ANNUAL REPORT WORD FROM THE PRESIDENT

IN THIS ISSUE As I announced in the preface of the 2014 Annual Report, the year 2015 marked a major turn in the life of our Institute: its transformation into a Foundation. I will return to that in a few lines. TEAM 04 International Institute of Human Rights – Fondation René Cassin 04 First let me highlight the very large and fruitful activity of the International Institute of Human Rights in 2015. Apart from its eighteenth summer course on Refugee Law, in cooperation with the United Nations High Commissioner for Refugees, and its forty-sixth annual July session (!) in Strasbourg, the IIHR held INSTITUTIONAL ACTIVITIES four sessions abroad, in Bamako, Beirut, Dakar and Port-au-Prince (next year there will be three more, Donors and Partners 05 in Abidjan, and, for the first time, in Buenos Aires and in Yaoundé). International Festival of Human Rights Film 05 The scientific and academic activity has continued to be very strong: a preparatory seminar in Paris TRAINING SESSIONS IN FRANCE II Panthéon-Assas for the symposium organised by the Research Center for Human Rights and Humanitarian Law, and symposium in Toulouse for the protection of human rights by the supranational 1. TRAINING SESSIONS courts; in Paris, organised by the Research Centre for Human Rights and Humanitarian Law of the Summer course on refugee law 06 University of Paris II Panthéon-Assas, on “The European Court of Human Rights: A Necessary Confidence Annual teaching session 10 for a Renewed Authority”; without counting the participation of our Secretary general, Sébastien Touzé, at the Mendoza conference in Argentina. Finally, in December 2014, the proceedings of the symposium on “L’objectivation du contentieux des droits et libertés fondamentaux” have just been published by 2. CONTINUING TRAINING SESSIONS Pedone. Spring school 18 As for our Human Rights Clinic, we must salute the dynamism and quality of its students. At their 3. SEMINARS intention, nine seminars were given by distinguished lecturers, and they had prepared a third party Seminar for Italian jurists 21 intervention, which has been accepted by the European Court of Human Rights in the very important case of Lambert vs France: it is a feat. 4. EDUCATIONAL ACTIVITIES Human rights law clinic 22 The organisation of the René Cassin European Pleading Competition is also an important event for the René Cassin pleading competition 25 Institute; this appointment allows us to appreciate the high quality of written and oral submissions of passionate students in the subject of Human Rights.

TRAINING SESSIONS ABROAD 26 I return now to the long awaited big news: the Official Journal published on December 13th, 2015 that Mali 27 transformed our status into a decree of Council of State. The IIHR will henceforth be a recognised Lebanon 30 public utility Foundation, of which it is a founding member along with the city of Strasbourg; without Senegal 33 the political and material supports of the latter, the acquisition of this prestigious status – and fiscally Haïti 38 beneficial in terms of donations - would have been very difficult, I would therefore like to thank the city of Strasbourg. THE PRECEDENT IN INTERNATIONAL LAW 42 The International Institute of Human Rights - Fondation René Cassin will thus have new resources that will enable it to intensify its actions. At a time when barbaric terrorism, grave violation of human CONFERENCE - Federal Court of Mendoya, international human rights law 45 rights, calls for a fight to ensure security without sacrificing liberty, it is crucial for our Institute, of recognised standing in the world, to have the means for its legitimate ambitions. It will be supported by an association of friends of the Institute, which has just been created under the chairmanship of SYMPOSIUM - The European Court of Human Rights, a necessary confidence 46 Michel De Salvia. It aims to bring together at least all of the members of the old association, faithful and for a Renewed Authority devoted to the work of René Cassin.

IIHR ANNUAL CONFERENCE 48 In this new year, I would like to extend my thanks to the staff our Institute. To parody Churchill: never have a small number of people done as much for the great cause, than that of rights and freedoms. To STUDY DAY 50 our staff, and to all the volunteers who do not spare their efforts, a very big thank you.

RENÉ CASSIN THESIS PRIZE 52 And may 2016 sees the beginning of the rise of human rights in the world!

PUBLICATIONS 53 Jean-Paul COSTA President of the International Institute of Human Rights – Fondation René Cassin OUR 2016 PROGRAM 54

2 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 3 TEAM INSTITUTIONAL ACTIVITIES

THE BOARD During this meeting, the board and the director of the IIHR-Fondation René Cassin have been elected. The board is composed of the following: Jean-Paul COSTA, President Françoise TULKENS, Vice-Presidente Jean-Paul COSTA, President Luis JIMENA QUESADA, Secretary General Françoise TULKENS, Vice-Presidente Jean-Pierre WACKER, Treasurer Luis JIMENA QUESADA, Secretary General Jean-Pierre WACKER, Treasurer

DIRECTION Sébastien TOUZÉ has been appointed Director the Foundation.

Sébastien TOUZÉ, Director DONORS AND PARTNERS

Thanks to the support of its donors and partners, The IIHR can implement and develop its training and research activities. The activities of the Institute are supported by: RESEARCH, ADMINISTRATION French-Speaking University Agency; The French Embassy in Haiti; Association of Judges and Officials CONTINUING TRAINING, TRAINING SESSIONS ABROAD of National and Federal Justice of the section Cuyo; Strasbourg Bar; Jean Monet Center of Excellence; DOCUMENTATION ANNUAL STUDY SESSION Geneva Center for Human Rights Advocacy and Global Dialogue; Léon Duguit Center of Research; SEMINARS, COMMUNICATION SUMMER COURSE ON University Panthéon-Assas Research Center on Human Rights and Humanitarian Law (Paris II); Jean Kathy BINGLER, REFUGEE LAW Bodin Center for Political and Legal Research; National Commission for Human Rights in the Ivory Coast Agathe PETIT, Administrative (CNDHCI); European Council, Delegation of the European Union in Haiti; Division of Human Rights of the Research Assistant and Financial Officer Muriel SOGNIGBÉ SANGBANA, integrated multi-dimensional UN mission for stabilisation in Mali (MINUSMA); Judiciary School of Haiti; Programme Officer School of Higher Economic Studies of Moscow; Toulouse Law and Political Science School; University of Evangelia VASALOU, Anne-Laure GRUSSI, Strasbourg Law, Political Science and Management School; Friedrich Naumann Foundation for Liberty; Research Assistant Executive Assistant Marangopoulus Foundation for Human Rights; King Baudouin Foundation; The Civil Society Initiative; The Political Science Institute of Bologna; The Maurice Hauriou Institute; The Federative Institute of Research; IRDEIC; Minister of Foreign Affairs and International Development (France), United Nations Operations in the Ivory Coast (ONUCI); International Organisation of la Francophonie; The Prime Minister (France); The Region Alsace; The Permanent Representatives of Denmark and Luxembourg with the Council of Europe; School of Political Science- University of Bologna; The Senate (France); UNCHR; The Catholic University of Milan; Angers University; Evry-Val-d’Essonne University ; Jinan University of INSTITUT INTERNATIONAL DES DROITS DE L’HOMME – FONDATION RENÉ CASSIN Lebanon; Panthéon-Assas University; Toulouse Capital University; The City of Strasbourg.

The International Institute of Human Rights has been recognised recognised as a Foundation of public utility by a decree of the State Council published in the Official Journal on December 13th, 2015. The INTERNATIONAL FESTIVAL OF HUMAN RIGHTS FILM change in status of the Institute allows it to have the means necessary for its ambitions and to continue to work in favor of the protection and the promotion of human rights in France as well as the world. The International Festival of Human Rights Films (FIFDH) is the festival of documentary cinema on Human Rights in France. It is the largest cultural event regarding human rights in France and it aims to The first meeting of the administrative board took place on January 28th, 2016, in the presence of raise public awareness for the protection of human rights. For several years, the International Institute François ALABRUNE, Director of legal affairs – French Ministry of foreign affairs ; Pascal MONTFORT, of Human Rights has supported the Festival in Paris and Strasbourg. Magistrate at the International Organisations Bureau of European and International Affairs Department – Ministry of Justice ; Odile GATTY, Director of General Administration, Region’s Prefecture Alsace and Bas-Rhin – Ministry of Interior ; Chantal CUTAJAR, Deputy Mayor – City of Strasbourg ; Jean-Paul COSTA, President of the IIHR; Sébastien TOUZÉ, Secretary general of the IIHR ; Jean-Pierre WACKER, Treasurer of the IIHR; Michel DE SALVIA, President of the association of the friends of the International Institute of Human Rights – Fondation René Cassin ; Kathy BINGLER, Administrative and Financial Officer of the IIHR.

4 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 5 TRAINING SESSIONS IN FRANCE

1. TRAINING SESSIONS PROGRAM

Every year the Institute organises two types of teaching sessions in Strasbourg: on the one hand, THEMES PARTICIPANTS a summer course on refugee law; and on the other hand, a session dedicated to the international and comparative human rights law. Jean-Paul COSTA, President of the International Institute of Human Rights – Fondation René Cassin, Former Welcoming Statements President of the ECHR; Philippe LECLERC, UNHCR Representative in Paris, France SUMMER COURSE ON REFUGEE LAW Jean-Louis ATANGANA-AMOUGOU, Director of the Opening Conference Cabinet of the Secretary General of the International Organisation of the Francophonie

Vincent CHETAIL, Professor of International Law at the Refugee Law and International Graduate Institute of International and Development Human Rights Law Studies, Geneva

Introduction to the UNHCR’s terms José FISCHEL DE ANDRADE, Senior Protection Officer, of reference and its activities UNCHR, Paris

Jean-François DURIEUX, Research associate, Refugee Refugees in Armed Conflicts Studies Centre, Oxford University

Emad AZIZ SEDRAK, Legal Officer, Division of International Internaly Displaced Persons Protection, UNHCR Geneva

Convention of July 28th, 1951, and A session more relevant than ever before Protocol of January 31st, 1967 on Jean-Yves CARLIER, Professeur à l’Université Catholique the status of refugees: Article 1A de Louvain ; Membre du Réseau Académique Odysseus inclusion

OBJECTIVE Convention of July 28th, 1951, and Protocol of January 31st, 1967 on Jean-Yves CARLIER, Professor at the Catholic University The International Institute of Human The participants, in addition to theoretical the status on refugees: Article 1 C of Leuven, Member of the Odysseus Academic Network Rights (IIHR) and the United Nations High courses on the subject, are brought to confront and F1- exclusion and cessation. Commissioner for Refugees (UNHCR), with their knowledge with the reality of the issues the support of the French Minister of Foreign addressed by the utilisation of concrete cases Convention of July 28th, 1951 and Protocol of January 31st, 1967, on Affairs and International Development, during the seminars, but also in moot court. Julian FERNANDEZ, Professor of Law at the University of the status of refugees: Article 33, have organised the 18th summer course on Panthéon-Assas (Paris II), Director of Thucydides Center Refugee Law. It took place in Strasbourg from This session is particularly aimed at: Members Prohibition of expulsion or return the 22nd of June to the 3rd of July 2015. This of the police force; Members of national (“refoulement”) training course, established in 1998, aims to eligibility commissions; Judges, Lawyers and Statelessness: How to prevent it promote the rights and international protection Legal Professionals; Academics; Staff members Inge STURKENBOOM, Statelessness Regional Protection and what are the rights for stateless of refugees; as well as to provide a complete of UNCHR; Government officials; Protection Officer, UNCHR, Brussels persons? and current training on this topic. The lessons OFPRA Officers; International and national NGO are taught in French. staff members; Students; UN Staff. Jaime RUIZ DE SANTIAGO, Professor of International Refugees protection in Latin Law, Instituto Tecnológico Autónomo de México, Former America This training session is conducted by high-level UNHCR Officer experts with complete knowledge of the issues regarding refugees, displaced and stateless Special visit and conference: The persons, and who make their expertise available refugees and asylum seekers in the Ledi BIANKU, Judge at the European Court of Human to participants during the two weeks of the case-law of the ECHR- European Rights courses. Court of Human Rights

6 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 7 RESULTS THEMES PARTICIPANTS

Delphine LENEUTRE, Legal Associated with the UNHCR The summer course welcomed 70 participants This course aims to respond to a growing need Representation to the European Institutions in Strasbourg from 29 different countries. The number of for training professionals confronted with Fredrik SUNDBERG, Deputy to the Head of Department participants increased compared to previous questions on refugee law, displaced persons for the Execution of Judgments of the European Court sessions due to particularly concerning and stateless persons. Round table on activities of of Human Rights; Chief of Information, Research and news with increasingly important population the UNHCR Representation in Publications Division; movements. The participants and the speakers Strasbourg with representatives of Nikolaos SITAROPOULOS, Deputy to Director and Head of have established an intense and constructive the Council of Europe Division, Office of the European Commissioner for Human dialogue which enabled them to raise major Rights; issues faced by refugees and the legal Julien ATTUIL, Administrator, European Committee for responses of international and regional refugee the Prevention of Torture and Inhuman or Degrading law. Treatment or Punishment (CPT)

Refugees protection in the Arab Nabil BENBEKHTI, Senior Protection Officer, UNHCR, World Tunis PARTICIPANT’S TESTIMONY Brigitte MUKANGA-ENO, Senior Protection Officer, Africa, Refugees protection in Africa UNHCR, Geneva DABIRE Samson Mwin Sôg Mè I can say without hesitation that my objectives PhD Candidate and Assistant to have thus been achieved. In fact, the lessons were European Policy on asylum and Francesco MAIANI, Associate Professor, Institute of the Department of Public Law thorough. Some of the teachers and panelists immigration Advanced Studies in Public Administration University of Geneva had a perfect mastery of their field, while the Fadela NOVAK-IRONS, Senior Staff Development Officer, others had a strong practical experience to Gender and international protection UNHCR Budapest share. So, during these two weeks, we were I have kept an unforgettable memory from well equipped on the complexity of the legal Moot Court: Decisions and the 18th course on Refugee Law, organised by and practical questions regarding refugees. Moderator : Dominique MONGET-SARRAIL, Lawyer debriefing the International Institute of Human Rights in In particular, the experiences, training, and Strasbourg and the UNHCR representation in the diverse origins of participants were very Michel DE SALVIA, Vice-President de l’IIDH ; France. enriching for grasping the contemporary José FISCHEL DE ANDRADE, Senior Protection Officer, Closing Ceremony challenges of the problem. Likewise, the final UNHCR Paris; By participating, I mainly followed a double exercise of moot court, real teamwork, came Muriel SOGNIGBÉ SANGBANA, Programme Officer - IIHR objective: to deepen my knowledge on the about as a part of an application of theoretical matter of refugees and to find food for thought knowledge to a concrete case of a request for José FISCHEL DE ANDRADE, Senior Protection Officer, for the needs of my doctorate thesis research asylum in order to flee persecution. Although Coordination UNCHR, Paris which covers, “The States of Emergency in a fictitious case, it was a special moment Muriel SOGNIGBÉ SANGBANA, Programme Officer - IIHR Africa”, circumstances which often generate where emotion, feelings, talents, and sensitivity internal displacement and sometimes feed into mixed, all testifying the greatness of law and the flux of refugees as well. This is an eminently legal reasoning. In such a warm and friendly complex issue to which I have become more atmosphere, this rewarding training has filled and more attached to since finishing my my expectations. Masters in International Humanitarian Law and Human Rights, which served as some kind of I would also like to reiterate my gratitude to initiation for me. This 18th summer course was the International Institute for Human Rights in a perfect opportunity for me to learn more, as Strasbourg, the UNHCR Representative in Paris well as the sources which say that the multiple and in Strasbourg, and to all of the participants consequences of the refugee phenomenon are of whom I keep the best memory. still current nowadays.

8 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 9 ANNUAL TEACHING SESSION This training session was aimed at: • Academics and researchers CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW • Members of Non-governmental organisations • Legal professionals • National and international civil servants • Advanced students in legal, political, human and social sciences; • Other professions confronted with human rights

PROGRAM

THEMES PARTICIPANTS

Opening Speech Opening Conference René Cassin Thesis Prize Ceremony

Thematic Courses

Thematic Course 1 : United Nations Karin ARTS, Professor, International Institute of Social Convention on the Rights of the Studies, Erasmus University Rotterdam Child

Djamchid MOMTAZ, Professeur, Université de Téhéran ; Cours Thématique 2 : La protection Ancien Président de la Commission du droit international de l’enfant dans les conflits armés des Nations Unies

Cours Thématique 3 : La protection Rafaëlle MAISON, Professeur, Université Paris-Sud de l’enfant en Droit International (Paris XI) OBJECTIVE Pénal

In 2015, the Institute organised its 46th annual This 46th training session took place in Cours Thématique 4 : La protection Jean ZERMATTEN, Directeur, Institut International des training session. Put into place for the first time Strasbourg, from the 6th to the 24th of July, internationale de l’enfant migrant Droits de l’Enfant – Chaire Fondation Roi Baudouin in 1970 by René Cassin, founder of IIHR, this and focused on the theme “Children and training session aims to train legal practitioners, International Human Rights Law”. It was Thematic Course 5 : Protection Susanna GREIJER, Doctor in International Law; Project academics and researchers, students, and designed to familiarise the participants with of children who are victims of Coordinator at ECPAT and independent expert on every person interested in the international various international systems of protection of international human rights violations children’s rights and child protection legal instruments protecting human rights while human rights, to tackle the different issues In-Depth Courses relying on a current issue. It allows participants related to the child’s status in international law to deepen or perfect their academic knowledge, of human rights but also in the other relevant Cours d’approfondissement 1 : Hughes FULCHIRON, Professeur, Directeur du Centre de but also to be confronted with different realities areas of law. The basic courses were given in 4 La notion d’intérêt supérieur de droit de la famille, Université Jean Moulin Lyon 3 and different experiences. languages: French, English, Spanish and Arabic. l’enfant : approche comparée The courses were held by international law of human rights specialists. Cours d’approfondissement 2 : La Convention sur les aspects civils de l’enlèvement international d’enfant Karine PARROT, Professeur, Université Cergy-Pontoise et les conventions internationales en matière de protection des droits de l’homme

Cours d’approfondissement 3 : Daniel SENOVILLA HERNANDEZ, Docteur en droit; Juriste La protection des mineurs non au Laboratoire MIGRINTER, Université de Poitiers accompagnés

10 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 11 THEMES PARTICIPANTS THEMES PARTICIPANTS

Isabelle WATTIER, Ph.D Candidate at the Interdisciplinary French : Patrick WACHSMANN, Professeur, Université de In-depth Course 4 : Protection of Research Centre on Deviance and Penalty, Catholic Strasbourg children against sexual exploitation University of Louvain English : Ineta ZIEMELE, Judge at the Constitutional Court of Latvia; Former Judge and President of the Section of the Cours d’approfondissement 5 : European Court of Human Rights – Chaire Marangopoulos Gérard GONZALEZ, Professeur, Institut de Droit Européen The European human rights Religions, pratiques religieuses et Spanish : Susana SANZ CABALLERO, Profesora, des Droits de l’Homme, Université de Montpellier 1 protection system protection de l’enfant Universidad Cardenal Herrera-CEU Arabic : Mohammed Amin AL-MIDANI, Président du Eva LIEVENS, Guest Professor at Ghent University; In-depth Course 6 : Protection of Centre Arabe pour l’Éducation au droit international Programme Coordinator at the Interdisciplinary Centre for children and new technologies humanitaire et aux droits humains (France); Professeur Law and Information Technology of KU Leuven University invité à l’Université de Strasbourg Vitit MUNTARBHORN, Professor, Chulalongkorn French : Monica PINTO, Professeur, Université de Buenos University; Former United Nations Special Rapporteur Aires In-depth Course 7 : Fight against on the Sale of Children, Child Prostitution and Child English : Antonio Augusto CANÇADO TRINDADE; Judge forced child labour Pornography; Rapporteur of the International Labour The Inter-american human rights at the International Court of Justice, Professor at the Organisation Committee of Experts on the Application of protection system University of Brasilia; Former President of the Inter- Conventions and Recommandations American Court of Human Rights Introductory Courses Spanish : Manuel E. VENTURA ROBLES, Juez, Corte Interamericana de Derechos Humanos French : Christian TOMUSCHAT, Professeur émérite, Université Humboldt de Berlin; Président de la Cour French : Mutoy MUBIALA, Administrateur de la Section II de conciliation et d’arbitrage de l’Organisation pour la Afrique, Haut-Commissariat des Nations Unies aux droits Sécurité et la Coopération en Europe à Genève de l’homme English : Obiora Chinedu OKAFOR, Professor, Osgoode English : Rick LAWSON, Professor and Dean, Leiden Law The African human rights protection School Hall Law School, York University International Human Rights law system Spanish : Elizabeth Silvia SALMON GARATE, Profesora Spanish : Felipe GOMEZ ISA, Profesor, Instituto de y Directora del Instituto de Democracia y Derechos Derechos Humanos Pedro Arrupe, Universidad de Deusto Humanos de la Pontificia Universidad Católica del Perú Arabic : Ayman Abdelaziz SALAMA, Professor, Nasser Arabic : Ali SEDJARI, Professeur, Titulaire de la Chaire Higher Academy, Egypt UNESCO des droits de l’homme, Université Mohammed Special Courses V, Agdal-Rabat French : Tarek MAJZOUB, Professeur, Université La Fundamental Courses Sagesse de Beyrouth, Magistrat au Conseil d’État libanais The Arab Charter on Human Rights French : Emmanuel DECAUX, Professeur, Université English : Ahmed ABOU-EL-WAFA, Professor, Cairo Panthéon-Assas (Paris II) University English : Français CREPEAU, Professor, McGill University; The human rights protection system French : Nicolas AGOSTINI, Délégué de la Fédération United Nations Special Rapporteur on the Human Rights of the United Nations and of its Internationale des Ligues des Droits de l’Homme auprès of Migrants specialised agencies de l’Organisation des Nations Unies à Genève Spanish : José THOMPSON, Director Ejecutivo, Instituto Human Rights Protection in Asia English : Debbie STOTHARD, Secretary General, Interamericano de Derechos Humanos International Federation for Human Rights, Coordinator of Arabic : Kamel FILALI, Professeur, Université Constantine 1 the Alternative Asean Network on Burma

12 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 13 PARTNERS THEMES PARTICIPANTS

Special Conferences The organisation of this session would not Faculty of Law, Political Sciences and have been possible without the support of our Management of Strasbourg, Friedrich Naumann International children’s rights and Ton LIEFFARD, Professor of children’s rights, Leiden Law partners and donators: Foundation, Marangopoulos and King Baudouin, juvenile justice School the Prime Minister (France), the Senate Geneva Centre for the Promotion of Human (France), the International Organisation of Rights and the Global Dialogue Les défis contemporains du Comité Fabián Omar SALVIOLI, Président du Comité des droits La Francophonie, the Council of Europe, des droits de l’homme des Nations de l’homme des Nations Unies, Professeur à l’Université Permanent Representatives of Denmark and Unies nationale de La Plata Luxembourg with the Council of Europe, the Alain BERTHOZ, Professeur émérite au Collège de France; City of Strasbourg, Region Alsace, Bar of La protection de l’acquisition à la Membre de l’Académie des Sciences, de l’Académie Strasbourg, University of Strasbourg, pluralité d’opinion et à la tolérance Américaine des Arts et des Sciences et de l’Académie chez l’enfant Royale de Médecine de Belgique et de Bulgarie

Evangelia VASALOU, Assistant researcher at the PARTICIPANT’S TESTIMONY What particularly struck me was the warm, Director of Studies International Institute of Human Rights, PhD student at dry climate that welcomed me. Coming from the University of Panthéon-Assas (Paris II) Strasbourg in my Mind - (The IIDH a country with a tropical climate, I was not Experience) prepared for that. It was a particularly hot Maria Josefina G. San Juan – summer that I can only attribute to the effects Torres of global warming, but that is not the subject that interests us here. OUTCOME THE DIPLOMA OF THE IIHR Because of my status as a judge at the Court, I In reality, I was delighted to be back in This session welcomed 258 participants was –unintentionally at first- driven towards a Strasbourg as a student. The theme of the 46th coming from 60 different countries, a strong The Diploma of the IIHR is open to the growing interest in the defense of human rights. annual session indeed dealt with a subject that increase in number over the session in 2014. The participants of the summer training session I found myself facing a number of difficult cases I hold dear to my heart: the rights of children. participants could follow the thematic courses, who already have a strong knowledge of involving children. I then realized that it was The first days were spent on the normal notably including those on the protection of international and comparative human rights time for me to orient myself towards this branch procedure of registration and reconnecting children in armed conflicts, the protection of law (post-graduate level, L.L.M. or Masters). of law that interested me personally, and which with the Institute staff that had helped me children in international criminal law or the This diploma is distinct from the session’s corresponded to my personal beliefs. Thus I and with whom I have worked during sessions protection of child victims of international certificate as the exam consists of three tests have returned to Strasbourg as a student, once in the 1990’s. I was also able to come across human rights violations. This session also put (written, practical and oral) and requires a very again. some of my old professors who realise their into place various in-depth courses and special high level of knowledge. The laureates from the commitments and advocacy on the behalf conferences on the developed theme. 2015 session are Serges Paul NTAMACK EPOH Strasbourg had already been an important of human rights by continuing to teach at (Cameroon) and Nadia NAHMAN (Guinea). The step in my legal career. Indeed, seventeen the annual summer session of the Institute. list of honorees of the Diploma of the IIHR and years ago I had been given the opportunity to These moments were for me both particularly all other relevant information are available on participate in summer training on the children’s challenging and rewarding. our website. rights organised by the institute, founded by the renowned and respected human rights I was especially impressed by the session’s defender, René Cassin. This arrival in Strasbourg opening ceremony held at the Council of has been a moment of nostalgia for me, a mix of Europe. Brilliant representatives of the Council certain apprehensions to know to what extent of Europe and of the International Institute of the city of Strasbourg could have changed but Human Rights, which brought a touch of dignity also how I, myself, could have, changed. I had and honor for the participants, led this formal participated as a student to the session in 1994, ceremony and the program here. Another where I obtained the Diploma of IIHR, then as a welcoming ceremony was organised by the speaker in 1998. City of Strasbourg at City Hall in the presence of the Deputy Mayor.

14 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 15 Visits were also organised to high historical traditional way of teaching is a dissemination and institutional venues, such as the Council tool of information due to the large number of Europe, the European Parliament, and even of participants, it would have been more the former Struthof concentration camp. These interesting in to implement certain moments expeditions most certainly contribute to the for group work and discussions. This might international reach of the Institute and allow have overcome the monotony of days with it to create a tangible work atmosphere. They intensive courses that mentally and physically have an impact on the participants who were exhausted the participants and the speakers. present to learn but who intended to be more This has been accentuated by the exhausting than mere spectators of this summer session. heat and lack of air conditioning. The course program should, perhaps, spread out in order The session then started with a series of to facilitate meeting with the speakers outside lectures on the various problems related to of the classroom. As a participant from afar, children’s rights. Here, I will allow myself to these discussion opportunities and reflection highlight what seem to be the essential points with experts were indisputably pertinent and of the annual training session: useful.

A MULTIDISCIPLINARY APPROACH: The establishment of working groups on While the main topic was child rights, the different topics selected during the in-depth another after the sessions. This enabled them summer session program dealt with a wide courses would have been more valuable and It should also be noted that these classes to meet the speakers intervening in different range of sub-themes related to children’s rights beneficial instead of the lectures covering a were taught by experts, who not only had a domains and who came from other parts of the from different perspectives and approaches- number of important issues. These discussions specialised knowledge, but also real practical world. law enforcement, issues related to the public could have been added to the provided experience in many countries. We learned so minister, the field of judiciaries and NGO’s. The educational courses. much from them. I also studied among students subject was not only covered in a legal manner, from around the world all of whom had a rich In conclusion, the Institute’s annual session it also allowed the acquisition of a philosophic and diverse knowledge. Most of them had an was not only a training session on children’s and sociological vision coupled with practical important experience on the topic of human rights or human rights, though that mission was experiences of speakers and participants. rights, which has led to rich and interesting accomplished. I wanted to find myself in a work discussions on the general and social problems environment that was genuinely international, THE DIVERSITY OF PARTICIPANTS: regarding children. diverse, dynamic, and challenging by meeting The composition of participants and speakers people with different perspectives and working in various disciplines and coming LOGISTICS AND ASSISTANCE: experiences. The participants were passionate from various countries was a tremendous The administrative staff of the Institute has about learning and their enthusiasm was springboard for the promoting interactions, been very friendly, helpful and encouraging. contagious. reflections and discussions. The cultural and We have admired their patience, perseverance, social differences allowed giving a global and their professionalism in managing a large perspective on the current trends in children’s group of participants coming from different I will finish this testimony with a positive and rights each session. This heterogeneous mix of countries and working in various fields. The hopeful note. I hope that the Institute will participants contributed to the creation of high- language barrier was hardly a concern since continue organising these annual training quality exchanges. everything had already been thought of. sessions and feed this inspirational forum and However, the classrooms were not conductive bring about positive change. This legacy of METHODOLOGY: to concentration and learning considering the René Cassin, followed by IIHR, was a real life The lectures were given by experts and lack of air-conditioning and a major heat wave experience for me. professionals who have not only comprehensive in Europe, but I don’t think anyone can blame theoretical knowledge of the topic, but also a the Institute for that. solid experience in the field. The accommodation at the University is also a The courses were given in the same manner unique element of this summer session. This as the lectures with little opportunity for organisation encourages group interaction, interactions. While this conventional and which is a part of the experience in Strasbourg. The participants were lead to discuss with one

16 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 17 2. CONTINUING TRAINING SESSIONS THEMES PARTICIPANTS March 30th The International Human Rights Institute organised, in conjunction with different bars, schools of administration and faculties, training sessions in international law and European human rights Jean-Paul COSTA, President of the International Institute to practitioners. These sessions can be validated under the obligatory continued education of of Human Rights – Fondation René Cassin, Former professionals, which are open to advanced students as well. President of the European Court of Human Rights Welcoming Statements Dimitry ZAYTSEV, Professor, Higher School of Economics of Moscow (HSE) SPRING SCHOOL Marco BALBONI, Professor, School of Political Science – University of Bologna FAMILY LAW IN THE EUROPEAN LEGAL FRAMEWORK Françoise TULKENS, Former Judge of the European Opening Conference From the 30th of March to the 2nd of April, 2015, the IIHR, the Faculty of Political Science of Court of Human Rights Bologna and the Moscow School of Advanced Economic Studies, organised a Spring School in Fundamental course : The European Strasbourg. This was designed for legal practitioners and advanced students and was entitled Pietro PUSTORINO, Professor at the University of Siena Human Rights Protection System “Family law in the European Legal Framework”. Cours thématique : L’égalité des This school allowed participants to address a number of relevant themes in family law, such as époux dans les effets du mariage Céline HUSSON-ROCHCONGAR, Maître de conférences, gay marriage or surrogacy, and to understand their treatment in European human rights law. en droit européen des droits de Université d’Amiens Furthermore, the education allowed participants to deepen their knowledge on the functioning of l’homme European Court of Human Rights and notably on the request processing system. March 31st This spring school welcomed 15 participants, who mainly are lawyers. This event is the first step of the implementation of many annual spring schools by the three partners. The next spring school Fundamental Course: The European will be organised by the Moscow School of Advanced Economic Studies. Human Rights protection system – Michel DE SALVIA, President of the “Association of friends The proceedings before the ECHR of the IIHR”, Former lawyer and clerk of the European and the Committee of Ministers of Court of Human Rights the COE

Cours fondamental : Le Système européen de protection des droits Peggy DUCOULOMBIER, Professeur de droit, Université de l’homme – L’application de la de Strasbourg Convention européenne des droits de l’homme en droit interne

Cours thématique : L’union et le mariage homosexuel et le droit Marco BALBONI, Professor, School of Political Science – de la Convention européenne des University of Bologna droits de l’homme

Thematic course : Family Policy and Dimitry ZAYTSEV, Professor, High School of Economics of LGBT rights in Russian Federation : Moscow (HSE) new national legislation in the context of European Convention

18 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 19 THEMES PARTICIPANTS 3. SEMINARS 1er avril For several years, the Institute has been organising specialised seminars for Italian law practitioners. Cours fondamental : Le Système européen de protection des droits SEMINAR FOR ITALIAN JURISTS Michel DE SALVIA, Vice-Président de l’IIDH, ancien greffier de l’homme – La Convention et ancien jurisconsulte de la Cour européenne des droits européenne des droits de l’homme : THE COMMON EUROPEAN DISCIPLINE AND ETHICS OF LAW: THE LESSONS FROM THE CASE LAW de l’homme élément de l’ordre constitutionnel OF THE EUROPEAN COURT OF HUMAN RIGHTS de l’Europe The 4th and 5th of December 2015, the International Institute of Human Rights organised a seminar Cours thématique : La question de Sylvie SAROLEA, Professeure à l’Université catholique de for Italian jurists and lawyers under the direction of Michel DE SALVIA, Vice-President of IIHR. This la gestation pour autrui en droit Louvain, Avocate au Barreau de Nivelles (Belgique) seminar focused on “The Common European Discipline and Ethics of Law: The Lessons from européen des droits de l’homme Case Law of the European Court of Human Rights”. Cours thématique : L’interprétation de la Convention de La Haye sur Fabien MARCHADIER, Professeur de droit privé, Université les aspects civils de l’enlèvement de Poitiers COURSES SPEAKERS international d’enfants Michel DE SALVIA, President of the “Association of friends April 2nd of the IIHR”; President of the Association Jura Hominis European Convention on Human Italian section of the International Commission of Jurists; Fundamental course : The European Rights and external operations Former clerk and former lawyer of the European Court of Human Rights Protection System – Adrew DRZEMCZEWSKI, Head of the Legal Affairs and Human Rights The role of the Parliamentary Human Rights Department of the Parliamentary Assembly Assembly of the Council of Europe The role of the Council of Europe in of the Council of Europe Michel DE SALVIA, Vice-President IIHR in the system of the European the European political architecture Convention of Human Rights Visit to the Council of Europe Final Evaluation Meetings and debates during Closing Conference: La question Guido RAIMONDI, Italian Judge and President of the Geoffrey WILLEMS, Assistant à l’Université Catholique de the visit of the European Court of du regroupement familial en droit European Court of Human Rights Louvain Human Rights européen des droits de l’homme Confiscation in the absence of Michel DE SALVIA, President of the “Association of friends condemnation, the Varvara Case Paolo CANCEMI, Clerk, Chief of Legal Division at the Closing Statement of the IIHR”, Former clerk and former lawyer of the before the European Court of Registry of the European Court of Human Rights European Court of Human Rights Human Rights and the Italian Constitutional Court

The ethics of law and the subsidiarity principle in relation to Michel DE SALVIA, Vice-President IIHR the recent case law of the European Court of Human Rights

Discussions on the Case Paradiso Michel DE SALVIA, Vice-President IIHR and Campanelli v. Italy

Marco ESPOSITO, Lawyer at the Court of Cassation; Director Human Rights and Italian criminal of Research in Criminal Law and Criminal Procedure at law: the recent decisions of the the University of Napoli Federico II; International Human Strasbourg Court against Italy; the Rights Protection Specialist; President of the Institute cases of Cestaro v. Italy, Contrada v. Forense for the Defense of Human Rights of the Bar of Italy, and Paolello v. Italy Naples

20 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 21 4. EDUCATIONAL ACTIVITIES SEMINARS IN 2014-2015 COURSES SPEAKERS Nordine DRICI, Director The activities of ACAT in the October 29th, 2014 of Programs and Actions fight against torture Pole ACAT France HUMAN RIGHTS LAW CLINIC Régis DE GOUTTES, The return of the Human Rights Law Clinic of Strasbourg, created in 2013 by IIHR and the Faculty Honorary Lead General of Law at the University of Strasbourg, took place on October 16th, 2015, for the two promotions Attorney of the Belgium (2013-2015 and 2014-2016) composed of a total of 16 students. The Human Rights Law Clinic takes “Cour de Cassation”, place over two years and combines theoretical training in international law of human rights and UN Committee on the Former President of implementation by the processing litigation before the European Court of Human Rights and the November 18th, 2014 Elimination of Racial UN Committee for the cooperation with diverse actors in the domain of human rights. Discrimination Elimination of Racial Discrimination, Member The clinicians are encouraged to work with partners who apply the Clinic on different themes of the Advisory National or legal problems, but also with groups on topics proposed by the students or the professors Commission on Human supervising the diploma. Moreover, they follow courses at the Faculty of Law, Administration, and Rights Political Science of Strasbourg, and seminars taught by experts in international human rights that Procedure before the Ledi BIANKU, Albanian take place at the Institute. February 2nd, 2015 ECHR—The perspective of Judge at the European judge Court of Human Rights One of the important activities of the year 2014-2015 for the clinicians was drafting a third-party intervention in the name of the Clinic, and after having obtained the authorisation of the European Patrice SPINOSI, Lawyer Court of Human Rights, in the case Lambert v. France (n° 46043/14). at the State Council and the Court of Cassation, Procedure before the Professor at the Law March 31st, 2015 ECHR—The perspective of School of Science Po lawyer Paris, Administrator of the Observatoire International des prisons and Expert Lawyers Club

Pascal DOURNEAU- Procedure before the JOSETTE, Chief of the May 11th, 2015 ECHR – The perspective of French Division of the Registry Registry of the European Court of Human Rights

The third-party Samuel BOUTRUCHE, interventions of the UNHCR May 12th, 2015 Associate Officer, UNCHR before the European Court Strasbourg of Human Rights

22 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 23 SEMINARS IN 2014-2015 COURSES SPEAKERS RENÉ CASSIN PLEADING COMPETITION

Sébastien TOUZÉ, Director From the 8th to the 10th of April 2015, the 30th edition of the René Cassin European Human Rights of the International Competition took place in Strasbourg. Institute of Human Rights – Fondation René Cassin, The theme of the subject dealt with human rights and the family under the particular angle of Professor at the University children’s rights. On April 10, the finale was held in a large courtroom of the European Court of of Panthéon-Assas (Paris Human Rights and ended with the victory of The University of Basel against the University of II), Member of the United Montpellier. Nations Committee October 16th, 2015 Opening session Against Torture Nikki ALOUPI, Director of the Clinic, Professor at the University of Strasbourg, Associate judge appointed by the UNHCR to the National Court of Asylum Law

Delphine LENEUTRE, Legal associated to the Protection of refugees in November 18th, 2015 UNHCR representation to Europe the European Institutions in Europe

Niki ALOUPI, Professor at the University of Strasbourg, Associate The National Court of judge at the CNDA; December 2nd, 2015 Asylum Law Helène Raspail, Professor at the University of Maine, Associate Judge at the CNDA

Antoine BERNARD, General Director of the The advocacy work of December 14th, 2015 International Federation NGO’s of the league of Human Rights

Frédéric EDEL, Researcher at the Center of Expertise and Administrative The principle of non- Research (CERA) of the discrimination and ENA; Deputy Editor of December 15th, 2015 international human rights the French Review of law Public Administration (RFAP), Lecturer in Public Law at the University of Strasbourg

24 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 25 TRAINING SESSIONS ABROAD

These training sessions intend to promote education, principally in international human rights law, MALI in diverse regions of the world and to help reinforce the ability of actors to intervene effectively in this domain. These sessions respond to a strong demand for training in this field and the human rights professions demonstrate a manifested interest in these teachings. They are organised INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL HUMAN RIGHTS LAW primarily in regions where the lack of training undermines the establishment of an effective system for the protection and promotion of human rights OBJECTIVE

The International Institute of Human Rights, the Faced with this situation, the IIHR, the Friedrich Friedrich Naumann Foundation for Freedom, Naumann foundation for Freedom and the Human Rights Division of the Integrated MINUSMA, wanted to continue their activities in Multidimensional Mission in Mali (DDH- Mali that began in 2013 by organising a second MINUSMA) organised a second training session training session. This training aims to strengthen in Bamako Mali. This session focused on criminal the common understanding of the challenges law and international human rights law and took affecting the international protection of human place February 23rd to 28th, 2015. rights and actions that strengthen protective mechanisms in their favor. This session Since 2012, Mali suffered a serious security crisis contributes to the reinforcement of the rule of due to the events taking place in Northern-Mali. law in Africa by giving participants the keys to a The commitment of MINUSMA in July 2013 in better management of the post-conflict situation Mali permitted the establishment of a transition through an effective application of freedoms period and the organisation of a presidential and human rights and training procedures along election. with principles of international criminal law.

PROGRAMME

THEMES SPEAKER

Guillaume NGEFA, Representative of the High Commissioner for Human Rights in Mali and Director of the Human Rights Division of the MINUSMA; SEM Günter OVERFELD, German Ambassador to Mali; Inge HERBERT, Regional Director West Africa, Friedrich Naumann Welcoming Adresses Foundation for Freedom (FNF); Muriel SOGNIGBÉ SANGBANA, Programme Officer - International Human Rights Institute (IIHR), Strasbourg; Arnaud AKODJÉNOU, Representative of the United Nations Secretary General; M. Mohamed DIARRA, Minister of Justice and Human Training Sessions Abroad - 2015 Rights Bamako, Mali Film Screening “For Peace, Human Beirut, Lebanon Dignity, and Freedom in Mali” Dakar, Senegal Port-au-Prince, Haïti Babacar KANTÉ, Professor of public law, Honorary Dean Inaugural lecture of the Law School and Political Sciences of the University Gaston Berger, Saint-Louis, Senegal

26 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 27 RESULTS THEMES SPEAKER

Brusil Miranda METOU, Lecturer at the University of The session welcomed more than 115 It allowed participants to receive high-level International Human Rights Law Yaoundé II participants coming from 13 countries (Mali, training and to open a constructive dialogue Ivory Coast, Niger, Cameroon, Burkina Faso, between the participants and speakers. Olivier BEER, Representative of the UN High Commissioner Senegal, Central African Republic, DR Congo, Thematic Course: Refugee Law of for Refugees, Mali Burundi, Mauritania, Togo, Chad, and Congo). The participants were mainly judges, lawyers International Criminal Law: the Pierre BODEAU-LIVINEC, Professor of Public Law at the and jurists but the session welcomed a large incriminations and the criminal law University of Paris VIII Vincennes- Saint-Denis representation of national and international rules officials; these three professional categories International Criminal Law: were the main targets of this training session. Philippe CURRAT,Lawyer at the Geneva Bar Prosecution before national courts

Thematic Course: Transnational Emmanuel GUEMATCHA, Postdoctoral Fellow, Osgoode PARTICIPANT’S TESTIMONY Today, I participate in several activities to justice Hall Law School, York University, Toronto promote human rights in my country through Ngane NDOUR training provided to my colleagues, Penitentiary International Criminal Law: the Magistrate, President of the Administration’s Staff, journalists, etc. Philippe CURRAT, Lawyer at the Geneva Bar organic approach of the ICC Louga District Court (SENEGAL), Secretary for International One of our proverbs says: “Never abandon what Philippe LAGRANGE, Professor, Dean of the Faculty of law International Humanitarian Law Justice of the Senegalese Human made you a man”. Applied to my relationship and social sciences and the University of Poitiers Rights League (LSDH), Secretary with the IIHR, I can say that it has made me Responsible for the Publication and Club who I am now in the culture of human rights. International Criminal Law: the Research and Studies in Human Rights Africa Therefore after this session, I have followed forms of responsibility and the Pierre BODEAU-LIVINEC, Professor of Public Law at the (CREHDO-AFRIQUE) those from Strasbourg 2012, Dakar and this representation of victims before the University of Paris VIII Vincennes- Saint-Denis February 2015 in Bamako, which I have also had ICC the privilege of being the laureate. International Criminal Law: To make a testimony on the sessions of the Emmanuel GUEMATCHA, Postdoctoral Fellow, Osgoode Cooperation with the ICC- immunity International Human Rights Institute is an I am sure that the same testimony could be Hall Law School, York University, Toronto in front of the ICC exciting but difficult exercise for me. made by thousands of people in every corner of It was exciting in the sense that it contributed, the world; the Institute welcomes participants Yvon Christian ELENGA, Doctor in Political Theology, to the best part, to the acquisition of my of all parts in Strasbourg, and also organises Closing Conference Rector of the Theological Institute of the Society of Jesus knowledge and skills in the field of human sessions abroad on all of the continents. This rights. In 2008, when I was leaving for Strasbourg is where the IIHR is the true ambassador of Mouhamadou Lamine CISSÉ, Representative of the for the first time to participate in the summer human rights worldwide. Friedrich Naumann Foundation for Freedom (FNF) in session of July, I had no knowledge on human Mali; Muriel SOGNIGBÉ SANGBANA, Programme Officer - rights. I went simply by intellectual curiosity, A testimony is difficult because I cannot find Closing Statements International Institute of Human Rights (IIHR); Guillaume being a lover of continuing education and adequate words to sufficiently express my NGEFA, Representative of the High Commissioner for research. But the quality of training I received feelings. This is why I ask for clemency from Human Rights in Mali and Director of the Human Rights there, the education and the discussions I had members of the Institute in their demand, Division of MINUSMA with other participants coming from all the but keep in mind that there are no words to world’s justice systems, convinced me that describe the work done by the Institute for the Mouhamadou Lamine CISSÉ, Representative of the the question of human rights should interest promotion of human rights in the world. It is just Friedrich Naumann Foundation for Freedom (FNF) in everyone, especially given the current global excellent. Coordination Mali; Muriel SOGNIGBÉ SANGBANA, Program Manager at context. Coming from an African country, a the International Institute of Human Rights (IIHR); Yandé continent where the situation of human rights KANE NDEYE, DDH-MINUSMA is still concerning, and being a judge who, by consequence, has a decisive role to play in the protection of human rights, I decided to make this question mine.

28 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 29 LEBANON PROGRAMME

INTERNATIONAL HUMAN RIGHTS LAW THEMES SPEAKERS

Aicha YAKAN, Vice-President of the University of Jinan; OBJECTIVE Sébastien TOUZÉ, Director of the IIHR; Professor, University Panthéon-Assas (Paris II); Cynthia RAAD, The International Institute of Human Rights, the The Arab world is currently experiencing Regional Directory of the Middle East Office of the AUF; Welcoming Statements Department of Human Rights of the University important transitions as well as major difficulties; Georges JREIGE, Chairman of the Bar Association of of Jinan of Tripoli organised a third training this training aims to improve the knowledge Beyrouth; Jérôme CAUCHARD, Officer of the Embassy of session “Mona Haddad human rights” in Beirut, of civil society in this area so that it can fully France in Lebanon; Ahmad JAMMAL, Director General of with the support of the University Agency of La participate in the process of strengthening Higher Education in Lebanon Francophonie. This session took place from the democracy without neglecting the factor 4th to the 8th of May 2015. The objective of this of “human rights”. The scientific program of Michel MOUSSA, Former Minister of Social Affairs and training is to raise awareness of civil society this third session proposed a dual approach, Inaugural Conference Labour, President of the Parliamentary Commission on actors and stakeholders in the field of human universal and regional, of the problem of Human Rights rights issues. protecting human rights. The Universal system of human Ludovic HENNEBEL, Chair of Excellence in international rights protection human rights law and global law; Aix-Marseille University

The European system of human Sébastien TOUZÉ, Professor at the University of Panthéon- rights protection Assas (Paris II), Director of IIHR

The Arab system of human rights Mohammed Amin AL-MIDANI, Guest Professor, University protection of Jinan, Member of IIHR

Round Table I: The regional Muriel SOGNIGBÉ SANGBANA, Programme Officer of IIHR; mechanisms of human rights Mohammed Amin AL-MIDANI, Guest Professor, University protection (Africa, Arabic, and of Jinan, Member of IIHR Islamic)

Isabelle MOULIER, Lecturer, Law School, University of International criminal law Auvergne

Nidal JURDI, Responsible for Human Rights, Regional Human rights and transnational Office of the United Nations High Commissioner for justice Human Rights, Beirut

Muriel SOGNIGBÉ SANGBANA, Program manager at IIHR; Round Table II: The role of NGO’s in Nadim HOURI, « Human Rights Watch » Representative human rights to Lebanon; Caroline MASBOUNGI, Representative of the Danish Refugee Council (DRC)

International Humanitarian Law and Cristina MENEGAZZI, Project Officer, UNESCO, Beirut the protection of cultural heritage

30 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 31 THEMES SPEAKERS SENEGAL

Saïd MAJZOUB, Head of the Human Rights Department, Round Table III: International INTERNATIONAL AND COMPARATIVE LAW OF HUMAN RIGHTS Jinan University; Ahmad ISHRAKIEH, Lecturer, Faculty of Humanitarian Law Law at the Lebanese University PRESENTATION AND OBJECTIVES International Humanitarian Law and Tanguy DE BLAUWE, Legal advisor to the ICRC the role of the ICRC Introduced in 2003, the training sessions in The objectives of this training session, which Dakar are jointly organised by the International took place from the 7th to the 18th of September Institute of Human Rights, the Regional Office 2015, are diverse and principally based on the in West Africa and the Friedrich Naumann desire to reinforce an understanding of the Foundation for Liberty. The idea to organise this various challenges raised by the human rights session is the result of the steady decline in the protection system but also the development number of African participants at the annual of a strong network between state authorities study session in Strasbourg, due to financial and human rights activists for the effective difficulties experienced by the participants implementation of these rights. It also aims but mostly due to administrative difficulties to promote human rights in the framework of in obtaining visas. Thus, it became necessary national, judicial, and administrative institutions. to create an annual event to gather the actors and defenders of human rights in Central and Western Africa.

OUTCOME

Universities and members of international This session was attended by 70 participants organisations moderated this Franco-Arab from several Arab countries: Syria, Iraq, program. The translation of all the courses, Yemen, Saudi Arabia, Tunisia, Palestine and done by the University of Jinan, was of high Lebanon, who are legal professionals (lawyers, quality, facilitating exchanges and debates. The magistrates, academics, international civil training was a success as demonstrated by the servants, members of staff of NGO). success rate of the certificate that has reached over 95%, reflecting a good understanding of the topics by participants.

32 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 33 PROGRAM THEMES SPEAKERS

THEMES SPEAKERS Antoine KABORÉ, Research and teaching assistant, Human rights and armed conflicts Academy of International Humanitarian Law and Human Inge HERBERT, West Africa Regional Director of the Rights in Geneva Friedrich Naumann Foundation for Freedom; Muriel Marina EUDES, Lecturer in Public Law, University of Paris SOGNIGBÉ SANGBANA, Programme Officer, IIHR, International Criminal Law Strasbourg; Andreas SCHROEDER, Business Officer, West Nanterre Defense Welcome Statements Embassy of the Federal Republic of Germany in Senegal; Werner HOEFFNER, Ph.D Candidate in Public Law, Law Andrea ORI, Representative of the Regional Office for the Refugee Law Institute of Peace and Development, University of Nice United Nations High Commissioner of Human Rights to Sophia Antipolis West Africa; El Mansour TALL, Secretary General of the Ministry of Justice Human rights in front of African Meissa DIAKHATE, Lecturer at UCAD Constitutional Courts Inaugural Conference: The place Guillaume NGEFA, Representative of Mali to the High of human rights in United Nations Commissioner of the United Nations for Human Rights; Special Conference: OHCHR/ Peacekeeping Missions Director of the Human Rights Division of MINUSMA BRAO role of OHCHR/BRAO in the promotion and protection of Abdoulaye SEYE, Responsible for Human Rights, OHCHR/ Mamadou Aliou DIALLO, Professor of Public Law, Introductive Course human rights and challenges in the BRAO University of Cheikh Anta Diop of Dakar (UCAD) effectiveness of human rights in the Frédérique COULÉE, Professor of Public Law, University sub region The UN and human rights of Evry-Val d’Essonne Moot-Court Seminar: Group A: The African human rights protection Mutoy MUBIALA, Director of the United Nations High Moot court before the ECHR on the Catherine-Amélie CHASSIN, Lecturer, University of Caen system Commissioner of Human Rights, Geneva theme of asylum Séminaire-Cas pratique : Groupe B : Colombine MADELAINE, Professor of Public Law, François Muriel SOGNIGBÉ SANGBANA, Chargée de programmes, European Human Rights Law Procès fictif devant la CADHP sur la Rabelais University of Tours Représentante de l’IIDH, Strasbourg thématique du droit des peuples Special Conference: Justice Mademba GUEYE, Judge, Technical Advisor responsible Moot-Court Seminar: Group B: Proximity for Justice of Proximity, Ministry of Justice Muriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR, Fictitious trial before the ACHPR on Strasbourg Thematic Course: International the theme of the right of the people Human Rights Law and the fight Brusil Miranda METOU, Lecturer, University of Yaoundé II against terrorism Outing to the Extraordinary African Chambers within the courts of Julie TAVERNIER, Ph.D Candidate, Research Center Senegal, Hissène Habré Trial The Inter-american human rights for Human Rights and Humanitarian Law, University protection system Panthéon-Assas (Paris II) Closing Conference: The execution of the decisions of international Sidiki KABA, Ministre de la Justice, Garde des sceaux Thematic Course: The international courts on human rights Catherine-Amélie CHASSIN, Lecturer, University of Caen protection of migrants Inge HERBERT, West Africa Regional Director of the Bakary SAMBE, Lecturer at the University Gaston Berger Friedrich Naumann Foundation for Freedom; Muriel Thematic Course: Religious Islamic Closing Ceremony of Saint Louis Universities l’Université Gaston Berger de SOGNIGBÉ SANGBANA, Programme Officer, IIHR; Sidiki Extremism in Africa and the world Saint Louis des Universités KABA, Keeper of the Seals, Minister for Justice

Antoine KABORÉ, Research and teaching assistant, Muriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR; International Humanitarian Law Academy of International Humanitarian Law and Human Coordination Daouda SECK, Program Director at FNF; Khady DIOP, Rights in Geneva Program Assistant FNF

34 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 35 RESULTS PARTICIPANT’S TESTIMONY

This session in Dakar welcomed 55 participants, The particularity of this session was the DAN Ninsemon Franck Hermann of which 40% were women, coming from implementation of some practical seminars and Student in Master 2 at the Center 13 countries in Africa and Europe from the a moot-court. Participants were interested by of Research and Action for Peace family court (judges, lawyers, etc.), Students, this exercise and it will be renewed next year. Member of the Ivorian NGO civil society actors, and national as well as Observatory for Human Rights international officials. The civil society actors were most represented. The participants were satisfied by the topics My name is Dan Ninseman Franck Hermann, I am The training was rich in knowledge, the addressed and by the debates that have in Master 2 of Human Rights and Humanitarian themes were well chosen based on criteria of emerged. Action at the CERAP (Centre of Research and relevance and current African and international Action for Peace) in the Ivory Coast at Abidjan events, have been of immeasurable benefit. and a member of the NGO IHRO (Ivorian Understanding of the courses given was Observatory for Human Rights). facilitated through high quality multidisciplinary speakers that combined talents (pedagogies, I am “UBUNTU” an African humanist experience, etc.) and human virtues (availability, philosophical concept that reflects the courtesy, etc.) and also due to the quality of humanism and solidarism open and available debates with very active participants. for each person and their fellows, so that when people are humiliated, tortured, or oppressed, I I was particularly impressed by the practical am too. “I am because we are”. cases that have been revealing exercises in this session, putting us in a situation of advocacy in Thus this nature of my humble person and my front of a Court. This experience was the most role as a human rights defender, it was apparent rewarding to me and left me with a precious to me that my participation at a training session legacy. I recommend this training session to at the International Institute of Human Rights every person who would like to strengthen, in a was essential. First, for the respect that I meaningful way, their knowledge in the domain have for the Institute of Strasbourg regarding of human rights. its remarkable work for the promotion of human rights. Secondly, for acquiring all of I address my last words to Muriel SOGNIGBÉ the necessary tools to strengthen me in my SANGBANA who, apart from her professionalism position as a human rights defender and also and expertise, knew how to organise a master to deepen my knowledge by increasing my hand of this whole organisation, along to the appreciation of this subject that fascinates me. Friedrich Naumann Foundation team. You I can say with certainty and confidence that have created a friendly spirit, familiarity and my desires and expectations were filled and symbiosis between participants who come from satiated after twelve days of intensive training various parts of the continent. It is with much in Dakar, Senegal. enthusiasm that I wish you swift success in the pursuit of your activities for the universality and respect of human rights.

36 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 37 HAITI PROGRAM

THE APPLICATION OF INTERNATIONAL HUMAN RIGHTS IN DOMESTIC LAW THEMES SPEAKERS

Kesner Michel THERMESI, General Director, School of OBJECTIVES Magistrates Rosny DESROCHES, Executive Director, The Civil Society The fourth training session in Haiti, organised This course is traditionally reserved for Haitians Initiative by the IIHR, the French Embassy Cooperation due to a strong demand for participation at the Sébastien TOUZÉ, Director of the International Institute of and Cultural Action Service (SCAC), the Judicial annual training sessions at the Institute and Opening Ceremony Human Rights – Fondation René Cassin School (EMA) and the Civil Society Initiative the inability to provide for all of the scholarship David BOUANCHAUD, Responsible for Governance (ISC). It took place on the 1st to the 11th of applications. Programs, Instrument of Stability, Human Rights, December 2015, at the Judicial School of Haiti in Delegation of the European Union Port-au-Prince. This training session focused on The originality of this training session was the Laurent BONNEAU, Counselor for cooperation and the “Application of International Human Rights integration of environmental issues affecting cultural action of the Embassy of France Law in Domestic Law” and was designed for human rights; which were especially relevant advanced students in judicial sciences, politics, because of the COP21 in France Sébastien TOUZÉ, Professor at the University of Panthéon- Fundamental Course: The European humanities and social sciences; academics and Assas (Paris II), Director of the International Institute of human rights protection system researchers; members of the judicial profession Human Rights – Fondation René Cassin and all other professions confronted with human rights; national and international civil servants; Thematic Course 1: The integration Sébastien TOUZÉ, Professor at the University of Panthéon- members of non-governmental organisations. of international standards of human Assas (Paris II), Director of the International Institute of rights in domestic law Human Rights – Fondation René Cassin

Fundamental Course: The human rights protection system of Olivier DELAS, Professor at the University of Laval the United Nations and of its specialised agencies

Special Conference: The right to a John SOHNLE, Professor of Public Law, University of healthy environment Lorraine

Eric TARDIF, Legal Officer, ICRC regional delegation in Introduction to humanitarian law Mexico

Special Conference: Climate change John SOHNLE, Professor of Public Law, University of and population displacement Lorraine

Thematic Course 2: The role of the legislature and the executive in Muriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR implementing IHRL

Fundamental Course: The Inter- American human rights protection Karine RINALDI, Human Rights Consultant system

Thematic Course 3: The justiciability Patrick PELISSIER, Magistrate, Officer of Human Rights of international human rights law (MINUSTAH) before the domestic courts

38 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 39 THEMES SPEAKERS

Thematic Course 4: The role of Mulry MONDÉLICE, Lawyer at Aquinas, Lecturer at the NGO’s in the implementation of University of Laval international standards

Thematic Course 5: The execution Nino KARAMAOUN, Senior Advisor, Governance and Tule of ECHR judgments by national of Law, Organisation of American States authorities

Refugee Law Soufiane ADJALI, Head of Mission, UNHCR Haiti

Closing Conference: What rights are Soufiane ADJALI, Head of Mission, UNHCR Haiti for stateless persons?

Kesner Michel THERMESI, General Director, School of Magistrates Pierre-Richard CASIMIR, Minister of Justice and Public Security Rosny DESROCHES, Executive Director, Civil Society Closing Ceremony Initiative Muriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR Vincent DEGERT, Ambassador of the European Union in Haiti Elisabeth BETON DELÈGUE, Ambassador of France in Haiti

RESULTS

The fourth training session in Port-au-Prince It is possible to see that the level of participants Haiti welcomed 83 participants, mostly lawyers is getting better from year to year. Therefore, and magistrates; academics and researchers; the level of requirements of the speakers is members of NGO’s; students. The participants increasingly important. The passing rate of the were satisfied with the conduct and content of final exam is 55%. This session will be renewed in the provided courses. 2016 with a new objective of diffusion to a wider audience by the use of different communication This session was an opportunity to allow networks. the development of a constructive dialogue between participants and speakers as well as highlighting specific issues in Haiti. This session permitted to address the different systems of human rights protection and more specific topics such as the right to a clean environment, the impact of climate change, and the population displacement and also the role of the legislator and executive in the application of international human rights.

40 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 41 RESEARCH SUPPORT

THE PRECEDENT IN INTERNATIONAL LAW THEMES SPEAKERS

The IIHR supported the annual symposium of the French Society for International Law held on WORKSHOP I: THE PRECEDENT IN FRONT OF REGIONAL AND INTERNATIONAL COURTS the 28th, 29th, and 30th of May 2015 at the Faculty of Law, Management and Political Science of Chaired by Aude BOUVERESSE, Strasbourg. It was preceded by the gathering at the Council of Europe on the 27th and 28th of May University of Strasbourg and Baptiste TRANCHANT, University of Toulouse 1 Capitole 2015 of sister societies which work in international law. The symposium was organised in memory of Gérard COHEN-JONATHAN and focused on the theme “The Precedent in International Law”. The precedent of international jurisprudence before the ICJ and Medhi BELKAHLA, Ph.D Candidate, University of ITLOS on maritime delimitation: Strasbourg THEMES SPEAKERS between coherence and development of the law Alain BERETZ, President of the University of Strasbourg Jean-Paul COSTA, President of the International Institute Precedent and judicial notice by Alexis MARIE, Lecturer, University of Reims Champagne- of Human Rights – Fondation René Cassin, Former international criminal courts Ardenne Opening President of the European Court of Human Rights The inclusion of domestic Alain PELLET, President of the French Society for precedent by the European Court of Hélène RASPAIL, Lecturer, University of Maine International Law Human Rights

Niki ALOUPI, University of Strasbourg Terrorism: Illustration of judicial Introductory Remarks Anne-Laure VAURS-CHAUMETTE, Lecturer, University of Caroline KLEINER, University of Strasbourg dialogue for three voices- A back- Paris West Nanterre La Défense I. THE CREATION OF THE PRECEDENT OF INTERNATIONAL LAW and-forth discordant Chaired by Pierre MAYER, WORKSHOP II: THE PRECEDENT IN FRONT OF THE ARBITRATION COURTS Professor Emeritus, University of Paris I Panthéon-Sorbonne Chaired by Mathias AUDIT, The behavior of states and University of Paris Ouest Nanterre La Défense international organisations as Gérard CAHIN, University of Paris II Panthéon-Assas and Makane Moïse MBENGUE, University of Geneva precedent The invitation of an ICSID Arbitral Julien CAZALA, Lecturer, University of Orleans, University Mathias FORTEAU, University of Paris West Nanterre La Tribunal to rule on precedent of Galatasaray Judicial decisions as precedent Défense The dissenting opinions of ICSID Diego P. FERNÁNDEZ ARROYO, Law School of Sciences arbitrators and the production Natalia CHAEVA, Doctor, University of Paris II Panthéon- Arbitration decisions as precedent Po, Paris standards of international Assas investment law The separate opinion of judges and Catherine KESSEDJIAN, University of Paris II Panthéon- mediators as precedent Assas The precedent of international investment law- a necessary tool for Yannick RADI, Associate Professor, University of Leiden II. THE AUTHORITY OF PRECEDENT IN INTERNATIONAL LAW the consistency of arbitral practice Chaired by Joe VERHOEVEN, Professor Emeritus, University of Panthéon-Assas (Paris II) How to not follow precedents in David RICHÉ, Ph.D Candidate, University of Paris II international arbitration? Panthéon-Assas The value of precedent Andrea HAMANN, University of Strasbourg

The hierarchy of precedent Hélène RUIZ-FABRI, Max Planck Institute, Luxembourg

III. THE PRECEDENT AND THE RELATIONSHIP WITH THE SYSTEM Chaired by Christian MESTRE, Dean of Faculty of Law Strasbourg, University of Strasbourg

The method of recognition and the Patrick KINSCH, University of Luxembourg precedent

The precedent and the dialogue of Linos-Alexandros SICILIANOS, Judge at the European judges Court of Human Rights

42 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 43 THEMES SPEAKERS CONFERENCE

WORKSHOP III. THE INTERNATIONAL PRECEDENT IN FRONT OF NATIONAL COURTS FEDERAL COURT OF MENDOYA Chaired by Catherine HAGUENAU MOIZARD, University of Strasbourg INTERNATIONAL HUMAN RIGHTS LAW and Delphine PORCHERON, University of Strasbourg

The use of international The Secretary General of the IIHR, Sébastien Touzé, held a conference on international human Emmanuel CASTELLARIN, Doctor, University of Paris I jurisprudential precedent within the rights law at the Federal Court of Mendoya at the invitation of Judges and Officials of National Panthéon-Sorbonne framework of constitutional review and Federal Justice of Sectionnelle Cuyo. This meeting was also an opportunity to conclude a partnership agreement with the association of Judges and Officials of National and Federal Justice The international precedent before of Sectionnelle Cuyo. This agreement aims to develop cooperation in the field of training and Romélien COLAVITTI, Lecturer, University of Valenciennes the constitutional courts- Types of research between these two organisations. and of Hainaut-Cambrésis integration methods

The fate of judgments of the Peggy DUCOULOMBIER, Professor, University of European Court of Human Rights Strasbourg before the British judge

The foreign precedent for Saïda EL-BOUDOUHI, Lecturer, University of Paris II international law Panthéon-Assas

The international jurisprudential precedent in the conclusions of Raphaël MAUREL, Ph.D Candidate, University of Auvergne public reporters

IV.NEWS CONFERENCE. Chaired by Alain PELLET, President of the French Society for International Law

Ronny ABRAHAM, President of the International Court of Justice Jean-Pierre COT, Judge at the International Tribunal for the Law of the Sea Mathias FORTEAU, Member of the International Law Commission François ALABRUNE, Director of Legal Affairs, Ministry of Foreign and European Affairs

V. ROUND TABLE: PERSONAL EXPERIENCES OF THE AUTHORS AND USERS OF PRECEDENT Chaired by Gilbert GUILLAUME, Former President of the International Court of Justice

Round Table 1: Discussion of the Ronny ABRAHAM, President of the International Court of formation or not of a precedent in Justice the International Court of Justice Marcelo KOHEN, Institute of International and around the case of Yerodia and Development Studies, Geneva Djibouti/France

Round Table 2: Discussion on the James CASTELLO, King & Spalding, Paris formation or not of an arbitrary Eduardo SILVA ROMERO, Dechert, Paris precedent around the Salini case

Conclusions Professor Emeritus, University of Strasbourg

44 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 45 SYMPOSIUM THEMES SPEAKERS

THE EUROPEAN HUMAN RIGHTS COURT: The question of acceptability of A NECESSARY CONFIDENCE FOR A RENEWED AUTHORITY judgments of the European Court of David SZYMCZAK, Professor at IEP of Bordeaux Human Rights by State parties

The Research centre on Human Rights and Humanitarian Law (CRDH) of the University of Paris II The readability and internal Hugues FULCHIRON, Professor at the University of Lyon Panthéon- Assas organised, with the support of the IIHR, a symposium on “The European Human understanding of the European III – Jean Moulin Rights Court: A Necessary Confidence for a Renewed Authority” that took place on the 19th and Court of Human Rights 20th of November 2015. The Methods of the Court and its Composition Chaired by Olivier DE FROUVILLE, Professor at the University of Panthéon-Assas (Paris II) THEMES SPEAKERS The question of the composition Michel DE SALVIA, President of the “Association of Friends I. CLARIFICATION ON THE REASONS FOR SKEPTICISM and formation of judgments of the International Institute of Human Rights” The transparency of the internal Opening Address Patrice SPINOSI, Lawyer at the Council of State and Court practice of the European Court of of Cassation Sébastien TOUZÉ, Professor at the University of Panthéon- Human Rights Introductory Remarks Assas (Paris II) III. MEANS OF CONFIDENCE-BUILDING AND CHALLENGES FOR THE ACTORS A GENERAL SKEPTICISM? Chaired by Christian TOMUSCHAT, The Institutional and Substantial Changes Professor Emeritus, Humboldt University Berlin, President of the Court of Conciliation Chaired by François ALABRUNE, Director of Legal Affairs at the Ministry of Foreign Affairs and Arbitration of the OSCE and International Development Vincent BERGER, ormer Law Expert of the European Court Are we witnessing a challenge to The institutional changes to of Human Rights, Lawyer practicing in Paris, Professor at the legitimacy of the international Rick LAWSON, Professor, Leiden Law School strengthen the Office of the Court judge? the College of Europe

The arguments of national and Andrew CLAPHAM, Professor, Graduate Institute of The means of increasing the Fréderic SUDRE, Professor at the University international political defiance International and Development Studies motivation of the Court of Montpellier I

REFLECTIONS ON A FORM OF PERPLEXITY REGARDING THE CASE LAW Strengthening the methods of interpretation of the Convention and the Execution of Judgments OF THE EUROPEAN COURT OF HUMAN RIGHTS Chaired by Frederik SUNDBERG, Deputy Head of the Execution of Judgments of the European Chaired by William SCHABAS, Court of Human Rights Professor at the University of Middlesex and at the University of Leiden The active support and monitoring Ledi BIANKU, Judge at the European Court of Human of the Court for the ratification of The arguments based on the Rights substantial development of Samantha BESSON, Professor at the University of Fribourg Protocol 16 European Control The necessary changes for Laurent PETTITI, Lawyer at the Paris Bar The limits of European Control: A processing requests source of uncertainty about the Edouard DUBOUT, Professor at the University of Paris Strengthening and clarification evolution of the nature and purpose East Créteil Paulo PINTO DE ALBUQUERQUE, Judge at the European of the means of execution of of litigation Court of Human Rights judgements II. REFLECTIONS ON THE REASONS FOR MISUNDERSTANDINGS Emmanuel DECAUX, Professor at the University of Conclusions The Nature of Dispute and Understanding by States Panthéon-Assas (Paris II) Chaired by Laurence BURGORGUE-LARSEN, Professor at the Law School of Sorbonne

46 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 47 RESEARCH ACTIVITIES

IIHR ANNUAL CONFERENCE THEMES SPEAKERS

THE PROTECTION OF HUMAN RIGHTS BY SUPRANATIONAL COURTS Chaired by Marc BLANQUET Professor at the University of Toulouse 1 – Capitole, Director of the IRDEIC– Centre d’Excellence Jean-Monnet Each year, the IIHR organises an annual conference in order to discuss and further explore a theme related to human rights. The 8th and 9th of October 2015, the Institute organised its fourth annual The development of methods of Laurent SERMET, Professor at Sciences-Po, Aix-en- conference focusing on “The Protection of Human Rights by Supranational Courses” in Toulouse. interpretation and control Provence It was organised in partnership with the University of Toulouse 1 Capitole, l’IRDEIC, the Maurice Baptiste TRANCHANT, Professor at the University of Hauriou Institute, and with the support of the Jean Monnet Centre for Excellence, the Federative The definition of new skills Toulouse 1 – Capitole Research Institute and the Faculty of Law and Political Science of Toulouse. Mustapha AFROUKH, Lecturer at the University of The objectification of judicial review Montpellier 1

THEMES SPEAKERS II. LITIGATION CHALLENGES Chaired by Emmanuel DECAUX, Professor at the University of Panthéon-Assas (Paris II) Bruno SIRE, President of the University of Toulouse 1 – Capitole; Hugues KENFACK, Dean of the Faculty of The rise of social issues before the Pierre EGEA, Professor at the University of Toulouse 1 – Law of Toulouse; Jean-Paul COSTA, President of the supranational courts Capitole International Institute of Human Rights – Fondation René Welcome Speeches Cassin; Former President of the European Court of Human Political questions before the Peggy DUCOULOMBIER, Professor at the University of Rights; Sébastien TOUZÉ, Professor at the University of supranational courts Strasbourg Panthéon-Assas (Paris II); Director of the International Institute of Human Rights – Fondation René Cassin Hélène GAUDIN, Professor at the University of Toulouse The Inter-State cases 1 – Capitole, Honorary Dean at the Faculty of Law of Marc BLANQUET, Professor at the University of Toulouse Political Science and Management, Rochelle 1 – Capitole; Director of IRDEIC; Xavier BIOY, Professor at Presentation of the Symposium the University of Toulouse 1 – Capitole; Director of IMH; Chaired by Xavier BIOY, Professor at the University of Toulouse 1 – Capitole, Director of IMH Isabelle POIROT-MAZÈRES, Professor at the University of Sébastien TOUZÉ, Professor at the University of Panthéon- Toulouse 1 – Capitole; Director of IMH The questioning of authority over Assas (Paris II), Director of the International Institute of the supranational courts Joël ANDRIANTSIMBAZOVINA, Professor at the University Human Rights – Fondation René Cassin Introductory Remarks of Toulouse 1 – Capitole; Honorary Dean of the Faculty of WHAT COMMON FUTURE IS THERE FOR SUPRANATIONAL PROTECTION OF HUMAN RIGHTS? Law of Political Science and Management of La Rochelle haired by Laurence BURGORGUE-LARSEN, Professor at the Law School of Sorbonne, I. THE EVOLUTION OF THE SYSTEMS AND METHODS OF PROTECTION University of Panthéon-Sorbonne (Paris I) Chaired by Jean-Paul COSTA, President of the International Institute of Human Rights – Emmanuel DECAUX, Professor at the University of Fondation René Cassin, Former President of the European Court of Human Rights Panthéon-Assas (Paris II) The transformation of individual Julia LAFFRANQUE, Judge at the European Court of Amaya UBEDA DE TORRES, Legal Officer to the Council of applications before supranational Human Rights Europe, to the Venice Commission courts Fatsah OUGERGOUZ, Judge at the African Court of Human Rights The evolution of the supranational Ioannis PANOUSSIS, Dean of the Faculty of Law at the Frédéric SUDRE, Professor at the University of Montpellier, jurisdiction Catholic University of Lille Conclusions Director of the European Institute of Human Rights

48 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 49 STUDY DAY THEMES SPEAKERS

Convergences and Contradictions of the Investment Law and Human Rights: BACKGROUND The Contentious Approach Chaired by Frédéric SUDRE, Professor at the University of Montpellier

Sabrina ROBERT, Lecturer at the University Panthéon- The 27th of November, the Léon Duguit Research Centre of the University of Evry-Val-d’Essonne Interference and expropriation organised, with the support of the IIHR, a study day on the theme “Convergences and Contradictions Sorbonne (Paris I) of the Investment Law and Human Rights: A Contentious Approach”. This day of studies took Mathias AUDIT, Professor of Public Law at the University place at the Paris Higher Notarial Centre and enabled participants to address various questions, Fair trial of Paris West Nanterre La Défense including the comparative approach to the protection of investments in investment law and human rights or interactions of investment law and human rights. Emanuel CASTELLARIN, Lecturer at the University of Non-discrimination Panthéon-Sorbonne (Paris I)

Julia MOTTE-BAUMVOL, Lecturer of Public Law at the Investor behavior University of Nice Sophia Antipolis THEMES SPEAKERS Private life and freedom of Carolina OLARTES BACARES, Doctor, University of Patrick CURMI, President of the University of Evry-Val- expression Panthéon-Sorbonne (Paris I) Opening d’Essonne; Sébastien TOUZÉ, Director of the International Arnaud DE NANTEUIL, Professor of Public Law at the Institute of Human Rights – Fondation René Cassin Penalty and damage University of Maine Walid BEN HAMIDA, Professor of Private Law at the Introductory Remarks University of Evry-Val-d’Essonne INTERACTION OF INVESTMENT LAW AND HUMAN RIGHTS Chaired by Sandrine CLAVEL, Dean of the Faculty of Law and Political Sciences, COMPARATIVE APPROACH TO THE PROTECTION OF INVESTMENTS IN LAW University of Versailles Saint-Quentin-en-Yvelines (University of Paris-Saclay) AND INVESMENTS IN HUMAN RIGHTS THE ACCUMULATION THE COMPETENCE Chaired by Charles LEBEN, The point of view of Human Rights Vincent BERGER, Lawyer (Berger Avocats), Former Professor Emeritus of the University of Panthéon-Assas Paris II Courts Jurisconsult at the European Court of Human Rights

Michal KUCERA, Legal Officer at the Registry of the The View of the Investment Christoph SCHREUER, Professor Emeritus at the University Personal Scope of Jurisdiction European Court of Human Rights Tribunals of Vienna

Julien FOURET, Associate Lawyer (Office of Betto- THE INSPIRATION AND THE BORROWING Material Jurisdiction Seraglini) The interpretative techniques Ursula KRIEBAUM, Professor at the University of Vienna

THE PROCEDURE THE CONFRONTATION Carlo SANTULLI, Professor of Public Law at the University The initiation of proceedings Human rights as a means of of Panthéon-Assas (Paris II) justifying the breach of an Julien CAZALA, Lecturer at the University of Orleans, on- Hervé ASCENSIO, Professor of Public Law at the University investment agreements and the The conduct of proceedings leave from the University of Galatasaray of Panthéon-Sorbonne (Paris I) challenge of arbitral investment awards for violation of human rights

Frédérique COULÉE, Professor of Public Law at the Summary Report University of Evry-Val-d’Essonne

50 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 51 RENÉ CASSIN THESIS PRIZE PUBLICATIONS

The French-Speaking René Cassin Thesis Prize 2015 In the collection of “Publications de l’Institut International des Droits de l’Homme”, Pedone Editions:

The French-Speaking René Cassin Thesis Prize 2015 was awarded to Alain-Guy TACHOU-SIPOWO from the Laval University (Canada) for his thesis entitled: « La Cour pénale internationale et le secret : de l’atténuation de la confidentialité au nom de l’impératif d’effectivité ». This Prize was presented on July 4th, 2015 at the opening ceremony of the 46th annual study session of the IIHR by the Jury President, Luís JIMENA QUESADA, Professor at the University of Valence. Other members of the Jury were: Karine PARROT, Professor at the University of Cergy-Pontoise ; Ariane Jordane ARLETTAZ, Julien BONNET (dir.), L’objectivation du VIDAL-NAQUET, Professor at the University of Aix-Marseille ; David SZYMCZAK, Professor at the contentieux des droits et libertés fondamentaux - Du juge des droits Political Science Institute of Bordeaux ; Yann KERBRAT, Professor at the University of Panthéon- au juge du droit ? - Actes du colloque du 12 décembre 2014, Collection Sorbonne (Paris I) ; Romain TINIÈRE, Professor at the University of Grenoble-Alps et Sébastien «Publications de l’Institut International des droits de l’homme», TOUZÉ, Professor at the University of Panthéon-Assas (Paris II). Pedone, Paris, 2015 The Jury awarded a Special Mention to Julie ARROYO of the University of Grenoble-Alpes for her thesis entitled: « La renonciation aux droits fondamentaux ».

The English-Speaking René Cassin Thesis Prize 2015

The English-Speaking René Cassin English Thesis Prize 2015 was awarded to Frederik Johannes ZUIDERVEEN BORGESIUS of the University of Amsterdam for his thesis entitled: “Improving Privacy Protection in the area of Behavioral Targeting”. This award was presented on July 4th, Jean-Pierre SCHOUPPE, La dimension institutionnelle de la liberté 2015 at the opening ceremony of the 46th annual training session of the IIHR by the Jury President, de religion dans la jurisprudence de la Cour européenne des droits Paulo PINTO DE ALBUQUERQUE, Judge at the European Court of Human Rights. The Jury was also de l’homme, Collection « Publications de l’Institut International des composed by Rick LAWSON, Professor, Leiden University; Fabián SALVIOLI, Professor, National Droits de l’Homme », Pedone, Paris, 2015 University of La Plata ; Rachel MURRAY, University of Bristol; Malcom EVANS, Professor, University of Bristol.

The Jury awarded a Special Mention to Steven L.B. JENSEN of the University of Copenhagen for his thesis entitled: “Negotiating Universality: The Making of International Human Rights, 1945- 1993”.

Emmanuel DECAUX, Sébastien TOUZÉ, La prévention des violations des droits de l’homme, Collection « Les Publications de l’Institut International des Droits de l’Homme », Pedone, Paris, 2015

52 INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 2015 53 ANNUAL REPORT OUR 2016PROGRAM [email protected] I Tél. :+33 (0)3 884584IFax :+33 (0)3 88 45 8450 2, Allée René Cassin-F -67000Strasbourg 30 Support for the Rights Clinic Throughout the year, organisingseminars andimplementation EDUCATIONAL ACTIVITIES In July “Sexuality andInternational HumanRights Law” From the26 RESEARCH ACTIVITIES “Armed Conflicts andInternational HumanRights Law” From the4 From the13 TRAINING SESSIONS INFRANCE In December In November In September –October In September From the9 From the4 From the15 SESSIONS ABROADTRAINING th and31 , RenéCassinFrench-SpeakingandEnglish-Speaking Thesis Prize st th th th of Marchandthe1 th th to the22 to the9 to the12 th

, 5thtraining sessioninPort-au-Prince, Haiti , 4thtraining sessionin Abidjan, Ivory Coast to the20 to the24 to the27 , 7thtraining sessioninDakar, Senegal René CassinEuropean PleadingCompetition 2016 th th nd of April th of May of th th of July of of June of February of May of , 1st training sessioninBuenos Aires, Argentina

, 1st training sessionin Yaoundé, Cameroon , 4thtraining sessioninBeirut, Lebanon , 47th annual study sessiononthetheme st , annual IIHRsymposium in Angers onthetopic of of April 2016. , 19thsummer course onrefugeelaw www.iidh.org , 3rd training sessioninBamako, Mali

of activitiesof theHuman which will beheld the