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TRANSITIONAL JUSTICERESEARCH INSTITUTEANNUAL REPORT1 AUGUST 2005 - 31 JULY 2006


TRANSITIONAL JUSTICEINSTITUTEANNUAL REPORT1 August 2005 – 31 July 2006


TRANSITIONAL JUSTICE INSTITUTEANNUAL REPORT(1 AUGUST 2005 - 31 JULY 2006)CONTENTSPage No1. Foreword by the Pro Vice-Chancellor (<strong>Research</strong> and Innovation) 32. Foreword by the <strong>Research</strong> Institute Director 43. About the TJI 74. Thematic <strong>Research</strong> Areas 94.1 Confl ict and Law 94.2 Transformation <strong>of</strong> political participation and institutions 104.3 Transformation <strong>of</strong> legal institutions 114.4 Dealing with the past 124.5 Gender, conflict and transition 135. <strong>Research</strong> Institute Members 145.1 Core Staff Members 145.2 Associate <strong>Research</strong>ers 255.3 Doctoral Students 286. LLM in Human Rights Law 297. TJI Conferences and Events 317.1 TJI Conferences 317.2 Other TJI Events 327.3 TJI Seminar Series 348. Visiting Fellows to TJI 369. Internship Programme 3810. TJI External Board 3911. <strong>Research</strong> Funding 41Annex 1: Publications 42Annex II: TJI Strategic Plan 2006-2008 52


1. FOREWORD BY THE PRO-VICE CHANCELLOR(RESEARCH AND INNOVATION)‘Excellence, Innovation and Regional Engagement.’Thisis the phrase that summarizes the objectives <strong>of</strong>the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> and was derived throughinstitution-wide consultation in the past academicyear. All three parts are highly relevant to researchand the Transitional Justice Institute (TJI) embodiesboth excellence, innovation and not just regional, butinternational, engagement. The TJI has been selectedas part <strong>of</strong> the <strong>University</strong>’s specifi c core objective to‘undertake excellent research in selected areas <strong>of</strong>activity’, in a <strong>University</strong> where research is, and willcontinue to be, a highly prized activity.The TJI is one <strong>of</strong> a number <strong>of</strong> <strong>Research</strong> Institutes. It was established on the foot<strong>of</strong> the externally funded Support Programme for <strong>University</strong> <strong>Research</strong>, so as tobuild on strengths <strong>of</strong> existing law research and take it onto a new level. Withthe <strong>Research</strong> Institute model being rolled out across the <strong>University</strong>, the researchresources <strong>of</strong> the <strong>University</strong> are increasingly focussed on meeting the ongoingresearch needs <strong>of</strong> the needs <strong>of</strong> the TJI. Additionally mechanisms have been putin place across all Institutes to ensure the targeted support <strong>of</strong> colleagues atearlier stages in research careers who have the potential to emerge as signifi cantresearchers in their own right. Our <strong>Research</strong> Institutes will be supported toachieve longevity and establish a reputation amongst external peers, researchfunders and research users. The TJI has in a short space <strong>of</strong> time established astrong reputation as an international Institute.This fi rst Annual Report documents a signifi cant body <strong>of</strong> work at the cutting edge<strong>of</strong> legal research, much <strong>of</strong> which is internationally signifi cant. As a reader, you maybe a member <strong>of</strong> another research institution, perhaps seeking to collaboratewith UU, or perhaps you are a graduate, or soon-to-be graduate, consideringpostgraduate research as a starting-point in your career, or perhaps you areinvolved in the private sector. You may even have been responsible for fundingsome <strong>of</strong> the research, or you are seeking solutions or expertise to solve a problem.Whatever your perspective, I hope that the material contained in this AnnualReport will be useful and informative. The precise work underway in an <strong>institute</strong>may change with time, as will the Institute’s membership, and annual reports willbe one mechanism through which this evolution will be tracked. I commend eachcolleague whose achievements are documented in this report for the excellence <strong>of</strong>her/his work and I assure every reader <strong>of</strong> the <strong>University</strong>’s continuing commitmentto supporting the achievement <strong>of</strong> excellence in research.Pr<strong>of</strong>essor Bernie HanniganPro-Vice Chancellor (<strong>Research</strong> & Innovation)3


2. FOREWORD BY THERESEARCH INSTITUTE DIRECTORLaunch <strong>of</strong> the TJI, June 2005Pr<strong>of</strong> F. Ní Aoláin, Justice Albie Sachs, Pr<strong>of</strong>. C. Bell & Pr<strong>of</strong>. C. CampbellI am very proud to present this year’s Annual report, which in my view refl ectsthe importance <strong>of</strong> the Transitional Justice Institute’s research agenda, in aworld in which confl ict is prevalent, and exits from confl ict diffi cult to fi nd andimplement. The report paints a picture <strong>of</strong> a young organisation that is rapidlydeveloping an ambitious programme <strong>of</strong> research, publications, events and teachingprogrammes.Academic and Policy InterventionsThe TJI was launched in late June <strong>of</strong> 2005, heralding the start <strong>of</strong> a busy period.As this report indicates, TJI research continued to make an impact, appearing inkey journals and monographs where it helped to set debates particularly in theareas <strong>of</strong> human rights and peace-building, minority rights, and approaches to thewar on terror. TJI publications can be accessed directly from the TJI’s new website(see below).In addition, the TJI continued its praxis mission in particular through Phil Clark’swork for the International Criminal Court, Jérémie Gilbert’s work on indigenouspeoples, and through informal advice to a range <strong>of</strong> local politicians and policymakers on matters such as ‘dealing with the past’, and ‘on the runs’, and throughmy own work on Human Rights and Peace Agreements with the InternationalCouncil on Human Rights Policy.This last report was launched at a major seminar hosted by the Norwegian andSwiss governments, on the occasion <strong>of</strong> a State visit by the King <strong>of</strong> Norway toSwitzerland. The seminar was addressed by a wide range <strong>of</strong> international expertson <strong>transitional</strong> <strong>justice</strong>, refugees and displaced persons, and gender. It was alsoaddressed by UN High Commissioner for Human Rights, Louise Arbour who inher presentation recognised the quality <strong>of</strong> the research done and that the reporthas ‘been welcomed and acclaimed as a very important study with compellingrecommendations.’4


Louise Arbour, the High Commissioner for Human Rights and Pr<strong>of</strong>essorChristine Bell for the launch <strong>of</strong> the report.New LL.M.The LL.M. programme was also launched, and recruited top level practitioners andlaw students from a range <strong>of</strong> countries. The programme has a particular focus on<strong>transitional</strong> <strong>justice</strong> issues, and the law relating to confl ict and confl ict resolution.It is an internationally distinctive programme in this respect. These students arenow due to graduate in the fi rst LL.M. in Human Rights graduations in December2006. Feedback from the first cohort <strong>of</strong> students has been very favourable.An internship for two LL.M. students at the Northern Ireland Human RightsCommission was also established, and other students obtained internationalinternships and attended courses over the summer.EventsThis report details the lively calendar <strong>of</strong> events <strong>of</strong> the TJI. These have included aSeminar Series, and two major conferences, one held in Belfast on socio-economicrights, and the other held jointly with <strong>University</strong> <strong>of</strong> Minnesota Law School,Minnesota Center for Legal Studies, and the Minnesota Journal <strong>of</strong> InternationalLaw on the ‘War on Terror’. Both conferences had a strong inter-disciplinaryapproach.Papers from the ‘War on Terror’ Conference will be published in the Spring issue<strong>of</strong> the Minnesota Journal <strong>of</strong> International Law.New Website and NewsletterThe TJI also worked this year to develop its website, and a newsletter which willappear regularly to update our friends and colleagues on our work. The fi rstnewsletter was circulated in the summer, and the website can be accessed atwww.<strong>transitional</strong><strong>justice</strong>.ulster.ac.uk.Staff changesDuring the year we were lucky enough to make a few new appointments. RCUK<strong>Research</strong> Fellows Niamh Reilly, Phil Clark, Kirk Simpson and Elvira Dominguez-Redondo, all joined the TJI. In addition Pr<strong>of</strong>essor David Kretzmer joined the TJI asa Pr<strong>of</strong>essor in the School <strong>of</strong> Law, <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>. Pr<strong>of</strong>essor Joshua Castellin<strong>of</strong>rom the Irish Centre <strong>of</strong> Human Rights, National <strong>University</strong> <strong>of</strong> Ireland, Galway, willalso join the TJI and the School <strong>of</strong> Law in January 2007. We were also joined byKatrina Reynolds as secretary.5


We were also sorry to say good-bye to Edwin Abuya, and later in the year willalso lose Clare Dwyer. Both made an important contribution to the development<strong>of</strong> the TJI.ThanksFinally, I would like to acknowledge the on-going support <strong>of</strong> our External Board,Pr<strong>of</strong>essor Bill Bowring, Pr<strong>of</strong>essor Christopher McCrudden, Pr<strong>of</strong>essor HenrySteiner, and Pr<strong>of</strong>essor Ruti Teitel. I would also like to personally acknowledge theunstinting work and support <strong>of</strong> our administrator Lisa Gormley, and also <strong>of</strong> myfellow directors, Colm Campbell and Fionnuala Ní Aolaín.Christine BellTransitional Justice Institute, 200666


3. ABOUT THE TJIThe Transitional Justice Institute is an internationally recognised <strong>institute</strong> dedicated to examining how law and legalinstitutions assist (or not) the move from confl ict to peace. A central assumption <strong>of</strong> the research agenda <strong>of</strong> the TJIis that the role <strong>of</strong> law in situations <strong>of</strong> transition is different from that in other times. In contrast to commonly heldunderstandings <strong>of</strong> the law as underpinning order, stability and community, the role <strong>of</strong> law in <strong>transitional</strong> situations is a lessunderstood role <strong>of</strong> assisting in the transition from a situation <strong>of</strong> confl ict to one <strong>of</strong> ‘peace’ (perhaps better understoodas non-violent conflict).The Institute has established authoritative analyses <strong>of</strong> rapidly developing legal controversies in Northern Ireland for thebenefi t <strong>of</strong> a global audience. It also brings comparative experiences and international infl uences into the Northern Irishdebate. TJI espouses an ‘active research’ model, wherein engagement with institutions, policy-makers and communities(internationally and locally) generates research, and research generates engagement.The aims <strong>of</strong> the Institute are:➢ To build a theoretical and practical understanding <strong>of</strong> the role <strong>of</strong> ‘<strong>transitional</strong> <strong>justice</strong>’, and the underlying relationshipbetween <strong>justice</strong> and peace;➢ To examine the role <strong>of</strong> the international and domestic legal systems and institutions in facilitating transition fromconfl ict;➢ To make links between the experience <strong>of</strong> Northern Ireland and international experience, so as to benefi t bothNorthern Ireland and other contexts;➢ To inform policy makers involved in peacemaking in local and international institutions; and➢ To make visible and critically examine gendered experiences <strong>of</strong> transition.The TJI community <strong>of</strong> researchers is housed in restored 19th century buildings on two campuses – Dalriada House, atJordanstown and No. 8 College Avenue at Magee. It attracts international scholars and policy makers from all over theworld. The TJI has played a key role in taking legal research in Northern Ireland to the centre <strong>of</strong> international stages. Assuch it constitutes an important resource for LL.M students and PhD researchers. The TJI is affi liated to the Association<strong>of</strong> Human Rights Institutes.MethodologiesTJI research utilizes three broad research methodologies across its thematic areas:➢ Theorizing key concepts: TJI engages in ‘mid-level’ theorizing <strong>of</strong> <strong>transitional</strong> <strong>justice</strong> and related concepts such asdemocracy and human rights toward identifying practical responses to contemporary problems in <strong>transitional</strong>contexts.➢ Socio-legal research: TJI research draws on range <strong>of</strong> social-science methodologies and epistemological debates toexamine aspects <strong>of</strong> its research agenda.➢ Doctrinal research: TJI engages in research on core areas <strong>of</strong> doctrinal law such as refugee, human rights, andhumanitarian law and fosters the application <strong>of</strong> new thinking in these areas to debates in <strong>transitional</strong> <strong>justice</strong>.During the last year, the Transitional Justice Institute has continued to build this research agenda in publications, andexpert seminars, and interventions into situations <strong>of</strong> conflict, as set out in below.7


ManagementThe Institute is led by a Directorate (a Director and two Associate Directors), comprising Pr<strong>of</strong>essor Christine Bell,Pr<strong>of</strong>essor Colm Campbell and Pr<strong>of</strong>essor Fionnuala Ní Aoláin. The TJI is managed by the Directorate <strong>of</strong> Pr<strong>of</strong>essors, aCoordinating Committee and a central <strong>University</strong> Management Board.In addition, academic staff <strong>of</strong> the TJI have specifi c administrative roles: Dr Niamh Reilly is the LLM Co-ordinator, DrMichael Hamilton is the Assistant LLM Co-ordinator at Jordanstown, Dr Kirk Simpson is the PhD Co-ordinator, DrPhil Clark is the Assistant <strong>Research</strong> Co-ordinator and Dr Jérémie Gilbert is the Communications and Publicity Coordinator.8


4. THEMATIC RESEARCH AREASThe TJI research agenda is focused on understanding the role that law plays in <strong>transitional</strong> situations, when societiesattempt to move from a period <strong>of</strong> violent confl ict or oppression towards peace, democracy, the rule <strong>of</strong> law, and respectfor human rights. TJI pursues its research agenda through theoretical and empirical work that seeks to transform anddevelop the theory and practice <strong>of</strong> <strong>transitional</strong> <strong>justice</strong>. The research is developed through theoretical interrogation <strong>of</strong>concepts such as <strong>transitional</strong> <strong>justice</strong> and the rule <strong>of</strong> law. This perspective underpins the development <strong>of</strong> fi ve thematicareas <strong>of</strong> research undertaken by TJI staff discussed in the following sections:4.1 Conflict and LawTransitional Justice is primarily concerned with facilitating movement from confl ict to peace. Increasingly, however, bothconfl ict and processes <strong>of</strong> resolution are being understood as fl uid with dynamics that change over time. Consequentlyprocesses <strong>of</strong> confl ict prevention, peace-making and peace-building are now recognized as closely related (See Report <strong>of</strong>the Secretary-General on the Rule <strong>of</strong> Law and Transitional Justice in Confl ict and Post-Conflict Societies from August2004). TJI aims to make a focused contribution to these broader debates by exploring two converse assertions. First, thatgreater understanding and acknowledgement <strong>of</strong> the relationship between law and the causes <strong>of</strong> confl ict are necessarynot just to transition, but also to preventing earlier confl ict escalation. In particular, TJI seeks to undertake a criticalappraisal <strong>of</strong> the role <strong>of</strong> law in the management, maintenance and end <strong>of</strong> confl ict. The second assertion is that ‘<strong>transitional</strong>mechanisms’ exhibited in societies emerging from protracted confl icts can have a constructive role if promoted whenconfl ict is at a nascent stage.Accordingly, TJI research in this area provides detailed analyses <strong>of</strong> how legal responses aimed at a military containment<strong>of</strong> confl ict can operate to escalate confl ict. Such responses can undercut (<strong>of</strong>ten concurrent) legal measures aimedat eliminating the political causes <strong>of</strong> confl ict. This strand <strong>of</strong> TJI work has both a doctrinal (or technical-legal) and asocio-legal focus. In particular, it addresses the lack <strong>of</strong> consensus on applicable legal norms – a lack <strong>of</strong> consensusthat had particular signifi cance in Northern Ireland. This lack <strong>of</strong> consensus, on when the legal criteria establishing theexistence <strong>of</strong> an internal armed confl ict have been satisfied, is compounded by the lack <strong>of</strong> sanction for human rights andhumanitarian violations which typically take place during such confl icts. Moreover, post-September 11th, TJI researcharound this theme increasingly addresses global-level tensions between military and political responses to conflict.Aims <strong>of</strong> TJI research in this area• Provide authoritative legal analyses <strong>of</strong> the theoretical underpinnings and operation <strong>of</strong> international humanitarian andhuman rights law with respect to conflict• Review the role <strong>of</strong> emergency law in the management, perpetuation and end <strong>of</strong> confl ict, drawing on the local situationin Northern Ireland and extrapolating to other situations around the world• Explain patterns <strong>of</strong> confl ict escalation, transformation and resolution, with reference to the recent phenomena <strong>of</strong>negotiated agreements with human rights components• Analyse the legal status and nature <strong>of</strong> peace agreementsIndicative projects• The ‘war on terror’ and the rule <strong>of</strong> law (Christine Bell, Colm Campbell, Shane Darcy, Fionnuala Ní Aoláin, ItaConnolly)• The role <strong>of</strong> law in the nexus between state repression and violent challenges (Colm Campbell)• Developments in the relationship between international human rights law and humanitarian law in post-conflictsituations (Fionnuala Ní Aoláin)• Local and comparative analyses <strong>of</strong> emergency law and political violence in transitions (Colm Campbell, Fionnuala NíAoláin, Ita Connolly)• International law and the protection <strong>of</strong> children in armed conflict (Sorcha McKenna)Indicative Publications• Ní Aoláin, Fionnuala, Law in Times <strong>of</strong> Crisis - Emergency Powers in the Theoretical and Comparative Perspective.Cambridge: Cambridge <strong>University</strong> Press, 2006.• Campbell, Colm & Connolly, Ita, “Making War on Terror? Global Lessons from Northern Ireland” (2006) 69(6) MLR935-957• Campbell, Colm, “’Wars on Terror’ and Vicarious Hegemons.” 54 International and Comparative Law Quarterly(2005): 3219


4.2 Transformation <strong>of</strong> political participation and institutionsTypically peace agreements involve compromises over access to power, government and/or territory. Northern Irelandwith its power-sharing model for government and the cross-border dimension <strong>of</strong> the Belfast Agreement provides a goodexample <strong>of</strong> an attempt to accommodate competing nationalisms through innovative constitutional arrangements. Therange <strong>of</strong> policy options devised by negotiators is increasingly underwritten by international law in attempts to respondto demands for external self-determination (for example, independence) by providing internal self-determination (forexample, effective minority participation in decision-making through autonomy or consociationalism). Although it istoo early to talk <strong>of</strong> a legal right to this broad concept <strong>of</strong> ‘international self-determination’, the notion fi nds support inproliferating international instruments on minority rights.There is, however, another perspective from which to evaluate the political arrangements which emerge as a result <strong>of</strong>peace processes. The confl ict settings that peace agreements address tend to be characterized by grassroots mobilizationin the form <strong>of</strong> a vibrant civil society, <strong>of</strong>ten with transnational links. The roles that civil society organizations play duringviolent confl ict mutate and continue into peace processes. Importantly, this is frequently refl ected in specifi c provisions inpeace agreements underpinning civil society involvement in peace processes and beyond. Recognizing the importance <strong>of</strong>these developments, TJI research seeks to advance the re-conceptualization <strong>of</strong> core notions <strong>of</strong> ‘democracy’, ‘citizenship’and ‘political participation’, and the relationship between formal political institutions and civil society. Among otherthings, these developments are particularly relevant to understanding women’s participation in <strong>transitional</strong> contexts – atopic that forms a major strand <strong>of</strong> our work on Gender, confl ict and transition.Aims <strong>of</strong> TJI research in this area• Develop socio-legal analyses <strong>of</strong> Peace Agreements as a specialist subfield in <strong>transitional</strong> <strong>justice</strong>• Examine and evaluate the directions <strong>of</strong> international law relating to minority rights, democratic participation, andequality with particular reference to peace agreements• Interrogate theoretically the relationship <strong>of</strong> group rights to individual rights, in particular that <strong>of</strong> equality• Examine and evaluate the extent to which ‘democratic participation’ requires new concepts <strong>of</strong> ‘participatorydemocracy’ as an alternative to representative democracy• Consider the relationship <strong>of</strong> peacemaking vis-à-vis ethnic-nationalist divisions in comparison to other divisions, forexample, those based on gender or class• Provide analyses <strong>of</strong> the Northern Irish approach to dealing with difference across a range <strong>of</strong> political and legalinstitutions.Indicative ProjectsMinorities and self determination• Equality and socio-economic rights: Theoretical and comparative analyses (Anne Smith, Thomas Bundschuh)• Constitutionalizing equality: A comparative study (Anne Smith)• Critical perspectives on political accommodation, minority and indigenous peoples’ rights, and self-determination(Jérémie Gilbert, Khanyisela Moyo, Catherine Turner)• Constitutionalism and consociationalism: The case <strong>of</strong> Fiji (Venkat Iyer)Political participation• Transitions from conflict and participatory democracy (Christine Bell, Catherine O’Rourke)• Civil society engagement in bills <strong>of</strong> rights drafting processes (Anne Smith)• Women’s movements, civil society and peace agreements (Catherine O’Rourke)• Global civil society: international law and organizations as sites <strong>of</strong> local-global advocacy (Niamh Reilly)• Habermasian communicative ethics and conflict resolution in Northern Ireland (Kirk Simpson)• Political leadership in the Northern Ireland peace process (Cathy Gormley-Heenan)Indicative Publications• Bell, Christine, Peace Agreements and Human Rights. Oxford: Oxford <strong>University</strong> Press, 2000.• Domínguez, Elvira, Minority Rights in Asia: A Comparative Legal Analysis Oxford: Oxford <strong>University</strong> Press (2006)(co-author with Joshua Castellino)• Gilbert, Jérémie, Indigenous Peoples’ Land Rights under International Law: From Victims to Actors (TransnationalPublishers-Martinus Nijh<strong>of</strong>f, 2006).• Bell, Christine, “Human Rights Nongovernmental Organisations and the Problems <strong>of</strong> Transition.” 26 Human RightsQuarterly (2004): 331 (co-author with J Keenan)10


4.3 Transformation <strong>of</strong> legal institutionsTypically, <strong>justice</strong> claims lie at the heart <strong>of</strong> confl ict and must be addressed in negotiating an end to confl ict. This implicateslegal institutions. Different communities within a jurisdiction may have differing degrees <strong>of</strong> confi dence in legal institutionsand processes. There may be confl icting views over the extent to which legal institutions have been complicit in themaintenance and management <strong>of</strong> the confl ict, and confl icting views about the necessity and capability <strong>of</strong> reform (e.g.policing institutions).Peace agreements frequently include legal and other institutional reforms which aim to address these confl icts. However,peace agreements typically set out broad frameworks that leave institutional change to the implementation phase.This means that institutional reform tends to occur outside <strong>of</strong> formal negotiating processes and on a piecemeal basis.Experience in Northern Ireland and elsewhere has demonstrated that when this occurs unresolved and outstandingissues from the negotiation process become intertwined in the process <strong>of</strong> institutional reform. Institutional reforms<strong>of</strong>ten address, to different degrees:• Overarching justiciable rights (e.g. through bills <strong>of</strong> rights) including civil, political, social, economic and cultural rights(and/or policy alternatives)• Constitutional or human rights courts and issues <strong>of</strong> judicial independence• National human rights enforcement institutions (e.g. human rights commissions)• Rights-based reform <strong>of</strong> the criminal <strong>justice</strong> system• Rights-based reform <strong>of</strong> policingAims <strong>of</strong> TJI research in this area• Consider ‘best practice’ with regard to institutions using international comparative experience• Examine institutional transformation in Northern Ireland in comparative context• Provide specifi c policy oriented research relevant to institutional development in Northern IrelandIndicative projects• The legal regulation <strong>of</strong> public protest (Michael Hamilton)• National human rights institutions in transitions (Anne Smith)• Policing and transition (Mary O’Rawe)• The relationship between customary and national legal systems (Jérémie Gilbert)• Legal remedies in the African human rights system (Gina Bekker)• Land rights in agreements between states and indigenous peoples (Jérémie Gilbert)• Equality and socio-economic rights: theoretical and comparative analyses (Anne Smith, Thomas Bundschuh)• Women and the implementation <strong>of</strong> the Good Friday / Belfast AgreementIndicative Publications• Kretzmer, David, The Occupation <strong>of</strong> Justice: The Supreme Court <strong>of</strong> Israel and the Occupied Territories SUNY Press(2002).• O’Rawe, Mary, “Human Rights and Police Training in Transitional Societies: Exporting the Lessons from NorthernIreland.” 27(3) Human Rights Quarterly (2005).• Hamilton, Michael, “Freedom <strong>of</strong> Assembly, Consequential Harms and the Rule <strong>of</strong> Law: Liberty Limiting Principles inthe Context <strong>of</strong> Transition.” 27(2) Oxford Journal <strong>of</strong> Legal Studies (2006).• Smith, Anne, “The Unique Position <strong>of</strong> National Human Rights Institutions: A Mixed Blessing?” Human Rights Quarterly(2006).11


4.4 Dealing with the pastSuccessful transitions in recent years have almost invariably been characterized by attempts to engage with the past.Conversely, experience warns that failure to address the past adequately may hinder prospects for a successful transition.Dealing with the past may be viewed as comprising two aspects: (1) Undoing the Past, typically by attempting to ‘undo’the displacement <strong>of</strong> people and dispossession <strong>of</strong> land which occurred before and during the confl ict; and (2) Accountingfor the Past, for instance through the use <strong>of</strong> truth commissions and domestic or international courts and tribunals.Attempts at devising legal mechanisms for dealing with the past challenge accepted notions <strong>of</strong> the role <strong>of</strong> prosecution, trialand punishment. International law increasingly articulates a seemingly infl exible demand for trials for those responsiblefor major violations. Yet paradoxically, peace-making, reconciliation and truth-telling may be facilitated by a measure<strong>of</strong> immunity from prosecution, and prisoner-releases have been a feature <strong>of</strong> most confl ict-resolution processes. Truthcommissions, with their novel approaches to accountability, may <strong>of</strong>fer a way to square this circle, even if a degree<strong>of</strong> confl ict with legal norms is involved. Yet such mechanisms cannot be said to represent an escape from law, sincesuccessful truth commissions almost invariably require a legal mandate. Others champion individual criminal trials asroutes to truth and reconciliation. Yet others (however critically) point to alternative ‘weeding out’ (or lustration)mechanisms, whereby those involved in past violations are prevented by administrative or quasi-judicial means frompublic participation in new institutions.TJI research aims to <strong>of</strong>fer a critique <strong>of</strong> existing mechanisms (both theoretical and practical) with policy suggestions fordomestic and international audiences. The Institute aims to make a direct contribution to ideas <strong>of</strong> ‘truth-telling’ throughspecifi c projects that examine the legal framework governing key events in the confl ict and the transition in NorthernIreland. These use socio-legal and archive-based methodologies, and explore the relationship between the confl ict andthe domestic legal framework that governs it.Aims <strong>of</strong> TJI research in this area• Provide analyses <strong>of</strong> the relevant legal standards• Examine the utility <strong>of</strong> traditional theories <strong>of</strong> prosecution and punishment, such as deterrence, with regard to<strong>transitional</strong> <strong>justice</strong> mechanisms• Explore dilemmas <strong>of</strong> how to account for the past in the Northern Ireland context, in light <strong>of</strong> the demands <strong>of</strong>reconciliation and the needs <strong>of</strong> victims, with a focus on examining the appropriateness <strong>of</strong> legal mechanisms for dealingwith the legacy <strong>of</strong> violations by state and non-state actors (paramilitary groups)• Draw lessons from the experience <strong>of</strong> Northern Ireland for other <strong>transitional</strong> situationsIndicative projects• Dealing with the past in Northern Ireland (Christine Bell, Kirk Simpson, Bill Rolston)• Policing and the past in Northern Ireland (Mary O’Rawe)• The Bloody Sunday Tribunal (Angela Hegarty)• Victim-hood, memory, political violence and notions <strong>of</strong> <strong>transitional</strong> <strong>justice</strong> (Kirk Simpson)• The release and resettlement <strong>of</strong> paramilitary prisoners in Northern Ireland (Clare Dwyer, Grainne McKeever,Bill Rolston)• Imputed criminal liability and the goals <strong>of</strong> international <strong>justice</strong> (Shane Darcy)• Truth and reconciliation in transitions in Africa (Edwin Abuya, Eugene McNamee)• Transition in postcolonial societies (Khanyisela Moyo)• Socio-economic rights in <strong>transitional</strong> <strong>justice</strong> (Thomas Bundschuh)• Indigenous Peoples and Land Restitution (Jérémie Gilbert)Indicative Publications• Clark, Phil, Rebuilding after Genocide: Transitional Justice, Post Confl ict Reconstruction and Reconciliation in Rwanda,2006 (forthcoming) (co-editor with Z Kaufman).• Darcy, Shane, Truth Commission and Courts: The Tension between Criminal Prosecutions and the Search for Truth.The Hague: Kluwer Academic Publishers, 2005. (co-editor with W Schabas)• Bell, Christine, “Dealing with the Past in Northern Ireland.” 26 Fordham International Law Journal (2003): 1095.12


4.5 Gender, conflict and transitionIn recent years, the growing visibility <strong>of</strong> sexual violence against women as a primary feature <strong>of</strong> confl icts has promptednew research and analyses, which have brought attention to war and confl ict as pr<strong>of</strong>oundly gendered phenomena.Women experience confl ict as direct casualties (particularly where civilians are targeted in confl icts within states), ascombatants, as refugees, and as targets <strong>of</strong> wartime sexual violence and domestic violence. As primary carers in mostsocieties, women also bear a particular burden during confl icts, through losing family members, coping with loss <strong>of</strong> work,and sustaining community and social structures. In particular, feminist scholarship has advanced understanding <strong>of</strong> thegendered interplay <strong>of</strong> nationalism, racism and violence against women in conflict situations.In contrast, however, the role and gendered experiences <strong>of</strong> women in transitions have received less attention. The peaceprocesses that produce <strong>transitional</strong> mechanisms are almost exclusively male – indeed the term ‘peace process’ is <strong>of</strong>tenonly applied when political and military elites (mostly men) come to the table to negotiate, even though ‘track two’ civilsociety attempts to resolve confl ict (usually involving women) are typically on-going (See Peace Agreements as a Meansfor Promoting Gender Equality and Ensuring Participation <strong>of</strong> Women).More generally, feminist scholars have documented women’s extensive engagement in peace initiatives, and in nationalliberation and democracy struggles, followed by their subsequent marginalization. Further, while feminist advocates havesuccessfully sought the inclusion <strong>of</strong> women and gender-based violations in various peace agreements and <strong>transitional</strong><strong>justice</strong> mechanisms, such as tribunals and truth commissions, they simultaneously remain ambivalent about the capacity<strong>of</strong> traditional legal and political institutions to deliver gender <strong>justice</strong> and equality. Furthermore, feminist legal and politicaltheory has provided well-documented critiques <strong>of</strong> the public/private divide, the limits <strong>of</strong> the law and liberal democracyin providing equality for women, and the diffi culties <strong>of</strong> feminist theorization <strong>of</strong> the state, which are all directly relevantto the study <strong>of</strong> <strong>transitional</strong> <strong>justice</strong>.Aims <strong>of</strong> TJI <strong>Research</strong> in this area:• Critically examine the role <strong>of</strong> law and legal institutions in addressing gender-based violations in confl ict situations,including sexual violence and other forms <strong>of</strong> violence against women.• Provide analyses <strong>of</strong> the gendered dimensions <strong>of</strong> legal and political institutions and processes in transitions.• Document and develop analyses <strong>of</strong> women’s political participation and feminist politics in transitions• Bring wider feminist analyses <strong>of</strong> international human rights and humanitarian law and political theory to bear onquestions <strong>of</strong> <strong>transitional</strong> <strong>justice</strong>Indicative Projects• Gender, law, conflict and transition (Christine Bell, Catherine O’Rourke, Fionnuala Ní Aolaín, Catherine Turner)• Feminist political and legal theory: rethinking democracy, equality and human rights (Christine Bell, CatherineO’Rourke, Niamh Reilly, Eilish Rooney)• Women’s movements, civil society and peace agreements (Catherine O’Rourke)• Female sexual slavery, traffi cking legislation, and international law (Adrienne Reilly)• Transnational feminist advocacy and women’s human rights (Niamh Reilly)• Women and the implementation <strong>of</strong> the Good Friday AgreementIndicative Publications• Reilly, Niamh, Women’s Human Rights: Seeking Gender Justice in a Globalising Age. London: Polity Press, 2007• Ní Aolain, Fionnuala, “Political Violence and Gender in Times <strong>of</strong> Transition” Columbia Journal <strong>of</strong> Gender and the Law(2006)• Reilly, Adrienne, “Slavery Legislation Vs Traffi cking Legislation in Prosecuting the Crime <strong>of</strong> Female Sexual Slavery: TheInternational Law Perspective.” In Traffi cking and Women’s Rights, edited by C Van Den Anker and J Doomernik:Palgrave Macmillan, 2006.In addition, TJI has a number <strong>of</strong> special projects that cut across the Institute’s research themes. Currently, these include:Law and the ‘war on terror’; Peace agreements and Women and the Implementation <strong>of</strong> the Good Friday/Belfast Agreement.More information is available on our website.13


5. RESEARCH INSTITUTE MEMBERS5.1 CORE STAFF MEMBERSEDWIN ABUYAEdwin is a lecturer in Human Rights and International Law at the Transitional Justice Institute. Educated in Kenya,South Africa and Australia, he completed a doctoral (SJD) thesis in international human rights and refugee law atThe <strong>University</strong> <strong>of</strong> Sydney. The thesis argued that in order to meet the plight facing victims <strong>of</strong> forced migration,African states must look for directions and perspectives from within, rather than outside. Emphasis needs to beplaced on locally engineered answers, not ideas from the West. To this end, their objective can be seen as two-fold.States must aim at designing an asylum protection scheme that pragmatically considers refugee fl ows from theirneighbouring countries. They must also consider their ability to police their boundaries. This approach must atthe same time take cognisance <strong>of</strong> international standards governing the humanitarian treatment <strong>of</strong> refugees andasylum seekers. It is also important that efforts be made to address the causes <strong>of</strong> migration, not merely its tragicaftermath. He has also obtained degrees in Law from the Universities <strong>of</strong> Cape Town (LLM) and Nairobi (LLB). Hehas previously taught law in Kenya and in Australia. Edwin has also practiced law for several years in Kenya.Edwin’s research interests lie in the areas <strong>of</strong> legal research, international asylum, legal theory, humanitarianand immigration laws as well as <strong>transitional</strong> <strong>justice</strong>, generally speaking. He has published a number <strong>of</strong> articlesand delivered conference papers on these themes. He is willing to supervise those who intend to undertakeresearch in these areas. His active research projects include: Abandoning the Past? Truth, Justice and ReconciliationCommission for Kenya: Challenges and Prospects and Strengthening International Asylum: The Convention AgainstTorture as a Tool for Protecting Forced Migrants.CHRISTINE BELLChristine was born and brought up in Belfast. She is currently Director <strong>of</strong> the TransitionalJustice Institute, and Pr<strong>of</strong>essor <strong>of</strong> Public International Law at <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> (based atMagee Campus). She read law at Selwyn College, Cambridge, (1988) and gained an LL.Min Law from Harvard Law School (1990), supported by a Harkness Fellowship. In 1990 shequalifi ed as a Barrister at law. She subsequently qualifi ed as an Attorney-at-law in New York,practicing for a period at Debevoise & Plimpton, NY. From 1997-9 she was Director <strong>of</strong> theCentre for International and Comparative Human Rights Law, Queen’s <strong>University</strong> <strong>of</strong> Belfast.She has been active in non-governmental organizations, and was chairperson <strong>of</strong> Belfast-basedHuman Rights organization, the Committee on the Administration <strong>of</strong> Justice from 1995-7, and a founder member<strong>of</strong> the Northern Ireland Human Rights Commission established under the terms <strong>of</strong> the Belfast Agreement. In1999 she was a member <strong>of</strong> the European Commission’s Committee <strong>of</strong> Experts on Fundamental Rights. She hasauthored the book Peace Agreements and Human Rights (Oxford <strong>University</strong> Press 2000), and a report publishedby the International Council on Human Rights Policy entitled Negotiating Justice? Human Rights and PeaceAgreements (2006). She has also taken part in various peace negotiations discussions, giving constitutional lawand human rights law advice, and also in training for diplomats, mediators and lawyers.Christine’s <strong>Research</strong> interests lie in the areas <strong>of</strong> <strong>transitional</strong> <strong>justice</strong>, peace agreements and international law, minorityrights, discrimination, and gender and law. She is currently working on projects in the following areas: Humanrights and confl ict resolution; Peace agreements and the force <strong>of</strong> law; Gender and <strong>transitional</strong> <strong>justice</strong>; Participatorydemocracy, civil society and transitions from confl ict; Constitutional blueprints for peace and reconciliation on anall-Ireland basis; and dealing with the past in Northern Ireland.14


COLM CAMPBELLColm is one <strong>of</strong> the founding directors <strong>of</strong> the TJI, currently serving as Associate Director. He is also Pr<strong>of</strong>essor <strong>of</strong>Law, in the School <strong>of</strong> Law at UU. In recent years he has held Senior <strong>Research</strong> Fellowships from the British Academyand the Leverhulme Trust, and was elected Visiting Senior <strong>Research</strong> Fellow at Jesus College, Oxford in 2001-02.Prior to joining UU (2000), he served as Pr<strong>of</strong>essor <strong>of</strong> law at the National <strong>University</strong> <strong>of</strong> Ireland, Galway (January1997 – December 1999), and as Director <strong>of</strong> the Human Rights Centre at Queen’s <strong>University</strong> Belfast. He has alsotaught at the <strong>University</strong> <strong>of</strong> Pisa on a visiting basis. Pr<strong>of</strong>essor Campbell held the Civil Liberties <strong>Research</strong> Studentshipat QUB, completing his doctorate in 1989. He holds a BCL degree from the National <strong>University</strong> <strong>of</strong> Ireland (UCD),and is qualifi ed as a solicitor in Ireland. He combines a strong commitment to research in the fi eld <strong>of</strong> human rightsand international humanitarian law with a keen interest in human rights advocacy, locally and globally. A formerchairperson <strong>of</strong> CAJ (the Northern Ireland affi liate <strong>of</strong> the ICJ), he also co-authored one <strong>of</strong> the two human rightsreports produced for the Irish Government’s Forum for Peace and Reconciliation. Colm’s research is focused ontwo main projects: The Paradox <strong>of</strong> Transitions in a Liberal Democratic State and Making ‘Wars on Terror’? GlobalLessons from Northern Ireland.EMER CARLINEmer is the Secretary at the Transitional Justice Institute on the Magee campus. She has worked for TJI sinceNovember 2004 providing invaluable support to the staff and students associated with the Institute at Magee.Previously, she worked in Faculty <strong>of</strong> Social Sciences at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> and is currently on secondmentfrom that department to the TJI.PHIL CLARKPhil is Australian but was born in Khartoum, Sudan, and has lived half <strong>of</strong> his life in differentparts <strong>of</strong> Africa, mainly in Ghana and Côte d’Ivoire. In 2005, he received his DPhil in Politicsfrom Balliol College, Oxford <strong>University</strong>, where he studied as a Rhodes Scholar. His thesisexplored issues <strong>of</strong> post genocide <strong>justice</strong> and reconciliation in Rwanda, focusing on thegacaca community courts. His thesis research involved six months fi eldwork in Rwanda andelsewhere in the Great Lakes, where he interviewed around 100 genocide suspects andmore than 100 genocide survivors, community leaders and Rwandan government <strong>of</strong>fi cialsregarding issues <strong>of</strong> <strong>justice</strong> and reconciliation. He is currently lead researcher and author<strong>of</strong> a project on behalf <strong>of</strong> the International Criminal Court (ICC), funded by the Open Society Justice Initiative,exploring issues <strong>of</strong> the complementarity <strong>of</strong> the ICC investigations and prosecutions and national and communitylevel <strong>justice</strong> processes in the Democratic Republic <strong>of</strong> Congo (DRC) and Uganda. The project is based on threemonths’ fi eldwork in the DRC and Uganda in early 2006. Phil is politics editor <strong>of</strong> the Oxonian Review <strong>of</strong> Books, afanatical sportsman and published poet.Phil’s research currently explores <strong>transitional</strong> <strong>justice</strong> issues in Africa, particularly in the Great Lakes region,focusing on community level, national and international processes <strong>of</strong> peace, <strong>justice</strong>, healing and reconciliation.His work explores the various complementarities and clashes <strong>of</strong> the gacaca courts, national courts and theInternational Criminal Tribunal for Rwanda (ICTR); the mato oput cleansing rituals, the Amnesty Commission andthe International Criminal Court (ICC) (in the Ugandan case); and the barza village hearings, the military tribunals,the Truth and Reconciliation Commission and the ICC (in the Congolese case). Phil also researches evolving<strong>transitional</strong> <strong>justice</strong> concepts, particularly the application <strong>of</strong> moral and political philosophy to <strong>transitional</strong> <strong>justice</strong>.15


ITA CONNOLLYIta is a <strong>Research</strong> Associate in the Transitional Justice Institute. She has a BA (Hons) inPolitics and an MSSc in Criminal Justice Management from Queen’s <strong>University</strong>, Belfast. Aftergraduating, she worked from 1998-2001 in the Linen Hall Library, Belfast, including time spentworking in the Northern Ireland Political Collection. She joined the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> in2001 when she was employed to work with Pr<strong>of</strong>essor Colm Campbell on projects relatingto emergency powers and <strong>transitional</strong> <strong>justice</strong>. In September 2003 she was a Visiting Fellow atCornell Law School, participating in the Gender, Sexuality and Family project, and presented apaper while there. She assisted with the organisation <strong>of</strong> the ESRC funded Transitional JusticeSeminar Series, and co-presented a paper at the ‘Emergency and Anti-Terrorist Powers in Transition’ seminar. InMay 2004 she was a participant at the International Workshop, ‘Justice in Transition: Northern Ireland and Beyond’in Oñati, Spain. She also presented a paper jointly with Pr<strong>of</strong>essor Campbell at the 33rd annual conference <strong>of</strong> theEuropean Group for the Study <strong>of</strong> Deviance and Social Control, held in Belfast in September 2005.Ita is currently working with Pr<strong>of</strong>essor Campbell on two main projects: ‘Emergency Powers and Politically motivatedViolence: The Lessons <strong>of</strong> Northern Ireland’, and ‘Justice in Transition? The Case <strong>of</strong> Northern Ireland’. In addition tothese projects, her research interests lie in the fi eld <strong>of</strong> political violence, confl ict resolution and <strong>transitional</strong> <strong>justice</strong>.She is currently undertaking a PhD on the comparative politics <strong>of</strong> the United States and the United Kingdom inrelation to emergency and anti-terrorism legislation. She is also involved in ongoing TJI work on the War on Terrorand the ‘rule <strong>of</strong> law’.SHANE DARCYDr. Shane Darcy is a lecturer at the Transitional Justice Institute and School <strong>of</strong> Law at the<strong>University</strong> <strong>of</strong> <strong>Ulster</strong>, based on the Magee campus. He holds a B.A. from the <strong>University</strong> <strong>of</strong>Limerick (2001) and LL.M in international human rights law from the National <strong>University</strong> <strong>of</strong>Ireland, Galway (2002). He completed his Ph.D at the National <strong>University</strong> <strong>of</strong> Ireland, Galwayin 2005. Prior to joining the Institute, Shane was a doctoral fellow at the Irish Centre forHuman Rights in Galway. He was awarded the Irish <strong>Research</strong> Council for the Humanitiesand Social Sciences Post-Graduate Scholarship in 2004. In recent years, he has engagedin research and advocacy work for various non-governmental human rights organisationsincluding Al-Haq, the West Bank affi liate <strong>of</strong> the International Commission <strong>of</strong> Jurists, and Human Rights for Change,<strong>of</strong> which he is a founding member. Shane is Managing Editor <strong>of</strong> Criminal Law Forum, an international journalpublished by Springer.Shane’s main research interests lie in the fi elds <strong>of</strong> international humanitarian law, human rights, internationalcriminal law and <strong>transitional</strong> <strong>justice</strong>. He is particularly interested in the legal regulation <strong>of</strong> conduct during times<strong>of</strong> war and states and emergency, and has previously written on the laws <strong>of</strong> occupation and the protection <strong>of</strong>civilian property, the lawfulness <strong>of</strong> belligerent reprisals and the protection <strong>of</strong> minorities during emergencies. Much<strong>of</strong> Shane’s work is also concerned with accountability before international criminal tribunals and the interactionbetween criminal processes and truth seeking mechanisms. He is currently working on a book which explorescollective responsibility under international humanitarian law and international criminal law, and the evolution <strong>of</strong>the concept since the creation <strong>of</strong> these legal regimes. The book seeks to address also the compatibility <strong>of</strong> modes<strong>of</strong> imputed criminal liability with the goals <strong>of</strong> international criminal <strong>justice</strong>.16


ELVIRA DOMÍNGUEZ REDONDOElvira joined the Transitional Justice Institute as an RCUK Post Doctoral Fellow in September2006. She was awarded a PhD for her study <strong>of</strong> Special Procedures at the United Nations, atUniversidad Carlos III de Madrid (Spain) in 2004. She has extensive experience <strong>of</strong> teachingpublic international law and human rights law as an assistant pr<strong>of</strong>essor at Universidad CarlosIII de Madrid (1997-2005) both at undergraduate and postgraduate level. She has participatedin training programmes in India, Malta, Spain, Syria, Mexico and China. More recently, shehas also taught modules in International Humanitarian Law, Reservation to Human RightsTreaties, and the European Convention <strong>of</strong> Human Rights at the Irish Centre for HumanRights, NUI Galway. She was awarded a Post- Doctoral fellowship by the Irish <strong>Research</strong> Council for Social Sciencesand the Humanities for research on a project that sought to examine the foundations <strong>of</strong> human rights law andthe acquired competencies <strong>of</strong> human rights bodies. She has worked as a consultant at the Offi ce <strong>of</strong> the HighCommissioner for Human Rights, Geneva, specifi cally working on the thematic mandate <strong>of</strong> torture. In 2002 and2003 she was Director <strong>of</strong> Academic Studies with responsibility for delivery <strong>of</strong> a month long postgraduate coursespecialising in International and European Human Rights Law at Universidad de Alcala de Henares (Madrid).Elvira’s research interests lie in public international law and human rights legal theory with particular focus onUN institutions. She is currently undertaking research on the UN process <strong>of</strong> reform concerning the creation <strong>of</strong>the UN Council <strong>of</strong> Human Rights and its refl ection in the work <strong>of</strong> the UN Peace-Building Commission. Specialattention is paid to the inter-linking <strong>of</strong> the new Universal Periodic Review mechanism <strong>of</strong> the UN Council <strong>of</strong>Human Rights with the work <strong>of</strong> the Peace- Building Commission in post-conflict situations. The legitimacy andlegal foundations <strong>of</strong> the work <strong>of</strong> several bodies <strong>of</strong> the UN dealing with the promotion and protection <strong>of</strong> humanrights is an underlying question explored throughout the research. In addition, Elvira is researching in the area <strong>of</strong>the resurgence <strong>of</strong> the debate surrounding the absolute prohibition <strong>of</strong> torture.CLARE DWYERClare Dwyer is a Lecturer at the Transitional Justice Institute, <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>, Jordanstown(UUJ). She teaches in the areas <strong>of</strong> International Human Rights Law, International CriminalJustice & Law Enforcement and Criminal Law. Prior to taking up post with UUJ, Clare workedwithin the School <strong>of</strong> Law at Queen’s <strong>University</strong> Belfast (QUB) and was involved in a researchproject evaluating Children’s Rights in Northern Ireland. From 2002 – 2004, she workedas Projects Manager for Donnelly-Hall Ltd, a management and research consultancy whichwas engaged by the Department for International Development, World Bank and the UnitedNations, to provide technical assistance in the areas <strong>of</strong> legislation and criminal <strong>justice</strong> tocountries from the former Soviet Union and Former Yugoslavia. Clare has been involved in projects reviewingand updating legislation in Kosovo and the Safety, Security and Access to Justice Programme (SSAJP) which aimedat improving safety, security and access to <strong>justice</strong> in order to prevent violent confl ict in Bosnia & Herzegovina,Croatia, Kosovo, Macedonia and Serbia & Montenegro. From 2000 – 2002 Clare worked as a part-time tutor at theSchool <strong>of</strong> Law and worked on a number <strong>of</strong> research projects based in the Institute <strong>of</strong> Criminology and CriminalJustice at QUB. Clare is currently writing up her doctorate at the School <strong>of</strong> Law, Queen’s <strong>University</strong> Belfast.Clare’s main research is in the areas <strong>of</strong> Paramilitary ex-Prisoners, Prisons, Transitional Justice. Her doctorial thesisexamines the release and resettlement <strong>of</strong> paramilitary prisoners in Northern Ireland. Through her research sheexplores the experiences <strong>of</strong> ex prisoners and the role they have in a <strong>transitional</strong> society. Her research seeks touncover the importance <strong>of</strong> ‘self help’ organisations and to critique the role they play in the resettlement process.The research draws on issues both republican and loyalist ex prisoners encounter in a post confl ict society, namelybarriers to resettlement, dealing with the past and the issue <strong>of</strong> truth and their role in the wider community. Sheis also interested in the area <strong>of</strong> Children’s Rights. She worked on a major research project at Queens <strong>University</strong>Belfast which explored children’s rights in Northern Ireland. This project addressed the implementation <strong>of</strong> the UNConvention’s general principles i.e. non-discrimination, best interests <strong>of</strong> the child and the child’s right to be heard.It examined specifi c issues/fields <strong>of</strong> activity which were being ignored or underplayed in terms <strong>of</strong> legal provisions,policy and practice. She is a member <strong>of</strong> the Committee on the Administration <strong>of</strong> Justice, the British Society <strong>of</strong>Criminology, Amnesty International, Socio-Legal Studies Association and Howard League for Penal Reform.17


JÉRÉMIE GILBERTJérémie joined the Transitional Justice Institute as a Lecturer in February 2005. Prior to this hewas a teaching fellow at the European Masters in Human Rights and Democratization (Venice)and a guest lecturer at the Centre for the Study <strong>of</strong> Global Ethics (<strong>University</strong> <strong>of</strong> Birmingham).He worked for different NGOs such as the South Asia Human Rights Documentation Centrein India and Greenpeace in both France and Canada. He holds a PhD in international humanrights law, an LLM from the Irish Centre for Human Rights (Galway) and, a Maitrise en DroitInternational Public from the Université du Québec in Montreal and Université Paris X(Nanterre). He is a member <strong>of</strong> Minority Rights Group International’s Advisory Board on theLegal Cases Programme, and regularly collaborates with Survival International. He is a founding member <strong>of</strong> Galwaybased human rights group Human Rights for Change. He is a frequent contributor to the minority rights summercourse at the Irish Centre for Human Rights in Galway and regularly teaches on the European Masters in HumanRights and Democratization in Venice.Jérémie’s research focuses on indigenous peoples and minority rights. He has published a monograph and variousbook chapters and articles on indigenous peoples’ land rights. His particular area <strong>of</strong> interest is on indigenouspeoples’ land rights under international law, particularly looking at the role <strong>of</strong> human rights law in territorialnegotiations between states and indigenous peoples. As part <strong>of</strong> his research he has attended several UN meetingson the issue <strong>of</strong> indigenous peoples’ land rights. His current work focuses on the protection <strong>of</strong> nomadic peoplesunder international law, the role <strong>of</strong> human rights law in dealing with past violations, and the development <strong>of</strong>autonomous arrangements between states and indigenous peoples. His research examines the reception <strong>of</strong>customary indigenous peoples’ laws by national jurisdictions. He is also undertaking some research on the role<strong>of</strong> human rights in promoting cultural diversity and multiculturalism. Furthermore his research focuses on therelationship between human rights law and the protection <strong>of</strong> the natural environment. He is currently involved ina signifi cant research projects led by the UMR de droit comparé (CNRS - Paris 1 Panthéon-Sorbonne) on militaryjurisdictions.LISA GORMLEYLisa Gormley has been the Administrator for the Transitional Justice Institute since September2003. She graduated from Queen’s <strong>University</strong> Belfast in 2004 with an LLM in Human RightsLaw, where her research focused on anti-discrimination and equality law, and more specifi callySection 75 <strong>of</strong> the Northern Ireland Act. She also has a BA (Hons) in Sociology from Queen’s<strong>University</strong> Belfast. Lisa has extensive experience in the human rights fi eld and the publicsector. She worked for the Northern Ireland Human Rights Commission for over four yearsfrom 1999-2003 and is currently a member <strong>of</strong> the Executive Committee <strong>of</strong> the Belfast-basedNGO - the Committee on the Administration <strong>of</strong> Justice (CAJ). Lisa is also a part-time MBAstudent at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> at Jordanstown.ELAINE MCCOUBREYElaine is the Secretary at the Transitional Justice Institute on the Jordanstown campus. Shehas worked for the TJI since November 2005 and has provided the staff and students at theJordanstown campus with invaluable support. She previously worked in the private sectorholding various secretarial and administrative positions.18


MICHAEL HAMILTONMichael graduated with an LLB from the <strong>University</strong> <strong>of</strong> Kent in 1997. He holds an MA in IrishStudies from the Institute <strong>of</strong> Irish Studies, Queen’s <strong>University</strong> Belfast (1998) and a PhD fromthe School <strong>of</strong> Law, <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> (2003). His research has focused on the legal regulation<strong>of</strong> public protest, and particularly on parade disputes in Northern Ireland. In 2005, he was anexpert adviser on freedom <strong>of</strong> assembly to the Organization for Security and Co-operationin Europe (OSCE) providing advice to the Armenian Government on proposed amendmentsto its ‘Law on Assemblies and Demonstrations.’ He has twice presented evidence to theNorthern Ireland Affairs Select Committee in its reviews <strong>of</strong> the work <strong>of</strong> the NorthernIreland Parades Commission, and has delivered training to monitors for the Parades Commission and to stewardsinvolved in the Trade Justice movement. He was appointed to the Transitional Justice Institute (initially as a TeachingFellow) in September 2003, was module co-ordinator for ‘Human Rights and Equality Law’ (2004-05). He iscurrently a lecturer in the TJI and is co-ordinator for the LLM ‘Dissertation’ module (2005-06).Michael’s research interests include public order, freedom <strong>of</strong> assembly, and policing, looking particularly at the legalregulation <strong>of</strong> public protest; human rights and confl ict resolution; identity politics and the struggle for recognition.In 2005, he was involved with Moritz College <strong>of</strong> Law, Ohio State <strong>University</strong> on a project examining institutionaldesign, identity based confl ict and Alternative Dispute Resolution. He is presently working on a project examiningprinciples <strong>of</strong> free speech (‘fi ghting words’, ‘incitement to hatred’ etc) as they relate to periods <strong>of</strong> transition andthe dramatization <strong>of</strong> allegiances to ex-combatant organisations. He is also working with the OSCE/ODIHR ona project aimed at drafting guidelines for legislators on freedom <strong>of</strong> assembly issues (drawing on experiences <strong>of</strong>rallies and demonstrations in the Caucasus, Central Asia, Western and Eastern Europe, and North America).FIONNUALA NI AOLÁINFionnuala is Pr<strong>of</strong>essor <strong>of</strong> Law at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>’s Transitional Justice Institute inBelfast, Northern Ireland. She received her LLB and PhD in law at the Queen’s <strong>University</strong>Law Faculty in Belfast, Northern Ireland. She also holds an LLM degree from Columbia LawSchool. Pr<strong>of</strong>essor Ní Aoláin concurrently holds the Dorsey and Whitney Chair in Law at the<strong>University</strong> <strong>of</strong> Minnesota Law School. She has previously been Visiting Scholar at Harvard LawSchool (1993-94); Associate-in-Law at Columbia Law School (1994-96); Visiting Pr<strong>of</strong>essor atthe School <strong>of</strong> International and Public Affairs, Columbia <strong>University</strong> (1996-2000); AssociatePr<strong>of</strong>essor <strong>of</strong> Law at the Hebrew <strong>University</strong> in Jerusalem, Israel (1997-99) and Visiting Fellowat Princeton <strong>University</strong> (2001-02). Pr<strong>of</strong>essor Ní Aoláin is the recipient <strong>of</strong> numerous academic awards including aFulbright scholarship, the Alon Prize, the Robert Schumann Scholarship, a European Commission award, and theLawlor fellowship. She was a representative <strong>of</strong> the Prosecutor at the ICTY at domestic war crimes trials in Bosnia(1996-97). In 2003, she was appointed by the U.N. Secretary-General as Special Expert on promoting genderequality in times <strong>of</strong> confl ict and peace-making. In 2004, she was nominated by the Irish government as judge to theEuropean Court <strong>of</strong> Human Rights. She was appointed by the Irish Minister <strong>of</strong> Justice to the Irish Human RightsCommission in 2000, and is a member <strong>of</strong> the Joint Committee <strong>of</strong> the Northern Ireland Human Rights Commissionand the Irish Commission for Human Rights.Pr<strong>of</strong>essor Ni Aoláin researches in the fi elds <strong>of</strong> emergency powers, confl ict regulation, <strong>transitional</strong> <strong>justice</strong> and sexbased violence in times <strong>of</strong> war. Her fi rst book The Politics <strong>of</strong> Force (Blackstaff Press, 2000) examined the use <strong>of</strong>force by state agents during the confl ict in Northern Ireland and contained a unique empirically based analysis <strong>of</strong>all confl ict related deaths in the jurisdiction by state agents. The theoretical and policy focus <strong>of</strong> the research waslocated in an examination <strong>of</strong> the relationship between international humanitarian law and international humanrights law. Pr<strong>of</strong>essor Ni Aoláin’s work has continued to focus on the inter-section between human rights andhumanitarian norms. Her forthcoming book Law in Times <strong>of</strong> Crisis (CUP 2006) examines from a theoretical andsystems analysis the manner in which legal systems (broadly defi ned) respond to crisis (both internal and external).The book proposes three models for understanding the exercise <strong>of</strong> emergency powers across jurisdictions andlegal systems. A substantial component <strong>of</strong> the research explores the relationship between and oversight <strong>of</strong> crisisby international law. She also writes extensively on theoretical aspects <strong>of</strong> transition, as well as on gender <strong>justice</strong> inconfl ict and post-conflict situations.19


MARY O’RAWEMary graduated in 1990 with a fi rst class honours degree in English and French Law from the <strong>University</strong> <strong>of</strong>Kent. She completed an LLM in Human Rights, Emergency Law and Discrimination at Queen’s <strong>University</strong> Belfast,before taking up practice at the Bar in Northern Ireland and, later, a lectureship at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>. Maryis a long time member and former chair <strong>of</strong> the Committee on the Administration <strong>of</strong> Justice, and co-founder <strong>of</strong>the Northern Ireland Lawyers’ Section <strong>of</strong> Amnesty International. Over the past 15 years she has researchedextensively in the fi eld <strong>of</strong> criminal <strong>justice</strong> and human rights, with her current focus being on policing in societiesin transition. Since 1999 she has acted as human rights consultant to An Garda Siochâna and currently sits on theNational Strategic Human Rights Advisory Committee advising the Commissioner on human rights compliance.Mary has also acted as advisor to various international initiatives looking at policing, and as a consultant to theNorthern Ireland Human Rights Commission, among other bodies. Mary is currently Senior Lecturer at the TJIwhere she has had responsibility for the development <strong>of</strong> a new LLM in Human Rights Law.Mary’s current research examines policing in <strong>transitional</strong> societies – what policing means in these contexts, andhow what happens in respect <strong>of</strong> policing reform impacts on the broader peace-building project. Her work drawson international experience and human rights norms, bringing these to bear on developments in Northern Ireland,and elsewhere. Through a focus on the Patten process and its outworkings over the past decade, her concernhas been to advance lessons for any society where policing and state legitimacy have been contested. To this end,she has charted the development <strong>of</strong> new accountability structures such as the Police Ombudsman for NorthernIreland, and considered issues around police training and human rights education. Ongoing work is concernedwith truth recovery relating to past police human rights abuses. She is also considering the potential impact <strong>of</strong> therecently established police Historical Enquiries Team set up to revisit over two thousand unsolved confl ict-relatedmurders. Her research will form the subject matter <strong>of</strong> a book on Northern Ireland’s policing transition. Thiswill road-map human rights considerations necessary for any jurisdiction undertaking structural change in itspolicing arrangements, and point to the need for policing transformation rather than the reform <strong>of</strong> one or twoinstitutions.CATHERINE O’ROURKECatherine graduated from Queen’s <strong>University</strong> Belfast in 2003 with an LLB in Law and Politics.During her time in Belfast she was involved in a number <strong>of</strong> human rights and children’s rightsinitiatives connected to the Northern Ireland Youth Forum, the Northern Ireland HumanRights Commission, and Amnesty International. She was also heavily involved in the women’scampaign <strong>of</strong> the student movement. In the academic year 2001-2002 the Department <strong>of</strong>Employment and Learning awarded her a ‘Business Education Initiative’ scholarship to studybusiness in Neumann College Pennsylvania. In the summer <strong>of</strong> 2002, she was selected byCornell <strong>University</strong> Law School to work in Tompkins County Department <strong>of</strong> Social ServicesLegal Unit as part <strong>of</strong> the ‘Gender, Sexuality and the Family: Expanding Norms <strong>of</strong> International Human Rights’programme. She graduated from the London School <strong>of</strong> Economics and Political Science with an MSc Genderand Development in 2004. That summer she was also involved with Amnesty International UK in a researchsupport role to the Gender Policy Advisor and the Director <strong>of</strong> the ‘Stop Violence against Women’ campaign. Sheis currently <strong>Research</strong> Assistant to Pr<strong>of</strong>essor Christine Bell in the Transitional Justice Institute, and a PhD candidatewithin the School <strong>of</strong> Law.Catherine’s research interests primarily concern women’s mobilization in confl ict and transition, and what transitionmeans for this mobilization and the position <strong>of</strong> women more generally. This research is interdisciplinary, drawing onfeminist theory, political theory, and socio-legal research. Her active research projects include ongoing work on adatabase <strong>of</strong> peace agreements signed since 1990. She is currently completing a piece co-authored with Pr<strong>of</strong>essorChristine Bell on peace agreements as experiments in participatory democracy, which is intended to form thebasis <strong>of</strong> their own further empirical research in this area. They are also working together on an article seeking toinform feminist legal theory on gender, confl ict and transition, with insights from women’s practical interventionsinto violent confl ict, peace processes, and post-conflict reconstruction. She will present a paper on the impact <strong>of</strong>constitutionalism on feminist engagement with the state at the 2006 Socio-Legal Studies Association Conference.In addition, her provisional PhD title is ‘Participation and Democracy: the Gendered Impact <strong>of</strong> Transition on CivilSociety’.20


DAVID KRETZMERPr<strong>of</strong>essor David Kretzmer has been appointed as Chair (part-time) at the Jordanstown campus and took up poston 1 July 2006. Pr<strong>of</strong>essor David Kretzmer was previously Bruce W. Wayne Pr<strong>of</strong>essor <strong>of</strong> International Law at theHebrew <strong>University</strong> in Jerusalem. His long and outstanding academic career has brought him to teach in numerousuniversities and he has published widely on human rights and humanitarian law. Between 1995 and 2002, he was anExpert Member <strong>of</strong> the UN Human Rights Committee. Pr<strong>of</strong>essor Kretzmer was a Visiting Pr<strong>of</strong>essor at Columbia<strong>University</strong>, 2003 and a Visiting Fellow at the Institute for Advanced Legal Studies, <strong>University</strong> <strong>of</strong> London, 2005.He was also Vice-Chairperson <strong>of</strong> Committee, 2001-2002, Ben Gurion Visiting Pr<strong>of</strong>essor <strong>of</strong> Law, <strong>University</strong> <strong>of</strong>Southern California, 1979 and 1984-85; a Visiting Pr<strong>of</strong>essor, Tulane <strong>University</strong>, 1989 and Visiting Pr<strong>of</strong>essor, Bar-Ilan<strong>University</strong>, 2001-2002. His research interests include constitutional law, judicial decision-making, human rights andinternational humanitarian law. His books notably include: The Occupation <strong>of</strong> Justice: The Supreme Court <strong>of</strong> Israeland the Occupied Territories (SUNY press, 2002).ADRIENNE REILLYAdrienne is a graduate <strong>of</strong> the National <strong>University</strong> <strong>of</strong> Ireland, Galway and <strong>of</strong> The Irish Centre for Human Rights,Galway, Ireland where she undertook her BA and LLM respectively. After graduation she worked as a lawyer inpractice from 2001 - 2002. Since 2002 she has worked as a <strong>Research</strong> Assistant for Pr<strong>of</strong>essor Fionnuala Ní Aoláinat the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>’s Jordanstown Campus, Belfast, Northern Ireland. She is now based with Pr<strong>of</strong>essor NíAoláin at the Transitional Justice Institute (TJI) as a <strong>Research</strong> Associate. Her main research focus is on EmergencyLaws and Gender issues, specifi cally with reference to the application <strong>of</strong> international human rights law andinternational humanitarian law. She co-ordinated the Gender Sexuality and Family Program in Belfast in 2003and has been instrumental in organizing and participating the Transitional Justice Institutes annual events. Shehas presented a number <strong>of</strong> papers on her work internationally, including Cornell Law School, where she was aVisiting Fellow (2003), the American <strong>University</strong> Washington College <strong>of</strong> Law ‘Feminism and Legal Theory Project’(2004) and the <strong>University</strong> <strong>of</strong> Birmingham, Global Ethics Institute, Network <strong>of</strong> European Women’s Rights (NEWR)conference on Traffi cking (2005).Adrienne’s research interests are in the fi elds <strong>of</strong> anti-terrorist legislation in the Republic <strong>of</strong> Ireland; <strong>transitional</strong><strong>justice</strong>; international criminal law; the feminist analysis <strong>of</strong> international law; human rights and humanitarian law inrelation to the right not to be held in slavery or servitude, on which she is undertaking doctoral work lookingspecifi cally at female sexual slavery. She has run seminars on feminist theory, human rights, and equality law at the<strong>University</strong> <strong>of</strong> <strong>Ulster</strong>’s Department <strong>of</strong> Social Sciences. She has also lectured on the United Nations and TransitionalJustice on the Masters in Peacekeeping at the Irish School <strong>of</strong> Ecumemics, Trinity College Dublin.21


NIAMH REILLYNiamh joined TJI as a postdoctoral research fellow in 2005 (Magee Campus). She has aBA (Hons) in Politics and Economics from <strong>University</strong> College Dublin, an MA in Economics(International Development) from the <strong>University</strong> <strong>of</strong> Wisconsin, and a PhD in Politics fromRutgers <strong>University</strong>, New Jersey. Her research interests focus on feminist theory and practicein relation to human rights and transformative politics in global perspective. She has taughtmodules on human rights, feminist and political theory, and confl ict and developmentat various third-level institutions in Ireland and the US. From 1989 to 1996 she was aprogramme associate/director at the Center for Women’s Global Leadership at Rutgers.She has extensive experience <strong>of</strong> United Nations institutions and processes and working with women’s and humanrights NGOs internationally and in Ireland. She served as a gender expert on the Joint Department <strong>of</strong> ForeignAffairs/NGO Standing Committee in the Republic <strong>of</strong> Ireland (1997-1999) and was part <strong>of</strong> a group invited to adviseAmnesty International in the development <strong>of</strong> its ongoing campaign: Stop Violence against Women. Most recently,she was a postdoctoral fellow in Women’s Studies and Politics at the <strong>University</strong> <strong>of</strong> Limerick (2003-2005).Niamh’s interests centre on the role <strong>of</strong> international human rights in transformative political projects drivenby civil society actors. Her work refl ects an interdisciplinary feminist approach informed by critical politicaland legal theory ins<strong>of</strong>ar as: she seeks to map the dynamics <strong>of</strong> ‘emancipatory’ projects; begins with a notion <strong>of</strong>(international) law as a site <strong>of</strong> contestation; and is primarily concerned with examining women’s experiencesand the gendered exercise <strong>of</strong> power. It also builds on critical/feminist international relations and recent work bydemocracy theorists recognizing that globalization, and increasing diversity within ‘nation states’, demand that werethink ideas <strong>of</strong> citizenship, rights and <strong>justice</strong> beyond the state. She is currently writing a book entitled Women’sHuman Rights: Seeking Gender Justice in a Globalising Age which explores transnational feminist advocacy toshape and use international law – from the UN Women’s Convention, to the ICC and Security Council resolution1325. It further advances feminist analyses <strong>of</strong> the interface between human rights and new forms <strong>of</strong> militarization,rising fundamentalisms, and neo-liberal globalisation. She is also developing a comparative research project aimedat positing feminist models <strong>of</strong> ‘democracy’ in <strong>transitional</strong> contexts. The project responds to the marginalization <strong>of</strong>women in post-conflict reconstruction and the failure <strong>of</strong> mainstream <strong>transitional</strong> <strong>justice</strong> discourse to challenge thelimits <strong>of</strong> ‘liberal democracy’ as the presumed outcome <strong>of</strong> transition.ANNE SMITHIn 1998 Anne graduated fi rst in her year with a BA Hons in Law and Government from the<strong>University</strong> <strong>of</strong> <strong>Ulster</strong>. In 1999 at the same university, she was awarded the degree <strong>of</strong> LLM inEuropean Law. Having lectured part-time at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> from February to June2000, she began her PhD in the fi eld <strong>of</strong> human rights and equality law before moving toQueen’s <strong>University</strong> Belfast in April 2001. There she occupied posts as Human Rights TrainingOffi cer and as a <strong>Research</strong> Associate. As the Human Rights Training Offi cer, Anne providedand delivered training sessions to the public sector on the Human Rights Act and continuesto provide consultancy work in this area. As a <strong>Research</strong> Associate, she was involved in amajor research project entitled ‘Evaluating the Effectiveness <strong>of</strong> National Human Rights Institutions: The NorthernIreland Human Rights Commission, With Comparisons from South Africa’, January 2005. In 2004 she movedto the Transitional Justice Institute, <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>, where she was appointed lecturer. She teaches PublicInternational law at undergraduate level and International Human Rights Law at postgraduate level. At present sheis completing a PhD thesis looking at the protection <strong>of</strong> equality in Bills <strong>of</strong> Rights.Anne’s main research interests are in human rights and equality law, especially constitutional and institutionalmechanisms designed to promote and protect human rights and equality. Her PhD thesis examines how Bills<strong>of</strong> Rights can be used to guarantee meaningful equality and draws upon the experience <strong>of</strong> Canada and SouthAfrica to identify a number <strong>of</strong> lessons that other countries who are who are adopting a Bill <strong>of</strong> Rights can learnabout Bills <strong>of</strong> Rights as a vehicle for protecting equality. As part <strong>of</strong> her fi eldwork for her PhD, as a recipient <strong>of</strong>the MOLSON and UK Postgraduate Students Canadian Studies Travel Awards, she spent some time in Canadain August 2004 interviewing a number <strong>of</strong> people and organizations on the role the Canadian Charter has playedin protecting equality. She is also interested in the role played by National Human Rights Institutions in thepromotion and protection <strong>of</strong> human rights. This interest arose from her involvement whilst she was a <strong>Research</strong>22


Associate at Queen’s <strong>University</strong> Belfast. Alongside Pr<strong>of</strong>essor Stephen Livingstone and Dr Rachel Murray, shecontributed to a study resulting in a fi nal report which examined the effectiveness <strong>of</strong> the Northern Ireland HumanRights Commission. Anne is a member <strong>of</strong> the Committee on the Administration <strong>of</strong> Justice, the British Associationfor Canadian Studies and Associate Member <strong>of</strong> the Equality and Social Inclusion in Ireland project.KIRK SIMPSONKirk joined the Transitional Justice Institute as a Post Doctoral <strong>Research</strong> Fellow in February 2006. He graduatedfrom Queen’s <strong>University</strong> Belfast (QUB) in 1998 with a BA (Hons) in Politics and Modern History. After gaininga PGCE (Politics) in 1999 at Queen’s, he studied for a PhD also at QUB. He graduated in 2002 with a PhDexamining the interaction between citizenship education and identity in Northern Ireland (with a particular focuson Habermasian theory). Before joining the TJI he was <strong>Research</strong> Fellow at the School <strong>of</strong> History and AnthropologyQUB, working with Pr<strong>of</strong>essor Hastings Donnan on research entitled: Catholic-Protestant relationships in Ireland,North and South: A Study <strong>of</strong> 3 ‘Frontier’ Communities. This research examined the themes <strong>of</strong> confl ict, power,community and difference in areas <strong>of</strong> Ireland that have experienced high levels <strong>of</strong> political violence within thelast century (West Cork, North Monaghan and South Armagh). Kirk and Pr<strong>of</strong>essor Donnan have also undertakenconsiderable work on victim-hood, memory, political violence and notions <strong>of</strong> <strong>transitional</strong> <strong>justice</strong> in the Irishborder area. They currently have two articles on victims <strong>of</strong> political violence, ‘truth’ and memory in NorthernIreland submitted and under review in international academic journals; and are fi nalizing another on the use <strong>of</strong>public space and policy and its implications for Catholic-Protestant relationships in the Irish borderlands (als<strong>of</strong>or publication in an international journal). He is also fi nalizing an article on aspects <strong>of</strong> peace, reconciliation and<strong>transitional</strong> <strong>justice</strong> in Northern Ireland with Dr John Barry (QUB).Kirk’s current research at the TJI involves work on Transitional Justice, ‘Victim-hood’ and Confl ict Resolutionin Northern Ireland. The aim <strong>of</strong> this research is to more fully understand the complex relationship betweencontested notions <strong>of</strong> political, social and legal ‘<strong>justice</strong>’ and lasting, durable peace in Northern Ireland amongstboth unionist and nationalist victims <strong>of</strong> political violence. He is examining the ways in which the communicativeconsensual model <strong>of</strong> confl ict resolution and the defi nition <strong>of</strong> ‘truth’ (factual, normative, truthful) <strong>of</strong>fered by JurgenHabermas can be applied in the case <strong>of</strong> Northern Ireland, in order to assist the transition from confl ict to stabledemocracy, <strong>justice</strong> and peace; and how this theory informs understandings <strong>of</strong> the relationship between <strong>justice</strong>and peace not only in Northern Ireland, but in other <strong>transitional</strong> <strong>justice</strong> contexts in which political violence hascreated an unstable legal and political landscape. His book in process with Ruane, Donnan, & Butler, is entitledCatholic-Protestant Relationships in Ireland, North and South.23


CATHERINE TURNERCatherine joined the Transitional Justice Institute as a <strong>Research</strong> Assistant in November2004. She graduated with an LLB from Trinity College Dublin in 2002, and in 2003 the Artsand Humanities <strong>Research</strong> Board awarded her a studentship to study for an LLM in publicinternational law at the London School <strong>of</strong> Economics. Before joining the TJI she worked inthe Registry Legal Advisory section <strong>of</strong> the International Criminal Tribunal for the formerYugoslavia and also for Mediation Northern Ireland, for whom she continues to volunteer. Forthe past year she has been working with Pr<strong>of</strong>essor Fionnuala Ní Aoláin on her forthcomingbook ‘Law in Times <strong>of</strong> Crisis’, as well as on projects relating to gender and women’s rights.She has also taught on the Public Law and Human Rights courses at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>, School <strong>of</strong> Law. Herpersonal research interests include international legal theory, the politics <strong>of</strong> human rights and alternative disputeresolution. She is a member <strong>of</strong> the European Society <strong>of</strong> International Law.Catherine’s main research interests lie in the fi eld <strong>of</strong> human rights, namely the nature <strong>of</strong> the movement itself andthe conceptual problems associated with human rights implementation. She is working on an article with Pr<strong>of</strong>essorNí Aoláin on the gendered construction <strong>of</strong> human rights used as the basis for accountability mechanisms, suchas truth commissions, and the resulting narrow approach which does not adequately address the experience <strong>of</strong>women in confl ict. Her own work focuses on resistance to human rights in peace processes, particularly fromgroups who feel themselves to be on the losing side, most evidently seen in peace processes such as NorthernIreland and the Middle East, as well as in the resistance to the International Criminal Tribunal in the Balkans. Theprimary aim <strong>of</strong> her research is to examine why such resistance arises, looking specifi cally at the manner in whichhuman rights provisions are introduced into peace processes as legal rather than political measures, the lack <strong>of</strong>opportunity to express dissatisfaction, and the use <strong>of</strong> rights for political point scoring.24


5.2 ASSOCIATE RESEARCHERSGINA BEKKERGina is a Lecturer in the School <strong>of</strong> Law, <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> at Jordanstown. She obtained her LLB from the<strong>University</strong> <strong>of</strong> Pretoria, South Africa and also holds graduate degrees in human rights law from the <strong>University</strong> <strong>of</strong>Pretoria and the <strong>University</strong> <strong>of</strong> Notre Dame, U.SA. Prior to joining the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>, Gina worked as SeniorLegal Offi cer, Refugee Legal Aid Project, Egyptian Organisation for Human Rights and before that she was Senior<strong>Research</strong>er at the Centre for Human Rights <strong>University</strong> <strong>of</strong> Pretoria, Economic and Social Rights Project. Gina hastaught law in both Egypt and South Africa and has also worked as a consultant in relation to human rights issues toUNDP in Egypt, as well as the South African Human Rights Commission. She is currently writing up her doctorialthesis on the African Court on Human and Peoples’ Rights. Her research interests broadly lie in the fi eld <strong>of</strong> humanrights in Africa and her current research is focused on remedies in the African system.GRÁINNE MCKEEVERGráinne is a lecturer in the School <strong>of</strong> Law and an associate researcher with the TJI. She researches in the area<strong>of</strong> social welfare law, in particular examining the areas <strong>of</strong> overlap between the social security and criminal <strong>justice</strong>systems. This has included research into social security fraud, the use <strong>of</strong> social security as a criminal sanctionand, more generally, the criminalisation <strong>of</strong> poverty. Her current work focuses on the social welfare problemsfacing political ex-prisoners in Northern Ireland, examining the implications <strong>of</strong> these problems for citizenship andreintegration, and attempting to reconceive the problem <strong>of</strong> exclusion through the dimension <strong>of</strong> poverty.CATHY GORMLEY - HEENANCathy is a Lecturer in the School <strong>of</strong> Policy Studies at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>, an associateresearcher with the Transitional Justice Institute and an associate staff member <strong>of</strong> INCORE(International Confl ict <strong>Research</strong>) where she held the 2004-2005 Tip O’Neill Fellowship. Apartfrom teaching undergraduate and graduate level government classes, she has taught on issues<strong>of</strong> political leadership in societies in transition for a number <strong>of</strong> years at the <strong>University</strong> <strong>of</strong><strong>Ulster</strong> and also at the UNU (United Nations <strong>University</strong>) International Leadership Academyin Amman in 2000 & 2004 and was awarded a fellowship in leadership studies at the JamesBurns MacGregor Academy <strong>of</strong> Leadership at the <strong>University</strong> <strong>of</strong> Maryland in 2000. Otherawards have included a Kennedy Scholarship to the J.F.K. School <strong>of</strong> Government and Public Policy at Harvard<strong>University</strong> in 1996-1997. Prior to this scholarship, Cathy took an MPhil in Middle Eastern Studies at St. Antony’sCollege, Oxford <strong>University</strong>. She also holds a fi rst class honours degree in political science from Queens <strong>University</strong>,Belfast. She has recently fi nished writing up her doctorate on aspects <strong>of</strong> political leadership during the NorthernIreland peace process from 1994-1998.VENKAT IYERVenkat Iyer is a Senior Lecturer in the School <strong>of</strong> Law, UUJ. Prior to joining the university, he was engaged inestablishing an international database on States <strong>of</strong> Emergency at the Queen’s <strong>University</strong> <strong>of</strong> Belfast. Dr Iyer has alsoworked in the Legal Offi ce <strong>of</strong> Amnesty International in London, and has carried out special projects for a number<strong>of</strong> international NGOs including Article IX, the International Commission <strong>of</strong> Jurists, and the Lawyers’ Committeefor Human Rights (now Human Rights First). A barrister by training, he is a member <strong>of</strong> the Bars <strong>of</strong> NorthernIreland and India.His research interests encompass the areas <strong>of</strong> constitutional law, media law and human rights. As a <strong>Research</strong>Fellow – and later as an Associate <strong>Research</strong>er – at the TJI, Dr Iyer has been working on transition-related issuesin the Fiji Islands. His publications in this fi eld include two articles, “Courts and Constitutional Usurpers: SomeLessons from Fiji” (Dalhousie Law Journal, Fall 2005) and “Restoration Constitutionalism in the South Pacifi c”(Pacifi c Rim Law and Policy Journal, Fall 2005). He is currently studying the Promotion <strong>of</strong> Reconciliation, Toleranceand Unity Bill, promulgated by the Fijian Government in September 2005. Dr Iyer’s expertise in media law led tohis nomination in 1990 as a Nuffi eld Press Fellow at Wolfson College, Cambridge. He has also served as an adviserto the Royal Government <strong>of</strong> Bhutan, and was responsible, in 2003-04, for the drafting <strong>of</strong> that country’s media laws.Dr Iyer is the Editor <strong>of</strong> The Commonwealth Lawyer, published from London.25


EUGENE McNAMEEEugene joined the School <strong>of</strong> Law as a lecturer in 2005. He holds a PhD from the <strong>University</strong> <strong>of</strong> Florence and prior tojoining the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> he taught at Birkbeck College School <strong>of</strong> Law (1997-2000), and held a post doctoralfellowship in the Department <strong>of</strong> Sociology at <strong>University</strong> College Cork (2002-2004). His main research interestsinclude Law and Culture, Legal Subjectivity, Constitutional Law and Human Rights. He is currently undertakingresearch on the International Criminal Tribunal for Rwanda(ICTR), with a particular focus on two aspects, namelythe legal anthropology <strong>of</strong> defence council at the ICTR, and ‘meta confl icts at the ICTR’, which is a case study <strong>of</strong> thetransformational dynamics <strong>of</strong> criminal accountability mechanisms which have reconciliation as their stated aim.ANGELA HEGARTYAngela is Senior Lecturer in Law at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> at Magee. Born and raised inDerry, she graduated in law from QUB in 1985 and subsequently qualifi ed as a solicitor. Sheobtained an LLM in Human Rights, Emergency Law & Discrimination, also from QUB, in 1991.She is the Subject Director for Law at the Magee campus <strong>of</strong> the <strong>University</strong>, where she runsthe LLB Programmes, teaches Public Law, Evidence and runs an innovative and successfulClinical Law programme. Her research interests are in human rights, <strong>transitional</strong> <strong>justice</strong> andpolicing. She is currently engaged in research into public inquiries and truth processes andis conducting a study <strong>of</strong> the Bloody Sunday Inquiry. She is a past Chair <strong>of</strong> the Committeeon the Administration <strong>of</strong> Justice, which won the Council <strong>of</strong> Europe Human Rights Prize in 1998. She is a boardmember <strong>of</strong> a number <strong>of</strong> human rights NGOs and is also a trustee <strong>of</strong> the Bloody Sunday Centre. She has a longtrack record <strong>of</strong> pr<strong>of</strong>essional and voluntary work in the human rights fi eld. She was previously appointed to theEqual Opportunities Commission for Northern Ireland, the Standing Advisory Commission on Human Rightsand to the Northern Ireland Human Rights Commission. In 2002 she was awarded a Distinguished CommunityFellowship by the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> and in 2003 became one <strong>of</strong> the fi rst <strong>Research</strong> Fellows at the <strong>University</strong>’snewly established Transitional Justice Institute.BILL ROLSTONBill is Pr<strong>of</strong>essor <strong>of</strong> Sociology on the Jordanstown campus. He has an undergraduate degreeand doctorate, both in Sociology and both obtained at Queen’s <strong>University</strong> Belfast. He hasbeen lecturing in Sociology at Jordanstown since 1977.commissions.During this period he has also written and researched widely on numerous aspects<strong>of</strong> society, politics and culture in Northern Ireland. His current research interests are inthe areas <strong>of</strong> popular political culture, in particular, wall murals; community and voluntarypolitics in Northern Ireland; the mass media; and human rights issues, in particular, truth26


EILISH ROONEYEilish is a feminist academic and community activist in the School <strong>of</strong> Sociology and AppliedSocial Studies, <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>. Her work on women in the Northern Irish confl ict hasappeared in a range <strong>of</strong> publications and conferences. Recent contributions have includedFeminist Theory and the Community Development Journal. She contributed a section oncontemporary Northern Irish women’s writing to the Field Day Anthology <strong>of</strong> Irish Writing,Vol. V: Irish Women’s Writing & Traditions. She co-authored a seminal study <strong>of</strong> women’sparticipation in political parties and local groups Women, Community and Politics in NorthernIreland and is currently working with the Transitional Justice Institute on women, genderand equality in transition. Recent conferences include: Plenary Address to Women on Ireland <strong>Research</strong> Network,<strong>University</strong> <strong>of</strong> Limerick; Theorising Intersectionality Workshop, <strong>Research</strong> Centre for Law, Gender and Sexuality,Keele. She is Co-ordinator <strong>of</strong> Academic Affairs: Community Studies, Faculty <strong>of</strong> Social Sciences and ProgrammeDirector <strong>of</strong> the BSc (Hons) Community Development. Awards include: the Féile an Phobail: ‘Woman <strong>of</strong> the Year2005’ for contributions to women’s education in Belfast; the Belfast City Council Millennium Award 2001 forcontributions to community education; and the International Council for Adult Education J. Roby Kidd SpecialCitation for innovation in adult education. She contributed an address to the John Hewitt Summer School (2005);to the Presbyterian Special Assembly Conference (2004); to the annual Belfast Film Festival. She makes regularcontributions to debate on national and local media.CAHAL MCLAUGHLINCahal is a senior lecturer at the School <strong>of</strong> Media, Film and Journalism at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>. A documentaryfi lm maker with almost 20 years <strong>of</strong> broadcast and community production experience, he has most recentlydirected Inside Storires: Memories <strong>of</strong> the Maze and Long Kesh Prison (Catalyst Arts 2005), and We Never Give Up(2002) for the Human Rights Media Centre, Cape Town, on Apartheid reparations in South Africa. Cahal’s writingsinclude ‘Telling Our Story: Recording Audio Visual Testimonies from Political Confl ict’ in Barton R. abnd O’BrienH. (eds) Keeping it Real: Irish Film and Television London, Wallfl ower Press (2004), and ‘Touchstone and Tinderbox:documenting memories inside the North <strong>of</strong> Ireland’s Long Kesh Prison’ in Sch<strong>of</strong>i eld et al. (eds) Re-mapping theField: New Approaches in Confl ict Archaeology. He is also director <strong>of</strong> the Prisons Memories Archive, funded bythe Heritage Lottery Fund, and which has recently recorded audio visual memories <strong>of</strong> ex-occupants inside ArmaghPrison.27


5.3 DOCTORAL STUDENTSThe Transitional Justice Institute aims to build a thriving research culture, and an intrinsic part <strong>of</strong> this is our PhDprogramme. We are particularly keen to encourage the development <strong>of</strong> the ‘next generation’ <strong>of</strong> researchers, andto create an exciting and innovative culture <strong>of</strong> research in <strong>transitional</strong> legal studies. In conjunction with the School<strong>of</strong> Law, we invite applications for research in areas <strong>of</strong> staff interest and expertise on an annual basis.THOMAS BUNDSCHUHThomas is currently engaged in doctoral work as a PhD <strong>Research</strong> Fellow at the Transitional Justice Institute <strong>of</strong> the<strong>University</strong> <strong>of</strong> <strong>Ulster</strong> in Northern Ireland. He holds an LLM in International Human Rights Law from the <strong>University</strong><strong>of</strong> Essex. An accomplished lawyer educated in Germany, England and Switzerland, Thomas has gained a wealth <strong>of</strong>experience through his work and research in Brazil, Uganda, Rwanda, Canada and South Africa.He is the co-author <strong>of</strong> “Working Together for Sustainable Peace: Confl ict Resolvers and Human Rights Advocatesin Sierra Leone” in the forthcoming volume Human Rights and Confl ict Resolution In Context: Case Studies fromColombia, Sierra Leone and Northern Ireland. In his PhD research he examines the architecture <strong>of</strong> <strong>justice</strong> in<strong>transitional</strong> societies with particular attention to economic, social and cultural rights. He locates his current inquirywithin a broader focus on transformational <strong>justice</strong> regarding deeply divided societies marked by entrenched localand/or global inequalities.SORCHA MCKENNASorcha joined the TJI as a PhD research fellow in 2004. She hold a degree in Legal Scienceand Philosophy from NUI Galway, where she wrote a dissertation on the sentencing <strong>of</strong>sexual <strong>of</strong>fences in Ireland, and a Masters in Human Rights from Queens <strong>University</strong> Belfast,where her research focused on the commercial exploitation <strong>of</strong> Children. She is currently inthe second year <strong>of</strong> her PhD, which expands on her earlier interest in children’s rights andsexual violence by extending into the fi eld <strong>of</strong> international law and the specifi c context <strong>of</strong>armed confl ict. The thesis, entitled “Innocence Lost - The effectiveness <strong>of</strong> international law inthe protection <strong>of</strong> children from sexual violence during armed confl ict”, will critique existinghumanitarian and human rights provisions for failing to provide adequate protection to children. The case studies<strong>of</strong> Sierra Leone and Bosnia will be used to illustrate how child sexual violence can manifest during armed confl ict,and the various responses to such abuses post confl ict. In particular the thesis will focus on the mechanisms <strong>of</strong>accountability used in each <strong>of</strong> the case studies and the role <strong>of</strong> children within them. The aim <strong>of</strong> the research is tocontribute to the dearth <strong>of</strong> socio-legal child specifi c information on the impact <strong>of</strong> confl ict on children, child asvictims <strong>of</strong> sexual violence and access to <strong>justice</strong> for child victims post conflict.KHANYISELA MOYOKhanyisela is a Zimbabwean trained lawyer who has taught and practised law in Zimbabweand has served on several boards including that <strong>of</strong> the Zimbabwean Lawyers for Humanrights in Zimbabwe and Women into Politics, Northern Ireland. She holds a masters degreein International Human Rights Law from Oslo, Norway and an LLM in Public InternationalLaw from Nottingham <strong>University</strong>, United Kingdom. Currently, she is a second year PhD<strong>Research</strong> Fellow with the Transitional Justice Institute at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong>, NorthernIreland. Her thesis, which is likely to be submitted in December 2007, uses Zimbabwe as acase study to analyse the multitudinous complexities <strong>of</strong> <strong>transitional</strong> <strong>justice</strong> in postcolonialsocieties. In addition to <strong>transitional</strong> <strong>justice</strong> her research interests are in postcolonial legal theory, feminist legaltheory, minority rights, law <strong>of</strong> international organisations, issues <strong>of</strong> collective security and economic, social andcultural rights.28


6. LLM IN HUMAN RIGHTS LAWThe LLM in Human Rights Law at the <strong>University</strong> <strong>of</strong> <strong>Ulster</strong> began in September 2005 and is being delivered by theTransitional Justice Institute in association with the School <strong>of</strong> Law at both the Jordanstown and Magee campuses.The LLM programme is made up <strong>of</strong> several modules including:➢ Foundations <strong>of</strong> International Human Rights Law➢ The Rule <strong>of</strong> Law and Transitional Justice➢ Advanced Human Rights Law➢ Equality Law➢ Criminal Justice, Human Rights and Law Enforcement➢ Human Rights and Vulnerable Groups➢ DissertationThe 2006/07 cohort <strong>of</strong> LLM students commenced their studies on 25 September 2006 (pictured below) following onfrom two days Induction and Registration which included training sessions and formal induction onto the course. Thestudents participating in the course include those from Israel, Tunisia and Africa. Those international students were ableto attend due to them receiving scholarships from the TJI.Jordanstown LLM StudentsMagee LLM StudentsThe TJI and the NI Human Rights Commission established an internship programme for the LLM students. The fi rstintern, Hakeem Yusuf who is from Nigeria completed his ten-week internship in August (pictured below). The programmeis a valuable collaboration between the Institute and Commission with further joint ventures for students being planned,such as an annual essay prize and a visit to the Commission <strong>of</strong>fices in November 2006.Hakeem Yusuf, LLM student & NIHRC Intern 2006One <strong>of</strong> the LLM students, Wendy Isaack, was accepted onto a prestigious internship programme in Summer 2006 atthe Geneva for Human Rights – Global Training which is an international association based at Geneva. The Institute,following on from an application received from Ms Isaack, agreed to help to fund the attendance on the internshipprogramme as it will assist in her completion <strong>of</strong> the LLM dissertation.29


LLM FORUMIn addition to the development <strong>of</strong> the formal teaching programme on the LLM in Human Rights, the Institute has alsoestablished an “LLM Forum” which takes place on those weeks when there are no formal classes. This Forum is made up<strong>of</strong> a Film Series, Seminars and <strong>Research</strong> Workshops that are all relevant to their research and complement the teachingon the course. Dr Kirk Simpson will manage this Forum in conjunction with other staff as relevant.Monday 2 October 2006, Reading Group on Critical Engagement with Literature, Magee campus (led by CatherineO’Rourke, <strong>Research</strong> Asssistant).Tuesday 3 October 2006, Reading Group pm Truth Commissions and Truth Recovery, Jordanstown campus (led by DrKirk Simpson, Post Doctoral Fellow)Monday 23 October 2006, Film Series and Discussion (“Sunday”), Magee campus.Tuesday 24 October 2006, Film Series and Discussion (“Sometimes in April”, Rwanda), Jordansown campus.Tuesday 14 November 2006, Field Trip Visit to the Northern Ireland Human Rights Commission and the Committee onthe Administration <strong>of</strong> Justice, Belfast.30


7. CONFERENCES AND EVENTSThe TJI has developed three main types <strong>of</strong> events including our annual international conferences, the regular TJI SeminarSeries and other events including book launches and smaller conferences.7.1 TJI Conferences‘War on Terror - International and Interdisciplinary Perspectives: Five Years On’The TJI 2006 annual international conference, ’War on Terror - International and Interdisciplinary Perspectives: Five Years On’,was a joint event with the <strong>University</strong> <strong>of</strong> Minnesota Law School and took place on November 9th and 10th, 2006 in the<strong>University</strong> <strong>of</strong> Minnesota. The conference was a law-led exploration that draws on leading edge, law-related IR and SocialMovement Theory perspectives. Topics included: International Law and the Use <strong>of</strong> Force in the 21st Century; Peace andExit Strategies; Law, Repression and Social Movement Theory; Law International Relations, and Hegemony.The speakers were among the key scholars in the fi eld and included: Pr<strong>of</strong>. David Wippmann, Pr<strong>of</strong>. David Weissbrodt, Pr<strong>of</strong>.Oren Gross, Pr<strong>of</strong>. David Kennedy, Pr<strong>of</strong>. Christian Davenport, Pr<strong>of</strong>. Colm Campbell, Dr. Achilles Skordas, Pr<strong>of</strong>. FionnualaNi Aolain, Dr. Shane Darcy, Pr<strong>of</strong>. Christine Bell, Pr<strong>of</strong> Brendan O’Leary and Pr<strong>of</strong>. Ian Lustick.The conference was a huge success with excellent attendance from academic staff and students from the Minnesota LawSchool. The papers presented at the symposium will be published by the <strong>University</strong> <strong>of</strong> Minnesota Journal <strong>of</strong> InternationalLaw. A video-recording <strong>of</strong> the conference will also be available on our website before the end <strong>of</strong> the year.‘The Slobodan Milosevic Trial: The Verdict’The TJI co-sponsored an event which was hosted by the Irish Human Rights Centre, NUI Galway, on “The SlobodanMilosevic Trial: The Verdict”. The conference brought together leading international experts on the trial itself, and oninternational criminal <strong>justice</strong>. Staff from TJI appeared on a panel and presented papers at the conference which tookplace on 29-30 April 2006 in Galway.‘Developing Social and Economic Rights in Transition: The Local and the Global’The international conference on “Developing Social and Economic Rights in Transition: The Local and the Global”, took placeon Friday 11 November in Belfast and was an outstanding success. Speakers included Pr<strong>of</strong>essor Asbjorn Eide <strong>of</strong> theNorwegian Institute <strong>of</strong> Human Rights, Pr<strong>of</strong>essor Sandra Liebenberg and Pr<strong>of</strong>essor Sandra Fredman (Oxford <strong>University</strong>)and Pr<strong>of</strong>essor Csilla Kollonay Lehoczky <strong>of</strong> Central European <strong>University</strong>, Budapest. Conference funding for this eventwas secured by the organisers (Thomas Bundschuh and Esther McGuinness) from the British Academy.Pr<strong>of</strong>essor Asbjorn Eide, Director <strong>of</strong> Norwegian Institute <strong>of</strong> Human Rights, Belfast, November 200531


7.2 Other TJI Events‘Negotiating Justice? Peace Agreements and Human Rights’The TJI hosted an event on 22 June 2006 in Belfast to mark the launch <strong>of</strong> the International Council for Human RightsPolicy report: “Negotiating Justice?” which was authored by Pr<strong>of</strong>essor Christine Bell. The event was well attendedby representatives <strong>of</strong> various national human rights institutions in Europe and involved speakers including Pr<strong>of</strong>essorBell, Pr<strong>of</strong>essor Monica McWilliams, Chief Commissioner <strong>of</strong> the Human Rights Commission and Susan McCrory <strong>of</strong> theInternational Council for Human Rights Policy.Launch <strong>of</strong> ‘Negotiating Justice?’, Belfast, June 2006.‘CEDAW and discrimination in the context <strong>of</strong> the family’Shanthi Dairiam visited the Transitional Justice Institute in March 2006 as part <strong>of</strong> a week-long visit to Ireland to bringattention to the importance <strong>of</strong> the UN Women’s Convention and the work <strong>of</strong> the its monitoring body (CEDAW) atnational and local level. Shanthi Dairiam was Executive Director <strong>of</strong> International Women’s Rights Action Watch - AsiaPacifi c (IWRAW-AP) until she took up her role as a member <strong>of</strong> the CEDAW Committee in 2005. She has been involvedin building capacity for women’s rights advocacy for over 20 years, both with Malaysian NGOs and also at the regionaland international levels. She has served as an expert assisting key UN agencies such as the Asia Pacifi c Gender EqualityNetwork, the Offi ce <strong>of</strong> the High Commissioner <strong>of</strong> Human Rights and UNIFEM. She holds an MA in Literature from the<strong>University</strong> <strong>of</strong> Madras India and an MA in Gender and Development from the Institute <strong>of</strong> Development Studies, <strong>University</strong><strong>of</strong> Sussex. Shanthi is currently serving a four-year term (2005-2009) as an expert member <strong>of</strong> the CEDAW Committee.She has recently become a member <strong>of</strong> the Board <strong>of</strong> ESCR-Net, the International Network for Economic, Social andCultural Rights. TJI co-sponsored Ms. Dairiam’s visit along with the Irish Centre for Human Rights, NUI-Galway and theWomen’s Human Rights Alliance. At the TJI seminar, Ms. Dairiam focused on the ways in which CEDAW has interpreteddiscrimination in the context <strong>of</strong> the family.Shianthi Dairiam, March 2006, Dalriada House32


‘Islamic State Practices, International Law and Threat from Terrorism: A Critique <strong>of</strong> the ‘Clash<strong>of</strong> Civilizations’ in the New World Order’14 October 2005, Pr<strong>of</strong>essor Javaid Rehman’s book was launched at the Magee campus, hosted by the Transitional JusticeInstitute - Islamic State Practices, International Law and Threat from Terrorism: A Critique <strong>of</strong> the ‘Clash <strong>of</strong> Civilizations’ in the NewWorld Order published by Hart, March 2005. The key speaker was Pr<strong>of</strong>essor Colin Harvey, Director <strong>of</strong> the Human RightsCentre at the Queen’s <strong>University</strong> Belfast.33


7.3 TJI SEMINAR SERIES2006-2007 Joint Seminar Series – TJI and <strong>University</strong> <strong>of</strong> Liverpool:‘Constructive and Peaceful State-Ethnic Community Relations – The Role <strong>of</strong> the InternationalCommunity: Legal and Policy Issues’The TJI is co-hosting a research seminar series entitled “Constructive and Peaceful State-Ethnic Community Relations – TheRole <strong>of</strong> the International Community: Legal and Policy Issues”with the <strong>University</strong> <strong>of</strong> Liverpool Law School. The seminarspeakers being hosted by the Transitional Justice Institute are as follows:• 2 February 2007: Pr<strong>of</strong>essor Patrick Thornberry, Keele <strong>University</strong>.• 20 February 2007: Dr Kathleen Cavanaugh, NUI Galway: Reframing the Discourse <strong>of</strong> International Law inIsrael/Occupied Territories and Iraq• 16 March 2007: Dr David Keane, Brunel <strong>University</strong>: Addressing the Aggravated Meeting Points <strong>of</strong> Race andReligion.• 20 April 2007: Pr<strong>of</strong>essor Tom Hadden, Queen’s <strong>University</strong> Belfast.TJI Seminar Series – Autumn semester 2006• Pr<strong>of</strong>essor Julie Mertus from the School <strong>of</strong> International Service, American <strong>University</strong> delivered a seminar on‘Human Rights and U.S. Foreign Policy’ on Tuesday 17 October 2006 in the Jordanstown campus.Pr<strong>of</strong> Julie Mertus (centre) with seminar participants, Dalriada House, Oct 2006• Dr Robbie McVeigh and Ronit Lentin, delivered a seminar on “After Optimism: Ireland, Globalisation andRacism”, Magee campus on 13 November 2006.• Pr<strong>of</strong>essor Colm Campbell, Associate Director <strong>of</strong> TJI, will deliver a seminar on “Law’s Place in the Repression-Mobilisation Nexus: Lessons from Northern Ireland for the ‘war on terror’” at the Magee campus on 4December.• Dr Phil Clark, Post Doctoral Fellow at TJI, will deliver a seminar on “Justice Without Lawyers: the GacacaCommunity Courts and Post-Genocide Justice and Reconciliation in Rwanda” at the Jordanstown campus onTuesday 5 December 2006.34


TJI Seminar Series – Spring semester 2006• Thursday 23 February: Grainne McKeever, Associate <strong>Research</strong>er, TJI, Ex-prisoners, Welfare and Citizenship• Monday 6 March: Slavica Stojanovic, Reconstruction Women’s Fund (Belgrade)• Thursday 9 March: Eilish Rooney, Associate <strong>Research</strong>er, TJI, Women’s Equality in Transition: Intersectionality inTheory & Place• Thursday 23 March: Pr<strong>of</strong>essor Bill Rolston, Associate <strong>Research</strong>er, TJI, Death Squads and Democracy: The Case<strong>of</strong> Northern Ireland• Tuesday 28 March, Angela Hegarty, Associate <strong>Research</strong>er, TJI, Governing Memory: Truth, Law and BloodySunday• Thursday 4 May, Eugene McNamee, Associate <strong>Research</strong>er, TJI, Defending Genocide• Friday 5 May, Pr<strong>of</strong>essor Christine Bell, Director, TJI, ‘Lex Pacifi catoria’: The New Law <strong>of</strong> the Peacemaker• Tuesday 16 May, Cath Collins, Chatham House, The Politics <strong>of</strong> Memorial: Torture and Visual Landscape in Chile• Thursday 18 May, Dr Cathy Gormley-Heenan, Associate <strong>Research</strong>er, TJI,Understanding Political Leadership in Transitional Societies• Monday 29 May, Gaby Ore Aguilar, Gender Justice Project, “Gender Justice and the Right to Reparation:Redressing discrimination and confl ict-related Human Rights Violations”• Thursday 1 June, Dr Venkat Iyer, Transition-Related Developments in Fiji: An Update• Monday 5 June, Dr. Joshua Castellino, Irish Centre for Human Rights (NUI Galway) Book Launch “MinorityRights in Asia: A Comparative Legal Analysis”• Thursday, 8 June, Ms Khanyisela Moyo, PhD Student, TJI, ‘Zimbabwe: The Rule <strong>of</strong> law and Judicial IndependenceParadox’• Friday 9 June, LLM Event for TJI Staff and Students, “A Force more Powerful” Strategy Game• Monday 12 June, Dr Edwin Abuya, Lecturer, TJI, Strengthening International Asylum: The Torture Convention asa Complimentary Tool• Monday 3 July, Pr<strong>of</strong>. David Abraham, Miami <strong>University</strong>, The Boundaries and Bonds <strong>of</strong> Citizenship: Recognitionand Redistribution in the U.S., Germany, and Israel.TJI Seminar Series – Autumn semester 2005• Pr<strong>of</strong>essor Henry Steiner, Harvard Law School presented a seminar on “Human Rights and Democracy” on 16and 17 November 2005 at both the Magee and Jordanstown campuses respectively.• Pr<strong>of</strong>essor Colleen Lewis, Monash <strong>University</strong>, Australia presented a seminar on “Phantoms <strong>of</strong> Lost Liberty’: theemergence <strong>of</strong> the security state”on 4 November in the Jordanstown campus.• Pr<strong>of</strong>essor Oren Gross, <strong>University</strong> <strong>of</strong> Minnesota and Visiting Fellow to TJI, presented a seminar on“The Changing Understanding <strong>of</strong> National Security”on Thursday 27th October 2005 in the Jordanstowncampus.• Anne Smith, Lecturer with TJI, delivered a seminar on “The Drafting Process <strong>of</strong> the Bill <strong>of</strong> Rights in NorthernIreland”on Friday 28 October 2005 in the Magee campus.• Pr<strong>of</strong>essor Tom Hadden, Queen’s <strong>University</strong> Belfast, presented a seminar (with two <strong>of</strong> his researchers) on ‘TheContractualisation <strong>of</strong> Conflict’ on 30 November at the Jordanstown campus.• Pr<strong>of</strong>essor Victor Ramraj, National <strong>University</strong> <strong>of</strong> Singapore, delivered a seminar on “Preserving the Rule <strong>of</strong>Law in Times <strong>of</strong> Crisis: A Critique <strong>of</strong> the Extra-Legal Measures Model” (with Pr<strong>of</strong>essor Oren Gross) onThursday 1 December in the Jordanstown campus.• Dr Niamh Reilly delivered a seminar on “Human Security and Women’s Rights”on Friday 2 December inMagee campus.35


8. VISITING FELLOWS TO TJIPr<strong>of</strong>essor David Abraham, Miami Law School was in residence at the Transitional JusticeInstitute, Jordanstown campus, as a Visiting Fellow this summer for a period <strong>of</strong> two weeks. DavidAbraham is Pr<strong>of</strong>essor <strong>of</strong> Law at the <strong>University</strong> <strong>of</strong> Miami. He has a BA, MA, PhD from the <strong>University</strong><strong>of</strong> Chicago and a JD from the <strong>University</strong> <strong>of</strong> Pennsylvania. Prior to coming to Miami, Pr<strong>of</strong>essorAbraham taught in the history department at Princeton <strong>University</strong>.Pr<strong>of</strong>essor Abraham has published widely on issues <strong>of</strong> politics and economics in Weimar Germanyand is the author <strong>of</strong> The Collapse <strong>of</strong> the Weimar Republic, which examined the conditions and fate<strong>of</strong> a social-democratic, class-compromise effort to establish a viable welfare state. More recently he has written onAmerican labor law, property law, liberal legal theory and the problem <strong>of</strong> Verrechtlichung/juridifi cation. He is currently atwork in the areas <strong>of</strong> immi¬gration and citizenship law with a particular focus on citizenship in a neo-liberal era. Whilehere, Abraham will be discussing his project examining the declin¬ing bound¬aries and bonds <strong>of</strong> citizen¬ship in Germany,Israel, and the U.S.Pr<strong>of</strong>essor Abraham delivered a seminar at the Jordanstown campus on Monday 3 July on The Boundaries and Bonds <strong>of</strong>Citizenship: Recognition and Redistribution in the U.S., Germany, and Israel. The seminar was attended by staff and students<strong>of</strong> the Institute as well as other Associates and academics from the Faculty.Pr<strong>of</strong>essor David Weissbrodt was a Visiting Fellow with the TJI for two weeks in June 2005. Heis the Fredrikson and Byron Pr<strong>of</strong>essor <strong>of</strong> Law at the <strong>University</strong> <strong>of</strong> Minnesota Law School. He is aworld-renowned scholar in international human rights law and teaches international human rightslaw, administrative law, immigration law, and torts.In 1975, Pr<strong>of</strong>essor Weissbrodt became a faculty member at the <strong>University</strong> <strong>of</strong> Minnesota Law Schoolwhere he has since established the <strong>University</strong> <strong>of</strong> Minnesota Human Rights Center. In 1993-95Weissbrodt served a public member <strong>of</strong> the U.S. Delegation to the U.N. Commission on HumanRights. In 1996 Weissbrodt was elected and in 2000 he was re-elected by the U.N. Commission on Human Rightsto serve as a member <strong>of</strong> the U.N. Sub-Commission on the Promotion and Protection <strong>of</strong> Human Rights. He wasdesignated the U.N. Special Rapporteur on the rights <strong>of</strong> non-citizens from 2000-03. He also served as a member <strong>of</strong> theSub-Commission’s fi ve-person Working Group on the Working Methods and Activities <strong>of</strong> Transnational Corporationswhich drafted the United Nations’ Norms on the Responsibilities <strong>of</strong> Transnational Corporations and Other BusinessEnterprises with Regard to Human Rights. Pr<strong>of</strong>essor Weissbrodt led the TJI annual Ph.D. forum event during his visit.Gaby Ore Aguilar is Director and <strong>Research</strong>er on Gender Justice, Remedies and Armed Conflict Project which is anindependent research project based in Madrid, Spain. Gaby’s areas <strong>of</strong> specialization are: International philanthropy andgrantmaking in the fi eld <strong>of</strong> social <strong>justice</strong>, human rights and gender equity, Theory and practice <strong>of</strong> human rights advocacyin the Americas (litigation, education and policy monitoring), Economic, social and cultural rights with emphasis on theright to health and Gender <strong>justice</strong> in confl ict contexts. Prior to that Gaby has also worked for the International Councilon Human Rights Policy, Amnesty International and the Ford Foundation.Gaby was in residence at the Magee campus for two weeks. She delivered a seminar on Monday 29 May on “GenderJustice and the Right to Reparation: Redressing discrimination and confl ict-related Human Rights Violations” – it waswell attended by staff and students alike.36


Visiting Fellow.Pr<strong>of</strong>essor Henry Steiner, Jeremiah Smith, Jr. Pr<strong>of</strong>essor <strong>of</strong> Law at Harvard Law School.Pr<strong>of</strong>essor Steiner is the founder and Director <strong>of</strong> the Harvard Human Rights Program, and for manyyears Chair and Co-Chair <strong>of</strong> the Harvard <strong>University</strong> Committee on Human Rights Studies. He haspublished articles on a wide range <strong>of</strong> human rights issues and has lectured on the subject in over20 countries. His most recent book is Steiner and Alston, International Human Rights in Context:Law, Politics, Morals (2nd ed. 2000). He is also Chair <strong>of</strong> the Board <strong>of</strong> Directors <strong>of</strong> the <strong>University</strong><strong>of</strong> the Middle East Project. Pr<strong>of</strong>essor Steiner is generally recognised as one <strong>of</strong> the most eminenthuman rights academics in the United States and the TJI was delighted to have hosted him as aDuring his time at the TJI, he delivered a seminar at each campus on: “Human Rights and Democracy” on 16 and 17November which was attended by staff and students.Pr<strong>of</strong>essor Oren Gross, Irving Younger Pr<strong>of</strong>essor <strong>of</strong> Law and Director <strong>of</strong> the Center for LegalStudies at the <strong>University</strong> <strong>of</strong> Minnesota Law School.Pr<strong>of</strong>essor Gross’s main areas <strong>of</strong> research are international law, national security law, and internationaltrade law. He is also an expert on the Middle East and the Arab-Israeli confl ict. Pr<strong>of</strong>essor Grossjoined the <strong>University</strong> <strong>of</strong> Minnesota Law School in 2002. Prior to joining the <strong>University</strong> <strong>of</strong> Minnesota,Pr<strong>of</strong>essor Gross was a member <strong>of</strong> the faculty <strong>of</strong> the Tel Aviv <strong>University</strong> Law School (Israel). He alsotaught and held visiting positions at the Benjamin N. Cardozo School <strong>of</strong> Law, Princeton <strong>University</strong>,Queen’s <strong>University</strong> in Belfast (Northern Ireland), the Max Planck Institute for Comparative PublicLaw and International Law in Heidelberg (Germany) and Brandeis <strong>University</strong>. Pr<strong>of</strong>essor Gross has published extensively.His articles have appeared in leading academic journals such as the Yale Law Journal, the Yale Journal <strong>of</strong> InternationalLaw, Michigan Journal <strong>of</strong> International Law, Minnesota Law Review, and the Cardozo Law Review. His book, Law in Times<strong>of</strong> Crisis: Emergency Powers in Theoretical and Comparative Perspective, co-authored with Pr<strong>of</strong>essor Fionnuala NíAoláin, is forthcoming with Cambridge <strong>University</strong> Press. During his time at the TJI he delivered seminars on: “Stabilityand Flexibility: A Dicey Business” in June 2005 and on “The Changing Understanding <strong>of</strong> National Security” in October2005.Pr<strong>of</strong>essor Victor V. Ramraj, Associate Pr<strong>of</strong>essor at the Faculty <strong>of</strong> Law, National <strong>University</strong> <strong>of</strong>Singapore.Pr<strong>of</strong>essor Ramraj has qualifi cations in law (LLB,Toronto) and philosophy (BA, McGill; MA, PhD,Toronto) and was called to the bar <strong>of</strong> Ontario in 1995. Before joining the NUS Faculty <strong>of</strong> Lawin 1998, he served as a judicial law clerk at the Federal Court <strong>of</strong> Appeal in Ottawa and as a legalresearcher and litigation lawyer in Toronto. His main areas <strong>of</strong> teaching and research are legaltheory, criminal law, constitutional law, and anti-terrorism law and policy. He is co-author/coeditor<strong>of</strong> three books, including Global Anti-Terrorism Law and Policy (Cambridge <strong>University</strong> Press,forthcoming 2005) and Fundamental Principles <strong>of</strong> Criminal Law (Singapore: Lexis Nexis, 2005). His scholarly writing hasbeen published in numerous and highly acclaimed legal and philosophical journals. He recently taught courses on antiterrorismlaw and policy at the <strong>University</strong> <strong>of</strong> Toronto, the National <strong>University</strong> <strong>of</strong> Singapore, and Kyushu <strong>University</strong> andhas presented academic papers to audiences in Canada, Hong Kong, India, Iran, Singapore, South Africa, Sweden and theUnited States. During his time at TJI he delivered a seminar on “Preserving the Rule <strong>of</strong> Law in Times <strong>of</strong> Crisis: A Critique<strong>of</strong> the Extra-Legal Measures Model”.37


9. INTERNSHIP PROGRAMMENYU –TJI Internship SchemeThe Institute has taken part in an internship scheme arranged through New York <strong>University</strong> Law School. The fi rst intern,Ms Leslie Gold, arrived in May and was based at the TJI for a ten week period working with Pr<strong>of</strong>essors Bell and Ní Aoláin.Leslie has worked on a research project on legal norms regarding collusion.38


10. TJI EXTERNAL BOARDThe Transitional Justice Institute’s External Board met on 14 and 15 November 2005 at both Jordanstown and Mageecampuses to discuss, among other issues, the Institute’s Draft Strategic Plan 2006-2008 (Appendix II). The Board is madeup <strong>of</strong>:Pr<strong>of</strong>essor Henry Steiner, Jeremiah Smith, Jr. Pr<strong>of</strong>essor <strong>of</strong> Law, Harvard Law SchoolPr<strong>of</strong>essor Steiner is the founder and director <strong>of</strong> the Harvard Human Rights Program, and for many years chair andco-chair <strong>of</strong> the Harvard <strong>University</strong> Committee on Human Rights Studies. He has published articles on a wide range <strong>of</strong>human rights issues and has lectured on the subject in over 20 countries. His most recent book is Steiner and Alston,International Human Rights in Context: Law, Politics, Morals (2nd ed. 2000). He is also chair <strong>of</strong> the Board <strong>of</strong> Directors <strong>of</strong>the <strong>University</strong> <strong>of</strong> the Middle East Project. Pr<strong>of</strong>essor Steiner is generally recognised as one <strong>of</strong> the most eminent humanrights academics in the United States and the TJI is delighted that he will be a part <strong>of</strong> our intellectual community thisautumn.Pr<strong>of</strong>essor Ruti Teitel, Ernst C. Stiefel Pr<strong>of</strong>essor <strong>of</strong> Comparative LawChair, Comparative Law and Politics Discussion GroupA nationally recognized authority on international law, international human rights, and constitutional law, Ruti Teitel isthe author <strong>of</strong> Transitional Justice (Oxford <strong>University</strong> Press, 2000), which examines the 20th century transitions fromauthoritarianism to democracy in many countries. A member <strong>of</strong> the Council on Foreign Relations, she provides expertcommentary on such issues as the historic trial at the International Criminal Court at The Hague relating to “ethniccleansing” in the former Yugoslavia. An author and frequent speaker in academia and the media, Pr<strong>of</strong>essor Teitel is thefi rst Ernst C. Stiefel Pr<strong>of</strong>essor <strong>of</strong> Comparative Law at New York Law School. She teaches international human rightsand comparative and U.S. constitutional law. Her extensive body <strong>of</strong> scholarly writing on comparative law, humanrights, and constitutionalism encompasses articles published in some <strong>of</strong> the country’s most prestigious legal journals,including the Yale Law Journal, Cornell Law Review, and Columbia Human Rights Law Review. In addition, she has writtennumerous book chapters contributing to volumes covering issues <strong>of</strong> both law and politics. She also writes on humanrights issues for a broader audience, having published in The New York Times, Legal Affairs, and Findlaw.com. A cum laudegraduate <strong>of</strong> Georgetown <strong>University</strong>, Pr<strong>of</strong>essor Teitel received her J.D. from Cornell Law School and was a Senior Fellowat the Orville H. Schell, Jr. Center for International Human Rights at Yale Law School. She is a member <strong>of</strong> the SteeringCommittee <strong>of</strong> Human Rights Watch Europe/Central Asia, as well as a member <strong>of</strong> the Executive Advisory Board <strong>of</strong> theHolocaust/Human Rights <strong>Research</strong> Project <strong>of</strong> Boston College Law School. In 1993, she received a grant from the UnitedStates Institute <strong>of</strong> Peace.Pr<strong>of</strong>essor Christopher McCrudden, Pr<strong>of</strong>essor <strong>of</strong> Human Rights Law, <strong>University</strong> <strong>of</strong> OxfordPr<strong>of</strong>essor Christopher McCrudden teaches in the areas <strong>of</strong> international, European, and comparative human rights, andis interested in the relationship between international economic law and labor rights. He is currently writing a bookentitled: Buying Social Justice about the relationship between public procurement and equality. He is Fellow and Tutor inLaw, at Lincoln College, Oxford; Pr<strong>of</strong>essor <strong>of</strong> Human Rights Law in the <strong>University</strong> <strong>of</strong> Oxford; a non-practicing Barristerat-Law(Gray’s Inn ); and an Overseas Affi liated Pr<strong>of</strong>essor <strong>of</strong> Law at the <strong>University</strong> <strong>of</strong> Michigan Law School. McCruddenholds an LL.B. from Queen’s <strong>University</strong>, Belfast, an LL.M. from Yale, and a D. Phil. from Oxford. He specializes in humanrights (international, European and comparative), and currently concentrates on issues <strong>of</strong> equality and discrimination,and the relationship between international economic law and human rights. He is a member <strong>of</strong> editorial boards <strong>of</strong>several journals, including European Public Law, the Oxford Journal <strong>of</strong> Legal Studies, the International Journal <strong>of</strong> Discriminationand the Law, and the Journal <strong>of</strong> International Economic Law, as well as being co-editor <strong>of</strong> the Law in Context series. Heserves on the European Commission’s Expert Network on the Application <strong>of</strong> the Gender Equality Directives, and is ascientifi c director <strong>of</strong> the European Commission’s network <strong>of</strong> experts on non-discrimination. He is also a member <strong>of</strong> theProcurement Board for Northern Ireland.39


Pr<strong>of</strong>essor Bill Bowring, Pr<strong>of</strong>essor <strong>of</strong> Law, School <strong>of</strong> Law, Birkbeck College, <strong>University</strong> <strong>of</strong> LondonPr<strong>of</strong>essor Bill Bowring is Pr<strong>of</strong>essor <strong>of</strong> Law in the School <strong>of</strong> Law, Birkbeck College, <strong>University</strong> <strong>of</strong> London, and a practisingEnglish barrister (mainly in the European Court <strong>of</strong> Human Rights).He was previously Pr<strong>of</strong>essor <strong>of</strong> Human Rights and International Law at London Metropolitan <strong>University</strong>, the largest<strong>University</strong> in London and Director <strong>of</strong> the <strong>University</strong>’s Human Rights and Social Justice <strong>Research</strong> Institute, and founderand Academic Coordinator <strong>of</strong> the EC/EIDHR funded European Human Rights Advocacy Centre (EHRAC) which is part<strong>of</strong> the Institute. EHRAC is assisting the applicants in more than 60 cases against the Russian Federation, including the fi rstsix cases concerning the confl ict in Chechnya (judgment given for the applicants on 24 February 2005). The Institute isactively engaged in teaching, and Pr<strong>of</strong> Bowring is the founder and Director <strong>of</strong> the LLM in Human Rights, which, with itssister the MA in Human Rights and Social Justice, now attracts some 50 postgraduate students from many countries <strong>of</strong>the world.Pr<strong>of</strong> Bowring is an Executive Committee member <strong>of</strong> the Bar Human Rights Committee <strong>of</strong> England and Wales, a member<strong>of</strong> the Council <strong>of</strong> LIBERTY (the National Council for Civil Liberties), a trustee <strong>of</strong> REDRESS (reparation and compensationfor victims <strong>of</strong> torture) and a member <strong>of</strong> the Rule <strong>of</strong> Law Council <strong>of</strong> the International Helsinki Federation.Pr<strong>of</strong> Bowring is the Senior Criminal Justice Law Expert for the EC/British Council project“Reforming the Procuracy inGeorgia”, and leads the HRSJ team which has designed the training materials and programme and provided training toall 750 prosecutors in Georgia, including on torture issues. He led the Institute team which provided an Audit <strong>of</strong> HumanRights in Serbia and Montenegro for the OSCE Mission in SaM. He is the European Expert for the European Union PolicyAdvice Programme project “The Development <strong>of</strong> a System <strong>of</strong> Administrative Justice in Russia”. He acts as an experton a regular basis for the Council <strong>of</strong> Europe and other international organisations on issues concerning human rights,minority rights, and rights to education.40


11. RESEARCH FUNDINGStaff Name(s) Title <strong>of</strong> Award Funding Body ValuePr<strong>of</strong>essor Fionnuala Scholarships for LLM (1) Planethood $25,000Ní AoláinFoundation, USAPr<strong>of</strong>essor Fionnuala Scholarships for LLM (2) Planethood $2,500Ní AoláinFoundation, USAColm Campbell Visiting Scholarship (3) British Academy £2,600Thomas Bundschuh, Conference Grant (4) British Academy £2,000Esther McGuiness,and Mary O’RawePr<strong>of</strong>essor Fionnuala Conference Grant (5) British Academy £2,000Ní AoláinPr<strong>of</strong>essors Fionnuala RCUK Post Doctoral <strong>Research</strong> <strong>Research</strong> Councils UK £500,000Ní Aoláin, Colm Fellowships (6)Campbell, ChristineBellNotes1. Scholarships for LLM in Human Rights Law: the US-based Planethood Foundation partially funded an internationalstudent in 2005 ($2,500).2. TJI subsequently received $25,000 in funding from Planethood Foundation in 2006 to assist international students inattending the programme.3. TJI secured funding under the British Academy’s Visiting Scholarship programme <strong>of</strong> funding. £2,600 was received t<strong>of</strong>acilitate Pr<strong>of</strong>essor Oren Gross <strong>of</strong> the <strong>University</strong> <strong>of</strong> Minnesota Law School visiting the Institute from May/June toDecember 2005.4. TJI secured funding from the British Academy under its British Conference Grant application for £2,000 to assist withthe travel costs <strong>of</strong> international speakers at the “Women and Human Rights” conference in May 2005.5. TJI secured funding from the British Academy under its British Conference Grant application for £2,000 to assist withinternational travel costs <strong>of</strong> speakers at the conference on “Developing Economic and Social Rights: The Global and theLocal”in November 2005.6. The long-term viability <strong>of</strong> the TJI was further strengthened by the award to the Institute <strong>of</strong> £500,000 to supportpost-doctoral work by the UK <strong>Research</strong> Councils. This will enable the appointment <strong>of</strong> four Post Doctoral AcademicFellows under a scheme that provides funding until 2010.41


ANNEX 1: PUBLICATIONSCopies <strong>of</strong> publications can be downloaded from www.<strong>transitional</strong><strong>justice</strong>.ulster.ac.uk.PROFESSOR CHRISTINE BELLBooksPeace Agreements and Human Rights. Oxford: Oxford <strong>University</strong> Press, 2000.Learning Legal Skills. 3rd ed. London: Blackstone, 1999 (co-author).Peer Reviewed Articles“Peace Agreements: Their Nature and Legal Status.” 100 (2) American Journal <strong>of</strong> International Law(2006)“Lost on the Way Home? The Right to Life in Northern Ireland.” 32 Journal <strong>of</strong> Law and Society(2005): 68 (co-authorwith J Keenan).“Human Rights Nongovernmental Organisations and the Problems <strong>of</strong> Transition.” 26 Human Rights Quarterly(2004): 331 (co-author with J Keenan)“Dealing with the Past in Northern Ireland.” 26 Fordham International Law Journal(2003): 1095.Book Chapters/Other Articles“Human Rights, Peace Agreements and Confl ict Resolution: Negotiating Justice in Northern Ireland.” In Confl ictand Human Rights, edited by J Hesling and J Mertus. Washington DC: United States Institute <strong>of</strong> Peace, 2006forthcoming.“Peace Agreements and Human Rights: Implications for the UN.” In The UN, Human Rights, Post Confl ict Situations,edited by N White and D Klassen. Manchester: Manchester <strong>University</strong> Press, 2005.“Women Address the Problems <strong>of</strong> Peace Agreements.” In Women, Peacemaking and Constitutions, edited by RCoomeraswamy and D Fonseka. New Delhi: Women Unlimited, 2005.“Paths to the Future: Peace Agreements and Human Rights.” In Progressing Towards Peace, edited by J Darby and RMcGinty. Houndsmill: Palgrave/Macmillan, 2002.“Minority Rights and Confl ict Resolution in Northern Ireland.” In Minority Rights in the ‘New Europe’, edited byWheatly and Cumper. The Hague & London: Martinus Nijh<strong>of</strong>f/Kluwer, 1999.“Women, Equality and Political Participation.” In (Dis)Agreeing Ireland, edited by J Anderson and J Goodman. London:Pluto Press, 1999.Reports“Negotiating Justice: Human Rights and Peace Agreements.” Geneva: International Committee on Human RightsPolicy, 2006Other“Reunifi cation: More Than the Colour <strong>of</strong> Post Boxes.” The Village, Dublin November 200542


PROFESSOR COLM CAMPBELLBooksTransitional Justice- Northern Ireland and Beyond Special Edition <strong>of</strong> Fordham International Law Journal, 2003 (coeditorwith F Ní Aoláin).Emergency Law in Ireland, 1918-1925, 429 pp., Oxford <strong>University</strong> Press (Clarendon Press), (1994).C. Campbell (with K. Schulze & M. Stokes) (eds.), Nationalism and Minorities in the Middle East: Identities and Rights,266 pp., IB Tauris (1996).Peer Reviewed Articles‘Making ‘Wars on Terror’? Lessons from Northern Ireland’, Modern Law Review, forthcoming 2006.“’Wars on Terror’ and Vicarious Hegemons.” 54 International and Comparative Law Quarterly(2005): 321“The Paradox <strong>of</strong> Transition in Confl icted Democracies.” 27 Human Rights Quarterly (2005): 172. (co-author withF Ní Aoláin)“Justice Discourses in Transition.” 13 Social and Legal Studies. (2004): 306-28“A Model for the ‘War against Terrorism’? Military Intervention and the 1970 Falls Curfew.” 30 Journal <strong>of</strong> Law andSociety(2003): 341. (co-author with I Connolly).“The Frontiers <strong>of</strong> Legal Analysis: Re-Framing the Transition in Northern Ireland.” 66 Modern Law Review (2003):317-45. (co-author with F Ní Aoláin and C Harvey).“Local Meets Global: Transitional Justice in Northern Ireland.” 26(4) Fordham International Law Journal(2003): 871.(co-author with F Ní Aoláin).“Peace and the Laws <strong>of</strong> War: The Role <strong>of</strong> International Humanitarian Law in the Post-Conflict Environment.” 82International Review <strong>of</strong> the Red Cross (2000): 627-52.“The Criminal Justice (United Nations Convention Against Torture) Act 2000 and the Criminal Justice (Safety <strong>of</strong>United Nations Workers) Act 2000’ 3 Yearbook <strong>of</strong> International Humanitarian Law (2000):529 (co-author with RMurphy)“Two Steps Backwards: The Criminal Justice (Terrorism and Conspiracy) Act 1998.” Criminal Law Review (1999):941-59.“Ireland: Commentary on The Geneva Conventions (Amendment) Act 1998” 2 Yearbook <strong>of</strong> International HumanitarianLaw(Asser Institute Correspondent’s Report) (1999): 380 – 383 (co-author with R Murphy).“The International War Crimes Tribunals Act, 1998” Irish Current Law Statutes Annotated(1998): 40-01 – 40-40.(co-author with R Murphy).“Ireland: Chemicals Weapons Act 1997” 1 Netherlands Yearbook <strong>of</strong> International Humanitarian Law(correspondent’sreports): 460 – 467 (co-author with R Murphy).“The Geneva Conventions (Amendment) Act 1998” Irish Current Law Statutes AnnotatedR. 64 (1998):35-01 - 35-58.(co-author with R Murphy).“Extradition to Northern Ireland: Prospects and Problems” 52 Modern Law Review(1989):585“Irish Extradition Developments” 39 Northern Ireland Legal Quarterly(1988): 191.Book Chapters/Other Articles“Northern Ireland: Violent Confl ict and the Resilience <strong>of</strong> International Law.” In Counter Terror and Human Rights:International Perspectives on National Insecurity, edited by A Brysk and G Shafi r, <strong>University</strong> <strong>of</strong> California Press, 2007(forthcoming).“A Useful Model? Emergency and Anti-Terrorist Powers in Northern Ireland.” In The New Islamic Terrorism, editedby A Bradanini: United Nations Interregional Crime and Justice <strong>Research</strong> Institute (UNICRI), 2003. (co-authorwith I Connolly).“Practice to Theory, States <strong>of</strong> Emergency and Human Rights Protection in Asia.” In Human Rights and Asian Values:Contesting National Identities and Cultural Representations in Asia, edited by M Jacobsen. Curzon Press in associationwith the Nordic Institute <strong>of</strong> Asian Studies (2000): 249 – 279 (co-author with A McDonald).“A Problematic Peace: The Israeli-Palestinian Process and International Humanitarian Law.” In Nationalism andMinorities in the Middle East: Identities and Rights, edited by C Campbell, K Schulze and M Stokes: IB Taurus, 1996.“Sources <strong>of</strong> International Human Rights standards and Enforcement Mandates: International Humanitarian Law,International Human Rights Law and United Nations Resolutions.” In International Human Rights Enforcement: theCase <strong>of</strong> the Occupied Palestinian Territories in the Transition Period, Ramallah: Centre for International Human RightsLaw Enforcement, 1996.43


“Extradition.” In The Anglo-Irish Agreement, Commentary Text and Offi cial Overview edited by T Hadden and K Boyle,Edwin Higel Ltd and Sweet & Maxwell, 1989.“Emergency Law in Northern Ireland: the Context.” In Justice Under Fire edited by A Jennings, Pluto Press, 1stedition 1988, 2nd edition 1990 (co-author with T Hadden and K Boyle).Reports“The Effective Protection <strong>of</strong> Human Rights: An Introductory Handbook.” Centre for International and ComparativeHuman Rights Law, QUB, Occasional Paper Series No. 6, (1999) (co-author with T Hadden and K Boyle).“The Criminal Justice (Terrorism and Conspiracy) Act 1998.” Twenty-Fourth Report <strong>of</strong> the Standing AdvisoryCommission on Human Rights, London: HMSO, 1999:53 – 75“The UN Special Rapporteur on Violence Against Women.” In Women’s Rights as Human Rights: A Practical Guide,Centre for International and Comparative Human Rights Law QUB, Occasional Paper No. 2, 1997.“The Draft Criminal Justice (Northern Ireland) Order 1996: Briefi ng Paper for the Standing Advisory Commissionon Human Rights.” In twenty-second Report <strong>of</strong> the Standing Advisory Commission on Human Rights, London:HMSO 1997: 173 – 183.“Northern Ireland Offi ce Discussion Paper on Committal Proceedings in Northern Ireland.” In Twenty-fi rstReport <strong>of</strong> Standing Advisory Commission on Human Rights, London: HMSO, 1996: 181 – 189“Frameworks for Human Rights Monitoring in the Israeli-Occupied Territories.” In Towards a Strategy for theEnforcement <strong>of</strong> Human Rights in the Israeli-Occupied West Bank and Gaza, The Labour Middle East Council and theConservative Middle East Council, 1992.“Human Rights Work in Situations <strong>of</strong> Armed Confl ict and Political Violence: Case Study No. 2, Northern Ireland.”Santiago, Chile: Signeros Consultores, 1992 (co-author with K Boyle).“A Database on States <strong>of</strong> Emergency: Report <strong>of</strong> a Feasibility Study” Centre for International and ComparativeHuman Rights Law, Queen’s <strong>University</strong>, Belfast,1992 (co-author with T. Hadden and K.S. Venkateswaran)DR PHIL CLARKBooksRebuilding after Genocide: Transitional Justice, Post Confl ict Reconstruction and Reconciliation in Rwanda, 2006 (forthcoming)(co-editor with Z Kaufman).Book Chapters/Other Articles“The Rules (and Politics) <strong>of</strong> Engagement: Aiming at Truth, Justice, Healing and Reconciliation through Gacaca.” InRebuilding after Genocide: Transitional Justice, Post Confl ict Reconstruction and Reconciliation in Rwanda, edited by PhilClark and Z Kaufman, 2006 (forthcoming).“Key Tensions in Transitional Justice.” In Rebuilding after Genocide: Transitional Justice, Post Confl ict Reconstruction andReconciliation in Rwanda, edited by Phil Clark and Z Kaufman, 2006 (co-author with Z Kaufman).“Interviews with Key Figures in Debates over Post Genocide Justice and Reconciliation in Rwanda and Uganda.”Oxford International Review(2005-2006).“Review <strong>of</strong> “Accounting for Horror: Post Genocide Debates in Rwanda” by Nigel Eltringham.” African Affairs(2005).“When Killers Go Home: Local Justice in Rwanda.” Dissent (Summer 2005): 21-28.“The Genocide That Never Ended - Understanding Confl ict in the Great Lakes Region <strong>of</strong> Africa.” Oxford Forum(May 2005).“Hero, Failure or Casualty? - a Peacekeeper’s Experience <strong>of</strong> Genocide.” Dissent(Spring 2005): 115-21.“Judging Genocide on the Grass.” 3(2) Oxonian Review <strong>of</strong> Books (2004).“Voices <strong>of</strong> the Victims.” 3(1) Oxoninan Review <strong>of</strong> Books (2004).Reports“Doing Justice During Confl ict: The International Criminal Court, Transitional Justice and Reconciliation in theDemocratic Republic <strong>of</strong> Congo and Uganda.” New York: Open Society Justice Initiative, 2006 (forthcoming).44


ITA CONNOLLYPeer Reviewed Articles‘Making ‘Wars on Terror’? Lessons from Northern Ireland’, Modern Law Review, forthcoming 2006. (co-author withC Campbell)“A Model for the ‘War against Terrorism’? Military Intervention and the 1970 Falls Curfew.” 30 Journal <strong>of</strong> Law andSociety(2003): 341-75. (co author with C Campbell)Book Chapters/Other Articles“A Useful Model? Emergency and Anti-Terrorist Powers in Northern Ireland.” In The New Islamic Terrorism, editedby A Bradanini: United Nations Interregional Crime and Justice <strong>Research</strong> Institute (UNICRI), 2003. (co-authorwith C Campbell).OtherReview <strong>of</strong> Cultural Moves: African Americans and the Politics <strong>of</strong> Representation, edited by Herman S Gray: 6(1) EthnicConfl ict <strong>Research</strong> Digest, 2006.DR SHANE DARCYBooksTruth Commission and Courts: The Tension between Criminal Prosecutions and the Search for Truth. The Hague: KluwerAcademic Publishers, 2005. (co-editor with W Schabas)Peer Reviewed Articles“What Future for the Doctrine <strong>of</strong> Belligerent Reprisals?” 5 Yearbook <strong>of</strong> International Humanitarian Law(2002):107.“The Evolution <strong>of</strong> the Law <strong>of</strong> Belligerent Reprisals.” 175 Military Law Review (2003): 184.“The Rights <strong>of</strong> Minorities in States <strong>of</strong> Emergency.” 9 International Journal on Minority and Group Rights (2002): 345.Book Chapters/Other Articles“An Effective Measure <strong>of</strong> Bringing Justice? The Joint Criminal Enterprise Doctrine <strong>of</strong> the International CriminalTribunal for the Former Yugoslavia.” 20 American <strong>University</strong> International Law Review(2004): 153.“Achieving De Facto Equality between Men and Women: Making the Employment Equality Act, 1998 Work.” 13Irish Law Times (2004): 199.“In the Name <strong>of</strong> Security: IDF Measures and the Laws <strong>of</strong> Occupation.” 10 Middle East Policy, no. (4) (2003): 57.“Punitive House Demolitions, the Prohibition <strong>of</strong> Collective Punishment and the Supreme Court <strong>of</strong> Israel.” 21 PennState International Law Review(2003): 477.“Demolishing Justice in the West Bank and Gaza: The Israeli Defence Forces’ Ongoing Policy <strong>of</strong> Punitive HouseDemolitions.” Nottingham Human Rights Law review Student Supplement(2003): 22.“Preventive Detention and Post September 11th Legislation.” 5 Trinity College Law Review(2002): 158.Reports“Israel’s Punitive House Demolition Policy: Collective Punishment in Violation <strong>of</strong> International Law.” Ramallah:Al-Haq, 2003.45


DR ELVIRA DOMINGUEZ REDONDOBooks‘Los Procedimientos Públicos Especiales de law Comisión de Derechos Humanos De Naciones Unidas’, Tirant loBlanch, 2005Peer Review Articles‘La Comisión de Derechos Humanos a Debate: el procedimiento 1503’ in Revista Iberoamericana de DerechosHumanos, vol. 2, 2006 forthcoming 36pp.“¿Debe desaparecer la Comisión de Derechos Humanos de Naciones Unidas? [Should the UN Commissionon Human Rights Have Disappeared?] a chapter published in a book by the Jean Monet European Centre <strong>of</strong>Excellence, CEU <strong>University</strong>, Madrid (forthcoming).CLARE DWYERPeer Reviewed Articles“The Complex’ity <strong>of</strong> Imprisonment: The Northern Ireland Experience.” Cambrian Law Review35 (2004): 97.Reports“An Analysis <strong>of</strong> <strong>Research</strong> Conducted with School Children into Children’s Rights in Northern Ireland.” Belfast:Northern Ireland Children’s Commissioner Office, 2005. (co-author).“Children’s Rights in Northern Ireland: Young Persons Report.” Belfast: Northern Ireland Children’s CommissionerOffi ce, 2005. (co-author).“Children’s Rights in Northern Ireland.” Belfast: Northern Ireland Children’s Commissioner Offi ce, 2004. (coauthor).OtherReview <strong>of</strong> The New Punitiveness: Trends, Theories, Perspectives, edited by J Pratt, D Brown, M Brown, S Hallsworth andW Morrison: 46 British Journal <strong>of</strong> Criminology(2006)DR JÉRÉMIE GILBERTBooksIndigenous Peoples’ Land Rights under International Law: From Victims to Actors Transnational Publishers-MartinusNijh<strong>of</strong>f, 2006.Peer Reviewed Articles“Still No Place to Go: Nomadic Peoples’ Territorial Rights in Europe.” 4 European Yearbook on Minority Issues (2006):141-59.“Justice Not Revenge: The International Criminal Court and the ‘Grounds to Exclude Criminal Responsibility’:Defences or Negation <strong>of</strong> Criminality?” 10 The International Journal <strong>of</strong> Human Rights (2006).“Self Determination, Indigenous Peoples and Minorities.” 3 Macquarie Law Journal(2003): 155-78 (co-author)Book Chapters/Other Articles“Les Tribunaux Militaires Et Tribunaux D’exceptions En Republique D’irelande.” In Tribunaux Militaires Et TribunauxD’exception: Perspectives Comparees Et Internationales, edited by Elisabeth Lambert-Abdelgawaad, 2006 (forthcoming).(co-author with C Olivier)“The Blur <strong>of</strong> a Distinction: Adivasis Experience with Land Rights, Self Rule and Autonomy.” In Indigenous Peoples &Human Rights Law, edited by J Castellino and N Walsh: Kluwer, 2005.“The Treatment <strong>of</strong> Territory <strong>of</strong> Indigenous Peoples in International Law.” In Title to Territory in International Law,edited by J Castellino and A Stevens: Ashgate, 2003.“Entries on ’The Right to Self Determination’, ‘Cultural Rights’. ‘The Right to Enjoy a Distinct Culture’, and‘Indigenous Peoples’ Rights’.” In The Essential Guide to Human Rights, edited by C Van Den Anker and R Smith:Hodder, 2005.“Environmental Degradation as a Threat to Life: A Question <strong>of</strong> Justice?” 6 Trinity College Law Review(2003): 81-97.46


“Indigenous Peoples and Environmental Degradation: Human Rights Protection in a Time <strong>of</strong> Globalisation?”Nottingham Human Rights Law review Student Supplement(2001): 21-30.“Judgement Reserved: The Case <strong>of</strong> the National Human Rights Commission <strong>of</strong> India.” States <strong>of</strong> Insecurity Vol.512(2002).Reports“Mainstreaming Human Rights in Treaties and Agreements between States and Indigenous Peoples’.” WorkingPaper. Geneva: United Nations Expert Seminar on Treaties and other arrangements between States and IndigenousPeoples, 2003.“Galway Anti-Racism Strategy, a Legal Appraisal.” Galway City Partnership, National Campaign Against Racism,2004. (co-author).“Accountability and Impunity: Chasing a Mirage in Jammu and Kashmir - an Assessment <strong>of</strong> the Ground Situationfrom 1999 to July 2002.” SAHRDC, 2003. (co-author).Other“Le Protocole De Montreal, Le Droit De Dire Non Aux Ogm.” La Lettre, March 2000“No to Slavery: Mauritania Won’t Speak <strong>of</strong> It.” Human Rights Features (2001).“Wake Up! France Has Minorities.” Opinion - Metro Eireann, December 2005, 8.“La France Et Ses Banlieues: Entre ‘Racialles’ Et Droit Des Minorites.” France Soir2005.DR MICHAEL HAMILTONPeer Reviewed Articles“Freedom <strong>of</strong> Assembly, Consequential Harms and the Rule <strong>of</strong> Law: Liberty Limiting Principles in the Context <strong>of</strong>Transition.” 27(2) Oxford Journal <strong>of</strong> Legal Studies (2007 forthcoming).“Deepening Democracy? Dispute System Design and the Mediation <strong>of</strong> Contested Parades in Northern Ireland.”21 Ohio State Journal on Dispute Resolution (2006 forthcoming) (co-author with D Bryan).Reports“De-Escalating Parade Disputes in Northern Ireland: Interpreting the European Convention on Human Rights.” InReport <strong>of</strong> the Democratic Dialogue Freedom <strong>of</strong> Assembly Working Group. Belfast, 2003.“Meetings and Marches.” In The CAJ Handbook: Civil Liberties in Northern Ireland. Belfast: CAJ, 2003. (co-author).“Working Relationships? An Evaluation <strong>of</strong> Community Mobile Phone Networks in Northern Ireland.” Belfast:Community Relations Council, 2002.“Parades, Protests and Policing: A Human Rights Framework.” Belfast: Northern Ireland Human Rights Commission,2001. (co-author).“Re-Forming Law Reform in Northern Ireland.” In <strong>Research</strong> Report 9, Criminal Justice Review Group. London:HMSO, 2000. (co-author).Other“Parade Related Protests: Is It the ‘Taking Part’ That Counts?” Just News (CAJ), August 2005.ANGELA HEGARTYPeer Reviewed Articles“Truth, Law and Offi cial Denial: The Case <strong>of</strong> Bloody Sunday Criminal Law Forum (2003).‘The Government <strong>of</strong> Memory: Public Inquiries and the Limits <strong>of</strong> Justice in Northern Ireland’, 26 Fordham Int’l L. J.871 (2003)“Transforming Justice, Reclaiming the Rule <strong>of</strong> Law: Legal Transition In Complex Power-Sharing Agreements” in O’Leary,B. and Weller, M (eds) Resolving Self-Determination Disputes Through Complex Power-Sharing Arrangements:Crosscutting Themes,Cambridge <strong>University</strong> Press/European Centre for Minority Issues47


DR VENKAT IYERBooks (edited)V. Iyer (ed, with A. Goonasekera and C. Hamelink), Cultural Rights in a Global World (Singapore: Eastern UniversitiesPress, 2003);V. Iyer (ed), Media Ethics in Asia: Addressing the Dilemmas <strong>of</strong> the Information Age (Singapore: AMIC, 2002)Articles in Journals/Chapters in BooksV. Iyer, “Courts and Constitutional Usurpers: Some Lessons from Fiji”, (2005) 28: 1 Dalhousie Law Journal, 27-68;V. Iyer, “Restoration Constitutionalism in the South Pacific”, (2006) 15:1 Pacifi c Rim Law & Policy Journal, 39-72;V. Iyer, “Recent Developments in Intellectual Property and their Relevance to Asia” in A. Goonasekera, C.W. Leeand S. Venkatraman (ed), Asian Communication Handbook 2003 (Singapore: AMIC, 2003), pp. 370-77;V. Iyer, “Terrorism and the Media: Is Self-Regulation the Answer?” in S. Venkatraman (ed), Media in a TerrorisedWorld (Singapore: Eastern Universities Press, 2004), pp. 106-19;V. Iyer, “TRIPs and WTO: Effects on Individual Artists and Creativity” in A. Goonasekera, C. Hamelink and V. Iyer(ed), Cultural Rights in a Global World (Singapore: Eastern Universities Press, 2003), pp. 81-94;V. Iyer, “States <strong>of</strong> Emergency, Human Rights and International Humanitarian Law” in V.S. Mani (ed), InternationalHumanitarian Law and South Asia (New Delhi: UNESCO, 2003);V. Iyer, “Freedom <strong>of</strong> Information: Some Lessons from the Commonwealth” in S.P. Sathe and Sathya Narayan (ed),Liberty, Equality and Justice (Lucknow: EBC Publishing, 2003), pp. 59-82;V. Iyer, “Securing Media Freedom in a Democratic Burma: Some Refl ections” in (2003) 15 Legal Issues on BurmaJournal 86-93;V. Iyer, “The Importance <strong>of</strong> Judicial Review” in (2002) XXXI:4 Insaf (Journal <strong>of</strong> the Bar Council <strong>of</strong> Malaysia) 60-60-67;V. Iyer, “Media in Divided Societies: The Challenges” in (2002) 29:3 Media Asia 168-171;V. Iyer, “Media Ethics: Obedience to the Unenforceable” in V. Iyer (ed), Media Ethics in Asia: Addressing the Dilemmas<strong>of</strong> the Information Age (Singapore: AMIC, 2002).GRAINNE MCKEEVERPeer Reviewed Articles“Thinking Globally, Acting Locally: Enforcing Socio-Economic Rights in Northern Ireland”, European Human RightsLaw Review, 2 (158) (2004) (co-author F. Ní Aoláin)“Social Security as a Criminal Sanction”, 26(1), Journal <strong>of</strong> Social Welfare and Family Law, 1-16 (2004)“Enforcing Social and Economic Rights at the Domestic Level - A Proposal in Poverty: Rights, Social Citizenship andGovernance”, in <strong>University</strong> <strong>of</strong> British Columbia Press (2006)DR EUGENE MCNAMEEPeer Reviewed Articles“Once more unto the breach: Branagh’s Henry V, Blair’s war and the UK Constitution” in Leslie J Moran et al, eds,Law’s Moving Image (Cavendish Publishing, 2004)“The government <strong>of</strong> the tongue”. 14 Law & Literature 427-461 (2002).“Girls and Boys”, Law and Critique, 15: 25-43, 200448


PROFESSOR FIONNUALA NÍ AOLÁINBooksLaw in Times <strong>of</strong> Crisis - Emergency Powers in the Theoretical and Comparative Perspective. Cambridge: Cambridge<strong>University</strong> Press, 2006. (co-author)The Politics <strong>of</strong> Force - Confl ict Management and State Violence in Northern Ireland. Belfast: Blackstaff Press, 2000.Ni Aolain, F., Weissbrodt D. Fitzpatrick, J, and Neuman. International Human Rights: Law, Policy and Process: AndersonPublishing, 2007.Peer Reviewed Articles“Political Violence and Gender in Times <strong>of</strong> Transition” 15 Columbia Journal <strong>of</strong> Gender and the Law829 (2006)“The Paradox <strong>of</strong> Transition in Confl icted Democracies.” 27 Human Rights Quarterly (2005): 172. (co-author withC Campbell)“Thinking Globally, Acting Locally: Enforcing Socio-Economic Rights in Northern Ireland.” European Human RightsLaw Review (2004): 158-180. (co-author with G McKeever)“Looking Ahead: Strategic Priorities and Challenges for the United Nations High Commissioner for Human Rights.”35(3) Columbia Human Rights Review(2004).“The Frontiers <strong>of</strong> Legal Analysis: Re-Framing the Transition in Northern Ireland.” 66 Modern Law Review(2003):317-45. (co-author with C Campbell and C Harvey).“Local Meets Global - Transitional Justice in Northern Ireland.” 24 Fordham International Law Journal(2003): 1201-23 (co-author with C Campbell).“Balancing Human Rights: International Legal Responses to Terrorism in the Wake <strong>of</strong> September 11th.” IsraelYearbook <strong>of</strong> Human Rights (2003).“Truth Telling, Accountability and the Right to Life.” 5 European Human Rights Law Review(2002): 572-90“From Discretion to Scrutiny: Revisiting the Application <strong>of</strong> the Margin <strong>of</strong> Appreciation Doctrine in the Context<strong>of</strong> Article 15 <strong>of</strong> the European Convention <strong>of</strong> Human Rights.” 23 Human Rights Quarterly (2001). (co-author withO Gross)“Emergency, War and International Law- Another Perspective” 70 Nordic Journal <strong>of</strong> International Law29-63 (coauthorwith O Gross)“The Evolving Jurisprudence <strong>of</strong> the European Convention Concerning the Rights to Life.” 19 Netherlands Quarterly<strong>of</strong> Human Rights (2001): 21-42.“Rethinking the Concept <strong>of</strong> Harm and Legal Categorizations <strong>of</strong> Sexual Violence During War.” 1 Theoretical Inquiriesin Law(2000): 305.“Sexual Violence During the Holocaust - a Re-Evaluation <strong>of</strong> Harms and Rights in International Law.” 12 Yale Journal<strong>of</strong> Law and Feminism (2000): 43“The Relationship between Situations <strong>of</strong> Emergency and Low Intensity Confl ict.” 23 Israeli Yearbook <strong>of</strong> HumanRights (1998): 97.“The Fractured Soul <strong>of</strong> the Dayton Peace Agreement: A Legal Analysis.” 19 Michigan Journal <strong>of</strong> International Law(1998): 957“Beyond the Laws <strong>of</strong> War: Peacekeeping in Search <strong>of</strong> Legal Framework.” 27 Columbia Human Rights Law Review(1996): 293.“Radical Rules: The Effects <strong>of</strong> Evidential and Procedural Rules on the Regulation <strong>of</strong> Sexual Violence in War.” 60Albany Law Review(1997): 883.“The Fortifi cation <strong>of</strong> an Emergency Regime.” 59 Albany Law Review(1996): 1353.“Where Hope and History Rhyme - Prospects for Peace in Northern Ireland.” 50 Columbia Journal <strong>of</strong> InternationalAffairs (1996).“The Emergence <strong>of</strong> Diversity - Differences in Human Rights Jurisprudence.” 19 Fordham International Law Journal(1995).49


Book Chapters/Other Articles“The Individual Right <strong>of</strong> Access to Justice in Times <strong>of</strong> Emergency, Armed Confl ict and Terrorism.” In The Right <strong>of</strong>Access to Justice, 2006 (forthcoming)“Rights after the Revolution: Progress <strong>of</strong> Backslide after the Good Friday Agreement.” In Human Rights Advocatesand Confl ict Resolvers, 2006 (forthcoming).“Enforcing Social and Economic Rights at the Domestic Level - a Proposal.” In Poverty: Rights, Social Citizenship andGovernance: <strong>University</strong> <strong>of</strong> British Columbia Press, 2005. (co-author with G McKeever).“To Know Where We Are Going We Need to Know Where We Are: Revisiting States <strong>of</strong> Emergency.” In A HumanRights Agenda for the Twenty First Century, 1998. (co-author with O Gross)OtherReview <strong>of</strong> Unfi nished Business: State Killings and the Quest for Truth, by B Rolston: 28 Journal <strong>of</strong> Law and Society 311(2001)MARY O’RAWEPeer Reviewed Articles“Human Rights and Police Training in Transitional Societies: Exporting the Lessons from Northern Ireland.” 27(3)Human Rights Quarterly(2005).“Transitional Policing Arrangements in Northern Ireland: The Can’t and Won’t <strong>of</strong> the Change Dialectic.” 26(4)Fordham International Law Journal(2003): 1015-73.Book Chapters/Other Articles“Police Complaints in Northern Ireland.” In Civil Liberties in Northern Ireland, edited by Brice Dickson and MO’Brien. Belfast: CAJ, 2003.“A New Beginning for Policing in Northern Ireland?” In Human Rights, Equality and Democratic Renewal in NorthernIreland, edited by Colin Harvey, (co-authored with Dr Linda Moore). Oxford: Hart, 2001 (co author with LMoore).“Accountability and Police Complaints in Northern Ireland: Leaving the Past Behind?” In Civilian Oversight <strong>of</strong> Policing:Governance, Democracy and Human Rights, edited by A Goldsmith and C. Lewis, Oxford: Hart, 2000 (co author withL Moore).“The United Nations: Structure Versus Substance - Lessons from the Principal Treaties and Covenants.” In HumanRights - an Agenda for the 21st Century, edited by A Hegarty and S Leonard: Cavendish, 1999.Reports“Justice and Human Rights.” In Recognition and Reckoning: The Way Ahead on Victims’ Issues, edited by B Hamberand R Wilson. Belfast: Democratic Dialogue, 2003.“Human Rights in Police Training: Report 4 - Course for All.” Belfast: Northern Ireland Human Rights Commission,2004. (co-author).ADRIENNE REILLYBook Chapter“Slavery Legislation Vs Traffi cking Legislation in Prosecuting the Crime <strong>of</strong> Female Sexual Slavery: The InternationalLaw Perspective.” In Traffi cking and Women’s Rights, edited by C Van Den Anker and J Doomernik: Palgrave Macmillan,2006.50


PROFESSOR BILL ROLSTON“Demobilisation and Reintegration <strong>of</strong> Ex-Combatants: The Irish Case in International Perspective”, Social and LegalStudies, forthcoming Spring 07.“Dealing with the Past: Pro-State Paramilitaries, Truth and Transition in Northern Ireland” Human Rights Quarterly,Volume 28, Number 3, August 2006, pp. 652-675‘‘An Effective Mask for Terror’: Democracy, Death Squads and Northern Ireland”, Crime, Law and Social Change,(forthcoming 2006)“In the Full Glare <strong>of</strong> English Politics: Ireland, Inquiries and the British State”, British Journal <strong>of</strong> Criminology2005 45(4):547-564.“Assembling the Jigsaw: truth, <strong>justice</strong> and reconciliation in the North <strong>of</strong> Ireland”, Race and Class, 2002.EILISH ROONEY“Women’s Equality in Northern Ireland’s Transition: Intersectionality in Theory and Place”, Feminist Legal Studies,14 (3), 2006.DR KIRK SIMPSONPeer Reviewed Articles“Changing Relationships in the Irish Borderlands”“Citizenship Education in Northern Ireland: A Habermasian Perspective.” 9(1) Citizenship Studies (2005): 73-88(co-author with P Daly).“Politics and Education in Northern Ireland.” 12(2) Irish Studies Review: 163-74. (co-author with P Daly).ANNE SMITHPeer Reviewed Articles“The Unique Position <strong>of</strong> National Human Rights Institutions: A Mixed Blessing?” Human Rights Quarterly(2006).“The Drafting Process <strong>of</strong> a Bill <strong>of</strong> Rights for Northern Ireland.” Public Law(2004): 526.“Access to Intervene: The Northern Ireland Human Rights Commission and the Northern Ireland Act 1998.”European Human Rights Law Review4 (2003): 423.Reports“Evaluating the Effectiveness <strong>of</strong> National Human Rights Institutions: The Northern Ireland Human RightsCommission, with Comparisons from South Africa.” 2005. (co-author).Other“Building Equality and Social Justice through Constitutional Provisions: Equality Mainstreaming and the Bill <strong>of</strong>Rights in the 1998 Good Friday Agreement.” Equality and Social Inclusion in Ireland Project, Working Paper No.15, 2006. (co-author).51


ANNEX 1I: TJI STRAGETIC PLAN 2006-2008IntroductionThe TJI aims to produce academic research <strong>of</strong> international excellence which, it is hoped, may signifi cantly infl uencepolicy.The TJI aims to examine <strong>transitional</strong> <strong>justice</strong> and the ways in which law and legal institutions assist (or not) the movefrom confl ict to peace. This includes examination <strong>of</strong> new legal and political institutions as well as mechanisms forengaging with the past. Underpinning the research agenda <strong>of</strong> the TJI is the assumption that the role <strong>of</strong> law in situations<strong>of</strong> transition is different from that in other times (though whether this difference is in kind or merely in degree is itselfan important theoretical issue to be addressed as part <strong>of</strong> its agenda). Rather than being pro-active, prospective andrelated to well established notions or order, stability and community, the role <strong>of</strong> law in <strong>transitional</strong> situations is a lessunderstood role <strong>of</strong> assisting in the transition from a situation <strong>of</strong> confl ict to one <strong>of</strong> peace (perhaps better understood asnon-violent confl ict). While research is beginning to acknowledge this, further research is needed to both expand thisunderstanding and to move beyond the descriptive, to policy suggestions for the future.The Aims <strong>of</strong> the Transitional Justice InstituteThe creation <strong>of</strong> a Transitional Justice Institute aims to enable research <strong>of</strong> the highest international standard to befurther developed in Northern Ireland. It provides an identifi able base, both physically and in the form <strong>of</strong> a community<strong>of</strong> researchers, from which to develop and attract international scholars and liaise with policy makers in local andinternational institutions. It will play a key role in taking legal research in Northern Ireland to the centre <strong>of</strong> internationalstages.The aims <strong>of</strong> the Institute are:• To build a theoretical and practical understanding <strong>of</strong> the role <strong>of</strong> ‘<strong>transitional</strong> <strong>justice</strong>’, and the underlying relationshipbetween <strong>justice</strong> and peace;• To examine the role <strong>of</strong> the international and domestic legal systems and institutions in facilitating transition fromconfl ict;• To make links between the experience <strong>of</strong> Northern Ireland and international experience, so as to benefi t bothNorthern Ireland and other contexts;• To inform policy makers involved in peacemaking in local and international institutions; and• To fi ll the existing gap <strong>of</strong> analysis which exists in relation to gendered experiences <strong>of</strong> transition.The Institute has established authoritative analysis <strong>of</strong> rapidly developing legal controversies in Northern Ireland for thebenefi t <strong>of</strong> a global audience, and also brings comparative experiences and international infl uences into the NorthernIrish debate. It is building an ‘active research’ model, where engagement with institutions, policy-makers and communities(internationally and locally) generates research, and research generates engagement. Establishing such an Institute inNorthern Ireland is enabling <strong>transitional</strong> <strong>justice</strong> research in a society experiencing a transition, but which has thenecessary academic research infrastructure to inform and refl ect on the process <strong>of</strong> transition itself. Northern Ireland isalso a devolved region <strong>of</strong> a western liberal democracy. This distinctive straddling <strong>of</strong> the categories <strong>of</strong> ‘confl ict/<strong>transitional</strong>society’ and ‘western democracy’ make Northern Ireland the ideal place to develop research on the extent to which thedilemmas and solutions <strong>of</strong> ‘<strong>transitional</strong> <strong>justice</strong>’ have a currency as regards social change in less dramatic circumstances.With respect to other <strong>transitional</strong> societies, the example <strong>of</strong> Northern Ireland is useful when considering how issuesand processes vary in different contexts. The Institute’s research agenda (below) therefore is relevant to processes <strong>of</strong>democratic renewal wherever they take place.The Transitional Justice Institute (TJI) was established in June 2003, following a £4.2 million grant under the SupportProgramme for <strong>University</strong> <strong>Research</strong> II.52


<strong>Research</strong> AgendaIn addition to developing the theoretical and conceptual underpinnings <strong>of</strong> the notion <strong>of</strong> ‘<strong>transitional</strong> <strong>justice</strong>’, the TJI’sresearch agenda is grouped under five areas:1. Conflict and Law<strong>Research</strong> in this area addresses the relationship between law and conflict prevention, management and transformation.2. Transformation <strong>of</strong> Political Participation and Institutions<strong>Research</strong> in this area examines the relationship between political accommodation and minority rights, the relationshipbetween political institutions and law more generally; and how civil society organization and notions <strong>of</strong> ‘participatorydemocracy’ play out in the <strong>transitional</strong> setting.3. Transformation <strong>of</strong> Legal Institutions<strong>Research</strong> in this area addresses the issue <strong>of</strong> rule <strong>of</strong> law and reform <strong>of</strong> legal institutions.4. Dealing with the Past<strong>Research</strong> in this area addresses existing mechanisms for dealing with the past, and their critiques (both theoretical andpractical), with a view to making policy suggestions for domestic and international audiences.5. Gender, Conflict and Transition<strong>Research</strong> in this area aims to examine the gender dynamics <strong>of</strong> transition. <strong>Research</strong> in this area is focused on twocomplementary elements. First, specifi c research on the relationship <strong>of</strong> women to war, peacemaking and peace-building,aimed at informing the study <strong>of</strong> <strong>transitional</strong> <strong>justice</strong> generally. Second, by ensuring that research in other areas havegender analysis integrated into their formation and delivery.Strategic ObjectivesThe TJI will seek to further its research agenda through a number <strong>of</strong> strategic objectives.2006-2007• To continue to develop the core research <strong>of</strong> the TJI• To continue to develop multi-disciplinary research• To continue to meet the concrete publication and other targets identified in the original funding bid (Appendix)• To continue to support staff and associate researchers to develop the TJI research agenda through the TJI’s researchsupport mechanisms• To continue to develop the infrastructure <strong>of</strong> the TJI by creating new administrative support mechanisms• To continue to work towards an improved RAE rating in the 2008 <strong>Research</strong> Assessment Exercise, by supportingresearch and using appropriate external review• To further develop the LL.M. as a flagship programme.• To explore the possibility <strong>of</strong> a dedicated TJI publication vehicle• To continue to address the sustainability <strong>of</strong> the TJI• To facilitate an external review <strong>of</strong> the operation <strong>of</strong> the TJI• To seek to minimise administrative burdens, generally and in particular, on key researchers2007-2008In addition to continuing to deliver on the above objectives to:• Prepare a law submission for the <strong>Research</strong> Assessment Exercise• To ensure the requisite <strong>University</strong> support for the TJI subsequent on the conclusion <strong>of</strong> external funding.53


Management StructuresThe institutional architecture <strong>of</strong> the Institute is as follows:The Directorship <strong>of</strong> the Institute will be held throughout the four year period by one <strong>of</strong> the Law Pr<strong>of</strong>essors, althoughmore than one Directorship may take place within the four year period. S/he will have responsibility for the day-to-dayrunning <strong>of</strong> the Institute; for organizing meetings and implementing decisions <strong>of</strong> the Coordination and Advisory Boards;for ensuring that <strong>University</strong> reporting requirements are met; and for preparing an annual report.A Coordination Committee, consisting <strong>of</strong> the key Law pr<strong>of</strong>essors will meet on a regular basis. This will be the primarymechanism whereby a coherent and integrated agenda will be delivered. The Board will have responsibility for preparation<strong>of</strong> strategic plans; for overseeing the implementation <strong>of</strong> the plan; for the award <strong>of</strong> Transitional Justice Fellowships,Associate membership <strong>of</strong> the TJI, Visiting Fellowships, research studentships and Transitional Justice Scholarships; and fororganizing international external reviews <strong>of</strong> the Institute’s operation.An External Board, consisting <strong>of</strong> four leading academics will meet annually, and comment on strategic development, adviseon the strategic plan for the Institute; comment on the reports from the external reviews in years 2 and 4; commenton the Director’s annual reports; and provide advice, individually and collective, on an on-going basis in relation to theoperation <strong>of</strong> the Institute.A Post-graduate Forum is to take place annually in order to give institutional expression to the work <strong>of</strong> post-graduatestudents attached to the Institute.External Review. In years 2 and 4 <strong>of</strong> the Institute’s operation, external reviews <strong>of</strong> the work <strong>of</strong> the Institute will becommissioned. The purpose <strong>of</strong> the reviews will be to assess the extent to which the Institute has met the objectivesspecifi ed herein and the targets set out in the strategic plan and to make recommendations for enhancing the work <strong>of</strong>the Institute. The reports arising from the reviews will be submitted to the funders, to the External Board, and to the<strong>University</strong>. It will be the responsibility <strong>of</strong> the Coordination Committee in conjunction with the Director to ensure thatappropriate follow-up action is taken, in order to enhance the reputation <strong>of</strong> the Institute as a site <strong>of</strong> internationallyexcellent scholarship.SustainabilitySustainability will be addressed through the TJI management board, and also through discussions at the School andFaculty level.54

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