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Journal of Global Rights and Organizations Annual Review JOURNAL OF GLOBAL RIGHTS AND ORGANIZATIONS ANNUAL REVIEW VOLUME 9 2018-2019 ARTICLES An Emphasis on Relationships: The Driver for Success of the Special Court for Sierra Leone’s Office of the Prosecutor Kiri Latuskie Trade Liberation and Labor Bondage: US Agreements with Mexico and Colombia Julia Neusner The International, Impartial and Independent Mechanism on Syrian War Crimes: What It Does and Doesn’t Do Deanna Rafla-Yuan NOTES The Link Between Piracy and Terrorism: A Suggested Course of Action for an Unsolvable Issue Benjamin Millard Gender Identity and Asylum: The New Standard to Be Applied for Transgender Applicants Seeking Relief Under a Claim of Asylum, Withholding of Removal, and Convention Against Torture Jamie Richards IMPUNITY WATCH ESSAY CONTEST WINNER Silence is the Killer: Fighting for the Millions of Unheard Voices Hannah Yi J. GLOB. RTS. & ORG. VOL. 9 Impunity Watch and the Journal of Global Rights and Organizations (JGRO) is owned, published, and printed annually by Syracuse University, Syracuse, New York 13244-1030, U.S.A. The recently renamed Journal of Global Rights and Organizations is an annual journal publication run by Syracuse University College of Law students. JGRO focuses on human rights as they are practiced and applied in various regional courts around the globe, including the International Criminal Court, Inter-American Court and Commission of Human Rights, European Court and Commission of Human Rights, and African Court and Commission on Human and Peoples’ Rights. JGRO is a platform for cutting-edge legal scholarship and research; is free to read online at impunitywatch.com/category/journal; and the journal may also be found in the U.S. Library of Congress electronic database. Founded in 2007 by retired Professor David M. Crane L’80, the founding Chief Prosecutor of the Special Court for Sierra Leone, under the name Impunity Watch (2007-2017), in 2018, Professor Cora True-Frost G’01, L’01, assumed leadership of JGRO and Impunity Watch News. The journal was renamed the Journal of Global Rights and Organizations to reflect our renewed focus on exposing critical — sometimes conflicting — and overlooked developments in rights articulation. JGRO and Impunity Watch News participate in the annual International Humanitarian Law Dialogues hosted by the Robert H. Jackson Center each summer at the Chautauqua Institution in Chautauqua, New York, and maintain close ties with the Syrian Accountability Project and other human rights organizations. JGRO actively seeks and accepts article submissions from scholars and practitioners in the fields of international law, human rights, political science, history, and other humanitarian law related fields. To submit articles for the upcoming Volume 10, please email the current Lead Articles Editor, Alicia Slate, at [email protected]. Published works are also available at www.impunitywatch.com. i J. GLOB. RTS. & ORG. VOL. 9 CONTACT Editorial and business offices are located at Syracuse University College of Law, Dineen Hall, Room 346, Syracuse, New York 13244-1030, U.S.A. For more information, please visit www.impunitywatch.com or contact us at [email protected]. CITATION Please cite to the journal as: [Author’s Name, [Title], 9 J. GLOB. RTS. & ORG. [first page of article], [pincite] (2019), [URL if viewed online]. © 2019 Impunity Watch and Journal of Global Rights and Organizations. All rights reserved. Published by JGRO and Impunity Watch in conjunction with Syracuse University and the College of Law. DISCLAIMER The views expressed within are solely those of the authors and do not necessarily reflect the views of JGRO or Impunity Watch News, its advisors, editors or staff, Syracuse University College of Law, or Syracuse University. ii J. GLOB. RTS. & ORG. VOL. 9 Syracuse University College of Law Impunity Watch News and Journal of Global Rights and Organizations 2018 – 2019 _____________________________________________________________________________________________ Executive Board Editor-in-Chief Aaron Records Executive Director of News Managing Editor Emily Green Benjamin Millard Administrative Editor Technical Director Samuel Buchbauer Jenilyn Brhel Senior Leadership Senior Articles Editors Notes and Comments Editor Lead Articles Editors Xavia Gamboa Anna Holdren Brandon Golfman Jamie Richards Taylor Lambert Leader Editor of News Brian Kim Associate Members Andrew Boatright Gabrielle Bull Kelsea Carbajal Donya Feizbakhsh Associate Articles Editors Ashley Brush Rodney Dorilas Justin Furry Curtis Gilbert Brian Gunderson Breanna Leonard Kaleigh McGraw Maggie Redden Alicia Slate Jill Tompkins News Reporters Esther Chung Brianna Ferrante Hannah Gabbard Natalie Maier Skylar Salim Zoe Whitehouse Faculty Advisor C. Cora True-Frost G’01, L’01 iii J. GLOB. RTS. & ORG. VOL. 9 Journal of Global Rights and Organizations Annual Review Table of Contents VOLUME 9 2018-2019 ARTICLES An Emphasis on Relationships: The Driver for Success of the Special Court for Sierra Leone’s Office of the Prosecutor Kiri Latuskie 1 Trade Liberation and Labor Bondage: US Agreements with Mexico and Colombia Julia Neusner 25 The International, Impartial and Independent Mechanism on Syrian War Crimes: What It Does and Doesn’t Do Deanna Rafla-Yuan 61 NOTES The Link Between Piracy and Terrorism: A Suggested Course of Action for an Unsolvable Issue Benjamin Millard 81 Gender Identity and Asylum: The New Standard to Be Applied for Transgender Applicants Seeking Relief Under a Claim of Asylum, Withholding of Removal, and Convention Against Torture Jamie Richards 119 IMPUNITY WATCH ESSAY CONTEST WINNER Silence is the Killer: Fighting for the Millions of Unheard Voices Hannah Yi 146 iv J. GLOB. RTS. & ORG. VOL. 9 An Emphasis on Relationships: The Driver for Success of the Special Court for Sierra Leone’s Office of the Prosecutor Kiri Latuskie1 1 Kiri Latuskie is a graduating member of Western University Law School’s Class of 2019. She has been awarded the Cohen Highly LLP Award and the Edward C. Elwood Q.C. Prize in Wills and Trusts. She also holds an M.S. in Pharmaceutical Sciences from the University of Toronto. 1 J. GLOB. RTS. & ORG. VOL. 9 Introduction and Scope International criminal tribunals 2 have been subject to significant scrutiny. On paper, international criminal tribunals have internationally agreed upon procedures for creation, applying the rules created specifically for that court/tribunal, and implementing justice. However, in practice, implementing a successful international criminal tribunal requires slick political maneuvering, efficient use of resources (both relational and economic), building strong community foundations, and utilizing close relations to: produce evidence to support both the prosecution and defence, access and protect witnesses and informants, find and confiscate suspected international criminals, and imprison international criminals. International criminal tribunals rely heavily on funding and cooperation from diverse international groups.3 In addition, the communities for which they seek to provide justice must place trust in the programs and must not view the institutions as political moves or contrary to their best interests. It is important to consider past successes in the implementation and execution of existing and future international criminal tribunals. The Special Court for Sierra Leone (SCSL) was reportedly particularly successful due to the prosecution teams’ use of relational resources and foundation within the local and international community.4 Within the Office of the Prosecutor 2 Hereinafter, “international criminal tribunals” will collectively refer to the numerous ad-hoc tribunals (the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Special Panels for East Timor, the Special Court for Sierra Leone, Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon), and the International Criminal Court (ICC). 3 See Shakiratu Sanusi, SCSL Practice on Cooperation with the Host State and Third States: A Contribution to Africa and International Criminal Justice, in Charles Jalloh, ed, THE SIERRA LEONE SPECIAL COURT AND ITS LEGACY: THE IMPACT FOR AFRICA AND INTERNATIONAL CRIMINAL LAW, 469 (Cambridge University Press, 2013). 4 See generally Douglas Farah, BLOOD FROM STONES: THE SECRET FINANCIAL NETWORK OF TERROR (2004) (discussing the complexity of the conflict and its roots); Jalloh, supra note 3 (providing an in-depth background on the establishment of the SCSL). 2 J. GLOB. RTS. & ORG. VOL. 9 (OTP), relationships were valued and teamwork proved successful in the execution of investigations and indictments. The chief prosecutor, David Crane, employed a similar relational approach with community members – developing their confidence in the Court and achieving justice for their people. Finally, the SCSL had an innovative “Outreach Program” which attempted to engage with the broader community in Sierra Leone and educate them on the Court’s mandate while hoping to glean insight in their cases. Empirical evidence shows that relational approaches are regarded as successful in other arenas, such as illicit substance use counselling and child-rearing.5 This will be used as support for a relational approach in the context of trauma. Additionally, this paper will demonstrate that this translates to the application of justice in international criminal law. Finally, it is important to note that there are characteristics that make effective lawyers. Many of these
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