Summer Training Course on "Human Rights and Security"
Mediterranean Academy of Diplomatic Studies
University of Malta
July 18-27, 2001
Narrative Report

Participation:

Nineteen students, human rights activists and government representatives from eleven Mediterranean countries took part in the Summer Training Course. Those countries were: Jordan, Malta, Egypt, Nigeria, Lebanon, Denmark, Morocco, Canada, Palestine, Italy, and Portugal.[1]

Organization:

The Summer Training Course was organized by the University of Malta, the Mediterranean Academy of Diplomatic Studies, the Regional Human Security Center at the Jordan Institute of Diplomacy and funded by the Political Divisions IV at the Swiss Federal Department of Foreign Affairs. It was hosted by the Mediterranean Academy of Diplomatic Studies in Sliema, Malta.

The role of the RHSC was essential in making the training course a success in both the organization and participation. Dr. Atef Odibat, Director of the RHSC was among the lecturers in the course and two staff members participated as trainees: Miss Rania Atieh, Assistant Director at the RHSC, and Mr. Nayef Faraj, PR Assistant Officer at the JID

Course Topics: [2]

• "International Law and Human Rights," Lucienne Attard, Head, Human Dimension Program, Mediterranean Academy of Diplomatic Studies, Malta

This was an introductory lecture in which Ms. Attard traced the history and development of international human rights law. She also projected the means by which international law is initiated and produced: treaties, conventions and covenants and international law-making bodies, such as the United Nations.

Ms. Attard also discussed the issue of law enforcement. She pointed out that although there is no effective mechanism that ensures the application of international law world wide, still, as she stressed, fear of mobilization of shame, mutual interest among states and the need for integration into the larger sphere of the international community all pose incentives for national states to abide by international law. After all, one may say that the UN has been the best human attempt to regulate relations among states and create international order.

• "International Law and the Status of the Individual," David J. Attard, Professor of International Law, Department Head, Faculty of Law, University of Malta, Director, International Maritime Institute, Malta

In this lecture, Professor Attard explained the origins and actors of international law. According to him, although classical international law was meant to regulate relations among states, more recently it is tempting to regulate state/individual, state/corporate, or even corporate/individual relation. In other words, the jurisdiction of international law is expanding. In many cases, as he provided few empirical examples, international law sets the parameters regarding which, where and when domestic, or even regional laws apply.

Professor Attard also talked about customary law as the main feeder to international law. According to him, customary law originates by means of establishing norms among states.

Finally, the floor was open for discussion and there was a common agreement on the need to further develop international human rights laws in this stream, that is entity/individual relations, in order to protect individuals from larger entities like states and multi-national corporations. There was also a discussion on the need for an effective law-enforcement mechanism.

• "Introduction to Humanitarian Law," Laurent Colassis, Legal Advisor to the ICRC Operations in Western, Central and Southern Africa, ICRC, Geneva, Switzerland

Colassis defined humanitarian law as a branch of international law that lays down the rules governing the use of force in war and safeguards civilians and special groups. He presented on the origins and development of humanitarian law. He also made the distinction between internally displaced people and refugees.

In addition, Colassis talked about the four Geneva Conventions and their two additional articles were they are applicable and their scope of jurisdiction.

"Internally Displaced Persons under International Law and the Role of ICRC", Laurent Colassis

First Colassis defined the mission and mandate of the International Committee of the Red Cross (ICRC). According to him, ICRC is an entity independent of all governments and international organizations that aims at assisting and protecting victims of armed conflicts and enabling them to regain their autonomy as quickly as possible. The Committee, as he mentioned, also acts as an intermediary between combatants, as a promoter of international humanitarian law and a reference for all military and state authorities to rules governing conflicts.

Collassis pointed out that, as international law’s jurisdiction broadens and its body develops to address new war scenarios and outcomes, ICRC’s mandate has also expanded to accommodate new humanitarian needs. For example, ICRC today is also concerned in ensuring the well being of war prisoners and accordingly ICRC’s personnel visit war prisons and make sure that prisoners are kept in hygiene environments and treated respectfully.  Finally, he listed the problems that face ICRC’s staff members: on the battle fields, in dealing with authorities while carrying out their duties, and in receiving and channeling funds into areas of conflict, and, finally, in prioritizing assistance.

• "Jurisdiction Issues in Contemporary International Law," David J. Attard

In this lecture Professor Attard talked about the limited jurisdiction of international law. He argues that although this can be taken as an impediment, it is in fact rather an advantage. For after all international law is completely dependent on state consent and any deferring from this rule, will cause chaos in international order. The case in mind was NATO’s intervention in the Balkan’s without a Security Council resolution.

• "United Nations System of Protection," Ann Gallagher, International Lawyer Specializing in Human Rights and International Organizations Law, UN High Commissioner Human Rights Advisor

As a UNHCR Officer, Ms. Gallagher first defined the term refugee according to international law and the mandate of UNHCR. This mandate is basically to help persons, legally defined as refugees, by providing them with international protection and then assisting them to restart their lives, either through voluntary repatriation to their original homes or resettlements in new countries. Ms. Gallagher made the point that due to the rise of new type of internal conflicts, as in that of Northern Iraq and the Balkans, UNHCR expended its mandate to include internally displaced persons. This, according to her, has increased the number of people who receive assistance from UNHCR to over 22 million worldwide.

The point made by Ms. Gallagher was that international law is consistently developing, although this change is relatively slow and is usually made following an international catastrophe, in order to accommodate new humanitarian needs. After all, international bodies, like UNHCR, has to function within a clearly cut jurisdiction that is set forth by international law. 

• "The Emerging Concept of Human Security," Atef Odibat, Director, Regional Human Security Center, Jordan Institute of Diplomacy, Amman, Jordan

Dr. Odibat first attempted to trace the history of the development of the concept of human security. According to him, the concept of human security was introduced for the first time in the Human Development Report of 1994, which was published by the UNDP. He pointed out that the report sets the bases of human security on the fact that an individual should not be protected by his nation only, but rather by the entire world. This means, as he out it, that the security of an individual, in this new century, is heading towards a "globalized security".

Dr. Odibat then explained that the pre-requisites of human security are the dispersion from fear and want. In addition, Dr. Odibat enlisted critical topics that fall under the umbrella of human security: compulsory immigration of civilians, international terrorism, Aids, epidemics, drugs and arms dealings.

Finally, Dr. Odibat made the conclusion that since the issues of "human security" are related to any factor that could cause fear, anxiety, or a feeling of instability to individuals, the most important issue of "human security" is the issue of children. Thus, the urge to address children problems arises.

The concept of human security caught the attention of the trainees and the uniqueness of scope and agenda were of high interest to the participants. 

• "The International Court of Justice," Mariano Gracia, Lecturer of International Law, Graduate Institute of International Studies, Geneva, Switzerland

As an international lawyer, Gracia raised an interesting argument that falls in the same track of that of Professor Attard’s. In his lecture Gracia argued that international law, is indeed deferring from its classical concern of dealing with states disputes, with consent remaining as a precondition, to addressing individuals’ needs of states nationals.

In the LaGrand case, Germany vs. the United States of America, Germany’s institution consented to represent two individuals, the LaGrand brothers, German nationals who had committed a homicide in the US and were sentenced to death by the US federal courts, before the International Court of Justice. In this case, Germany claimed that the US has violated Article 36 of Optional Protocol concerning Compulsory Settlement of Disputes to Vienna Convention on Consular Relations of 24 April 1963 under which the US was obligated to "inform a national of the sending state without delay of his or her right to inform the consular post of his home State of his arrest or detention".

The United States’ stance, on the other hand, was that the ICJ cannot turn into an ultimate court of appeal in criminal proceedings while the case should be addressed by domestic American laws and before national federal courts.

Eventually, the ICJ ruled that the US has violated the above mentioned Article of the Vienna Convention. Nevertheless, and according to Cracia, it is not the peculiarities of the case that really matter when it comes to the fact that the ICJ, classically set to ensure and preserve national states’ rights, have recognized and ruled for an individual’s right, that is of informing his home state of his detention or arrest and thus seeking counselor assistance.

• "The Refugee under International Law," Vera Gowlland-Debbas, Professor of Public International Law and International Organization, Graduate Institute of International Studies, Geneva, Switzerland

Professor Gowlland-Debbas mere concern was to define the term refugee from a legal point of view. According to her, the 1951 Convention and the 1967 Protocol both have implementation problems vs. domestic and regional laws, as in the case of the 1969 OAU Convention as a regional instrument that address specific refugee problems.

Finally, Professor Gowlland-Debbas talked about further enhancement and expansion of international humanitarian laws in order to address needs of special vulnerable refugee groups, like women and children and ensure the security of refugee camps, as special non-conflict zones.

• "Human Security and Special Groups," Atef Odibat

Dr. Odibat started his lecture by presenting a brief history of official human interest in children. He then liked this interest to the development of a new world vision and the emergence of the concept of "human security" which has urged the consideration of children as a special group and added a new profile to their rights.

Dr. Odibat then briefly presented as over view of children’s conditions in the Arab region and addressed their problem from the following perspectives:

- Children living under sanctions: a case study of Iraqi children

- Children in armed conflicts: case studies from Lebanon, Palestine and Sudan

- Child labor and the economic abuse of children: Egypt, Yemen, Lebanon, Morocco, Syria, Sudan, Jordan, the West Bank and Gaza Strip.

• "The Balkans: Ethnicity and Conflict," Norman Scott, Director, Diplomatic Training Programs, Graduate Institute of Diplomatic Studies, Geneva, Switzerland

Professor Scott attempted provided a detailed historical background to the Balkan region in an attempt to draw a framework to the current conflict. His goal was to map all the theoretical approaches to ethnic conflicts. For example, instrumentalists, depict ethnic sentiments as politicized means used, or may be misused, to draw dividing lines among peoples living together in a hope for developing a national identity both demographically and geographically.

He pointed out that in many cases, as in the case of the Balkan, peoples have for years lived peacefully with a well-grounded history of tolerance, coexistence and even homogeneity. Still, factors, like economic discrepancy, or political inequality may constitute an incentive for the emergence of ethnic sentiments and eventually ethnic conflicts.

• "The Palestinian Diaspora and the Right of Return," Hadeel Al-Treik, Research Associate, Mediterranean Academy of Diplomatic Studies, Malta

Miss Treiki addressed the Palestinian Issue from a strictly legal point of view. How international law views Palestinians. Accordingly, to international law, Palestinians are both internally displaced, in Israel, the West Bank, and in Gaza Strip, as well as refugees, in Jordan, Lebanon, Syria, etc. However, She made the point that the right of return of Palestinians is being overridden by bilateral negotiations that undermine Palestinians rights given to them by international law.

• "European Policy and the Rights of Refugees and Asylum Seekers," Joanna Apap, Research Fellow, Center for European Policy Studies, Brussels, Belgium

First, Mrs. Apap explained the classical meaning of an "asylum seeker", which was, as she pointed out, politically exclusive, and the way this term has developed and gained an additional social dimension. Accordingly, new sets of European policies and laws have developed to accommodate and regulate the increasingly peculiar cases of asylum. Another issue was the homogenization of such laws at a European regional level as a part of the larger EU law pact.

Human Security Agenda:

The RHSC’s participation was beneficial in the following ways:

• Introducing the concept of human security academically and promoting it at both regional and international levels;
• Introducing the Center and its activities at both a regional and international levels, and;
• Broadening the Center’s outreach and increasing its contacts.[3]
• Introducing human security agenda and attempting at creating a human security agenda for the region.

Feedback:

Although the concept of human security is relatively new, it has generated so much argument. One argument was that there is no clear-cut distinction between human security and human rights and whether it will urge further development of international laws that would address a larger set of human needs with a more social and psychological manifestations that guarantees human security from need, fear and want. One view was that domestic laws and state sovereignty would pose a great obstacle to the emergence of such laws.

Whether human security would materialize to an international approach to mold new international laws oriented towards regulating state or entity/individual relations, where state jurisdiction over individual is further constrained by the higher means was another argument. In general, the view was that the concept of human security is still vague and it should further be developed and trimmed.

Many discussions were held during those informal meetings and lunches about human security and its agenda. The Jordanian participants and lecturers had the chance to introduce the RHSC during those meetings. The participants were interested in learning about the Center’s human security activities and possibly even participating.