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The International Rule of Law in a Human Rights Era, 28 Pac Global Business & Development Law Journal Volume 28 | Issue 1 Article 2 1-1-2014 The nI ternational Rule of Law in a Human Rights Era Follow this and additional works at: https://scholarlycommons.pacific.edu/globe Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation The International Rule of Law in a Human Rights Era, 28 Pac. McGeorge Global Bus. & Dev. L.J. 1 (2014). Available at: https://scholarlycommons.pacific.edu/globe/vol28/iss1/2 This Article is brought to you for free and open access by the Journals and Law Reviews at Scholarly Commons. It has been accepted for inclusion in Global Business & Development Law Journal by an authorized editor of Scholarly Commons. For more information, please contact [email protected]. Back row: Vagn Joensen, Diego García-Sayán, Sophia Akuffo, Helmut Tuerk, Howard Morrison 3rd row: David Baragwanath, Ricardo Ramírez Hernández, Sanji Monageng 2nd row: Rowan Downing, Hisashi Owada, Erik Møse, Dennis Byron Front row: Dalveer Bhandari, Shireen Avis Fisher, Carmel Agius, Fausto Pocar The Brandeis Institute for International Judges (BIIJ) 2013 was convened by Leigh Swigart and Daniel Terris of Brandeis University, in partnership with Rolf Ring of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law and Christina Moëll of the Faculty of Law of Lund University. Special thanks go to Ambassador Hans Corell for his facilitation of Brandeis’ relationship with the partner institutions. BIIJ 2013 was co-directed by Linda Carter and Richard Goldstone. The BIIJ Program Committee, composed of Judges Sanji Monageng, Erik Møse, Hisashi Owada and Fausto Pocar, provided critical guidance during the development of the Institute program. This report was prepared by Leigh Swigart, with the editorial assistance of Linda Carter and Brandeis interns Rida Abu Rass, Anastasia Austin, and Alexander Glomset, all of the undergraduate class of 2014. Many thanks go to our BIIJ 2013 rapporteurs from the Lund Faculty of Law: Evgenia Pavlovskaia, Matthew Scott, and Britta Sjöstedt. We also thank our participants for providing comments on earlier drafts of this report. We are grateful to the staff of the Raoul Wallenberg Institute who provided a warm welcome and superb management throughout the BIIJ TABLE OF CONTENTS FOREWORD ............................................................................................................ 1 ABOUT THE INSTITUTE .......................................................................................... 2 KEY INSTITUTE THEMES ........................................................................................ 6 Theme 1: The Expanding Impact of Human Rights Law on International Courts and Tribunals .................................................................................. 6 Interstate Dispute Resolution Bodies and Human Rights ........................... 7 International Criminal Tribunals and Human Rights ................................. 9 The Question of Fragmentation ................................................................ 12 Theme 2: The Impact of International Human Rights Norms at the National Level ......................................................................................................... 14 The Human Rights Experience in Europe and Other Regions .................. 14 The Impact of the International Criminal Court ....................................... 18 Theme 3: How Universal Are Human Rights? .................................................... 24 Theme 4: The Role of State Engagement and Diplomacy in International JusticE ....................................................................................................... 30 Theme 5: The Future of International Courts and Tribunals: What Developments and Models Will We See in 20 Years? ............................. 33 Taking Stock .............................................................................................. 34 What Kinds of Changes Will Be Seen in The International Judicial Landscape? ............................................................................................... 35 The Future of the ICC ............................................................................... 36 New Kinds of Courts ................................................................................. 38 “Human Rights World” ............................................................................ 39 BREAKOUT GROUP DISCUSSIONS ........................................................................ 40 Human Rights Courts ................................................................................ 40 Interstate Dispute Resolution Courts ........................................................ 42 Criminal Courts ......................................................................................... 44 IN THE SPOTLIGHT ............................................................................................... 47 INTERNATIONAL JUSTICE: IN WHOSE NAME? ..................................................... 47 BIIJ 2013 PARTICIPANT BIOGRAPHIES ................................................................. 55 This report of the Brandeis Institute for International Judges 2013 is online at brandeis.edu/ethics/pdfs/internationaljustice/biij/BIIJ2013.pdf FOREWORD The Brandeis Institute for International Judges (BIIJ) has established itself as a significant and world-renowned program that promotes the role of judges working in the domain of international law and justice. Organized by the International Center for Ethics, Justice and Public Life of Brandeis University, the BIIJ provides a venue for judges from international and regional courts to discuss important issues relating to the administration of justice across their varied jurisdictions. In 2013, the BIIJ was organized, for the first time in its 12-year history, in partnership with outside academic bodies working in the same field. The institute was held in Lund, Sweden, in collaboration with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law and the Lund University Faculty of Law around the theme “The International Rule of Law in a Human Rights Era.” This report of the Lund session provides an extremely interesting and useful read for those working in the field of international justice and human rights. BIIJ 2013 was an enormous success. As one of the regular institute participants and a member of its 2013 Program Committee, I can attest that the intense interaction that took place in Lund between judges, who have to handle the delicate task of administering justice in a difficult political environment, and academics, who are engaged in creating a theoretical framework for international justice, was a valuable experience for all. In today’s world, globalization is not just an economic phenomenon but also a social reality for the international community, which consists of individual human beings. It is of paramount importance that international law, which sets the legal framework for the public order of this human community, should be focused on respect for human dignity through ensuring human security in every corner of the globe. The role of judges engaged in this endeavor—whether at the international, regional or national level—is of ever-increasing importance. The work of the 2013 Brandeis Institute for International Judges, thanks in part to the cooperation of the Raoul Wallenberg Institute and the Lund Faculty of Law, has made a substantial contribution to the cause of human security, an essential part of which involves the promotion of human rights through the proper functioning of international courts and tribunals. Hisashi Owada Judge and former President International Court of Justice 1 2014 / BIIJ Report ABOUT THE INSTITUTE From 28 to 31 July 2013, 16 judges from 13 international courts and tribunals attended the 9th Brandeis Institute for International Judges (BIIJ). The Institute was held in Lund, Sweden and organized in partnership with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law and Lund University Faculty of Law. Participants hailed from a wide range of judicial institutions, including those that address the violation of human rights by States in Africa, the Americas and Europe, as well as those that resolve disputes among States at the global and regional levels. Other participants represented institutions that investigate and try individuals accused of international crimes, from the International Criminal Court to tribunals focused on crimes committed in Cambodia, Lebanon, Rwanda, Sierra Leone and the former Yugoslavia. Sessions were held over four days around the overarching theme “The International Rule of Law in a Human Rights Era.” This theme was chosen because of the growing influence of human rights on legal thinking and practice, as well as on the work of international judges and their institutions. The first session of the Institute, led by Judge Hisashi Owada (Japan) of the International Court of Justice and Judge Fausto Pocar (Italy) of the International Criminal Tribunal for the former Yugoslavia, set the stage with an exploration of the expanding impact of human rights on international courts and tribunals. Participants went on to examine a number of critical subjects in contemporary global justice through a wide-ranging set of sessions. These included: the role played by State engagement and diplomacy, led by Ambassador Carl-Henrik Ehrenkrona (Sweden) and Justice Richard Goldstone (South Africa);
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