Meeting Ernie and becoming a staff member of the Center for
Global Justice was definitely the highlight of my 1L year after Fall Semester
2013. I was a “two-year” J.D. student,
which means that I applied for and was selected to complete a full, ABA 90-credit
law program in two years rather than the usual three. As part of that program, I was the first
official “extern” at the Center.
The
Center for Global Justice works ON BEHALF of NGOs and international organizations
to combat human rights violations and protect religious liberties. During my
externship in the Spring of 2014, I worked for two organizations. The contacts
that the Center for Global Justice has made are extensive and include several
international organizations all over the world.
On top of that, Regent Law Professor Kathleen McKee works with externs
in her Legal Aid practice, which also exposes students to domestic legal issues
outside the Regent campus. I came onto
the student staff because I started law school with a deep interest in
combating human sex trafficking.
Shared Hope International
I began my work at the Center by working on a project for
Shared Hope International, which is a non-profit organization that strives to
prevent the conditions that foster sex trafficking, restore victims of sex
slavery, and bring justice to vulnerable women and children. Our task was to comb through state statutes
relating to victims of human trafficking so that Shared Hope could conduct its
annual survey of U.S. state laws and give a “grade” to each state. Every year, Shared Hope gives each of the 50
U.S. states a “report card” of how effective its human trafficking laws
are. Once this report is generated,
Shared Hope employees notify state legislatures so that they may spend the next
year strengthening their laws regarding commercial sex trafficking and
hopefully get a better “grade” or “report card” in the next year. Shared Hope
also highlights the areas where the state should strengthen its laws indicating
what types of legislation should be added to boost the state report.
As a Center staff member, I was allowed to choose which
states I wanted to research. I chose Florida, Georgia, the Carolinas, New
Orleans, and New York. It was
fascinating to go through the research Shared Hope had compiled on each
state. I spent hours looking at the
various state laws that combat, not only those who partake in commercial sex
and sex trafficking, but also those laws that protect the victims of such
acts. State victim protection laws
center around alleviating prosecution of prostitutes who have been trafficked
so that they may receive proper help and therapy and become contributing
members of society. I was able to see
how each state utilized its particular legislative avenues to combat the needs
specific to that state, but more importantly I could see where state laws were
weak and left large vulnerabilities in the prosecution and combatting of the
commercial sex industry throughout the United States. Today, I can log into the Shared Hope
website and see the 2013-2014 report cards of each state and know that I helped
research and develop those reports.
Southeastern Crime Stoppers Association
Jennifer and Prof. Kathleen McKee |
The Southeastern
Crime Stoppers Association includes Crimesolvers, Crime Line and Crime Stoppers programs from Delaware, Florida, Georgia, Maryland, North
Carolina, Puerto Rico, South Carolina, Virginia, West Virginia, and Washington,
D.C. I helped compile statutes related
to confidential informants and “tipster” anonymity protections. During the
course of this project and the Shared Hope Project, I completely expanded my
knowledge and skills to utilize LexisNexis and Westlaw legal search
engines. As a 1L, we are given a broad
overview of the websites, but in the course of my externship, I spent most of
my hours combing through hundreds of statutes, documents, and case law topics
to gather information about the rules in several states. My ability to quickly, efficiently, and
effectively navigate these websites has already made me a strong candidate for
any legal position since I am able to quickly find applicable case or statutory
law for any issue my firm is needing research on.
At the end of the semester, I
was given the opportunity to present my findings alongside Professor McKee at
the Southeastern Crime Stoppers 2014 Annual Conference in Williamsburg in front
of hundreds of police officers, legislatures, lawyers, and public relations
people who traveled from the eight states (and D.C.) that make up the
Southeastern Crime Stoppers.[1] I presented
the research that the Center for Global Justice had compiled on the tipster
protections, and today that information, including out PowerPoint presentation,
is being used to help the Maryland and D.C. legislatures frame and PASS the Crime Stopper bills which
have been on the floor, but not yet implemented. Such laws have been shown to heighten
civilian awareness of criminal activity and strengthen the community
involvement in the apprehension of criminals by giving the civilians incentives
and anonymity to cooperate with law enforcement when they witness possible or
suspect criminal activity in their respective neighborhoods. Through the course of this project, I gained
an incredible understanding of what the various “local crime stopper hotlines”
do to make a positive effect on state communities and strengthen the
relationship between law enforcement and civilians.
Jerusalem Institute of Justice: Spring 2015
This was my proudest achievement and simultaneously most
humbling experience. Throughout law
school, I had worked with Ernie in the above-mentioned projects, but maintained
an open heart on the areas of law closest to my heart. Ernie supported my work with another attorney
that conducted international legal research with a concentration on the Middle
East, namely Israel. I both have a
passion for Israel, so when my work with the other attorney was completed, I
spoke to Ernie about working with law firms in Israel. Providentially, Ernie already had set up a
meeting with Calev Myers, the President of the Jerusalem Institute of
Justice. I was honored to be invited to
this meeting and get to know Calev. Much of my focus in law school shifted from
human trafficking to the Middle East just based on where I felt most
passionate. Calev founded JIJ to help
combat human rights violations and democratic infringements in areas throughout
Israel and its adjacent territories. JIJ
works with Israeli, Palestinian, and other Arab communities in those areas to help
promote liberties and human rights amongst the civilians in that part of the
world.
The first project that Calev’s team at JIJ presented to
Ernie was a research paper that would focus on Hamas as a non-state or
quasi-state actor since they were voted into elected office in the Gaza Strip
alongside the Palestinian Authority in 2006.
Although the general politics of the area are contested, many worry that
the Palestinian civilians living in Gaza are not being protected by its
governing authority, Hamas, despite Hamas’s legal duties to their civilian
population. For the past several years,
Hamas has not only targeted Israeli civilian populations, but has unlawfully
used its own civilian populations as shields, or worse, an example to others of
what conspiring with neighboring Israel will result in—public executions
without trial.
The research article that JIJ presented to us was to define
what a “state” was and then identify Hamas’s standing under international law
to determine if Hamas would be considered a “non-state” or “quasi-state” actor. We were then to research whether non-state or
quasi-state actors had duties and obligations to civilians under International
Human Rights Law. These laws are
codified in various forms such as the United Nations Universal Declaration of
Human Rights, the Cairo Declaration of Human Rights, and various other
multilateral conventions—including the International Convention on Civil and
Political Rights and the International Convention on Economic and Social
Rights—all of which declare and outline fundamental human rights that ALL
actors are to adhere to. For support, we
found cases where a non-state actor was held bound by IHRL despite not having
“state” status or signing onto the treaty.
Throughout the research we discovered that there have been organizations
which were bound by IHRL despite being considered “non-state actors.”
Next, our assignment was to research and document possible
legal recourses for civilians affected by Hamas. For example, if Hamas is considered a
“non-state” or “quasi-state” actor, are they subject to the same legal duties
as elected state representatives? If so,
civilians would have a legal claim against the actions of Hamas members or the
group as a whole. Also, if there are
cases showing that non-state actors—such as Hamas—can be subject to civil legal
recourse, then Palestinian or Israeli civilians would be able to sue Hamas for
damages resulting from the violence Hamas has perpetuated as an elected
representative. This portion of the research
highlighted various cases, domestic and international, where courts held Hamas
(or similar terrorist organizations) financially liable for violence carried
out against civilian populations. We
focused on cases involving Hamas and legal justifications that the courts used
to find a non-state actor responsible for failing to carry out their legal
duties.
The project was relevant for many reasons. One of them being that the General Court of
the European Union had temporarily voted to remove Hamas from the EU list of
terrorist organizations which would allow Hamas to receive funding. A major problem with this from JIJ’s (and
our) perspective was that there was almost no proof that Hamas had used any of
its financial resources to provide food and water and necessities to the
Palestinian civilians. Rather, evidence
showed that Hamas had used its financial resources to purchase weapons in its
war against Israel. If removed from the
EU terrorist list, it would be allowed nearly unlimited financial resources
without much transparency as to whether those were being used to benefit the
civilian population rather than incite another war.
In the past few weeks, due to the efforts of many
organizations (JIJ included), human rights organization Amnesty International
declared that Hamas is guilty of torture, possible war crimes, and summary
executions of Palestinian civilians.[2] Hopefully this helps bring peace to the
region where JIJ focuses its civilian efforts.
This project was very important to me as I maintain a passion to work in
a legal field that deals primarily with the Middle East and Central Asia.
[1] Southeastern Crime Stoppers Association,
http://www.secrimestoppers.org/#, last visited May 29, 2015.
[2]
William Booth & Hazem Balousha, Amnesty
International: Hamas Guilty of Torture, Summary Executions, Wash. Post (May 27, 2015),
http://www.washingtonpost.com/world/amnesty-international-hamas-guilty-of-torture-summary-executions/2015/05/27/4d1ee6b1-ac6a-420f-b7a7-80aa62d24b86_story.html.
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