| In this issue: SIM's 40th anniversary events, research, teaching and training
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| Netherlands Institute of Human Rights (SIM)
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| Add info@mailings.uu.nl to your safe senders or address book to ensure that you receive newsletters from Utrecht University in the inbox. At http://veiligeafzender.nl/ you can read how to add an e-mail address as a safe sender in applications such as Gmail, Outlook and Apple Mail.
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| Newsletter Fall 2021, Issue 27
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This edition celebrates the 40th anniversary of SIM by giving an overview of the conference held on 2 October, as well as the work of the SIM staff during the summer months and into early fall. We are all excited to be back in the classroom, amongst colleagues and planning in-person conferences, as Europe and the rest of the world takes its first steps into the post-Covid era. I hope you will enjoy reading about all that we have been up to!
Best wishes on behalf of the whole team at SIM at Utrecht University Law School,
Antoine Buyse, director
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| 40 Years SIM Conference - Life Begins at Forty
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| SIM 40th Anniversary Conference
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| On 2 October, SIM celebrated its 40th birthday by coming together for a day-long in-person conference at the Academiegebouw. Alumni, staff and students had the opportunity to listen to and engage with academic panels discussing current and future human rights issues. Topics on the program were: human rights and increasing inequalities; how to achieve change through human rights institutions; and an introspective on the development of SIM as an institution. The highlight of the conference was the Peter Baehr lecture, which was delivered by UN Human Rights High Commissioner, Michelle Bachelet. It was a fantastic day, providing many with the first opportunity to properly catch-up with colleagues and friends since the beginning of the pandemic.
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With the Glasgow climate summit just around the corner, the UN Human Rights High Commissioner's Peter Baehr lecture focused on the need for policy makers and human rights advocates to stress the connection between environmental protection and human rights protection. The High Commissioner's message was one of hope. Faced with the binary choice of breaking through or breaking down, the High Commissioner expressed a firm belief in the ability of humanity to face-up to the challenges before us and deliver a plan for a more sustainable future. The High Commissioner also took questions from students of the Public International Law Masters on a range of subjects. Her candid and passionate responses will serve as inspiration to anyone who gets a chance to watch. The link to a recording of the conference can be found here, with the lecture beginning at 5:57:20. The lecture will also feature in the next edition of the Netherlands Quarterly of Human Rights.
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Imperfect Conversation
On 14 October, Antoine Buyse participated in a so-called 'imperfect conversation' - an initiative to connect voices across continents, with Zenaida Machado, a Mozambican human rigths activist and journalist. The conversation was part of the launch of the newest issue of the Portuguese review Mundo Critico, dedicated this time to civic space as an expression of liberty and creativity.
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Human rights education part of the Dutch curriculum
In August, the Netherlands adopted a law stating that attention to human rights and the rule of law has to be part of the curriculum in all Dutch primary and secondary schools. This breakthrough comes after years of advocacy with the involvement of many SIM members, such as Felisa Tibbitts. Barbara Oomen, who formally chaired the Netherlands Platform on Human Rights Education, featured in a television report on the topic.
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Campaigning for a Day to Celebrate the Dutch Constitution
SIM's honorary professor in human rights, Bas de Gaay Fortman, remains actively involved in a national public campaign to enhance a general commitment to the Netherlands Constitution, focusing primarily on municipal councils and schools. The campaign is a run-up to a nationwide celebration of 175 years of parliamentary democracy and the rule of law in 2023 as guaranteed in the constitution of 1848. Bas wrote an essay in the Nederlands Juristenblad to argue for an annual national constitution day, entitled ‘3 november Grondwetdag’.
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Human rights education training for Pakistan Ministry of Human Rights
On 28 September, Felisa Tibbitts conducted a webinar for the Pakistan Ministry of Human Rights on strategies to measure human rights education. The Pakistan National Plan of Action for Human Rights includes the infusion of human rights within the primary and middle school curriculum. Felisa shared her experiences developing two Stakeholder Reports on the status of human rights education in the second and third cycle of the UPR in the United States.
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People's Tribunal on the Murder of Journalists - Opening Hearing
On 2 November the opening hearing of the new People’s Tribunal on the Murder of Journalists in The Hague will take place. The Tribunal aims to investigate cold cases and seek justice against those involved in the murder of journalists. The Tribunal is organised by Free Press Unlimited, the Committee to Protect Journalists and Reporters without Borders, as part of the initiative A Safer World for the Truth. Kushtrim Istrefi has provided legal advice by reviewing key legal instruments underlying the creation of the Tribunal. To register for the opening hearing, email: muller@freepressunlimited.org.
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Addressing Hate Speech Through Education
On 30 September, Felisa Tibbitts participated in a panel on preventing hate speech through education, co-organized by UNESCO and the UN Special Advisor on the Prevention of Genocide. Felisa encouraged education leaders to support teachers in a range of classroom practices, such as: how to recognize hate speech and its antecedents; methodologies for dealing with sensitive issues; practice in addressing sensitive issues; addressing their own views, emotions and experiences; and, by providing user-friendly guides that can be adapted locally.
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| On 27-28 August, the annual conference of the Association of Human Rights Institutes (AHRI) was hosted by Maastricht University and held online. A number of SIM researchers took part. Brianne McGonigle Leyh spoke on strategic litigation for serious international crimes accountability and the role of civil society actors in advancing accountability efforts. Antoine Buyse spoke together with Kushtrim Istrefi on Bosnia and Kosovo binding themselves to the European Convention on Human Rights before ratification. Lorena Sosa and Alexandra Timmer presented on the Glass Ceiling of Anti-Stereotyping: A Critical View Based on ECtHR Case Law. Sara Miellet and Barbara Oomen discussed the issue of: Solidarity, pity thee or the CRC: the framing of local refugee relocation in the Netherlands. Sara Miellet also presented on her research: Human Rights Cities: between promise, praxis, productive tension and populism. At the same conference SIM director Antoine Buyse stepped down from the AHRI executive committee after having served on it for 9 years. Several new members have joined both the organisation and the executive committee. Next year's conference will be held in Pretoria, South Africa.
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Podcast
In the Dutch-language podcast 'Ons goed Recht', hosted by associate professor Ingrid Leijten of Leiden University, Antoine Buyse was interviewed on his research on civic space and human rights. The podcast focuses on fundamental rights in current-day society. SIM researchers and fellows Alexandra Timmer, Janneke Gerards and Barbara Oomen, as well as SIM foundation chair Egbert Myjer, were interviewed for earlier episodes.
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Wiarda Prize Winner
Laura Henderson was awarded the Wiarda Prize 2021 for her publication "Internalizing Contestation in Process-Based Judicial Review". The Prize acknowledges the most outstanding publication in the period 2019-2020 by a researcher associated with the School of Law. Her article was judged excellent based on the quality of its substantive analysis, its academic and societal relevance, originality, and both methodology and multidimensionality.
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Annual Conference of the European Society of Criminology (EUROCRIM)
On 8-10 September, the annual conference of the European Society of Criminology (ESC) was hosted online. Brianne McGonigle Leyh presented on strategic litigation for serious international crimes accountability and the role of civil society actors in advancing accountability efforts. The next EUROCRIM will take place in Malaga, Spain from 21-24 September.
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Council of Europe Conference on Women’s Access to Justice
On 7 October, Alexandra Timmer spoke at the high-level Women’s Access to Justice: moving closer to full ratification and implementation of the Istanbul Convention organised by the Council of Europe. Alexandra spoke on the first panel on ‘Setting the scene: Violence against women: the shadow pandemic, its impact and the barriers for women’s access to justice’.
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Berkeley Center Conference
In July, Lorena Sosa and Alexandra Timmer presented at the Annual Conference of the Berkeley Center on Comparative Equality and Anti-Discrimination Law (‘BCCE’), organized by the University of California Berkeley and the University of Cape Town. Their presentation was entitled ‘The Glass Ceiling of Anti-Stereotyping: A Critical View Based on ECtHR Case Law’. The BCCE is a group of over 800 academics, advocates and activists. The 2023 annual conference will take place in Utrecht, and will be organized by Linda Senden and Alexandra Timmer.
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Human Rights Cities report
In October, the EU Fundamental Rights Agency launched a report on how to become a human rights city. The report focuses on the foundations, structures and tools that are relevant, with explicit attention given to the role of a human rights culture, and the importance of participation. Barbara Oomen, as a board member of the Human Rights Cities Network and Cities of Refuge project leader, was involved in drawing up the framework from the start. She spoke about the relevance of human rights cities at a special session during the 2021 Fundamental Rights Forum, organized by the Geneva Cities Hub.
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Research Fellowship at University of Georgia’s Dean Rusk International Law Center
During the month of August, Brianne McGonigle Leyh had a research fellowship at the University of Georgia’s Dean Rusk International Law Center. While there Brianne worked with Professor Diane Marie Amann, Regent’s Professor of International Law, who recently served as the Special Advisor on Children in and affected by armed conflict to the Prosecutor of the International Criminal Court. Prof. Amann holds an honorary doctorate from Utrecht University, bestowed in 2007. Whilst there, Brianne presented on two of her current research projects: one relating to networking justice and the role of civil society carrying out private investigations of serious international crimes, and one relating to transitional justice in the United States. Her fellowship was made possible by the LEG Visiting Fellowship Grant and support from SIM.
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NWO Hestia Grant goes to SIM Academic
In July 2021, Katharine Fortin was granted the NWO’s Hestia grant for a project entitled ‘Civilian Agency of Local Elites in the Emerging Post-Rebel Order in Eastern Ghouta, Damascus’. The project – which is connected to Katharine’s Veni grant ‘Dangerous Liaisons: armed groups, civilian agency and international law’ - will enable Mohammad Kanfash to spend 18 months at the Law School affiliated to the Montaigne Centre for the Rule of Law and Administration of Justice. Mohammad will be researching State return in Syria, with a special focus on the role of civilian elites. The project will be supervised jointly by Katharine Fortin and Chris van der Borgh (Conflict Studies). The NWO Hestia grant is a funding instrument intended to make Dutch science and the academic labour market accessible to refugee academics with demonstrable refugee status.
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Human Rights and Higher Education
A book panel including Felisa Tibbitts and co-editor Dr. Andre Keet took place virtually on 23 September. Their forthcoming Routledge book “Emancipatory Human Rights and the University” addresses the theory and practice of human rights in higher education. The book panel was part of both the 40th Anniversary of SIM as well as the 100th Anniversary of the Soroptimists. The event was recorded and is available online.
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Annual Toogdag Netherlands Network for Human Rights Research
The Annual Toogdag Netherlands Network for Human Rights Research was this year co-hosted by the Vrije Universiteit, the University of Amsterdam and the Asser Institute from 22-24 June. The topic was Human Rights and Vulnerability. Alexandra Timmer spoke together with Moritz Baumgärtel, Louis Kotzé and Lieneke Slingenberg at the first plenary Panel on Human Rights and Vulnerability.
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Conference on Extraterritoriality in International Law
On 17 September, Kushtrim Istrefi chaired a panel on Extraterritoriality and International Law, at a conference organised by Cedric Ryngaert from Ucall and Austen Parrish from Indiana University. The panel discussed extraterritoriality in the field of human rights, mass migration, domestic adjudication and sovereignty. Speakers included Chimene Keitner (University of California), Sara Seck (Dalhousie University), Ralf Michaels (Max Planck Institute) and Austen Parrish (Indiana University).
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Masters Thesis to be presented at the American Academy of Religion
Wietske Merison, a 2021 cum laude laureate of the LL.M. in Public International Law, supervised by Salvo Nicolosi and Antoine Buyse, has been invited to present the findings of her thesis entitled “Testimony of Faith. A Critical Interdisciplinary Analysis of the Assessment of Religious Conversions in Asylum Claims” at the Annual Meeting of the American Academy of Religion in the Religion & Law Unit. The Annual Meeting will take place from 20-23 November in San Antonio (Texas, US). A link to the meeting can be found here.
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| SIM Teaching and Upcoming Events
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EMA Graduation
On 26 September, the annual graduation ceremony of the European Master's programme in human rights and democratisation took place in the Grande Scuola di San Rocco in Venice, Italy. SIM again hosted three second semester students this year under the supervision of Antoine Buyse and Marjolein van den Brink. In spite of the challenges posed by the pandemic, they successfully graduated - warm congratulations to Livia Cintro Melo Ferro, Caroline Hansen and Charles-Antoine Leboeuf!
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PhD Defence - Reparation for Victims of Armed Conflict
On 7th July, Katharine Fortin took part in the examination committee for the PhD defence of Olivia Herman at Leuven University. The title of Olivia’s doctoral thesis was 'Righting Wrongs: Non-State Armed Groups and Reparations for Victims of Armed Conflict, with a Case Study of Colombia’. Her supervisor was Prof. Dr. Jan Wouters and her co-supervisor was Prof. Dr. Stephan Parmentier.
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SIM Summer School Success!
The 2021 SIM Summer School course “Introduction to International Human Rights Law” took place entirely online from 5-9 July, with a full virtual classroom of 37 learners representing over 20 countries. In addition to undergraduate and graduate students, the learners included working adults, including representatives from Amnesty International and higher education. Two thirds were either law students or had a legal position. The summer school course was co-coordinated by Felisa Tibbitts and Julie Fraser and assisted by UU student Linde van der Hofstad.
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International Criminal Law Training
From 13 to 24 September 2021, Jérôme de Hemptinne delivered lectures on human rights and international criminal law at the ‘Twelfth Dakar Session‘ of the Foundation René Cassin (Strasbourg) in Senegal. The general theme of this year’s course was ‘Digital technology and Human Rights’. The participants were mainly judges, members of NGOs and international organisations, journalists, professors, and students coming from the Western Africa.
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Podcast: Travelling Concepts on Air
Together with Dr. Tessa Diphoorn from cultural anthropology, Brianne McGonigle Leyh has finished recording all 10 episodes of Season 1 of the podcast Travelling Concepts on Air. The podcast explores the promise and ideal of interdisciplinarity. We encourage all listeners to assign one or more of the episodes in their teaching. Students can then fill out the short survey found here.
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ECHR MOOC Course
Register now for the next edition of our Massive Open Online Course, 'Human Rights for Open Societies, an Introduction to the ECHR', which will run in early November. The MOOC is organised by Antoine Buyse, Janneke Gerards and Claire Loven on the Coursera platform. Find a link to the course here and in the registration section of the newsletter below.
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| In-person Workshop on Current Discussions on Gender Identity Registration
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As part of October Diversity Month, the Utrecht Centre for European Research into Family Law (UCERF) and the Netherlands Institute of Human Rights (SIM) will host an interactive research workshop on practical and theoretical aspects of gender-identity registration. The workshop will include presentations by senior and junior researchers.
Details for the event:
28th October from 1:00 pm until 5:30 pm
Kanunnikenzaal, Academy building
Register here
Following the workshop, we invite you to join us for drinks for further discussion.
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Fulbright-Schuman Visiting Scholar
Moritz Baumgärtel is currently a Fulbright-Schuman Visiting Scholar at the School of Law of the University of California, Los Angeles and the UCLA Center for Immigration Law and Policy. During his stay from September 2021 to February 2022, he will be conducting research comparing legal mobilizations surrounding sanctuary cities in the United States and European cities of refuge.
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Senior Research Associate Appointment
Salvatore Nicolosi has been appointed as a Senior Research Associate at the Programme for Studies on Human Rights in Context at Ghent University (Belgium). The programme brings together scholars and practitioners who share an interest in human rights, with a particular focus on promoting recognition of the equal dignity of and respect for all people.
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First Open Summit of the Weimar Triangle of Lawyers In Defence of the Rule of Law
On 22 October, the German, French and Polish bar associations will hold in Berlin the first open summit on ‘Legal Professionals in Defence of the Rule of Law’. The summit will bring together attorneys, judges, prosecutors, academics and activists to address the rule of law decline in Europe. Kushtrim Istrefi will present on the strategies of addressing rule of law decline during a state of emergency. Kushtrim be co-chairing the panel with Anja Seibert-Fohr (ECtHR Judge), Vincent Nioré (VP of the Paris Bar), Małgorzata Szuleka (Helsinki Foundation for Human Rights), amongst others.
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Desecuritising Human Rights - Law Schools Global League Conference, Edingurgh
In September, Vivek Bhatt was invited to speak at the virtual Law Schools Global League conference, hosted by Edinburgh Law School. Vivek’s presentation was titled “Backlash against Human Rights Law in the UK: An Interdisciplinary Perspective.” Drawing upon critical security studies, the paper explored the ‘securitisation’ of human rights law in UK political discourses – its representation as a threat to British sovereignty, political integrity, and society. The presentation thus provided a practical toolkit for the ‘desecuritisation’ of human rights by lawyers, advocates, and scholars.
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| PhD Defence - Human Rights Education a Help or a Hinderance?
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| Does human rights education contribute to the elimination of racism? Or does it perpetuate racism? Lisenne Delgado answers these questions with her PhD-research on human rights education. The United Nations and Curaçao are the two case studies in her work. A topical thesis given recent Dutch educational curriculum changes. Lisenne Delgado will defend her PhD-research on 21 December 2021 at Utrecht University. Her supervisors are Barbara Oomen and Rose Mary Allen. All are welcome to watch the defence (online)!
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Interview by Mission 4.7
On 22 September, Felisa Tibbitts was interviewed by Mission 4.7 as part of a panel organized as a UNGA side event on education for sustainable development. Felisa was asked to comment on the learning goals and strategies for the infusion of human rights education within education for sustainable development (SDG 4.7). Felisa is on the Education Task Force of Mission 4.7.
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Human rights and the military
On 8th October, Katharine Fortin spoke at the Conference ‘Celebrating Fifty Years of the Chair of Military Law at the University of Amsterdam’, which was organized as the valedictory conference for Professor Terry Gill. The conference brought together a rich mix of military and government lawyers and scholars. Together with Professor Jann Kleffner, Katharine spoke on the panel addressing the issue the role of human rights law in military operations.
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| Use of Armed Drones and Human Rights
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National Rapporteur Appointment
Javier Couso was appointed by the Académie Internationale de Droit Comparé (AIDC) as National Rapporteur for Chile at the 2022 General Congress of the Académie on the topic of "Governmental policies to fight pandemics: defining the boundaries of legitimate limitations on fundamental freedoms". Each National Rapporteur will prepare a report on his/her country on this domain, which will presented at the AIDC Congress and then published.
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New SIM Board Member for the Law and Method Journal
SIM Fellow Jessica Dorsey recently joined the editorial board of Law and Method, a journal dedicated to methodological issues of law and legal scholarship in research and education. The most recent edition of the journal can be found here. Recent contributions include: 'law schools and the ethics of democracy' and 'Professional ethics for judges'.
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| Conference - Global Implications of Migratory Movements
On 11 and 12 November, Salvatore Nicolosi will be contributing to the upcoming Conference on Global implications of migratory movements, organized by the Utrecht Centre for Global Challenges and the RENFORCE building block on Citizenship and Migration, with a panel of scholars and practitioners addressing the topic of “Managing refugee flows to Europe: Actors and Responsibilities”
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Jessica Dorsey
Jessica Dorsey is an Assistant Professor of Education in International and European Law, an Associate Fellow at the International Centre for Counter-Terrorism—The Hague, the Managing Editor of the international law weblog Opinio Juris and an executive board member of Airwars. Her research and teaching focus on issues at the intersection of international human rights law, international humanitarian law and counterterrorism. She works with colleagues across the Utrecht School of Law in establishing a Legal Skills Academy focusing on integrating and improving skills-based initiatives for law students and teachers, including community-engaged learning plans and programs that promote a human rights approach (such as the TIC-to-TIC program).
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Elmin Omičević
Elmin Omičević is the new Managing Editor of the Netherlands Quarterly of Human Rights and a PhD candidate in transnational law enforcement and fundamental rights at RENFORCE and the Willem Pompe Institute for Criminal Law and Criminology. Elmin’s doctoral research focuses on the external dimension of European agencies and bodies operating in the EU’s Area of Freedom, Security and Justice and, more specifically, questions the extent to which these actors can be held accountable for human rights violations committed in cooperation with countries outside the EU. Further academic interests include international justice and the Western Balkans region, the position of minorities in society, and the power of both human rights and criminal law to enhance that position.
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| Utrecht Journal of International and European Law - Mothers of Srebrenica
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In July 2021, Kushtrim Istrefi co-edited a special open access issue on The Legacy of the Mothers of Srebrenica Case with the Utrecht Journal of International and European Law. The special issue is a result of a conference on the same theme, organised last year by Ucall, SIM and NNHRR.The aim of this special issue is to take stock of the Dutch Mothers of Srebrenica litigation, especially the Dutch Supreme Court’s judgment, and to examine its legacy. What can domestic courts dealing with tort-based mass atrocity cases learn from the Dutch experience? What are the challenges into which courts hearing such cases risk running? What impact has the litigation had on the development or refinement of legal doctrines, under domestic law, human rights law and public international law? Contributions include:
• Kushtrim Istrefi and Cedric Ryngaert, Introduction: Special Issue ‘Legacy of the Mothers of Srebrenica Case’
• Rianka Rijnhout, 'Mothers of Srebrenica: Causation and Partial Liability under Dutch Tort Law'
• Kushtrim Istrefi, 'The Right to Life in the Mothers of Srebrenica Case: Reversing the Positive Obligation to Protect from the Duty of Means to that of a Result'
• Uglješa Grušić, 'Tort Law and State Accountability for Overseas Violations of International Human Rights Law and International Humanitarian Law: the UK Perspective'
• Cedric Ryngaert, 'Attributing Conduct in the Law of State Responsibility: Lessons from Dutch Courts Applying the Control Standard in the Context of International Military Operations'
• Zane Ratniece, 'Fair Trial in Mothers of Srebrenica et al.: Guessing as a Form of Reasoning'
• Luca Pasquet, 'Litigating the Immunities of International Organizations in Europe: The ‘Alternative-Remedy’ Approach and its ‘Humanizing’ Function'
• Otto Spijkers, 'Legal Monuments for Srebrenica in the Hague'
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| Utrecht Law Review - Rule of Law From Below
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Antoine Buyse, Katharine Fortin, Julie Fraser and Brianne McGonigle Leyh have co-edited a special open access issue of the Utrecht Law Review (Vol. 17, Issue 2, 2021) on the theme of 'Rule of Law from Below'. It investigates instances where actors beyond formal state institutions, who have no constitutional or other formal legal role, take it upon themselves to uphold and defend the rule of law. This is especially important in today’s global context of shifts in power between state and non-state actors, as well as pervasive democratic and rule-of-law backsliding. Contributors include:
• Antoine Buyse, Katharine Fortin, Julie Fraser & Brianne McGonigle Leyh, 'The Rule of Law from Below - A Concept under Development'
• Clara Burbano Herrera & Yves Haeck, 'The Historical and Present-Day Role of Non-Governmental Organisations before the Inter-American Human Rights System in Documenting Serious Human Rights Violations and Protecting Human Rights and the Rule of Law Through Ensuring Accountability'
• Katharine Fortin, Of Interactionality and Legal Universes: 'A Bottom-Up Approach to the Rule of Law in Armed Group Territory'
• Ana Gascón Marcén, 'The Platform for the Protection of Journalists: A Mechanism for Cooperation between Non-Governmental Organisations and the Council of Europe'
• Barbara Grabowska-Moroz & Olga Śniadach, 'The Role of Civil Society in Protecting Judicial Independence in Times of Rule of Law Backsliding in Poland'
• Alexander Gilder, 'UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law'
• Brianne McGonigle Leyh, 'The Role of Universities and Law Schools in Documenting Serious International Crimes and Advancing the Rule of Law'
• Aikaterini Tsampi, 'The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law'
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| Netherlands Quarterly of Human Rights
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- Alexandra Timmer, Moritz Baumgärtel, Louis Kotzé and Lieneke Slingenberg, 'The potential and pitfalls of the vulnerability concept for human rights'
- Stephanie Eleanor Berry and Isilay Taban, 'The right of minority-refugees to preserve their cultural identity: An intersectional analysis'
- Dimitrios Kagiaros, 'Reassessing the framework for the protection of civil servant whistleblowers in the European Court of Human Rights'
- Katie Pentney, 'Licensed to kill…discourse? agents provocateurs and a purposive right to freedom of expression'
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| Oomen, B., Baumgärtel, M., Miellet, S., Durmus, E., & Sabchev, T. (2021) 'Strategies of divergence: Local authorities, law, and discretionary spaces in migration governance' Journal of Refugee Studies
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| Oomen, B., Baumgärtel, M., Miellet, S., Sabchev, T., & Durmus, E. (2021) 'Of Bastions and Bulwarks: A Multi-Scalar Understanding of Local Bordering Practices in Europe' International Journal for Crime, Justice and Social Democracy, 10(3), pp 16-29
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| For more info and other events: Follow us!
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