDirectory. London. MRG Publications (2006)“Public Interest Litigation as a Tool for Vulnerable Groups” FLAC Roundtable on Public Interest and Litigation inIreland. Croke Park, Dublin (2006)“The Duties of Governments in the Context of Extraordinary Renditions” Statement for Amnesty Internationalwritten as part of suties as Special Rapporteur to the Seminar of the same name held at the National College ofIreland, Dublin, 15 May, 2006“Comparative Constitutional Models for the Protection of Minority Rights” International Human Rights Law andIndia, Programme for the Bombay Bar Association, organised in conjunction with the India Centre for Human Rightsand Law, Bombay High Court, Mumbai, 13th April 2006“Indigenous Peoples and the Right to Food: Strategies for Engaging the UN Machinery in Human Rights” SpecialSeminar 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-ChinaNetwork of Human Rights, Academy of Social Sciences, The Hague, November 2004. (available in English andChinese.)‘The Wall in the Occupied Palestinian Territories: Legal Questions and ICJ Jurisprudence’ special workshop atLawyers 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 ofinternational legal precedent]‘The Issue of Travellers & Ethnicity’ Special Address to the Joint Oireachtas Committee on Human Rights (Houses ofParliament) Dublin, 5th December 2003.‘Minority Rights Cases: International & Regional Application and Other Documents’ CD Rom designed and compiledin association with the United World College of the Atlantic, Wales, UK for the EU-China Network used in Beijing andKunming China 10-15th November 2003.‘The Role and Function of Civil Society Organisations: A Critical Commentary’ at EU China Expert Seminar, IrishCentre 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 ForeignAffairs, 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 andprosecutors, China University of Political Science & Law, Chong Qing, China, 12th March 2003.‘Disability & Racial Discrimination: the International Convention on the Elimination of All Forms of RacialDiscrimination’ in Human Rights & Disability (G. Quinn & T. Degener eds.) [Geneva: UN Publications 2002] presentedat ‘Expert Group Meeting on Disability’ Mexico City 11-14th June 2002 pp. 141-148.‘Prohibition of Incitement to Hatred Act 1989: An International Comparative Review’ on behalf of the NationalConsultative Committee on Racism and Interculturalism, June 2001.Clark, PhilBooksRebuilding after Genocide: Transitional Justice, Post Conflict Reconstruction and Reconciliation in Rwanda, 2006(forthcoming)(co-editor with Z Kaufman).Peer Reviewed Articles“Hybridity, Holism and ‘Traditional’ Justice: the Gacaca Courts in Post-Genocide Rwanda.” George WashingtonInternational Law Review (Spring 2007) (forthcoming)Book Chapters/Other Articles“The Rules (and Politics) of Engagement: Aiming at Truth, Justice, Healing and Reconciliation through Gacaca.” InRebuilding after Genocide: Transitional Justice, Post Conflict Reconstruction and Reconciliation in Rwanda, edited by Phil Clarkand Z Kaufman, 2006 (forthcoming).“Key Tensions in Transitional Justice.” In Rebuilding after Genocide: Transitional Justice, Post Conflict Reconstruction andReconciliation 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.”48


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 (May2005).“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 theDemocratic Republic of Congo and Uganda.” New York: Open Society Justice Initiative, 2007.Connolly, ItaPeer Reviewed Articles‘A Deadly Complexity: Law, Social Movements and Political Violence’, 16 Minnesota Journal Of International Law 2(2007): 265-310 (co-author with C Campbell)“Making War on Terror? Global Lessons from Northern Ireland. “ 69(6) Modern Law Review (2006): 935-957 (coauthorwith C Campbell)“A Model for the ‘War against Terrorism’? Military Intervention and the 1970 Falls Curfew.” 30 Journal of Law andSociety (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 byA Bradanini: United Nations Interregional Crime and Justice Research Institute (UNICRI), 2003. (co-author with CCampbell).Other“Diplock Consultation: Smoke and Mirrors?” Just News (CAJ) October 2006Review of Cultural Moves: African Americans and the Politics of Representation, edited by Herman S Gray: 6(1) EthnicConflict Research Digest, 2006.Dominguez, ElviraBooksMinority Rights in Asia: A Comparative Legal Analysis Oxford: Oxford University Press (2006) (co-author with JoshuaCastellino)Los Procedimientos Públicos Especiales de la Comisión de Derechos Humanos de Naciones Unidas [Public SpecialProcedures of the UN Commission on Human Rights] Valencia: Tirant lo Blanch (2005)Peer Reviewed Articles“La Comisión de Derechos Humanos a Debate: el procedimiento 1503” [Future of the UN Commission on HumanRights: the 1503 procedure] 2 Revista Iberoamericana de Derechos Humanos ( 2006) (fortcoming)“Minority Rights in China : A Legal Overview” 4 European Journal of Minority Issues, (200: 51-83 ( co-author withJoshua Castellino]“Los procedimientos públicos especiales de la Comisión de Derechos Humanos de Naciones Unidas y las nuevasdimensiones de la actividad del Consejo de Seguridad en el mantenimiento de la paz y seguridad internacional” 2Revista electrónica de estudios internacionales (2001) (Public Procedures of the UN Commission on Human Rights inthe 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 on49


Human Rights Have Disappeared?] 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” 1Chinese Yearbook of Human Rights (2003):390-393.“27ª Sesión del Comité de Naciones Unidas contra la Tortura (noviembre 2001) y elección de un experto españolcomo nuevo miembro” Revista Española de Derecho Internacional, vol. LIII, nº 1/2 (2001): 653-657 (27th session of theCommittee Against Torture).Coordination: Textos básicos de Derechos humanos: con estudios generales y especiales y comentarios a cada texto nacionale internacional Peces Barba, Gregorio y Fernandez- Liesa, Carlos (eds.), Navarra: Aranzadi, (2001)“Mecanismos de Protección Internacional Extra-Convencionales de Derechos Humanos”, Jurídica: Anuariode Derecho de la Universidad Iberoamericana, Vol. 27, México, D.F., (2000): 71-86 (Extra ConventionalMechanisms 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 Organisationsfor the University of La Plata, Argentina).OtherReview of Human Rights: International Protection, Monitoring, Enforcement , Janusz Symonides (ed.), Ashgate (2003) in18 (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 [MagdalenaSepúlveda et al eds.] Costa Rica: University for Peace, (2004) :112-114“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 Seguridady la Defensa, Madrid, Instituto Universitario “General Gutiérrez Mellado” (2003):33-46 ( co-author with MariñoMenéndez, Fernando & Fernández Liesa, Carlos)Review of Les procédures thématiques. Une contribution efficace des Nations Unies à la protection des droits de l’homme ,by Olivier Frouiville in Revista Española de Derecho Internacional, vol. XLVIII, no. 2, (1996):425.Gilbert, JeremieBooksIndigenous Peoples’ Land Rights under International Law: From Victims to Actors (Transnational Publishers-Brill, 2006).Peer Reviewed Articles“Nomadic Territories: A Human Rights Approach to Nomadic Peoples’ Land Rights” 4 Human Rights Law Review(2007): 4“Historical Indigenous Peoples’ Land Claims: A Comparative and International Approach to the Common LawDoctrine on Indigenous Title” 56 (3) International and Comparative Law Quarterly (2007) 538-611“Indigenous Rights in the Making: The United Nations Declaration on the Rights of Indigenous Peoples”in G.Pentassuglia (ed.), “Reforming the UN Human Rights Machinery: What Does the Future Hold for the Protection ofMinorities and Indigenous Peoples?” 14 International on Minority and Group Rights (2007) 207-230“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) [Read]*This article was first published in the Macquarie Law JournalBook Chapters/Other Articles“Indigenous Peoples and Peace-Agreements: Transforming Relationships or Empty Rhetoric?” in Felipe Gomezand Gaby Ore Aguilar (eds) Transforming Societies Emerging from Conflicts: An Agenda For Equality and Social Justice50


(Universidad de Deusto - forthcoming 2008)“Land, Culture and Indigenous Peoples: Cultural Rights and Human Rights” in Michele Langfield et al (eds) CulturalHeritage, Cultural Diversity and Human Rights (Routledge, forthcoming 2008)“Les Tribunaux Militaires et Tribunaux d’exceptions en Republique d’Irlande.” In Tribunaux Militaires Et TribunauxD’exception: Perspectives Comparees et Internationales, edited by Elisabeth Lambert-Abdelgawaad, 2008 (co-authorwith 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, editedby 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’.” WorkingPaper. Geneva: United Nations Expert Seminar on Treaties and other arrangements between States and IndigenousPeoples, 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 Situationfrom 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.Hamilton, MichaelPeer Reviewed Articles“Freedom of Assembly, Consequential Harms and the Rule of Law: Liberty Limiting Principles in the Context ofTransition.” 27(1) Oxford Journal of Legal Studies 75 (2007).“Deepening Democracy? Dispute System Design and the Mediation of Contested Parades in Northern Ireland.”22(1)Ohio State Journal on Dispute Resolution (2006) (co-author with D Bryan).Book Chapters/Other Articles“’We the People’: Freedom of Assembly, the Rights of Others, and Inclusive Constitutionalism” in Free to Protest:Constituent Power and Street Demonstration edited by A. Sajo, Eleven International Publishing, 2009.“Transitional Justice in an Age of Legal Pluralism” in 36th Study Session, International Institute of Human Rights(Rene Cassin Centre) Bruylant Publishers (forthcoming).Reports“Operationalising the Law on Freedom of Assembly in Azerbaijan”, 2008. (co-author with N Jarman)“Strategic Review of Parading: Views of Key Stakeholders”. Belfast: SRPB, 2008“Guidelines on Freedom of Peaceful Assembly”, OSCE-ODIHR and Venice Commission, 2007 (principal author, asSecretary to, and member of, the Expert Panel).“Freedom of Assembly and Expression for Lesbian, Gay, Bisexual and Transgendered Persons”, Congress of Localand Regional Authorities, Council of Europe Strasbourg, 200751


“De-Escalating Parade Disputes in Northern Ireland: Interpreting the European Convention on Human Rights.” InReport 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“Guidelines on the Implementation of the Law on Freedom of Assembly of the Republic of Azerbaijan” (co-author)OSCE-ODIHR (forthcoming)“Parades and Other Public Assemblies” Northern Ireland Human Rights Commission Review, Summer 2008, pp.12-13.Joint Opinion on the Amendments of 17 March 2008 on the Amendments to the Law on Conducting Meetings,Assemblies, Rallies and Demonstrations of the Republic of Armenia by the Venice Commission and OSCE/ODIHR(co-author)OSCE-ODIHR / Venice Commission Guidelines on Freedom of Peaceful Assembly (with the OSCE/ODIHR Panel ofExperts on Freedom of Assembly) 2007“Parade Related Protests: Is It the ‘Taking Part’ That Counts?” Just News (CAJ), August 2005.Kretzmer, DavidBooksThe Occupation of Justice: The Supreme Court of Israel and the Occupied Territories SUNY Press, 2002The Legal Status of the Arabs in Israel 2nd edn. in Arabic, 2002The Concept of Human Dignity in International Human Rights Discourse Kluwer Law International 2002 (co-edited withE. Klein)Peer Reviewed Articles“Human Rights in Israel” 11 Israel Affairs (2005): 39“Targeted Killings of Suspected Terrorists: Extra-Judicial Executions of Legitimate Means of Self Defence?” 16European Journal of International Law (2005): 171“The Advisory Opinion: The Light Treatment of International Humanitarian Law” 99 American Journal of InternationalLaw (2005): 1“The Supreme Court of Israel: Judicial Review During Armed Conflict” 47 German Yearbook of International Law(2005): 392Book Chapters“Human Dignity in Israeli Jurisprudence”. In The Concept of Human Dignity in Human Rights Discourse edited by DKretzmer and E Klein, Kluwer Law International, 2002“Civilian Immunity in War: legal aspects”. In Civilian Immunity in War edited by Igor Primoratz, Oxford UniversityPress 2007Other Book Chapters“Torture, Prohibition of”, in Max Planck Encylopedia of Public International Law, Online, Oxford University PressMcKenna, SorchaOtherReview of Somalia the Untold Story – the war through the eyes of Somali women edited by Judith Gardner and Judy ElBushra 6(1) Ethnic Conflict Research Digest (2006) [Read]52


Mechlem, KerstinBooksGroundwater in International Law: Compilation of Treaties and Other Legal Instruments, co-edited with Stefano Burchi, FAOLegislative Study No. 86, Rome: FAO, 2005 [Read]Peer Reviewed Articles“Treaty Bodies and the Interpretation of Human Rights”, (2009) 42 Vanderbilt Journal of Transnational Law“Harmonizing Trade in Agriculture and Human Rights: Options for the Integration of the Right to Food into theAgreement on Agriculture”, in: (2006) 10 Max Planck Yearbook of United Nations Law 127 - 190“International Groundwater Law: Towards Closing the Gaps?”, (2003) 14 Yearbook of International Environmental Law47 - 80“Food Security and the Right to Food in the Discourse of the United Nations”, (2004) 10 European Law Journal 631- 648; also reprinted in: Snyder, Francis (ed.), International Food Security and Global Legal Pluralism, Brussels: Bruylant,2004, pp. 47 - 69“Shared Resources: Transboundary Groundwaters – Reports of the Special Rapporteur”, (2004) 34 EnvironmentalPolicy and Law 162 - 166Book Chapters/Other Articles“Groundwater Protection”, in: Rüdiger Wolfrum (ed.), Encyclopedia of Public International Law, Oxford: OxfordUniversity Press (forthcoming)“Food and Agriculture Organization of the United Nations”, in: Rüdiger Wolfrum (ed.), Encyclopedia of PublicInternational Law, Oxford: Oxford University Press, 2008“The Right to Food”, in: Rüdiger Wolfrum (ed.), Encyclopedia of Public International Law, Oxford: Oxford UniversityPress, 2008“World Food Programme”, in: Rüdiger Wolfrum (ed.), Encyclopedia of Public International Law, Oxford: OxfordUniversity Press, 2008“World Food Council”, in: Rüdiger Wolfrum (ed.), Encyclopedia of Public International Law, Oxford: Oxford UniversityPress, 2008“Agricultural Biotechnology and the Right to Food”, co-authored with Terri Raney, in: Francesco Francioni (ed.),Biotechnologies and International Human Rights, Oxford and Portland: Hart, 2007, pp. 131 – 160“The Development of Voluntary Guidelines for the Right to Adequate Food”, in: Ahmed Mahiou and Francis Snyder(eds.), La sécurité alimentaire – Food Security and Food Safety, Leiden: Nijhoff, 2006, pp. 351 - 390“Legal Reform in Developing Countries”, in: Jean-Jacques Dethier (ed.), Governance, Decentralization and Reform inChina, India and Russia, Boston/Dordrecht/London: Kluwer Academic Publishers, 2000, pp. 311 - 338Other“International Law Commission Adopts Draft Articles of a Transboundary Aquifers Convention”, ASIL Insight, Volume12, Issue 18 (27 August 2008)“Strengthening Regional Consultation and Coordination of the SASS Aquifer”, in: IUCN, Negotiate, Gland: IUCN(forthcoming)“Helping Make Rights a Reality: Support to the Judiciary in Implementing Mozambique’s New Natural ResourcesLaws”, in: Thomas Greiber (ed.), Judges and the Rule of Law - Creating the Links: Environment, Human Rights andPoverty, IUCN: Gland, 2006, pp. 3 - 7“Legal and Institutional Considerations”, chapter co-authored with Stefano Burchi and Marcella Nanni, in: UNESCO,Non-renewable Groundwater Resources – A Guidebook on Socially Sustainable Management for Water-Policy Makers, Paris:UNESCO, 2006, p. 49 - 57“The Right to Food and Biodiversity Conservation”, in: 2006 IUCN Environmental Law Programme Newsletter 6 - 7“Agricultural and Food Policies”, co-authored with Julian Thomas, FAO, GTZ, Right to Food – Putting it into PracticeBriefs, Brief No. 4, Rome: FAO 2006“Nutrition, Food Safety and Consumer Protection”, co-authored with Ellen Muehlhoff and Franz Simmersbach, FAO,GTZ, Right to Food – Putting it into Practice Briefs, Brief No. 5, Rome: FAO 2006Book Review, Freedom from Want: The Human Right to Adequate Food by George Kent, co-authored with JulianThomas, in: (2006) 31 UN System – Standing Committee on Nutrition (SCN) News 51Water as a Vehicle for Inter-state Cooperation: A Legal Perspective, FAO Legal Papers Online No. 32, 2003, alsoreprinted in: Janus Bogardi and Saskia Castelein (eds.), Selected Papers of the International Conference “From Conflict to53


Co-operation in International Water Resources Management: Challenges and Opportunities”, UNESCO – IHE Delft, TheNetherlands, 20-22 November 2002, Paris: UNESCO – IHP, 2004, p. 194 - 208“The Right to Food and the Right to Water”, in: FAO, Agriculture, Food and Water – A Contribution to the World WaterDevelopment Report, Rome: FAO 2003, pp. 53 - 55The Role of FAO and the Intergovernmental Process to Develop Voluntary Guidelines for the Right to Adequate Food, FAO,2002Ni Aolain, FionnualaBooksGender and the Post-Conflict Process Oxford: Oxford University Press, 2009. (co-author with D Hayes & N Cahn)(forthcoming)Law in Times of Crisis - Emergency Powers in the Theoretical and Comparative Perspective. Cambridge: CambridgeUniversity Press, 2006. (co-author)The Politics of Force - Conflict Management and State Violence in Northern Ireland. Belfast: Blackstaff Press, 2000.Ni Aolain, F., Weissbrodt, F. and, and Neuman. International Human Rights: Law, Policy and Process: Anderson Publishing,2008.Peer Reviewed Articles“Gendering the Universal Declaration” Maryland Journal of International Law (2009) (forthcoming)“Women, Security and the Patriarchy of Internationalized Transitional Justice” Human Rights Quarterly (2009)(forthcoming)“Gender and the Rule of Law” Minnesota Journal of International Law (2009) (forthcoming)“A Skeptical View of Deference to the Executive in Times of Crisis” Israel Law Review (2008)“Underenforcement and Instersectionality: Gendered Aspects of Transition for Women” 1 International Journal ofTransitional Justice (2007): 338-354“Hamdan and Common Article 3: Did the Supreme Court Get it Right? 91 Minnesota Law Review (2007): 1525“Gender, Truth and Transition” 16 UCLA Women’s Law Journal (2007): 229-279 (co-author with C Turner)“Political Violence and Gender in Times of Transition” 15(3) Columbia Journal of Gender and the Law (2006): 829-849“The Paradox of Transition in Conflicted Democracies.” 27 Human Rights Quarterly (2005): 172. (co-author with CCampbell)“Thinking Globally, Acting Locally: Enforcing Socio-Economic Rights in Northern Ireland.” European Human RightsLaw 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.” IsraelYearbook 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 ofArticle 15 of the European Convention of Human Rights.” 23 Human Rights Quarterly (2001). (co-author with OGross)“Emergency, War and International Law- Another Perspective” 70 Nordic Journal of International Law 29-63 (coauthorwith O Gross)“The Evolving Jurisprudence of the European Convention Concerning the Rights to Life.” 19 Netherlands Quarterlyof Human Rights (2001): 21-42.“Rethinking the Concept of Harm and Legal Categorizations of Sexual Violence During War.” 1 Theoretical Inquiries inLaw (2000): 305.“Sexual Violence During the Holocaust - a Re-Evaluation of Harms and Rights in International Law.” 12 Yale Journalof 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): 95754


“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 AlbanyLaw 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 InternationalAffairs (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 Access to Justiceas a Human Right, edited by Francesco Franconi, Oxford University Press, 2007.“Rights after the Revolution: Progress of Backslide after the Good Friday Agreement.” In Human Rights Advocates andConflict Resolvers, 2006 (forthcoming).“Enforcing Social and Economic Rights at the Domestic Level - a Proposal.” In Poverty: Rights, Social Citizenship andGovernance: University of British Columbia Press, 2007. (co-author with G McKeever).“To Know Where We Are Going We Need to Know Where We Are: Revisiting States of Emergency.” In A HumanRights Agenda for the Twenty First Century, 1998. (co-author with O Gross)OtherReview of Buying Social Justice American Journal of International Law (2009) (forthcoming)Review of Terror Conflated – A Review of Terror in the Balance, Constitutional Commentary (2008).Review of Unseen Justice – The Depth of Change in Transitional Societies, 22 Ethics & International Affairs 213-222(2008).Review of The Power of Voice – Narrative at the End of Conflict, 28 Journal of Law and Society 311 (2000).Review of Unfinished Business: State Killings and the Quest for Truth, by B Rolston: 28 Journal of Law and Society 311(2001)Review of The International Covenant on Civil and Political Rights: International Human Rights Law in Ireland, by MO’Flaherty and L Heffernan: 8 European Journal of International Law 533 (1997)Review of A Dictionary of Irish Law, by H Murdoch: 6 European Journal of International Law 156 (1995)O’Rawe, MaryBooksHuman Rights on Duty - Principles for Better Policing: International Lessons for Northern Ireland. Belfast: CAJ, 1997. (coauthorwith L Moore)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“International Lessons for the Transformation of Policing in Northern Ireland.” 2(4) International Journal of HumanRights (1998): 66-86 (co-author).“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 NorthernIreland, 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 LMoore).“The United Nations: Structure Versus Substance - Lessons from the Principal Treaties and Covenants.” In Human55


Rights - an Agenda for the 21st Century, edited by A Hegarty and S Leonard: Cavendish, 1999.“Human Rights.” In Human Rights: Looking through the Violence, edited by B Heatherington. London: Peace PledgeUnion, 1992.Reports“Justice and Human Rights.” In Recognition and Reckoning: The Way Ahead on Victims’ Issues, edited by B Hamber and RWilson. Belfast: Democratic Dialogue, 2003.“Human Rights in Police Training: Report 4 - Course for All.” Belfast: Northern Ireland Human Rights Commission,2004. (co-author).“Human Rights in Northern Ireland.” In Education for Human Rights – Theory and Practice, Report pf theCitizenship Foundation Human Rights Summer School 1993, London: Citizenship Foundation, 1994.Reilly, NiamhBooksWomen’s Human Rights: Seeking Gender Justice in a Globalising Age. London: Polity Press, 2007 (forthcoming).Demanding Accountability: The Global Campaign and Vienna Tribunal for Women’s Human Rights. New York: UnitedNations Development Fund for Women, 1994 (co-author with C Bunch).Peer Reviewed Articles“Seeking Gender Justice in Post-conflict Transitions: Towards a Transformative Women’s Human Rights Approach”International Journal of Law in Context (2007) (forthcoming)“The UN “Beijing Platform for Action” 1995-2005: Local Global Political Spaces, NGO Advocacy, and GovernmentalResponses in the Republic of Ireland.” 20(2) Irish Political Studies (2005): 187. [Read]“Linking Local and Global Feminist Advocacy: Framing Women’s Rights as Human Rights in the Republic of Ireland.”Women’s Studies International Forum (2006) (forthcoming)“Cosmopolitan Feminism and Human Rights.” 22 Hypatia: A Journal of Feminist Philosophy (2007) (forthcoming)Book Chapters/Other Articles“Global Norms, Local Action: Critical Approaches to Women’s Human Rights”. In Women in Contemporary Ireland,edited by U Barry. Dublin: New Island, (2007) (forthcoming)“Cultural Recognition and Human Rights: Lessons from the Experience of Irish Traveller Women.” 25 Human RightsDialogue Series 2 No.12 (2005).“International Networking for Women’s Human Rights.” In Global Citizen Action, edited by M Edwards and JGaventa. Colorado: Lynne Rienner, 2001 (co-author with C Bunch, P Antrobus, S Frost).“The Global Campaign: Violence against Women Violates Human Rights.” In From Basic Needs to Basic Rights,edited by M Schuler. Washington: Women Law and Development International, 1995 (co-author with C Bunch).Reports“Women Testify: A Planning Guide for Popular Tribunals and Hearings.” New Brunswick, NJ: Center for Women’sGlobal Leadership, 2006. (co-author)“Without Reservation: The Beijing Tribunal on Accountability for Women’s Human Rights”. New Brunswick, NJ:Center for Women’s Global Leadership, 1996 (editor).OtherReview of Gender Injustice by Anne Marie Cotter Mooney in Just News December 2005 (CAJ).Simpson, KirkBooksTruth Recovery in Northern Ireland: Critically Interpreting the Past (Manchester University Press, 2009)(forthcoming)Unionist Voices: The Politics of Remembering the Past in Northern Ireland (Palgrave, 2009) (forthcoming)56


Peer Reviewed Articles“Untold Stories: Unionist Remembrance of Political Violence and Suffering in Northern Ireland” 3(4) British Politics(2008): 465-489“Voices Silenced, Voices Rediscovered: Victims of Violence and the Reclamation of Language in Transitional Societies”3(2) International Journal of Law in Context (2007): 89-103“Victims of Political Violence: A Habermasian Model of Truth Recovery.” 6(3) Journal of Human Rights (2007):325-343“Silence and Violence among Northern Ireland Border Protestants.” 72(1) Ethnos (2007) (forthcoming) (co-authorwith H Donnan)“Changing Relationships in the Irish Borderlands.” Anthropology in Action (2007) (forthcoming) (co-author with HDonnan)“Citizenship Education in Northern Ireland: A Habermasian Perspective.” 9(1) Citizenship Studies (2005): 73-88 (coauthorwith P Daly).“Politics and Education in Northern Ireland.” 12(2) Irish Studies Review: 163-74. (co-author with P Daly).Other PublicationsReview of Shadows of War by Carolyn Nordstrom in Anthropology in Action, (2007)Smith, AnnePeer Reviewed Articles“Constitutionalising Equality: The South African Experience” International Journal of Discrimination and the Law (2008):201-249.“Bills of Rights as Process: The Canadian Experience” International Journal of Law in Context (2008):343“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.*This article was first published in Public Law“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 RightsCommission, with Comparisons from South Africa.” 2005. (co-author)OtherComment on ‘E’/Holy Cross Case’, CAJ Just News, 2009.“Building Equality and Social Justice through Constitutional Provisions: Equality Mainstreaming and the Bill of Rightsin the 1998 Good Friday Agreement.” Equality and Social Inclusion in Ireland Project, Working Paper No. 15, 2006.(co-author)Turner, CatherinePeer Reviewed Articles‘Delivering Lasting Peace, Democracy and Human Rights in Transition: The Role of International Law’ InternationalJournal of Transitional Justice (2008)‘Utopia and the Doubters: Truth, Transition and the Law’ (with Colm Campbell), Legal Studies (2008)“Gender, Truth and Transition” 16 UCLA Women’s Law Journal (2007) (co-author with F Ni Aolain)OtherReview 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 TCoffman-Wittes 6(1) Ethnic Conflict Research Digest (2006)Comment: “Home Rule or Rome Rule? Ireland and the International Criminal Court” 5 Trinity College Law Review(2002)57


Annex II: TJI STRATEGIC PLANStrategic Objectives / Risks: 2008-09INTRODUCTIONThe TJI aims to produce academic research of international excellence which, it is hoped, may significantly influencepolicy. It strives to be a world-leading research institute with a unique focus on Transitional Justice.The TJI aims to examine transitional justice and the ways in which law and legal institutions assist (or not) the movefrom conflict to peace. This includes examination of new legal and political institutions as well as mechanisms forengaging with the past. Underpinning the research agenda of the TJI is the assumption that the role of law in situationsof transition is different from that in other times (though whether this difference is in kind or merely in degree isitself an important theoretical issue to be addressed as part of its agenda). Rather than being pro-active, prospectiveand related to well established notions or order, stability and community, the role of law in transitional situationsis a less understood role of assisting in the transition from a situation of conflict to one of peace (perhaps betterunderstood as non-violent conflict). While research is beginning to acknowledge this, further research is needed toboth expand this understanding and to move beyond the descriptive, to policy suggestions for the future.THE AIMS OF THE TRANSITIONAL JUSTICE INSTITUTEThe Transitional Justice Institute aims to enable research of the highest international standard to be further developedin 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 internationalinstitutions. 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 underlyingrelationship between justice and peace;• To examine the role of the international and domestic legal systems and institutions in facilitating transitionfrom conflict;• To make links between the experience of Northern Ireland and international experience, so as to benefit bothNorthern 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 Irelandfor the benefit of a global audience, and also brings comparative experiences and international influences into theNorthern Irish debate. It is building an ‘active research’ model, where engagement with institutions, policy-makersand communities (internationally and locally) generates research, and research generates engagement. Establishingsuch 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 transitionitself.Northern Ireland is also a devolved region of a western liberal democracy. This distinctive straddling of the categoriesof ‘conflict/transitional society’ and ‘western democracy’ make Northern Ireland the ideal place to develop researchon the extent to which the dilemmas and solutions of ‘transitional justice’ have a currency as regards social changein less dramatic circumstances. With respect to other transitional societies, the example of Northern Ireland isuseful 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.58


The Transitional Justice Institute (TJI) was established in June 2003, following a £4.2 million grant under the SupportProgramme for University Research II.RESEARCH AGENDAIn addition to developing the theoretical and conceptual underpinnings of the notion of ‘transitional justice’, the TJI’sresearch agenda is grouped under five areas:1. Conflict and LawResearch in this area addresses the relationship between law and conflict prevention, management andtransformation.2. Transformation of Political Participation and InstitutionsResearch in this area examines the relationship between political accommodation and minority rights, therelationship between political institutions and law more generally; and how civil society organization andnotions of ‘participatory democracy’ play out in the transitional setting.3. Transformation of Legal InstitutionsResearch in this area addresses the issue of rule of law and reform of legal institutions.4 Dealing with the PastResearch in this area addresses existing mechanisms for dealing with the past, and their critiques (boththeoretical and practical), with a view to making policy suggestions for domestic and internationalaudiences.5. Gender, Conflict and TransitionResearch in this area aims to examine the gender dynamics of transition. Research in this area is focused ontwo complementary elements. First, specific research on the relationship of women to war, peacemakingand peace-building, aimed at informing the study of transitional justice generally. Second, by ensuring thatresearch in other areas have gender analysis integrated into their formation and delivery.STRATEGIC OBJECTIVESThe TJI will seek to further its research agenda through a number of strategic objectives.2008-09• To capitalize on its outstanding 2008 Research Assessment Exercise success.• To capitalize on its outstanding 2008 Research Assessment Exercise success, by advance planning on theREF supporting research and using appropriate external review• 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 SPUR bid(Appendix)59


• To continue to support staff and associate researchers to develop the TJI research agenda through the TJI’sresearch support mechanisms• To continue to develop the infrastructure of the TJI by creating new administrative support mechanisms• 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 ensure that the University fully supports the world leading research being produced by the Institute• To seek to minimise administrative burdens, generally and in particular,• To ensure the requisite University support for the TJI subsequent on the conclusion of external funding.MANAGEMENT STRUCTURESThe 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, althoughmore than one Directorship may take place within the four year period. S/he will have responsibility for the day-todayrunning of the Institute; for organizing meetings and implementing decisions of the Coordination and AdvisoryBoards; 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 primarymechanism whereby a coherent and integrated agenda will be delivered. The Board will have responsibility forpreparation of strategic plans; for overseeing the implementation of the plan; for the award of Transitional JusticeFellowships, Associate membership of the TJI, Visiting Fellowships, research studentships and Transitional JusticeScholarships; 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 inrelation 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-graduatestudents 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 becommissioned. The purpose of the reviews will be to assess the extent to which the Institute has met the objectivesspecified herein and the targets set out in the strategic plan and to make recommendations for enhancing the workof the Institute. The reports arising from the reviews will be submitted to the funders, to the External Board, andto the University. It will be the responsibility of the Coordination Committee in conjunction with the Director toensure that appropriate follow-up action is taken, in order to enhance the reputation of the Institute as a site ofinternationally excellent scholarship.SustainabilitySustainability will be addressed through the TJI management board, and also through discussions at the School andFaculty level.60

More magazines by this user
Similar magazines