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Transitions to Democracy and the Rule of Law

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Transitions to Democracy and the Rule of Law American University International Law Review Volume 5 Issue 4 Article 1 1990 Transitions to Democracy and the Rule of Law Follow this and additional works at: https://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation (1990) "Transitions to Democracy and the Rule of Law," American University International Law Review: Vol. 5 : Iss. 4 , Article 1. Available at: https://digitalcommons.wcl.american.edu/auilr/vol5/iss4/1 This Symposium or Conference is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. SYMPOSIUM TRANSITIONS TO DEMOCRACY AND THE RULE OF LAW Sponsored by The Center for Human Rights and Humanitarian Law in cooperation with The International Legal Studies Program of the Washington College of Law, The American University INTRODUCTION PROFESSOR ROBERT KOGOD GOLDMAN On March 8 and 9, 1990, the Washington College of Law hosted a conference on "Transitions to Democracy and the Rule of Law" as the inaugural activity of its Center for Human Rights and Humanitarian Law. The newly established Center, which I co-direct with my faculty colleagues, Claudio Grossman and Herman Schwartz, is a tangible ex- pression of the Law School's commitment to the cause of human rights at home and abroad and will build on our record of scholarship and activism in these two complementary branches of international law. In addition to organizing and hosting conferences with international orga- nizations and non-governmental groups, the Center will undertake do- mestic and international litigation, develop multilingual human rights and humanitarian law materials, and enable foreign and United States lawyers to acquire skills training and pursue advanced studies in both fields of law. The March conference brought together an impressive group of 1. Professor of Law and Louis C. James Scholar, Washington College of Law, The American University, Washington, D.C. 965 966 AM. U.J. INT'L L. & POL'Y [VOL. 5:965 prominent human rights leaders, practitioners, and scholars from Eu- rope, Latin America, and the United States who, over two days on a series of panels, grappled with many of the formidable legal questions confronting the emergent democracies in Eastern Europe and Latin America. This volume of The American University Journal of Interna- tional Law and Policy provides a comprehensive transcription of the remarks of the speakers on various panels at the conference. These pro- ceedings are engaging reading with thoughtful insights into, and di- verse perspectives on, the process of building genuine democratic insti- tutions in these countries. The conference was a fitting beginning to our Center's important work. OPENING REMARKS DEAN ELLIOTT MILSTEIN1 Today we announce the birth of our Center for Human Rights and Humanitarian Law; a Center within the Washington College of Law which will permit us to consolidate and expand the work of our faculty in this very important area. Our faculty has long been active in promoting the rule of law throughout the world as part of the struggle to protect human rights. They have observed elections and visited political prisoners. They have conducted litigation and influenced, or at least tried to influence, for- eign policy. They have reported human rights abuses and published scholarly articles. They have organized symposia and spoken to the press. They have educated countless students. They have done these things because they share in a belief that the law provides powerful weapons for the just to fight against the wicked; a belief that for a lawyer to fight against the abuse of human rights is to engage in the most important fight of all. Last fall, three of our faculty approached me with the idea of start- ing a Center for Human Rights and Humanitarian Law at the Law School. Claudio Grossman, Robert Goldman, and Herman Schwartz told me about the terrific ideas they have for this Center and the projects that we will be able to do as a law school in this field. The first project that they mentioned, this conference, is an important event in its own right and a fitting way to inaugurate our new Center. 1. Dean, Washington College of Law, The American University, Washington, D.C. In February 1990, Dean Milstein travelled to Nicaragua to act as an observer in the first free elections to take place in that country. 1990] TRANSITIONS TO DEMOCRACY I suppose you all are familiar with the work of Claudio Grossman in the field of international human rights. Claudio has taught me many things. I have traveled with him to Chile, Nicaragua, Argentina, and Israel. Claudio, among other distinctions, litigated the first ease to be tried before the Inter-American Court of Human Rights last year. The case was against Honduras. Through Claudio's work and the work of other lawyers working with him, Honduras has been ordered to pay money damages to the victims of its repressive political regime. Bob Goldman has been involved in thS human rights struggle for his entire career, more than twenty years. He has been involved in human rights missions in almost every country in Central and South America. Most recently he has been active in fighting against the amnesty that Uruguay has declared for crimes committed by the military. Herman Schwartz has been active in fighting for the rights of prison- ers in the United States; fighting for the disenfranchised. He was one of the founders of the National Prison Project. Herman has also done many important things for the Washington College of Law. He started our Israeli civil rights program. Each year two lawyers come to the Law School from Israel to study international human rights and/or American public interest law. They then go back to Israel to be public interest lawyers. When I was in Israel last sum- mer, two of these lawyers won a case to require the military to give notice and hold a hearing before they tear a person's house down. Though these rights seem basic, in Israel this was a new civil right. Herman can take some of the credit for making that kind of change in Israel. In addition, he brought the first South African lawyer to our program to study American public interest law and has been working in the human rights area in Eastern Europe, particularly in Czechoslo- vakia. These three people are the co-directors of our new Center. We have other faculty who are also very well known in the human rights area. Tom Farer has a joint appointment with the Law School and the School of International Service and will be working in the Center. Rick Wilson, the newest member of our clinical faculty, is starting a clinical program at the Law School in international human rights next year. Rick and about eight students expect to be handling cases before the Inter-American Commission on Human Rights next year. This will be the first in-house clinical program handling human rights cases. Bob Dinerstein, the director of our clinic, has been on human rights missions to Chile. Fred Anderson, the former dean of our Law School, has been on human rights missions to Chile and Argentina. It is also fitting that this Center will be at The American University. AM. U.J. INT'L L. & POL'Y [VOL. 5:965 The American University has students from more foreign countries than any other university in the world. We also have an International Legal Studies Program, a Master of Laws degree program that has attracted more than 100 students each semester from more than forty foreign countries. About a third of those students are here to study human rights. In addition, The American University has other notables such as Lou Goodman, the Dean of the School of International Service, Sandy Unger, the Dean of our School of Communications, and other faculty involved in human rights. We are very, very optimistic and proud of what we are going to be able to accomplish. Our new Center is going to engage in scholarship, litigation, and ad- vocacy. We will teach and prepare teaching materials. We are going to have symposia and conferences. We are going to provide education to hundreds and hundreds of lawyers from around the world. I am confi- dent that this Center will be successful and invite each of you to par- ticipate in its future. & I would like to add one other personal comment as this conference on the "Transition to Democracy" begins. Two weeks ago I was with Claudio Grossman, the International Human Rights Law Group, Amy Young and Karen Penn, and others in Nicaragua. One day, we were in one of the poorest neighborhoods in Managua. It is hard to describe the poverty that we saw in Nicaragua, but this was the worst. The polling place was in a shack with a dirt floor and no windows. There were bags piled against the wall. The light came in through big spaces between the slats of the boards that made up the shack. A bare bulb hung from the ceiling. A woman came in with her husband. The head of the polling place turned to the international observers and said, "We have a lot of illiter- acy in the neighborhood and we have to be very flexible; so what we do is let the husband go in with an illiterate wife or vice versa to help them vote.
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