Cardozo Law Institute in Holocaust and Human Rights
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Transcript of Cardozo Law Institute in Holocaust and Human Rights
Strengthening Laws, Norms and Institutions
to Prevent Mass Atrocities, Protect Populations
and Rebuild Societies.
ABOVE: Cardozo Law in NYC’s Greenwich Village.BELOW: Refugees carrying themselves, their families and their belongings to safety.
Dominic Nahr 2008
Songquan Deng /Shutterstock
CARDOZO LAW INSTITUTE in HOLOCAUST and HUMAN RIGHTS
WWW.CLIHHR.ORG @[email protected]
CLIHHR (pronounced “clear”) began in 2005 with unclaimed funds from a Holocaust claims litigation settlement. The mission
was to engage in education, publication, and advocacy toward atrocity prevention. Since then, the Institute has become the
locus for high-level discussion on Holocaust remembrance and atrocity prevention, developing a unique and sophisticated
approach. With the support of individual donors and foundation grants, the Institute now boasts 10 faculty and staff members
implementing 10 programs to advance the scholarship and advocacy in the field.
CARDOZO LAW INSTITUTE IN HOLOCAUST AND HUMAN RIGHTS
began as the Holocaust, Genocide and Human Rights Program in 2005
with the aim to prevent mass atrocities and promote human security.
TODAY, the Institute maintains its original purpose while expanding to meet
complex and EVER-EVOLVING challenges in mass atrocity prevention and response.
Remembering the Holocaust demands BEING RESPONSIVE to the future world.
With compassion for victims of the Holocaust and mass atrocities, we are
dedicated to “paying it forward.” Maturing from a scholarly program into an
institute with practical tools, we implement change to prevent and respond to
mass atrocities. 2015 MARKS A TURNING POINT as we expand and evolve into an
organization that has grown at a pace in parallel with a growing global need
for scholarly policy and advocacy work on the PREVENTION OF MASS ATROCITIES.
2014 SAW THE HIGHEST number of refugees since WWII with 3.2 million refugees
fleeing Syria alone; extreme forms of Islam, ISIL and Boko Haram across
North Africa and the Middle East; ETHNIC AND RELIGIOUS VIOLENCE in the Central
African Republic; 300,000 civilian deaths in Eastern Ukraine; thousands of
young children fleeing torture and gang violence seeking asylum in the U.S.,
Australia and the U.K. Prepared by the lessons of the past, we confront new
scenarios in A CHANGING WORLD.
The Cardozo Law Institute in Holocaust and Human Rights is AT THE FOREFRONT
of strengthening laws, norms and institutions to prevent mass atrocities by
using a systematic 3-part strategy: PREVENT, PROTECT & REBUILD.
O U R I N S T I T U T E
OUR HISTORY
1 P R E V E N T
A T R O C I T E S
We leverage institutional
expertise and resources
to challenge discriminatory
policies and practices to
prevent individuals from
becoming targets for
mass atrocities.
2 P R O T E C T
P O P U L A T I O N S
Individuals displaced
by genocide and other mass
atrocities need protection. We
defend refugee rights, represent
asylum seekers, and advocate
for state adherence to
international
law.
3 R E B U I L D
S O C I E T I E S
We assist in
processes of truth,
justice, accountability,
reparation and
non-recurrence of
violence.
MASS ATROCITIES unfold over t ime in complex yet somewhat
predictable ways. Our three -part strategy is a systematic, holistic
approach that addresses mass atrocity factors within a circuitous
continuum of OVERLAPPING PATTERNS and simultaneous events. While there is
no clear beginning, middle, or end to mass atrocities, EARLY WARNING ANALYSIS
is now accepted as reliably predicting behaviors that are more likely to lead to
genocide and other mass atrocities.
Our strategy is to PREVENT atrocities, recognizing it implies to PROTECT populations
and to REBUILD during and after crisis. Our solution is to focus on the cycle of
behavior beginning with events that precede rights violations and conflicts that
ignite violence, war crimes, crimes against humanity, or genocide, followed by the
losses, destruction and devastation that can refuel the cyclical pattern of atrocities.
O U R 3 - PA R T S T R AT E G Y
Bhutanese refugees in Beldangi I presenting a Bhutanese passport.
In the Dadaab refugee camp, hundreds of thousands of Somalis wait for help.
In Sarajevo, Bosnia and Herzegovenia, a child sings in order to provide money for his family.
Paul P
rescott / Shutterstock.com
hikrcn / Shutterstock.com
WikiM
edia Com
mons
WE ACCOMPLISH our mission through multiple means. We TRAIN government officials and others on atrocity prevention. We BUILD
multilateral networks on mass atrocities, strength-ening an early warning atrocity prevention system around the world. We PARTNER with the U.S. and other governments, international and regional organizations. We pursue legislative reform and institution-building to strengthen atrocity prevention systems. We EDUCATE law students and legal profes-sionals to respect and further the rights of individu-als. We research and PUBLISH cutting-edge academic and policy scholarship on atrocity prevention, the Holocaust and international human rights. We ADVOCATE on behalf of individuals and groups suffering from systemic discrimination and mass atrocities. We PROMOTE international human rights toward eradicating genocide and mass atrocities. We PROTECT individuals immediately through legal representation for asylum seekers. We RAISE aware-ness by hosting discussions, organizing public lectures and conferences.
PROJECTS Practical project strategies offer pragmatic solutions and approaches to combatting human rights viola-tions, war crimes, crimes against humanity and genocide. Projects span a range of diverse, globally responsive fields:
> Early Warning and Response Project
> Citizenship and Statelessness Project
> Equality and Nondiscrimination Project
> Holocaust Remembrance and Justice Project
> Refugee Representation Project
> Pro Bono International Advocacy Project
> Law and Armed Conflict Project
> Accountability and Justice Project
> Criminalizing Illegal Use of Armed Force Project
> Jesuits Massacre Documentation Project
ABOVE: Associate Director, Refugee Representation Project Teresa Woods trains Ferkauf School of Psychology professors and students in refugee law. LEFT: Telford Taylor Fellow Jocelyn Getgen Kestenbaum presents scholarship at a conference in Porto Alegre, Brazil.
H O W W E W O R K
Cardozo Law students with local counterparts in Kigali, Rwanda.
CLINIC Students represent individual clients seeking asy-lum and partner with organizations to promote human rights in an effort to prevent atrocities. The Human Rights and Atroc-ity Prevention Clinic trains the next generation of advocates while offering students the opportunity to make a difference. Recently, students assisted Asylum Access Ecuador in success-ful refugee rights litigation before the Ecuadorian Constitutional Court. Student teams have also drafted early warning analysis reports for the United Nations Office of the Special Adviser on the Prevention of Genocide and the Responsibility to Protect.
CROSS-DISCIPLINARY CLINIC COLLABORATIONGraduate students of psychology learn to conduct forensic evaluations to support asylum claims. Law students and psy-chology students share knowledge across disciplines toward improving their respective professional practices and serving clients’ needs. The Refugee Representation Project partners with Yeshiva University’s Ferkauf School of Psychology to pro-vide holistic services to asylum seekers.
CONFERENCES & SYMPOSIA CLIHHR organizes and sponsors interdisciplinary approaches to dialogue, con-ferences, and workshops, furthering the goals of preventing atrocities and ending violent conflict and oppression globally. Deconstructing Prevention: The Theory, Policy and Practice of Mass Atrocity Prevention brought together multiple disciplines
for critical reflection of the rapidly expanding atrocity preven-tion agenda. For another event, CLIHHR partnered with the Raoul Wallenberg Legacy of Leadership Project to increase awareness of Raoul Wallenberg, his legacy and its importance for contemporary mass atrocity prevention. CLIHHR hosted the Deputy Secretary General of the United Nations Jan Eliasson and former prosecutor of the International Criminal Court Luis Moreno Ocampo to impart knowledge of Wallenberg, the Swed-ish diplomat who saved tens of thousands of Jewish lives dur-ing the Second World War in Hungary, and his legacy.
PUBLICATIONS Our faculty conducts research and furthers scholarship on human rights, atrocity prevention and humanitarian law. Recent publications include Professor Rich-ard Weisberg’s book In Praise of Intransigence: The Perils of Flexibility (Oxford University Press, 2014), Professor Sheri P. Rosenberg’s edited volume entitled Reconstructing Atrocity Pre-vention (Oxford University Press, 2015) and Professor Gabor Rona’s chapter, “Views from Mars, Views from Venus: Minding the Gap between What We say and What We Do on Terrorism,” in Jenkins, Jacobsen and Henriksen, The Long Decade: How 9/11 Changed the Law (Oxford University Press, 2014). The latest Institute publication furthers the implementation of R2P in international law and is titled A Common Standard for Applying the Responsibility to Protect (2013).
Young Suk Lim (‘16) and Noelle Forde (‘16) working on a client’s asylum interview.
Deconstructing Prevention: The Theory, Policy and Practice of Mass Atrocity Prevention conference provided a multidisciplinary agenda for atrocity prevention.
Deputy Secretary General of the United Nations Jan Eliasson with Former Special Adviser on the Responsibility to Protect Edward Luck at the Raul Wallenberg Legacy Project event.
Photo C
redit: Tristan Brand
WE WORK with the United Nations, government officials and non-government organizations to protect human rights and prevent mass
atrocities. Since minorities are the most frequent targets of mass atrocities, our focus areas include: minority rights, citizenship rights, equality, state-lessness prevention, and supporting early warning analysis and engagement for atrocity crimes.
Clinic students have represented clients in landmark cases, including Sejdic and Finci v. Bosnia and Herzegovina, before the European Court of Human Rights. In this important victory for non-discrimination and equality, the Court ruled that the Bosnian Constitution could not exclude ethnic minorities from running for President or Parliament. The 2009 ruling requires Bosnia to amend its Constitution to ensure equal public par-ticipation for all.
As part of our Citizenship and Statelessness Project, we advocate for citizenship rights and work to reduce state-lessness because stateless individuals are among the most vulnerable populations and are often at risk for atrocities. The Clinic partners with the Open Society Justice Initiative Citizen-ship and Equality Program in strategic litigation efforts before the African Commission on Human and Peoples Rights and the European Court of Human Rights. In Open Society Justice Initiative v. Cote d’Ivoire (Comm. 318/06), students assisted in challenging Cote d’Ivoire’s discriminatory laws and drafted new citizenship legislation for the country to prevent further human rights violations.
“The clinic was the most exciting, meaningful, and valuable part of my law school experience. It provided me with the sound legal foundation and critical
practical skills that I draw upon every day as an asylum and immigration attorney.” – Sara Levine, Cardozo Class of 2013
We also help to develop international norms, including the Responsibility to Protect (R2P) Doctrine, to prevent mass atrocities. Our report entitled A Common Standard for Applying the Responsibility to Protect created standards for R2P to determine when the international community must act to protect populations and prevent atrocity crimes.
Permanent Representative of South Sudan to the United Nations Francis Deng, CLIHHR Faculty Director Professor Sheri P. Rosenberg, Executive Director of the Auschwitz Institute for Peace and Reconciliation Tibi Galis, and former Special Adviser on the Responsibility to Protect Edward C. Luck at the Deconstructing Prevention Conference held at Cardozo Law.
Syrian refugees at the Syrian-Turkish border.
Thomas K
och / Shutterstock.comW H AT W E P R E V E N T
IN OUR REFUGEE REPRESENTATION PROJECT, we protect refugees seeking asylum in the United States. Since 2011, students have rep-resented 20 asylum seekers from 13 countries
in affirmative and defensive proceedings. So far, all of our clients with final decisions have succeeded in receiving asylum.
Students also assist asylum seekers while advocating for change in refugee laws and policies globally. In 2014, the Clinic and Refugee Representation Project partnered with Human Rights Watch to support Asylum Access Ecuador in litigation before the Ecuadorian Constitutional Court. Our students drafted an amicus brief demonstrating Ecuador’s international legal obli-gations to protect refugees seeking asylum within its borders.
Our Law and Armed Conflict Project strengthens international humanitarian law (the law of war) and human rights law to en-sure that populations are protected, especially in these times of evolving and changing landscapes of violent conflict. In Fall 2014, Professor Gabor Rona gave an insightful talk entitled “The U.S. in Iraq and Syria: Can old laws handle new threats?”
Melissa Lefas (’12) and Rwandan counterpart in Kigali, Rwanda. Teresa Woods, and Sarah Efronson, Class of 2013 with an RRP client and her son.
In Syria, raising my voice put me in danger and forced me to leave my country. Cardozo’s Refugee Represen-tation Project worked tirelessly to help
me get asylum. I am now on a path to citizen-ship and rebuilding my life here, all while I still fight for a democratic Syria.” – Ms. H.
Bangladeshi refugee children and women from Arakan in camps in Arakan, Bangladesh.
Photoreporter / Shutterstock.com
W H O W E P R OT E C T
OUR ACCOUNTABILITY AND JUSTICE PROJECT rebuilds societies in post-conflict transi-tions. We assist with litigation efforts to hold international war criminals to
account for atrocity crimes. Our recent projects include research for United Nations Special Rap-porteurs working on transitional justice issues and assisting the Center for Justice and Accountability to extradite human rights abusers for trial in Spanish courts under universal jurisdiction laws.
We also advocate for implementing international criminal law to prevent future atrocity crimes, combat impunity and hold indi-viduals to account. Under our Jesuits Massacre Documentation Project (JMDP), Professor Patty Blum manages an ever-growing database of documents related to the November 1989 Salva-doran military massacre of six Jesuit priests, their housekeeper and her daughter. The JMDP provides critical documentary support for litigation and efforts to bolster the historical record for El Salvador.
The Holocaust Remembrance and Justice Project continues its pioneering work. Our role is to preserve memory, further under-standing, seek justice and train the next generation of lawyers to engage in thoughtful advocacy. Our goal is to live in a world in which “Never Again!” rings true. Recently, the Project hosted a conference called A Thousand Years of Infamy: The History of Blood Libel to bring together legal and literary scholars to discuss blood libel trials and their significance in fueling anti-Semitism.
“When I completed my closing argument and the Immigration Judge said to my client, “Welcome to America,” it was easily the single greatest
moment I had at law school.” – Sam Permutt, Cardozo Class of 2012
LEFT: Jocelyn Getgen Kestenbaum and Jesuits Massacre Documenation Project interns. ABOVE: Professor Richard Weisberg and Professor Sanford Levinson at A Thousand Years of Infamy: The History of Blood Libel conference.
Youth at a vigil in El Salvador commemorating the Jesuits Massacre of 1989 and demanding justice for the victims.
H O W W E R E B U I L D AP
Photo/Edgar R
omero
We have held 11 conferences & symposia, 29 lectures,
13 panel events, 4 other events, 7 discussions, 1 play, 1 workshop,
2 book signings, 3 film screenings, 1 award ceremony & 2 report launches.
Since 2011 our students have represented 20 asylum seekers from
13 countries. So far, all of our clients with final decisions have succeeded
in receiving asylum. An additional 25 clients have received legal
assistance and advice.
P R O G R E S S R E P O RT
UGANDA • LIBYA • AFGHANISTAN • PAKISTAN • DEMOCRATIC REPUBLIC OF THE CONGO
THE NETHERLANDS • DOMINICAN REPUBLIC • KENYA • CAMBODIA • CANADA • TURKEY
ECUADOR • CENTRAL AFRICAN REPUBLIC • SOUTH AFRICA • CAMEROON • ERITREA
CÔTE D’IVOIRE • ISRAEL • IRAN • RUSSIA • SUDAN • EGYPT • RWANDA • BURUNDI
BURMA • ETHIOPIA • NIGERIA • BENIN • IRAQ • BOSNIA • COLOMBIA • HAITI
PHILIPPINES • CHINA • DENMARK • GUINEA • CAMEROON • HONDURAS • INDIA
CONGO-BRAZZAVILLE • DENMARK • GRENADA • KAZAKHSTAN • FRANCE • THAILAND
TANZANIA • SOUTH SUDAN • MEXICO • EL SALVADOR • UNITED STATES • CHAD • SYRIA
Illustration © Brian Lee BoyceOUR WORK SPANS THE GLOBE
SHERI P. ROSENBERG
Faculty Director & Associate Clinical Professor of Law
Sheri P. Rosenberg specializes in civil rights and international
human rights, focusing on non-discrimination, equality and
atrocity prevention. She directs CLIHHR’s Human Rights and Atrocity Prevention
Clinic, Early Warning and Response, Citizenship and Statelessness, and Equality
and Nondiscrimination Projects.
RICHARD WEISBERG
Founding Director & Professor of Law
Walter Floersheimer Professor of Constitutional Law
Richard H. Weisberg directs the Holocaust Remembrance and
Justice Project at CLIHHR. He has helped to litigate successfully in American
federal courts on behalf of Holocaust survivors.
TERESA WOODS
Associate Director, Refugee Representation Project
& Lecturer in Clinical Law
Teresa Woods supervises the Human Rights and Atrocity
Prevention Clinic’s asylum cases and lectures on Refugee Law. She
founded and co-directs the Pro Bono International Advocacy Project.
JOCELYN GETGEN KESTENBAUM
Telford Taylor Fellow & Lecturer in Clinical Law
Jocelyn Getgen Kestenbaum directs the Accountability and Justice
and Criminalizing the Illegal Use of Armed Force Projects, and
co-directs the Pro Bono International Advocacy Project. Her scholarship and
advocacy focuses on international human rights, public health, development,
gender justice and transitional justice.
GABOR RONA
Visiting Professor of Law
Gabor Rona directs CLIHHR’s Law and Armed Conflict Project.
He teaches international human rights and humanitarian law.
Previously, he served as International Legal Director of Human Rights First and
Legal Advisor of the International Committee of the Red Cross (ICRC).
CAROLYN PATTY BLUM
Visiting Clinical Professor of Law
Patty Blum directs CLIHHR’s Jesuits Massacre Documentation
Project. She is Clinical Professor of Law Emerita at Berkeley,
Visiting Fellow at Kellogg College, University of Oxford, and Senior Legal Adviser to
the Center for Justice and Accountability. She has worked on cases seeking justice
and accountability for torture, massacres, extra-judicial killings, and asylum
seekers.
ERIC ALEXANDER FREEDMAN
Visiting Professor of Law
Eric Freedman is CLIHHR’s European Advisor. Since 2001, he
has served as banking research consultant to the Wiesenthal
Center Europe, attached to the French Commission on Holocaust-era spoliation
indemnification.
HEIDI ANDREA RESTREPO RHODES
Research Specialist, Jesuits Massacre Documentation Project
Heidi Andrea Restrepo Rhodes is Research Specialist of the Jesuits
Massacre Documentation Project. She has her M.A. in social
justice-based anthropology and her research focuses on issues of state violence. She is
committed to social documentation, historical memory and justice.
ANGGLELIA SUTJIPTO
Projects Coordinator
Angglelia (Angel) Sutjipto joined CLIHHR in 2013 as Projects
Coordinator. She graduated from the CUNY Baccalaureate for
Unique and Interdisciplinary Studies (CUNY BA), specializing in Genocide Studies.
ASSOCIATED FACULTY
DR. BARBARA EISOLD
Professor of Psychology
Ferkauf Graduate School of Psychology, Yeshiva University
Barbara Eisold is a trained psychotherapist who collaborates on
Refugee Representation Project asylum cases and guest lectures in the Human
Rights and Atrocity Prevention Clinic. She conducts pro bono psychological
evaluations for asylum seekers.
MALVINA HALBERSTAM
Professor of Law
A founding Cardozo faculty member, Malvina Halberstam teaches
International Law and National Security and Terrorism. She clerked
for Judge Palmieri, served as Assistant District Attorney, reported for the American Law
Institute, and counseled on international law for the U.S. Department of State.
DEBORAH PEARLSTEIN
Associate Professor of Law
Deborah Pearlstein joined Cardozo in 2011 following her tenure in
the Law and Public Affairs Program at the Woodrow Wilson School
for Public and International Affairs at Princeton. Her research focuses on national
security law and the separation of powers.
MONROE PRICE
Director, Howard M. Squadron Program in Law, Media and
Society & Joseph and Sadie Danciger Professor of Law
Dean Price was dean of Cardozo from 1982 to 1991. He clerked
for US Supreme Court Associate Justice Potter Stewart, and was an assistant to
Secretary of Labor W. Willard Wirtz. He founded and directed the Program in
Comparative Media Law and Policy at Wolfson College, Oxford; was a social
science faculty member at the Institute for Advanced Study in Princeton; directed
the Stanhope Center for Communications Policy Research; and chaired the Center
for Media and Communications, Central European University.
MICHEL ROSENFELD
Justice Sydney L. Robins Professor of Human Rights
Director, Program on Global and Comparative Constitutional Theory
Michel Rosenfeld is a comparative constitutional law scholar. He is
affiliated with New School University, U.S. Association of Constitutional Law founding
member, International Journal of Constitutional Law co-editor-in-chief, and was
International Association of Constitutional Law president. He received France’s 2004
Legion of Honor award.
DAVID RUDENSTINE
Sheldon H. Solow Professor of Law
Dean Rudenstine served as dean of Cardozo from 2001-2009. He
has authored several books, including The Day the Presses
Stopped: A History of the Pentagon Papers Case. Prior to joining Cardozo, he was
project director, associate director, and acting executive director of the New York
Civil Liberties Union.
JULIE C. SUK
Professor of Law
Julie Suk is a leading comparative equality law scholar. Her research
develops transnational perspectives on antidiscrimination law theory
and practice. She lectures in the U.S. and Europe, and taught at Harvard, University of
Chicago, and UCLA Law Schools.
EKOW N. YANKAH
Professor of Law
Ekow Yankah is an analytical jurisprudence, criminal law, and
political theory scholar. He has been recognized as one of the Top 50
influential Law Professors under 50. He serves on the Innocence Project’s and
American Constitution Society’s (ACS) New York Chapter’s Executive Boards.
L E A D E R S H I P FAC U LT Y S TA F F
We gratefully acknowledge and appreciate the generous support that makes our work possible. Thank You.
FRENKEL FAMILY FOUNDATION • JPB FOUNDATION • NATHAN CUMMINGS FOUNDATION
STATUE FOUNDATION • TIDES FOUNDATION • HUMANITY UNITED • AUSTRALIA R2P FUND
ANONYMOUS FUND • THE DAVID BERG FOUNDATION • SILICON VALLEY COMMUNITY FOUNDATION
LOUISE & ARDE BULOVA FUND • THE ESHE FUND • MARGOT ROSENBERG PULITZER FOUNDATION
THE LAW & HUMANITIES INSTITUTE • INSTITUTE FOR THE STUDY OF GENOCIDE • FRED SCHWARTZ
THE CONSULATE GENERAL OF THE REPUBLIC OF POLAND • BEN FERENCZ • ELIZABETH GREIF
2015 marks our 10-year anniversary. After a decade of success, we are expanding our capacity to meet current
and future challenges. To make your gift or pledge in any amount, please contact CLIHHR Faculty Director
Sheri P. Rosenberg at 212-790-0455 or email [email protected] for contribution information.
CLIHHR Brochure Creative Direction and Design By Brian Lee Boyce For Small Victory Press, Inc. www.SmallVictoryPress.com
O U R S U P P O RT E R S
“Appreciating the dark lessons of history
without being responsive to the future world violates the memory of the past.
Thus, with profound compassion for the victims of genocide
and other mass atrocities we pursue our work with scholarly rigor,
passion and commitment.”
– Sheri P. Rosenberg, CLIHHR Faculty Director and Associate Clinical Professor of Law
Trying to Remember the Color of the Sky on That September Morning, Spencer Finch (American, b. 1962)Quotation from Virgil’s Aeneid, forged from remnant World Trade Center steel, Tom Joyce (American, b. 1956)
TO MAKE YOUR GIFT OR PLEDGE
Photograph by Jin Lee, C
ourtesy 9/11 Mem
orial Museum