Course Syllabus

Textbook Information:

Title: International Human Rights Law and Practice Links to an external site.
Authors: Ilias Bantekas; Lutz Oette
Cambridge University Press, 3rd Ed, June 2020
ISBN 9781108711753

Read Bantekas & Oette, International Human Rights Law and Practice
online, or download in secure EPUB or secure PDF format Links to an external site.

Professor Walter J. Walsh, University of Washington School of Law, Autumn 2023

INTERNATIONAL HUMAN RIGHTS

Law B596, 4 cr, Autumn 2023

Tu & Th, 3.30-4.50 pm, Room 133, William H. Gates Hall, plus 1 hour asynchronous

Course Description

Examines international treaty and customary law protecting fundamental human rights against abuse by governments. Major international systems studied include UN, Council of Europe, European Union, Inter-American, and African Union. Readings include international and American judicial opinions, treaties, and studies by human rights groups and scholars. JD, LLM, MJ, MA, PhD students encouraged, also all graduate students and advanced undergraduates. Satisfies most interdisciplinary Graduate Certificates including International Humanitarian Response. Asynchronous virtual classroom Distance Learning option accommodates all time zones.

Content: This course introduces students to western and non-western theories of human rights. In addition to reading foundational documents such as the Declaration of the Rights of Man and the Citizen (1791) and the Universal Declaration of Human Rights (1948), students will read materials that give theoretical treatment to contemporary human rights problems or evaluate specific events, debates, and practices. Your textbook is Ilias Bantekas & Lutz Oette, International Human Rights Law and Practice Links to an external site. (3^rd Edition, Cambridge 2020). You can pick up your hard copy of the textbook, or have it shipped, from the UW University Bookstore Links to an external site. or else order from Cambridge or other online booksellers. You can order the digital copy Links to an external site. of your textbook directly, or by visiting the UW University Bookstore website and clicking on the link to this course Links to an external site.. Be sure to acquire the 2020 Third Edition. On our UW Canvas course webpage, all our textbook readings for each class are linked to the corresponding treaties, documents, web pages, and illustrative leading cases of international human rights bodies. Also linked to our textbook readings are deep video lectures on those same human rights topics by prominent world jurists including several judges of the International Court of Justice and the various regional human rights courts. See the schedule of our assigned readings and corresponding audiovisual lectures on the attached Syllabus. All additional material for class projects will be posted on our UW Canvas course webpage as needed.

Format and Method: For three fourths of your credit hours in this course, in person classes will be offered which will include class discussion; for the other one fourth of your credit hours, asynchronous Canvas Modules are required to be completed before the corresponding synchronous classes. All students must complete the associated asynchronous Canvas Class Module and post virtual reactions to the readings and audiovisual materials before our classroom discussions, and engage in virtual exercises and problems that require the application of these texts to current human right issues. You must follow our synchronous class reading schedule and regularly make your written postings on our UW Canvas course Discussion Boards before each class, so that all students will gain the full benefits of participating in our classroom.

Pedagogical Goals and Objectives: In this course the student will be introduced to various competing but influential theories of human rights and will also learn how international human rights are protected and enforced. By the end of the course you should have the capacity to draw on the theoretical discourses and formal legal materials we will cover in this course to address all human rights problems. There will be course modules, discussion posts, and a final examination. Goals include:

Understanding competing theories of human rights

Familiarity with international bodies enforcing human rights

Rethinking the traditional concept of state sovereignty in accordance with international human rights norms

Appreciating the role of human rights advocacy and the role of human rights defenders and practitioners

Familiarity with international human rights treaties and instruments

Knowing how to access remedies and redress for victims of human rights violations

Understanding the relationship between international and domestic human rights protections

Instructor: Associate Professor Walter J. Walsh teaches comparative law and constitutional history at the University of Washington School of Law and in the Law, Societies and Justice (LSJ) Program. He holds law degrees from University College Dublin (BCL), Yale University (LLM), and Harvard University (SJD), where he wrote his doctoral dissertation on early human rights advocacy, and has practiced and taught law in Europe and in the United States. He has also trained in his native Dublin, Ireland, at the Incorporated Law Society, and in Strasbourg, France, at the Institut Internationale des Droits de l’Homme. Professor Walsh is a founding faculty member and teaches each summer in the LSJ European Law & Society Program at the UW Rome Center. Professor Walsh was selected to attend the University of Washington's 2020 Technology Teaching Fellows Institute, which generously supported the development of this innovative International Human Rights course as a distance learning course.

Student Learning Technologies (UW-IT) Support: Contact help@uw.edu or 206-221-5000 for UW NetID and general networking support. UW-IT also maintains a help desk at the Odegaard Undergraduate Library. Valuable tips for successful online and distance learning practices are set out at UW Academic Support Programs Online Learning Links to an external site..

Access and Accommodations: To request academic accommodations due to a disability, please contact Disability Resources for Students (DRS), at 011 Mary Gates Hall or 206-543-8924 or uwdrs@uw.edu or disability.uw.edu. Links to an external site. If you have a letter from DRS, please provide the letter to the Instructor so you can discuss the accommodations you might need in this class.

Religious Accommodations: Washington state law requires that the University of Washington develop a policy for accommodation of student absences or significant hardship due to reasons of faith or conscience, or for organized religious activities. The UW’s policy, including more information about how to request an accommodation, is available at Religious Accommodations Policy (https://registrar.washington.edu/staffandfaculty/religious-accommodations-policy/) Links to an external site.. Accommodations must be requested within the first two weeks of this course using the Religious Accommodations Request form (https://registrar.washington.edu/students/religious-accommodations-request/) Links to an external site..

Assessment:

i) International Human Rights Course Class Modules and Canvas Quizzes (30% of final grade), required Canvas Quizzes based on the reading assignments and linked audiovisual material. For maximum points, you must complete all Canvas Quizzes based on your assigned reading, watching, and browsing in each Class Module before you contribute to our Canvas Discussion Board by 2pm Pacific Standard Time same day as our synchronous afternoon class. Your Canvas Quizzes count for up to 300/1000 points.

PLUS

ii) International Human Rights Course Required Discussion Board Posts (20% of final grade), after you have completed all your assigned reading, watching, browsing and Canvas Quizzes, you must then post your required Canvas Discussion Board virtual response to our reading assignments and linked audiovisual material, no later than 2 pm PST same day as our synchronous afternoon class. In your minimum 100 words Canvas Discussion Board post before each synchronous afternoon class, you must virtually discuss, explain, critique, or compare the theories and practices of human rights we will cover later that day. Your Discussion Board posts and responses count for up to 200/1000 points.

PLUS

iii) Final Examination (50% of final grade), a 3-hour open-book final exam, two equally weighted questions, one problem and one essay, each worth up to 250/1000 points so in total up to 500/1000 points.

For all registration inquiries, please contact UW law school Academic Services at mylaw@uw.edu and Professor Walsh at wawa@uw.edu . . .

* * * * *

Professor Walter J. Walsh, University of Washington School of Law, Autumn 2023

INTERNATIONAL HUMAN RIGHTS

Law B596, 4 cr, Autumn 2023

Tu & Th, 3.30-4.50 pm, Room 133, William H. Gates Hall, plus 1 hour asynchronous

Course Description

WEEK 1

Tu, 9/26, read, complete Course Module 1 online, and virtually discuss on our UW Canvas course website International Human Rights, Law B596

and in our class:

Chapter 1. International Human Rights Law and Notions of Human Rights: Foundations, Achievements and Challenges

1.1 Table of Contents, Introduction & Chapter 1 Links to an external site., IHRL&P @ 1-5. ToC (large font) Links to an external site.

1.2 The Development of Human Rights and International Human Rights Law, IHRL&P @ 6-24. Trindade, Access of Individuals to International Justice (video lecture) Links to an external site. and American Declaration of Independence (1776) Links to an external site. and Declaration des Droits de l'Homme (1789) Links to an external site. and US Bill of Rights (1789) Links to an external site. and Janis, The Invention of 'International Law': Jeremy Bentham and his 1789 Refashioning of the Classical 'Law of Nations' (video lecture) Links to an external site. and Universal Declaration of Human Rights (1948) Links to an external site. and UN, The Universal Declaration of Human Rights (video documentary) Links to an external site. and UN Audiovisual Library of International Law: Human Rights Links to an external site.

WARNING: Do NOT even try to watch all of these detailed video lectures in their entirety! Watch ONLY the selected extracts of all assigned audiovisual links as you are specifically instructed in the accompanying Course Module!

1.3 Current Challenges, IHRL&P @ 24-29.

1.4 The Idea of Human Rights: Theories and Critiques, IHRL&P @ 30-36.

1.5 Universal Human Rights: Contestations and Practices, IHRL&P @ 36-49. Anghie, History and International Law (video lecture) Links to an external site. and Brilmayer, Cultural Relativism: The Basic Problem and Some Complexities (video lecture) Links to an external site.

1.6 Illustrative Case: The Nuremberg Trials (1945-49) Links to an external site. and Sadat, The Legacy of the Nuremberg Trials: Seventy Years Later (video lecture) Links to an external site.

Th, 9/28, read, complete Course Module 2 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 2. International Human Rights Law: The Normative Framework

2.1/2 Sources (Treaties, Custom, General Principles, Jus Cogens and Erga Omnes, Judicial Decisions, Opinio Juris, Soft Law), IHRL&P @ 50-72. International Court of Justice (ICJ) Statute Article 38 Links to an external site. and Greenwood, The Sources of International Law (video lecture) Links to an external site. and UN Treaty Depositary Links to an external site. and Hampson, Reservations to Human Rights Treaties (video lecture) Links to an external site. and Mendelson, Customary International Law (video lecture) Links to an external site. and Peoples & Prilliman, Customary International Law (CALI lesson) Links to an external site. and Trindade, Jus Cogens in Contemporary International Law (video lecture) Links to an external site. and Tams, Obligations Erga Omnes in International Law (video lecture) Links to an external site. and Galvao Teles, Obligations and Rights Erga Omnes in the Case-Law of the International Court of Justice (video lecture) Links to an external site.

2.3 Principles, Rights, Obligations and Scope of Application, IHRL&P @ 73-84. Trindade, General Principles of Law as a Source of International Law (video lecture) Links to an external site. and Milanovic, The Extraterritorial Application of Human Rights Treaties (video lecture) Links to an external site.

2.4 Implementation, IHRL&P @ 84-92.

2.5 State Responsibility and Human Rights Treaties as Self-contained Regimes, IHRL&P @ 93-94. UN Universal Human Rights Instruments Links to an external site.

2.6 Practical Application: The Role of Law Reform, IHRL&P @ 95-102. Hossain, International Law and the Challenge of Change (video lecture) Links to an external site.

2.7 Illustrative Case: Advisory Opinion on Reservations to the Genocide Convention (ICJ 1951) Links to an external site. and International Court of Justice (ICJ) Links to an external site.

WEEK 2

Tu, 10/3, read, complete Course Module 3 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 3. Human Rights in Practice

3.1/2 Civil Society, IHRL&P @ 103-106.

3.3 Social Movements, IHRL&P @ 106-108.

3.4 NGOs, IHRL&P @ 108-117.

3.5 Human Rights Defenders, IHRL&P @ 117-122. UN Special Rapporteur on Human Rights Defenders Links to an external site.

3.6 Legal Professionals and Human Rights, IHRL&P @ 122-125.

3.7 Health Professionals and Human Rights, IHRL&P @ 126-127.

3.8 Human Rights Field Officers, IHRL&P @ 127-131.

3.9 Human Rights Strategies, IHRL&P @ 131-155. Nelson Mandela World Human Rights Moot Court Competition Links to an external site. and Human Rights Education and Training Materials and Resources Links to an external site. and UN List of Human Rights Issues Links to an external site.

3.10 Illustrative Cases: First Trial of the Northern Star (Belfast 1794) Download First Trial of the Northern Star (Belfast 1794) and Trial of the King v. Hurdy Gurdy (Dublin 1794) Download Trial of the King v. Hurdy Gurdy (Dublin 1794) and Trial of Captain Henry Whitby (New York 1812) Links to an external site. and People v. Philips (New York 1813) Links to an external site.

Th, 10/5, read, complete Course Module 4 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 4. The United Nations Charter System

4.1/2 The Human Rights Dimension of the Charter, IHRL&P @ 156-161. UN Charter (1945) Links to an external site.

4.3 The Office of the High Commissioner for Human Rights, IHRL&P @ 161-162. UN High Commissioner for Human Rights Links to an external site.

4.4 The UN Human Rights Council (HRC), IHRL&P @ 162-173. UN Human Rights Council Links to an external site. and Schmidt, The Universal Periodic Review of the Human Rights Council and its Interaction with Other Human Rights Procedures (video lecture) Links to an external site.

4.5 UN Special Procedures, IHRL&P @ 173-181. UN Special Procedures Links to an external site. and UN Human Rights Bodies Links to an external site. and Rodley, UN Treaty and Charter-based Human Rights Bodies: Competitive or Complementary? (video lecture) Links to an external site.

4.6 The UN General Assembly (UNGA) and Human Rights, IHRL&P @ 181-183. UN General Assembly Links to an external site.

4.7 The UN Security Council (UNSC), IHRL&P @ 183-193. UN Security Council Links to an external site. and Bothe, Limitations on the Powers of the Security Council? The Role of Human Rights (video lecture) Links to an external site. and Sicilianos, The European Court of Human Rights Facing the Security Council: Towards Systemic Harmonization (video lecture) Links to an external site.

4.8 Illustrative Cases: Latest Communications to UN Special Procedures and Replies Received (2020) Links to an external site. and UN Human Rights Documents Links to an external site. and DiFelice, United Nations Research (CALI lesson) Links to an external site.

WEEK 3

Tu, 10/10, read, complete Course Module 5 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 5. The UN Human Rights Treaty System

5.1/2 Common Features of International Human Rights Treaty Bodies, IHRL&P @ 194-200. UN Human Rights Treaty Bodies Links to an external site. and Connors, The UN Human Rights Treaty Body System (video lecture) Links to an external site.

5.3 Reporting Procedure, IHRL&P @ 200-211. UN Human Rights Treaty Body Database Links to an external site. and UN Human Rights Treaty Bodies Reporting Training Package Links to an external site.

5.4 General Comments/Recommendations, IHRL&P @ 211-214. UN Human Rights Treaty Bodies General Comments Links to an external site.

5.5 Complaints Procedures and Jurisprudence of Treaty Bodies, IHRL&P @ 214-238. UN Human Rights Treaty Bodies Complaints Procedures Links to an external site. and Schmidt, Explaining the Human Rights Treaty-Based Complaints Procedures at the UN Level (video lecture) Links to an external site.

5.6 Illustrative Cases: Latest Communications to UN Treaty Bodies and Decisions Rendered (2020) Links to an external site. and UN HCHR Universal Human Rights Index Database Links to an external site.

Th, 10/12, read, complete Course Module 6A online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 6A. Regional Human Rights Treaty Systems: Europe

6.1/2.A The Council of Europe Human Rights System (ECHR), IHRL&P @ 239-264. European Convention on Human Rights (ECHR) (1950) Links to an external site. and Council of Europe (CoE ECHR) Links to an external site. and European Court of Human Rights (ECtHR) Links to an external site. and Motoc, The European Court of Human Rights and General International Law (video lecture) Links to an external site. and Nussberger, Change and Continuity in International Human Rights Law: The Example of the European Convention of Human Rights (video lecture) Links to an external site. and Bernhardt, The Role of the Judge in International and European Law with Special Emphasis on the European Court of Human Rights (video lecture) Links to an external site. and Motoc, The Influence of the European Court of Human Rights on Human Rights Regimes in Central and Eastern Europe (video lecture) Links to an external site.

6.2.B The European Union Human Rights System (CFREU), IHRL&P @ 264-267. European Union Charter of Fundamental Rights (CFREU) (2000) Links to an external site. and European Union Court of Justice (ECJ) Links to an external site. and Lambrinidis, European Union Human Rights Foreign Policy (video lecture) Links to an external site.

Walsh, Charter of Fundamental Rights of the European Union (CFREU) (2000)

Dignity

Freedoms

Equality

Solidarity

Citizens’ Rights

Justice

Read 3 Wild cards: Preamble, Article 50 CFREU, Article 51 CFREU Links to an external site.

6.2.C Illustrative Cases: Latest and Pending Cases of the ECtHR (2020) Links to an external site. and Table of Key Cases of the ECtHR (2020) Links to an external site. and Latest Cases of the ECJ (2020) Links to an external site.

WEEK 4

Tu, 10/17, read, complete Course Module 6B online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 6B. Regional Human Rights Treaty Systems: Inter-American, Africa, Arab, Asia

6.3 The Inter-American Human Rights System, IHRL&P @ 267-280. Trindade, The Human Person and International Justice (video lecture) Links to an external site. and American Convention on Human Rights (ACHR) (1969) Links to an external site. and Inter-American Commission on Human Rights (IACHR) Links to an external site. and Inter-American Commission on Human Rights (IACHR) Mandate Links to an external site. and Rodriquez-Pinzon, the Inter-American Human Rights System: The Inter-American Commission (video lecture) Links to an external site. and Inter-American Court of Human Rights (IACtHR) Links to an external site. and Martin, The Role and Jurisdiction of the Inter-American Court of Human Rights (video lecture) Links to an external site.

6.4 The African Human Rights System, IHRL&P @ 280-297. African Charter on Human and Peoples' Rights (ACHPR) (1981) Links to an external site. and Heyns, Human Rights Law in Africa (video lecture) Links to an external site. and African Commission on Human and Peoples' Rights (ACmHPR) Links to an external site. and African Court on Human and Peoples' Rights (ACtHPR) Links to an external site. and Viljoen, The African Court on Human and Peoples' Rights: An Introduction (video lecture) Links to an external site.

6.5 The Arab Human Rights System, IHRL&P @ 41-45 & 297-298. Arab_Charter_on_Human_Rights (ArCHR) (2004) Links to an external site. and Arab Court of Human Rights Report Links to an external site.

6.6 Towards an Asian Human Rights System?, IHRLP @ 298-299. ASEAN Human Rights Declaration (ASEAN DHR) (2012) Links to an external site. and ASEAN Intergovernmental Commission on Human Rights (AICmHR) Links to an external site.

6.7 Comparison of Regional Systems, IHRL&P @ 300-303. Collins & Brownfield, Regional International Organizations (CALI lesson) Links to an external site.

6.8 Illustrative Cases: Latest and Pending Cases of the IACtHR (2020) Links to an external site. and Latest and Pending Cases of the ACtHPR (2020) Links to an external site.

Th, 10/19, read, complete Course Module 7 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 7. Individual Complaints Procedures

7.1/2 Admissibility, IHRL&P @ 304-327. ECtHR, Admissibility (video lecture) Links to an external site.

7.3 Merits, IHRL&P @ 327-330.

7.4 Decisions by Human Rights Treaty Bodies, IHRL&P @ 220-222 & 330-332. Ando, International Human Rights Protection and the Human Rights Committee (video lecture) Links to an external site.

7.5 Implementation of Decisions and Judgments, IHRL&P @ 333-337. Avtonomov, The Consideration of Individual Communications by Treaty Bodies within the System of the UN (video lecture) Links to an external site.

7.6 Additional Procedural Options, IHRL&P @ 338-344.

7.7 The Interplay between Domestic, Regional and International Proceedings, IHRL&P @ 345-349 & 408-410. Wedgwood, Human Rights Bodies: The UN High Commissioner for Human Rights, The Human Rights Council and Regional Human Rights Bodies (video lecture) Links to an external site. and Tigroudja, Universal and Regional Systems of Protection of Human Rights: Harmonization, Complementarity or Fragmentation? (video lecture) Links to an external site.

7.8 Illustrative Case & Midterm Practice Exam: Argument in Suy Bi Gohore v. Ivory Coast (ACtHPR 2020) Links to an external site. and Summary of Judgment in Suy Bi Gohore v. Ivory Coast (ACtHPR 2020) Links to an external site.and Jackson, Introduction to Human Rights Research (CALI lesson & Midterm Practice Exam) Links to an external site.

WEEK 5

Tu, 10/24, read, complete Course Module 8 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 8. Civil and Political Rights

8.1 Introduction, IHRL&P @ 217-222 & 350-351. International Covenant on Civil and Political Rights (ICCPR) (1966) Links to an external site. and Buergenthal, A Brief History of International Human Rights Law (video lecture) Links to an external site. and UN Human Rights Committee (HRCtee) Links to an external site. and Wedgwood, The Work of the UN Human Rights Committee Enforcing the International Covenant of Civil and Political Rights (video lecture) Links to an external site.

8.2 The Right to Life, IHRL&P @ 351-365. UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Links to an external site.

8.3 The Right to be Free from Torture and Other Ill-treatment, IHRL&P @ 224-227 & 365-380. Convention Against Torture (CAT) (1984) Links to an external site. and UN Committee Against Torture (CtAT) Links to an external site. and Optional Protocol (2002) Links to an external site. and UN SubCommittee on Prevention of Torture (SPT) Links to an external site.

8.4 The Right to Liberty and Security of Person, IHRL&P @ 380-389. UN Working Group on Arbitrary Detention Links to an external site.

8.5 The Right to a Fair Trial, IHRL&P @ 389-395.

8.6 Enforced Disappearances as Multiple Human Rights Violation, IHRL&P @ 395-403. Convention for the Protection of All Persons from Enforced Disappearance (CPED) (2006) Links to an external site. and UN Committee on Enforced Disappearances (CED) Links to an external site.

8.7 Qualified Rights, with a Particular Focus on Freedom of Expression, IHRL&P @ 403-411. UN Special Rapporteur on Freedom of Opinion and Expression Links to an external site. and UN Special Rapporteur on Freedom of Assembly and Association Links to an external site. and UN Special Rapporteur on Freedom of Religion or Belief Links to an external site.

8.8 Illustrative Case: Velasquez Rodriguez v. Honduras (IACtHR 1988) Links to an external site.

Th, 10/26, read, complete Course Module 9 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 9. Economic, Social and Cultural Rights

9.1/2 Brief Historical Context of ESC Rights, IHRL&P @ 412-416. International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966) Links to an external site. and UN Economic, Social and Cultural Rights Links to an external site.

9.3 Progressive Realization and the Nature of State Obligation, IHRL&P @ 416-420.

9.4 Resource Implications: The Obligation to Utilize ‘Maximum Available Resources', IHRL&P @ 421-426.

9.5 Minimum Core Obligations, IHRL&P @ 426-428.

9.6 Justiciability of ESC Rights, IHRL&P @ 234-237 & 429-436. UN Committee on Economic, Social and Cultural Rights (CESCR) Links to an external site.

9.7 Extraterritoriality of ESC Rights, IHRL&P @ 436-437.

9.8 Indicators and Benchmarks for Measuring Compliance, IHRL&P @ 437-442.

9.9 The Right to Health, IHRL&P @ 443-447 & 893-896. UN Toolkit on the Right to Health Links to an external site. and UN Special Rapporteur on Physical and Mental Health Links to an external site. and Burci, International Law and Infectious Disease Control (video lecture) Links to an external site.

9.10 The Right to Water, IHRL&P @ 447-450. UN Toolkit on the Right to Water and Sanitation Links to an external site.

9.11 The Right to Education, IHRL&P @ 450-453. UN Special Rapporteur on the Right to Education Links to an external site.

9.12 The Right to Food, IHRL&P @ 453-457. UN Toolkit on the Right to Food Links to an external site.

9.13 Cultural Rights, IHRL&P @ 457-462. UN Special Rapporteur in the Field of Cultural Rights Links to an external site.

9. 14 Illustrative Case: Argument in Vavricka v. Czech Republic (ECtHR 1 July 2020) (Grand Chamber) Links to an external site. and Summary of Proceedings in Vavricka v. Czech Republic (ECtHR 2020) Links to an external site.

WEEK 6

Tu, 10/31, read, complete Course Module 10 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 10. Group Rights: Self-determination, Minorities and Indigenous Peoples

10.1/2 The Nature of Collective rights, IHRL&P @ 463-478.

10.3 Minorities as a Subject of Human Rights, IHRL&P @ 478-490. UN Rights of Minorities Links to an external site. and UN Special Rapporteur on Minority Issues Links to an external site. and Leidekker, The Council of Europe's Work on the Protection of Minorities (video lecture) Links to an external site.

10.4 Indigenous Peoples: Is there a Need for Additional Protection?, IHRL&P @ 490-507. UN Rights of Indigenous Peoples Links to an external site. and UN Special Rapporteur on the Rights of Indigenous Peoples Links to an external site. and Wiessner, The Rights and Status of Indigenous Peoples (video lecture) Links to an external site.

10.5 Illustrative Case: Argument in Kalina and Lokono Peoples v. Suriname (Part II) (IACtHR 2015) Links to an external site. and Kalina and Lokono Peoples v. Suriname (IACtHR 2015) Links to an external site.

Th, 11/2, read, complete Course Module 11 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 11. The Human rights of Women

11.1/2 Normative Framework, IHRL&P @ 227-230 & 508-526. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979) Links to an external site. and Optional Protocol (1999) Links to an external site. and UN Committee on the Elimination of Discrimination Against Women (CtEDAW) Links to an external site. and Acar, The General Framework and the Monitoring Mechanism of the Convention on the Elimination of All Forms of Discrimination against Women (video lecture) Links to an external site.

11.3 Conceptual Development, IHRL&P @ 526-535. Tigroudja, Elimination of Discrimination against Women (video lecture) Links to an external site. and Charlesworth, Feminist Approaches to International Law (video lecture) Links to an external site.

11.4 Women’s Human Rights and Domestic Contexts: ‘Honour Crimes’ in the English Legal System, IHRL&P @ 535-543. Links to an external site.

11.5 Illustrative Cases: Recent Jurisprudence (UN CtEDAW 2020) Links to an external site.

WEEK 7

Tu, 11/7, read, complete Course Module 12 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 12. Children’s Rights

12.1/2 Childhood: A Non-static Concept, IHRL&P @ 544-546.

12.3 The Need for a Specialized Protection Regime, IHRL&P @ 547-549.

12.4 Fundamental Principles, IHRL&P @ 549-567. Convention on the Rights of the Child (CRC) (1989) Links to an external site. and Optional Protocol I (2000) Links to an external site. and Optional Protocol II (2000) Links to an external site. and Optional Protocol III (2011) Links to an external site. and UN Committee on the Rights of the Child (CtRC) Links to an external site. and Amann, Child Rights, Conflict, and International Criminal Justice (video lecture) Links to an external site. and Waschefort, International Law and Child Soldiers (video lecture) Links to an external site.

12.5 Children’s Right to be Free from Poverty, IHRL&P @ 567-576.

12.6 Illustrative Case: Paradiso and Campanelli v. Italy (ECtHR 2017) Links to an external site.

Th, 11/9, read, complete Course Module 13 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 13. The Recognition and Protection of the Human Rights of Vulnerable Groups and Persons

13.1/2 Vulnerability and International Human Rights Law, IHRL&P @ 577-581.

13.4 Illustrative Case: Hernandez-Montiel v. INS (US 9th Cir 2000) Links to an external site.

WEEK 8

Tu, 11/14, read, complete Course Module 14 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 14. The Right to Development and Sustainable Development

14.1/2 From Human Development to Sustainable Development, IHRL&P @ 619-628.

14.3 The Right to Development (RTD), IHRLP @ 628-643. UN Human Right to Development Links to an external site. and UN Special Rapporteur on the Right to Development Links to an external site.

14.4 Global Partnerships for the Financing of Development, IHRL&P @ 643-648.

14.5 From the MDGs to the SDGs, IHRL&P @ 649-654.

14.6 Sovereign Debt and the Enjoyment of Fundamental Rights, IHRL&P @ 654-667. UN Independent Expert on the Effects of Foreign Debt Links to an external site.

14.7 Illustrative Case: Khosa v. Minister of Social Development (South Africa 2004) Links to an external site.

Th, 11/16, read, complete Course Module 15 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 15. Victims’ Rights and Reparation

15.1/2 The Development of the Right to Reparation, IHRL&P @ 668-672.

15.3 The Right to Reparation in International Human Rights Law, IHRL&P @ 672-678. d'Argent, Reparation in Situations of Shared Responsibility (video lecture) Links to an external site.

15.4 The Right to Reparation in International Humanitarian Law, IHRL&P @ 678-679.

15.5 The Right to Reparation in International Criminal Law, IHRL&P @ 679-681. Swart, Reparations in International Criminal Law (video lecture) Links to an external site.

15.6 The Right to Reparation and Violations by Non-state Actors, IHRL&P @ 681-682.

15.7 The Right to Reparation for Historic Injustices and Violation, IHRL&P @ 682-683.

15.8 The Notion and Legal Significance of the Term ‘Victim’, IHRL&P @ 684.

15.9 The Procedural Right to an Effective Remedy, IHRL&P @ 685-689. Alvarez, The Human Right of Property (Part I) (video lecture) Links to an external site. and Alvarez, The Human Right of Property (Part II) (video lecture) Links to an external site. and Karamanian, The Right to Property under International Law (video lecture) Links to an external site.

15.10 The Substantive Right to Reparation, IHRL&P @ 689-702.

15.11 The Double-edged Sword of Victim’s Politics, IHRL&P @ 702-705.

15.12 Negotiating, Litigating and Administering Reparations: Experiences from the Holocaust and World War II Reparations, IHRL&P @ 705-708. Sadat, The Legacy of the Nuremberg Trials: Seventy Years Later (video lecture) Links to an external site.

15.13 Reparation in Action: Litigating Human Rights Cases, IHRL&P @ 708-717.

15.14 Illustrative Case: Loayza Tamayo v. Peru (IACtHR 1998) Links to an external site.

WEEK 9

Tu, 11/21, read, complete Course Module 16 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 16. The Application of Human Rights in Armed Conflict

16.1/2 The Fundamental Premises of IHL, IHRL&P @ 718-723. Greenwood, Introduction to International Humanitarian Law (video lecture) Links to an external site. and UN ODC Military/Armed Conflict Approaches to Countering Terrorism (class module) Links to an external site.

16.3 Rights and Obligations in Humanitarian Law, IHRL&P @ 724-726. Sassoli, Introduction to International Humanitarian Law (video lecture) Links to an external site.

16.4 Humanitarian Law as Lex Specialis to Human Rights Law, IHRL&P @ 726-728. Sassoli, International Humanitarian Law and International Human Rights Law (video lecture) Links to an external site.

16.5 Why Human Rights Bodies Find the Application of Humanitarian Law Problematic, IHRL&P @ 728-731. UN Office on Genocide Prevention Legal Framework of International Law on Atrocity Crimes Links to an external site.

16.6 Human Rights in Situations of Military Occupation, IHRL&P @ 731-739. Geneva Convention IV Protecting Civilian Persons in Time of War (1949) Links to an external site. and Protocol I on International Armed Conflicts (1977) Links to an external site. and Protocol II on Internal Armed Conflicts (1977) Links to an external site. and Meron, Reflections on the Prosecution of War Crimes by International Tribunals: A Historical Perspective (video lecture) Links to an external site. and Rusinova, Human Rights in Armed Conflicts (video lecture) Links to an external site. and Vincent, The Administrative Challenges to be Faced in Setting Up an International War Crimes Court and the Lessons Learned (video lecture) Links to an external site.

16.7 The Relevance of the Law to Battlefield Conditions, IHRL&P @ 739-750. Geneva Convention I on Armed Forces in the Field (1949) Links to an external site. and Geneva Convention II on Armed Forces at Sea (1949) Links to an external site. and Geneva Convention III on Prisoners of War (1949) Links to an external site. Links to an external site.

16.8 Illustrative Case: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Wall Case) (ICJ 2004) Links to an external site. and DiFelice, Finding International Court of Justice Opinions (CALI lesson) Links to an external site.

Th, 11/23:

Happy Thanksgiving!

WEEK 10

Tu, 11/28, read, complete Course Module 17 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 17. Human Rights and International Criminal Justice

17.1/2 Relationship between International Criminal Law and Human Rights, IHRL&P @ 751-755. UN Genocide Prevention Office Legal Framework of International Law on Atrocity Crimes Links to an external site.

17.3 Individual Criminal Liability under International Law, IHRL&P @ 755-757. Keith, The International Court of Justice and Criminal Justice (video lecture) Links to an external site.

17.4 The Enforcement of International Criminal Law, IHRL&P @ 757-761. International Criminal Court (ICC) Links to an external site.and Sadat, Interpreting the Statute of the International Criminal Court (video lecture) Links to an external site. and Song, The International Criminal Court at a Glance (video lecture) Links to an external site. and Bensouda, The Office of the Prosecutor of the International Criminal Court: Successes, Challenges and the Promise of International Criminal Justice (video lecture) Links to an external site. and Goldstone, The Future of International Criminal Justice (video lecture) Links to an external site.

17.5 Universal Jurisdiction, IHRL&P @ 761-765. Van den Herik, International Criminal Law and Domestic Courts (video lecture) Links to an external site.

17.6 Peace vs. International Criminal Justice, IHRL&P @ 765-775. Bulut, Tribunals and Truth Commissions (CALI lesson) Links to an external site.

17.7 Core International Crimes, IHRL&P @ 775-781. O'Keefe, The Concept of an 'International Crime' (video lecture) Links to an external site. and Genocide Convention (1948) Links to an external site. and UN Office on Genocide Prevention Links to an external site. and Schabas, Genocide and International Law (video lecture) Links to an external site. and Murphy, Crimes against Humanity (video lecture) Links to an external site.

17.8 The Place of Immunities in Human Rights and International Criminal Justice, IHRL&P @ 782-784. Akande, The Immunity of State Officials from Foreign Criminal Jurisdiction (video lecture) Links to an external site. and Greenwood, Immunities of the Head of State under International Law (video lecture) Links to an external site. and Tladi, Immunities and the Obligation to Cooperate Under the Rome Statute (video lecture) Links to an external site.

17.9 Illustrative Cases: The Gambia v. Myanmar (ICJ pending) Links to an external site. and Investigation into Bangladesh/Myanmar (ICC pending) Links to an external site.

Th, 11/30, read, complete Course Module 18 online, and discuss on our UW Canvas course website, and in our class:

Chapter 18. Human Rights and Counter-terrorism

18.1/2 The Legal Nature of Terrorism, IHRL&P @ 785-789. UN Special Rapporteur on Human Rights and Counter-Terrorism Links to an external site.

18.3 The Discussion on Underlying or Root Causes, IHRL&P @ 789-792.

18.4 The Obligation of States to Protect their Populations from Terrorism, IHRL&P @ 792-796.

18.5 Human Rights in Counter-terrorism Operations, IHRL&P @ 796-804. UN Human Rights and Counter-Terrorism Links to an external site.

18.6 The Right to Life in Counter-terrorism Operations, IHRL&P @ 804-809. UN ODC Counter-Terrorism and Right to Life (class module and IHR Course Review) Links to an external site. and Tladi, Use of Force in Self-Defense against Non-State Actors in International Law (video lecture) Links to an external site.

18.7 Attempts to Justify Arbitrary Detention, IHRL&P @ 809-813. UN ODC Counter-Terrorism and Arrest and Detention (class module and IHR Course Review) Links to an external site. and ECtHR, Terrorism (video lecture) Links to an external site.

18.8 Unlawful Extraditions and Illegal Renditions of Suspected Terrorists, IHRL&P @ 813-821.

18.9 Legal and Other Strategies Regarding Disappeared Terrorist Suspects, IHRL&P @ 821-831.

18.10 Illustrative Case: Finogenov v. Russia (ECtHR 2011) Links to an external site.

WEEK 11

Tu, 12/5, read, complete Course Module 19 online, and virtually discuss on our UW Canvas course website, and in our class:

Chapter 19. Human Rights Obligations of Non-state Actors

19.1/2 The Status of NSAs in Human Rights Law, IHRL&P @ 539-542 & 681-682 & 832-838. Clapham, Rethinking the Role of Non-State Actors under International Law (video lecture) Links to an external site.

19.3 Multinational Corporations in the Human Rights Architecture, IHRL&P @ 838-857. UN Working Group on Transnational Business and Human Rights Links to an external site. and Vasciannie, Human Rights Law in the Carribean (video lecture) Links to an external site.

19.4 Human Rights Obligations of International Organizations, IHRL&P @ 857-869. Collins, Intergovernmental Organizations and Non-Governmental Organizations (CALI lesson) Links to an external site.

19.5 National Liberation Movements and Armed Rebel Groups, IHRL&P @ 869-877. Links to an external site.

19.6 Illustrative Case: BCB Holdings v. Belize (Carribean CJ 2013) Links to an external site.

Concluding Reflections

End of Quarter

FINAL EXAM

Assessment:

i) International Human Rights Course Class Modules and Canvas Quizzes (30% of final grade), required Canvas Quizzes based on the reading assignments and linked audiovisual material. For maximum points, you must complete all Canvas Quizzes based on your assigned reading, watching, and browsing in each Class Module before you contribute to our Canvas Discussion Board by 2 pm Pacific Standard Time same day as our synchronous afternoon class. Your Canvas Quizzes count for up to 300/1000 points.

PLUS

ii) International Human Rights Course Required Discussion Board Posts (20% of final grade), after you have completed all your assigned reading, watching, browsing and Canvas Quizzes, you must then post your required Canvas Discussion Board virtual response to our reading assignments and linked audiovisual material, no later than 2 pm PST same day as our synchronous afternoon Zoom class. In your minimum 100 words Canvas Discussion Board post before each synchronous afternoon Zoom class, you must virtually discuss, explain, critique, or compare the theories and practices of human rights we will cover later that day. Your Discussion Board posts and responses count for up to 200/1000 points.

PLUS

For all registration inquiries, please contact UW law school Academic Services at mylaw@uw.edu and Professor Walsh at wawa@uw.edu . . .

Office hours: My in-person office hours are immediately after our class every Tuesday and Thursday afternoon (5.00-5.30 pm PST), or else make an office or Zoom appointment at any other time convenient to you by texting my cell phone at (206) 321-6348. My office in the University of Washington School of Law is Room 308, William H. Gates Hall, 4293 Memorial Way NE, Seattle, WA 98195, USA.

WJW