Click here to view a recording of the September 24, 2009 event.

This Live Seminar on "Human Rights in the Battlefield: Litigating violations in Iraq" examined the role of human rights law -- in its various interactions with international humanitarian law -- in civilian protection in armed conflict, with a particular focus on litigating violations in Iraq.  It delved into the following questions:

• Are human rights law and international humanitarian law complementary legal regimes in modern conflicts?
• What combination of legal frameworks provides the most robust civilian protection in armed conflicts? 
  
• What are key challenges in applying and enforcing human rights law in armed conflict?

The Live Seminar identified and explored these questions with a particular emphasis on Iraq. Focus was placed on attempts to remedy violations of fundamental rights in conflict zones by resort to litigation outside those zones, notably in courts in the U.S. and Europe.

Panelists:

Katherine Gallagher, Center for Constitutional Rights

Naz Modirzadeh, Program on Humanitarian Policy and Conflict Research at Harvard University

Dr. Liesbeth Zegveld, Leiden University and Böhler Franken Koppe Wijngaarden (Amsterdam)

Claude Bruderlein, Director of the Program, hosted the discussion.

Background materials:

I. Cases

Al Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009).

Al Skeini et al. v. Secretary of State for Defence [2007] UKHL 26.

Amnesty International Canada v. Canada (Chief of the Defence Staff) (F.C.), 2008 FC 336, [2008] 4 F.C.R. 546.

Secretary of State for Defence v. The Queen on the application of Mrs Catherine Smith [2009] UK EWCA Civ 441.  

II. Reports and Analyses

Cordula Droege, The Interplay between International Humanitarian Law and International Human Rights Law in Situations of Armed Conflict, Israel Law Review, Vol. 40, No. 2 (2007).

Helen Duffy, Human rights litigation and the 'war on terror', International Review of the Red Cross, No. 871, 2008.

Françoise J. Hampson, The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body, International Review of the Red Cross, No. 871, 2008.

Dominic McGoldrick, Human Rights and Humanitarian Law in the UK Courts, Israel Law Review, Vol. 40, No. 2, 2007.

Kal Raustiala, Is Bagram the New Guantanamo? Habeas Corpus and Maqaleh v. Gates, ASIL Insight, Volume 13, Issue 8, June 17, 2009.

William Schabas, Lex Specialis? Belt and Suspenders? The Parallel Operation of Human Rights Law and the Law of Armed Conflict, and the Cononundrum of Jus ad Bellum, Israel Law Review, Vol. 4 No. 2, 2007.