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Live Seminar 36: The Decade Since 9/11: Salient Trends and Their Implications for Humanitarian Protection
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Live Seminar 36: The Decade Since 9/11: Salient Trends and Their Implications for Humanitarian Protection Presentation Transcript

  • 1. Program on Humanitarian Policy and Conflict Research (HPCR) Harvard University
    The Decade Since 9/11: Salient Trends and Their Implications for Humanitarian Protection
    September 15, 2011
  • 2. Hosts
    The Decade Since 9/11: Salient Trends and Their Implications for Humanitarian Protection
    September 15, 2011
    Live Web Seminar
    Ms. Naz Modirzadeh
    Associate Director
    Program on Humanitarian Policy and Conflict Research at Harvard University
  • 3. The Decade Since 9/11: Salient Trends and Their Implications for Humanitarian Protection
    The 1990s witnessed considerable progress and development in terms of the role played by international law in humanitarian protection. The visibility, reach and relevance of international law — particularly international humanitarian law — enjoyed a resurgence with the end of the Cold War. 

The events of September 11, 2001 triggered a change in the international landscape. The trajectory of the humanitarian endeavor was affected by the legal and policy developments of the decade that followed. International humanitarian law became entwined with issues of national security, and grew to become a critical part of the professional vocabulary of various groups: the military, governments, international organizations, NGOs, civil society and the general public. With this increased attention came an opening for critical examination, which was populated quickly by vastly different perspectives.

This live web seminar will introduce the salient trends that emerged from this critical space, and provide an opportunity to discuss their impact on both law and policy for humanitarian protection moving forward. 
  • 4. Panelists
    Fiona De Londras
    Lecturer, University College Dublin
    HinaShamsi
    Director, National Security Project, ACLU
    Gavin Sullivan
    European Security Cultures Project, University of Amsterdam; cooperating attorney, European Center for Constitutional and Human Rights
    SamirElhawary
    Research Fellow, Overseas Development Institute
  • 5. Fiona de Londras is a lecturer at UCD School of Law where she teaches on terrorism and counter-terrorism. She is widely published in the area of the relationships and tensions between counter-terrorism, human rights and constitutionalism and her latest book— Detention in the ‘War on Terror’: Can Human Rights Fight Back? —was published by
    Cambridge University Press in July 2011.
  • 6. “It’s war Jim, but not as we know it”
    The Legal Claim of the United States
    The (Different) Legal Claim of the United Kingdom
    The applicability of IHL
    The applicability of IHRL
    The modern manifestation of lex specialis
    International law’s response: IHL
    International law’s response: IHRL
    Has the ‘War on Terror’ undone international law?
    Fiona de Londras
  • 7. HinaShamsiis is the Director of the ACLU's National Security Project. She has engaged in civil liberties and human rights litigation, research, and policy advocacy on issues including the freedoms of speech and association, torture, detention, and fair trial practices. Her work has included a focus on the intersection of national security and counterterrorism
    policies and international human rights and humanitarian law. She is the author and coauthor of publications on torture, targeted killing, extraordinary rendition, and privacy and surveillance, and has monitored and reported on the military commissions at Guantánamo Bay. She previously worked as a Staff Attorney in the ACLU's National Security Project, and was the Acting Director of Human Rights First's Law & Security Program. Most recently, she served as Senior Advisor to the U.N. Special Rapporteur on Extrajudicial Executions. Ms. Shamsi is a graduate of Mount Holyoke College and Northwestern University School of Law.
  • 8. National Security and Civil Liberties Trends Since 9/11
    HinaShamsi
  • 9. Militarization of counter-terrorism
    Defining the struggle against terrorism in existential terms—as a “war” without geographical or temporal limits, against loosely defined terrorist entities and undefined “associated forces.”
    Two most concrete policies: indefinite military detention and lethal targeting of civilians far from any conventional battlefield or theater of war.
    Dynamic of political discourse: contrived “debate” over whether the threat of terrorism calls for a “military” or “law enforcement” response
    Real question is where to draw an appropriate line
    HinaShamsi
  • 10. Breakdown of national consensus against racial and religious profiling
    Profiling now permitted as a factor in national security investigations
    Disproportionate impact on Muslim Americans, their community and membership organizations, and on Muslim charities
    The “radicalization” theory
    HinaShamsi
  • 11. Expanded surveillance authority and entrenchment of a surveillance society
    Criminalization of speech/advocacy and humanitarian aid
    Material support prosecutions
    Holder v. Humanitarian Law Project
    HinaShamsi
  • 12. Overall weakening of constitutional system of
    checks and balances
    HinaShamsi
  • 13. Gavin Sullivan is a solicitor from the United Kingdom and Australia with a background in public law, human rights and public interest litigation. Prior to joining ECCHR, he worked as a litigator challenging UK state authorities with Leigh Day & Co (London) and Public Interest Lawyers (Birmingham)
    © Foto: Nihad Nino Pušija
    on cases engaging human rights (domestic and international) and international humanitarian law issues. He also taught public law at Birkbeck College, University of London.He is currently with the European Security Cultures Project at the University of Amsterdam and is a cooperating attorney with the European Center for Constitutional and Human Rights
  • 14. European perspectives on the 10 years since 9/11
    Introduction
    Challenging Executive power in the ‘war on terror’: four course issues
    (i) Indefinite detention without trial
    A and Others v Secretary of State for the Home Department[2004] UKHL 56
    (ii) Data profiling
    S and Marper v United Kingdom (2008) ECHR 1581
    Rasterfahndungcase (BVerfGE 115, 320)
    (iii) Terrorism blacklisting
    Joined Cases C-402/05 P & C-415/05 P, Kadi & Al Barakaat v. Council of the European Union, 3 C.M.L.R. 41 (2008).
    (iv) Human rights accountability during armed conflict
    Al-Skeini and Others v United Kingdom (Application No. 55721/07)
    Al-Jedda v United Kingdom (Application No. 27021/08)
    Dynamic of political discourse: contrived “debate” over whether the threat of terrorism calls for a “military” or “law enforcement” response
    Real question is where to draw an appropriate line
    Gavin Sullivan
  • 15. European perspectives on the 10 years since 9/11, cont’d
    3. Points of Convergence
    (i) Shared commitment towards pre-emptive security and the expansion of preventative administrative mechanisms
    (ii) Collapsing distinction between the US and the EU and distinct modes of security governance
    (iii) Shared lack of accountability for the worst excesses of the ‘war on terror’.
    Gavin Sullivan
  • 16. Samir Elhawaryis a Research Fellow at the Humanitarian Policy Group of the Overseas Development Institute (ODI). He is currently researching the evolving role of humanitarian action in conflict-affected emergencies, with a particular focus on the interface between humanitarianism
    and politics. He also works on land and displacement issues and prior to joining ODI, his work focused on the role of natural resources in armed conflict and was engaged in various initiatives to promote conflict sensitivity in the extractive industry.
  • 17. The Decade Since 9/11: Salient Trends and Their Implications for Humanitarian ProtectionSamir ElhawaryResearch Fellow, Humanitarian Policy GroupSeptember 15th, 2011
  • 18. Post 9/11 Trends: Stabilisation
    Post 9/11 concern with eliminating and containing threats
    Both a narrow security focused and transformative agenda
    Calls for ‘integrated’ and ‘comprehensive’ approaches
  • 19. Implications for humanitarian action
    Challenging the boundaries and goals of humanitarian action
    • The politicisation of aid and ‘shrinking’ humanitarian space
    • 20. Politicisation in historical perspective: are we missing the point?
  • Changes in the nature of the humanitarian system
    The system as a form of (competing) sovereignty
    • Trends in the humanitarian system:
    Centralisation
    Governmentalisation
    Westernisation
    • The paradox of the system and a ‘crisis of acceptance’
  • Questions and Comments
    Questions and comments
  • 21. Panelists
    Fiona De Londras
    Lecturer, University College Dublin
    HinaShamsi
    Director, National Security Project, ACLU
    Gavin Sullivan
    European Security Cultures Project, University of Amsterdam; cooperating attorney, European Center for Constitutional and Human Rights
    SamirElhawary
    Research Fellow, Overseas Development Institute
  • 22. HostsNazModirzadeh ProducerElizabeth Holland Technical DirectorJames BrockmanProduction TeamDustin Lewis & Christina Blunt
  • 23. The Live Seminars on Humanitarian Law and Policy are produced by:
    Program on Humanitarian Policy and Conflict Research (HPCR) Harvard University
    Sponsored by:
    For more information on the Humanitarian Law and Policy Forum, please visit:
    http://ihlforum.ning.com
    or
    http://twitter.com/hpcr
    or contact:
    ihlforum@hpcr.org