In Horsehair Wigs, from Irish Rule of Law International, journalist Evelyn McClafferty speaks to guests about justice and human rights, and explores the drivers behind their work. The podcast is funded by Irish Aid. www.irishruleoflaw.ie
Doreen Chen
On the show this month, we’re talking to international human rights lawyer, Doreen Chen. She talks about the situation for human rights defenders globally and she also discusses her human rights centric input in the drawing up for various global authorities of counter-terrorism responses.
Doreen is the co-founder of a non-profit, Destination Justice, which she also runs. The organisation advances human rights and the rule of law. It works primarily with human rights defenders – people who work peacefully to promote and protect human rights. Doreen links the killing and crackdown of human rights defenders globally with a worldwide decline in the rule of law.
Most of the human rights defenders being killed are those working to protect the land, environment or indigenous people’ rights. Doreen discusses this in the context of Asia, where she has her focus, and she also discusses the precarious human rights conditions for people exercising their basic freedoms in Thailand.
As a lawyer and litigator, she believes that the right to a fair-trial is a corner-stone to respecting the rule of law and democracy, and in that context works with various actors in centering human rights in counter-terrorism responses. She says there is a rich tapestry of different actors working to counter the threat of terrorism, especially since 9/11 and she works with various authorities globally. She says, “we need to be level-headed, especially in cases like terrorism, when the circumstances are triggering us to behave otherwise.” She says the underlying theme of the rule of law and democratic resilience is why she does this work.
Doreen says her invitation to participate in these different policy spaces, as an international human rights lawyer, is evidence of the approaches that are being taken now, twenty years after the terrorist attacks against New York City and Washington D.C. while mentioning widely publicised shortcomings in prior processes adhering to human rights law, namely extensive detention, extraordinary rendition and torture of suspects.
According to the latest statistics in the Global Terrorism Index, from ReliefWeb – a UN service - Afghanistan is the country most impacted by terrorism for the fourth consecutive year, but it’s the Sahel region in sub-Saharan Africa which is now the epicenter of terrorism. Doreen discusses the known drivers of terrorism, saying people who live within weak legal systems are at particular risk of terrorist activity. For Doreen, she believes human rights standards need to be lifted across the board to eliminate the potential for terrorists to exploit weaknesses.
Presented and produced by Evelyn McClafferty.
With thanks to our donors: Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
1/21/2024 • 25 minutes, 25 seconds
Kate Gibson
On Horsehair Wigs this month, we’re in conversation with international criminal and human rights lawyer, Kate Gibson, who talks about the effectiveness of the International Criminal Court (ICC) in delivering justice.
The ICC is made up of 123-member states, but many governments are not ICC parties, having not signed up to the Rome Statute, which governs it. These countries include the United States, China, Israel, Russia and India. Kate talks about the importance of all states signing up the court, cooperating and believing in it, in order for there to be more widespread enforceability of international criminal justice and accountability for grave crimes.
In its 21-year history, the International Criminal Court has publicly indicted 52 people. With the exception of 5 Russians indicted during the current conflict in Ukraine, all other ICC indictees have been African or Arab. Kate believes it’s because international criminal justice is a very politicised environment and questions why some states are willing to subject themselves to the jurisdictional reach of the court and others aren’t. She says this is why international justice, “doesn’t yet have this universal reach” and “why we only see certain types of defendants in the dock”.
Among others, Kate has represented former Bosnian Serb leader Radovan Karadzic who is serving a life sentence after being convicted of genocide for the July 1995 Srebrenica massacre of more than 8,000 Muslim men and boys by Bosnian Serb forces. And she’s also acted as co-counsel to the former Liberian President Charlies Taylor – who is serving a life sentence for his role in the conflict in Sierra Leone.
Kate talks about her career of nearly 20 years representing those accused of serious international crimes and the impact the delivery life sentences have, and her view of the defence being crucial to the workings of justice.
Presented and produced by Evelyn McClafferty.
With thanks to our donors: Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
12/18/2023 • 30 minutes, 9 seconds
Binta Mansaray
On the programme this month, we discuss the psychosocial impact of the civil war in Sierra Leone with human rights activist, Binta Mansaray.
Binta, a Sierra Leonean, talks about the double victimisation of child soldiers, who are now adults, many homeless, and involved in criminality. She also talks about the legacy the conflict has had – a conflict which had been fuelled and funded by the country’s natural resources, diamonds. We hear about the absence within schools’ teachings of the history of the war. And Binta describes many adults in the country now, “not wanting to hear anything about the war because of what they have gone through.”
What has become of the perpetrators of the violence and its survivors? We discuss this, within the narrow mandate the Special Court for Sierra Leone (SCSL) had, in holding those who bore “the greatest responsibility” and within a specific timeframe.
Binta is Registrar of the SCSL, now in residual status. Prior to that, she worked as its Outreach Coordinator, having direct contact with the people and communities in the country. Much of her work surrounded liaising with women and children, and still, to this day, she is involved in the processes surrounding transitional justice.
The SCSL was the first to rule on the use of child soldiers in conflict. Previous podcast guests, Shireen Fisher and Teresa Doherty have also contributed significantly to the court. Indeed, while a member of the court, it was Justice Doherty’s opinion that led to the recognition in international law of forced marriage as a crime against humanity.
This episode contains some graphic details of killings and atrocities committed during the war, which have been described as “the worst we have seen anywhere in the world”.
Presented and produced by Evelyn McClafferty.
With thanks to our donors: Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
11/20/2023 • 30 minutes, 50 seconds
Maud Sarliève
Our guest on Horsehair Wigs this month is Maud Sarliève, a Human Rights and International Criminal Lawyer advocating for creative legal thinking to mitigate climate change and protect the environment. Maud has travelled and worked internationally, on UN backed tribunals, for the United Nations office on Drugs and Crime and for the UN High Commissioner for Refugees, among others.
In this interview with Maud, we discuss what the proposed international crime of Ecocide is all about. And we talk to Maud about her current role advising the Office of the Prosecutor General in Ukraine on the investigation and prosecution of war crimes impacting the environment.
Presented and produced by Evelyn McClafferty.
With thanks to our donors: Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
10/5/2023 • 34 minutes, 36 seconds
Gearóid Ó Cuinn
On our show this month, we speak to Gearóid Ó Cuinn who teaches transnational human rights litigation at the Irish Centre for Human Rights in Galway, Ireland. Gearóid is also head of the Global Legal Action Network (GLAN) – an organisation which pursues justice across borders for communities directly impacted by human rights abuses. Gearóid and his team have a very interesting portfolio of work, and are currently involved in a landmark climate case to be heard before the European Court for Human Rights in September. The case is being taken by young people from Portugal, who are suing European states over climate change.
Presented and produced by Evelyn McClafferty.
With thanks to our donors: Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
9/4/2023 • 29 minutes, 11 seconds
Linda Kasonde
Delighted to have guest, Linda Kasonde with us on the show this month. Linda is a lawyer and civil rights activist from Zambia.
In 2016, Linda became the first woman to hold the position of President of the Law Association of Zambia. She stood up to the then ruling government party, the Patriotic Front, at a time when many people didn’t.
She now practices in Lusaka, having set up her own NGO – Chapter One Foundation and her own law firm, LCK Chambers. Protecting human rights and the rule of law are central to her work. Linda is widely known for speaking truth to power and in this interview talks to us about her experiences, including those of smear campaigns while at the helm of Zambia’s law association.
Presented and produced by Evelyn McClafferty.
With thanks to our donors: Irish Aid, principally, and solicitors working in the Republic of Ireland, who - when applying for the renewal of their practicing certificates – have made a voluntary contribution to IRLI.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
6/29/2023 • 35 minutes, 10 seconds
Teresa Doherty
On this month’s show, international Judge Teresa Doherty, who became the first female judge in Northern Ireland and in the entire pacific region, talks to us about her life and work.
She grew up a Catholic in Portstewart in Northern Ireland at a time of a very divided Northern Ireland. Catholics were hugely discriminated against, for example, in terms of employment, they were often much poorer and coupled with that, there was huge inequality in terms of women’s rights and men’s rights, especially in terms of education.
Her background has significantly influenced her impact in the field of international criminal justice, going on to make landmark rulings related to forced marriage and sexual slavery, and she was a member of the Special Court for Sierra Leone - the first court to rule on the use of child soldiers and convicted a sitting Head of State.
Prior to that, Justice Doherty also spent 22 years working in Papua New Guinea, where she worked heavily to highlight the rights of prisoners and women’s rights.
Presented and produced by Evelyn McClafferty.
With thanks to our donors: Irish Aid, principally, and solicitors working in the Republic of Ireland, who - when applying for the renewal of their practicing certificates – have made a voluntary contribution to IRLI.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
5/31/2023 • 45 minutes, 31 seconds
The Afghan Judge
Our guest this month is an Afghan judge, who was forced to flee her home country after the Taliban retook Afghanistan in 2021.
She managed to escape Afghanistan with her family, following huge efforts by the International Association of Women Judges. In her early thirties and now in Ireland, when she lived in Afghanistan, she worked at the Violence Against Women Court – a court established during the country’s democratic rule. She talks about the legal cases she engaged with then, often including members of the Taliban. She also talks about the current situation in Afghanistan for women and girls.
To protect her identity and to ensure the safety of her family in Afghanistan, we have not used her name.
Presented and produced by Evelyn McClafferty.
With thanks to our donors: Irish Aid, principally, and solicitors working in the Republic of Ireland, who - when applying for the renewal of their practicing certificates – have made a voluntary contribution to IRLI.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
4/27/2023 • 32 minutes, 2 seconds
Eva Buzo
Australian barrister and the Executive Director of Victim Advocates International (VAI), Eva Buzo is our guest on this month’s show.
Eva has worked extensively with the Rohingya community in the Cox’s Bazare district in Bangladesh, where one of the largest refugee camps in the world in located. She managed a large humanitarian response in 2017/2018, as hundreds of thousands of Rohingya refugees began arriving into the camp. Her organisation, VAI advocates for and strongly supports victims of genocide, war crimes and crimes against humanity.
In this episode, Eva tells us about her work – having spent two years in Cox’s and the impact that the killing of Rohingya activist Mohib Ullah - who had become a friend of hers - had on her life. She also talks about how returning to the sea and sea swimming has helped her find a balance in dealing with a very “adult” job.
Presented and produced by Evelyn McClafferty. With thanks to our donors, Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
3/29/2023 • 38 minutes, 4 seconds
Shireen Fisher
International judge Shireen Fisher is the next guest on our new podcast. Justice Fisher has been heavily involved in a campaign by the International Association of Women Judges, of which she is a member, in helping female Afghan judges and their families leave Afghanistan after the Taliban came to power in 2021. She talks about the substantial campaign and her prior work with the Special Court for Sierra Leone, now in residual status, and her time as a judge on the War Crimes Chamber of the Court of Bosnia and Herzegovina.
Presented and produced by Evelyn McClafferty. With thanks to our donors, Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.
2/16/2023 • 36 minutes, 49 seconds
Fergal Gaynor
On the first episode of our new monthly podcast, Horsehair Wigs, we meet Irish barrister and international judge, Fergal Gaynor at his home in The Hauge, where he talks about his life and work, and why he does what he does. Fergal has spent almost two decades working in international criminal justice and has brilliant insights into the workings of law and the intricacies of people.
Presented and produced by Evelyn McClafferty. With thanks to our donors, Irish Aid.
Note: The views and opinions expressed in this episode do not necessarily represent those of IRLI or Irish Aid.