Susan Farbstein appointed Clinical Professor

Farbstein_Susan

Assistant Clinical Professor Susan H. Farbstein ’04

Via HLS News

Susan Farbstein ’04 has been appointed Clinical Professor of Law at Harvard Law School. Co-director of the International Human Rights Clinic, Farbstein has been an assistant clinical professor at HLS since 2012.

Farbstein’s current work focuses on Southern Africa, transitional justice, Alien Tort Statute litigation, community lawyering, and economic, social, and cultural rights. She is an expert on South Africa, having worked on a variety of human rights and transitional justice issues in that country for nearly 15 years. Her writing has been published in scholarly journals, including the Harvard Law Review and the Harvard International Law Journal, as well as The New York Times and SCOTUSBlog.

“Susan is a true leader in human rights and transitional justice, and she is also an amazing teacher,” said Martha Minow, Harvard Law School Dean. “Her innovative work spans social and economic rights in South Africa, transitional justice issues in Africa and Asia, and Alien Tort litigation in the United States. Susan’s devotion to students and tireless, imaginative work makes her an outstanding member of this community and the entire human rights community.”

Continue reading the full story here.

From Bosnia to Somalia: Classifying “Involvement” in Armed Conflict

Via the International Human Rights Clinic 

The laws governing armed conflict may seem simple on the surface. Soldiers can be targeted; civilians cannot. But the line between these groups is blurry and can have life-and-death implications.

Under international humanitarian law, or the laws of war, civilians can be intentionally killed if they “directly participate in hostilities.” But what does direct participation mean? What if a civilian feeds combatants, drives members of an armed group, provides equipment or intelligence, or takes up arms to protect family members? Does it matter if involvement was voluntary or forced? Do such actions mean the civilian can be lawfully targeted?

CIVICCoverA new 84-page report, to which the International Human Rights Clinic contributed a case study, takes a fresh look at this contentious issue. The People’s Perspectives: Civilian Involvement in Armed Conflict, released Tuesday by the Center for Civilians in Conflict (CIVIC), documents the experiences of people in four former or current conflict zones: Bosnia, Libya, Gaza, and Somalia. It does not seek to come up with a conclusive definition of direct participation in hostilities. Instead, it aims to inform the debate among military commanders, lawyers, academics, and other experts by adding the voices of those who have lived through war.

The report finds that civilians become involved in conflict in a number of ways, ranging from fighting to providing logistical support to membership in civil defense forces or political parties. While sometimes voluntary, their involvement is often motivated by threats from armed groups or the need to survive. The people CIVIC interviewed had varied understandings of who is a civilian and who is a combatant and found it difficult to delineate the difference. They agreed, however, that the legal status that derives from involvement can not only determine whether civilians are targeted but also affect their lives long after a conflict ends.

Continue reading the full story here.

New Publication Examines Different Approaches to Assisting Victims of Armed Conflict and Armed Violence”

Via the International Human Rights Clinic

(Cambridge, MA, April 30, 2015) – Mitigating the human costs of armed conflict and armed violence has become a moral and legal imperative over the past two decades. Within the international community, several strategies for helping civilian victims have emerged. A publication, released this week by Harvard Law School’s Human Rights Program and Action on Armed Violence (AOAV), seeks to advance understanding and promote collaboration among leaders in the field.

AcknowledgeAmendAssist-compressedcover-212x300The 28-page report, Acknowledge, Amend, Assist: Addressing Civilian Harm Caused by Armed Conflict and Armed Violence, examines a range of current approaches: casualty recording, civilian harm tracking, making amends, transitional justice, and victim assistance. In so doing, the report illuminates their commonalities and differences and analyzes the difficulties they face individually and collectively.

“These programs all provide valuable assistance to civilian victims, but they have yet to be viewed holistically,” said Bonnie Docherty, editor of the volume and lecturer on law in the Human Rights Program. “A comparative look at the approaches could help reduce overlapping efforts and identify gaps that should be closed.”

Continue reading the full story here.

Harvard Law champions entrepreneurship and innovation

A native of California who came to HLS with an interest in startups and business, Shant Hagopian ’15 gave legal advice to entrepreneurs as a student in the Transactional Law Clinic during his 2L year. Shortly thereafter, he co-founded Virtudent, a tele-dentistry startup designed to increase oral health care access for underserved populations. Credit: Heratch Photography

A native of California who came to HLS with an interest in startups and business, Shant Hagopian ’15 gave legal advice to entrepreneurs as a student in the Transactional Law Clinic during his 2L year. Shortly thereafter, he co-founded Virtudent, a tele-dentistry startup designed to increase oral health care access for underserved populations.
Credit: Heratch Photography

Via HLS News

The moment Shant Hagopian ’15 stepped through the doors of the Harvard Innovation Lab, the air was abuzz with the energy of wildly creative ideas, and he knew Harvard Law School had been the right choice for him.

“The first time I walked into the i-lab I thought, ‘Wow, this is a really cool place,’” says Hagopian, a native of California who came to HLS with an interest in startups and business. “The i-lab brings together students from many different academic backgrounds to launch their ideas for how the world should look in the future.”

The i-lab, a collaborative workspace and idea incubator at Harvard University which champions entrepreneurship and innovation, connects students, faculty, and other creative idea-makers from across the university to resources, thought leaders, and funding sources. Since launching in 2011, it has drawn scores of law students who’ve worked on a wide variety of cutting-edge projects—some law-related, and many not.

Credit: Martha Stewart Chris Bavitz, Clinical Professor of Law and managing director of the HLS Cyberlaw Clinic at the Berkman Center for Internet & Society

Credit: Martha Stewart
Chris Bavitz, Clinical Professor of Law and managing director of the HLS Cyberlaw Clinic at the Berkman Center for Internet & Society

“Anyone with a Harvard ID can tap in, sit down, and do their thing,” says Chris Bavitz, Clinical Professor of Law and managing director of the HLS Cyberlaw Clinic at the Berkman Center for Internet & Society, and Dean’s Designate to the i-lab. “That means anything from having shared space to work to looking at a physical bulletin board where people are looking for a software developer or lawyer. Nearly every night of the week, there’s programming about venture capital or how to deal with employment issues or any number of other legal and business concerns that startups face.”

As a 2L in the HLS Transactional Law Clinics , which holds office hours at the i-lab where law students give legal advice to entrepreneurs, Hagopian found himself wanting to make the leap to the other side and become an entrepreneur himself.

Just a few months later, he did—as a co-founder of Virtudent, a tele-dentistry startup created by a friend, Dr. Hitesh Tolani, a graduate from the University of Pennsylvania School of Dental Medicine. Hagopian introduced Virtudent to the i-lab, where doors quickly opened and connections were made. Last year, Virtudent, designed to increase oral health care access for underserved populations, was a finalist in the 2014 President’s Challenge, which offers a $100,000 prize for the most innovative idea for solving a complex societal problem. Though it didn’t win the grand prize, Virtudent received initial funding from Harvard and will soon be rolling out.

Continue reading the full story here.

Australian Radio Interviews Tyler Giannini on Mining Company Settlement with Rape Survivors

Via the International Human Rights Clinic 

Earlier this week, Australian radio interviewed Tyler Giannini about a significant development in the world of business and human rights: one of the world’s largest mining companies, Barrick Gold, recently settled claims with a group of women in Papua New Guinea who were raped by the company’s security guards. The settlement, negotiated by EarthRights International, came as the women were preparing to file suit.

The International Human Rights Clinic has been investigating abuses around the Porgera mine for several years, along with NYU’s Global Justice Clinic and Columbia’s Human Rights Clinic. Reports of rape around the mine in the highlands of Papua New Guinea date back to at least 2006, but the company did not acknowledge them for years.

In 2012, the company set up a complaint mechanism, which Tyler describes in the interview as inadequate. Initially, the company was preparing to offer the women who stepped forward a compensation package of used clothing and chickens. At the urging of advocates, including the Clinic, the company later revised its offer, and more than 100 women accepted the settlement.

EarthRights represented a group that did not agree to settle through the company’s complaint mechanism. At least one woman described the original settlement offers as “offensive.”

“If you have settlements that aren’t really getting to justice, the discourse with the community is not really healed, and you don’t get real reconciliation,” Tyler said in the interview. “That’s not good for the company, that’s not good for the survivors, and I think that’s one of the lessons that needs to be taken away.”

Listen to the full 7 minute interview here

Clinic and HRW Release Report: “Mind the Gap: The Lack of Accountability for Killer Robots”

Via the International Human Rights Clinic 

(Geneva, April 9, 2015) – Programmers, manufacturers, and military personnel could all escape liability for unlawful deaths and injuries caused by fully autonomous weapons, or “killer robots,” Human Rights Watch said in a report released today. The report was issued in advance of a multilateral meeting on the weapons at the United Nations in Geneva.

RobotCoverThe 38-page report, “Mind the Gap: The Lack of Accountability for Killer Robots,” details significant hurdles to assigning personal accountability for the actions of fully autonomous weapons under both criminal and civil law. It also elaborates on the consequences of failing to assign legal responsibility. The report is jointly published by Human Rights Watch and Harvard Law School’s International Human Rights Clinic.

“No accountability means no deterrence of future crimes, no retribution for victims, no social condemnation of the responsible party,” said Bonnie Docherty, senior Arms Division researcher at Human Rights Watch and the report’s lead author. “The many obstacles to justice for potential victims show why we urgently need to ban fully autonomous weapons.”

Fully autonomous weapons would go a step beyond existing remote-controlled drones as they would be able to select and engage targets without meaningful human control. Although they do not exist yet, the rapid movement of technology in that direction has attracted international attention and concern.

Continue reading the full story here.

Clinic Op-Ed Published in Myanmar Media: “How One Father’s Letters Got Him Convicted”

CaptureVia the International Human Rights Clinic 

We’re pleased to report that The Irrawaddy, an online news magazine in Myanmar, has just published “How One Father’s Letters Got Him Convicted,” an Op-Ed by Matt Thiman, JD ’16, Courtney Svoboda, JD ’16, and Tyler Giannini. The piece tells the story of Brang Shawng, a grieving father whose request for an investigation into his daughter’s death led to charges from the Myanmar military. The Clinic was among several organizations in December to sign an open letter to the President of Mynamar, requesting that all charges be dropped.

The piece begins:

Shortly after his daughter’s death, Brang Shawng sat down to write the first of two letters that would eventually get him convicted. He wrote to the president of Myanmar first, and then to the Myanmar National Human Rights Commission, wanting to know what had happened to his daughter, whom he believed had been shot by the Myanmar military.

“A submission is made with great respect,” he wrote to the president, “to find out the truth in connection with the killing, without a reason, of an innocent student, my daughter Ma Ja Seng Ing, who wore a white and green school uniform.”

In the letter, he recalled the day in his village clearly. It was Sept. 13, 2012, in an area of conflict between the Kachin Independence Army (KIA) and the Myanmar military in the north of the country. A column of Myanmar Army soldiers had been in the village since before dawn. Late that afternoon, as the column was preparing to leave, there was a loud bomb blast. Then suddenly, soldiers shooting, and the sound of shouting and crying as villagers tried to take cover.

“It was just like the end of the world,” Brang Shawng wrote.

He hid with his wife and two children in their home. But one of their children was not with them: his 14-year-old daughter, Ja Seng Ing.

Read the full article in The Irrawaddy, an online outlet covering Myanmar and Southeast Asia