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The Partnership funds 4 student projects

By News, Press Releases

June 2019 – This spring, the Canadian Partnership for International Justice (CPIJ) launched its new funding program for student projects. This program aims to encourage and support students in their projects related to CPIJ’s research program.

Several requests were received for the 2019 spring trimester. While thanking all applicants, CPIJ is glad to disclose the identity of recipients:

  • Azé Kerté Amoulgam, doctoral student in law at Université Laval: 1000$ to realize a 6-month internship at the International Criminal Court’s Office of Public Counsel for the Defence, in the Hague (the Netherlands);
  • Jeremy Pizzi, baccalaureate student at McGill University: 1000$ to complete a 15-week internship at International Criminal Court’s Trial Chambers section, in the Hague (Netherlands);
  • Sarah Douglas and Sophie Gagné, respectively doctoral student at Dalhousie University and master’s student at Université Laval: 250$ each to participate in the Reflections on Rwanda educational program on genocide, organized by SHOUT Canada from 17 May to 1st June 2019.

Applications were analyzed by CPIJ’s Committee Scholarship and Student Funding Committee, which meets on a quaterly basis. Find out the procedure and applicable delays to request CPIJ funding.

Congratulations to the recipients!

CPIJ Members Contribute to National Inquiry into MMIWG’s Legal Analysis on genocide

By News, Press Releases

5 June 2019 – On Monday, the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) was made public at an official ceremony held in Ottawa. This report, which affirms that First Nations, Inuit and Metis are victims of genocide, is supported by a supplementary legal analysis produced to deal specifically with this issue.

The use of the term “genocide,” entailing far-reaching legal and political consequences, had a resounding impact within Canada and abroad. On Tuesday, Prime Minister Justin Trudeau accepted the use of the term “genocide” during the 2019 Women Deliver Conference in Vancouver. He had also pronounced that word the day before in his opening speech at this conference, but without officially accepting it.

The legal analysis supporting the MMIWG’s findings was elaborated in consultation with international legal scholars and lawyers with expertise on genocide and international crimes, including CPIJ members, namely Fannie Lafontaine (CPIJ Director), Amanda Ghahremani (Co-Researcher) and Catherine Savard (Assistant Coordinator).

The supplementary legal analysis on genocide contains the National Inquiry’s legal basis for determining that Canada has committed genocide against Indigenous Peoples. This analysis focuses on the responsibility of Canada as a state, and not on the responsibility of individuals. It explains that Canada’s genocide of Indigenous peoples was perpetrated through colonial structures and policies maintained by the Canadian state through centuries up until now. More precisely, it is the Canadian government’s actions and omissions, taken as a whole, that constitute this genocide. They imply the responsibility of the Canadian state under international law.

This MMIWG’s legal analysis insists on the fact that, contrary to the popular understanding, genocide encompasses both lethal and non-lethal acts, including acts of “slow death”, i.e., not leading to immediate death. In the Canadian colonial context, the intent to destroy Indigenous peoples was implemented gradually and intermittently through various policies targeting the distinct Indigenous communities. These policies compromised Indigenous peoples’ rights to life and security, as well as numerous economic, social and cultural rights. If such non-lethal acts differ from the traditional reductionist narrative on genocide, which is based on the Holocaust model, they are nonetheless included in the definition enshrined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide.

The MMIWG analysis concludes that the Canadian violation of international law will continue as long as genocidal acts continue to occur and that destructive policies are upheld by the Canadian government. Under international law, Canada has a duty to remedy the harm caused, but first, it must put an end to the persistent manifestations of violence and oppression of Indigenous peoples. Ending this genocide and providing appropriate remedies requires the implementation of an honest and dynamic process to decolonize and indigenize Canadian structures, institutions, laws and policies, thus involving the full and timely implementation of the MMIWG Calls for Justice.

The MMIWG is a National Commission of Inquiry set up in September 2016 and charged with the mandate to examine and report on the systemic causes of all forms of violence against Indigenous women and girls and 2SLGBTQQIA individuals in Canada. Its work led to the conclusion that Canada’s genocide of Indigenous peoples constitutes a root cause of the violence perpetrated against Indigenous women, girls and 2SLGBTQQIA individuals.

The supplementary legal analysis of genocide is available in English and French.

The MMIWG’s Final Report is available here:

* The acronym 2SLGBTQQIA refers to two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual persons.

CPIJ welcomes Sharry Aiken and Joseph Rikhof

By News, Press Releases

The Canadian Partnership for International Justice (CPIJ) is pleased to announce the addition of Profs. Sharry Aiken and Joseph Rikhof in its project team, respectively as a Co-Researcher and as a Collaborator.

Associate Professor at Queen’s Law University, Sharry Aiken has spent a great deal of her career advocating for human rights and social justice. Her outstanding expertise on immigration and refugee law has led her to appear before the Supreme Court of Canada in a number of precedent setting immigration cases, such as the Charkaoui, Harkat and Almrei cases. Past president of the Canadian Council for Refugees and former Co-Chair of the Board of Directors of the Canadian Center for International Justice (CCIJ), Prof. Aiken will undoubtedly be a valuable asset to Axis 3 of CPIJ Research Program.

Adjunct Professor at the University of Ottawa (Common Law Section), Prof. Rikhof has served as Senior Counsel and Manager of the Law with the Crimes against Humanity and War Crimes Section of the Department of Justice, Canada. His area of expertise includes the law related to organized crime, terrorism, genocide, war crimes and crimes against humanity, especially in the context of immigration and refugee law. Prof. Rikhof has collaborated regularly with CPIJ since its creation, having notably been involved in the expert meeting CPIJ organized on the collaboration between national prosecuting authorities (NPAs) and NGOs in the prosecution of international crimes, which took place in March 2018. He also collaborated with CCIJ and the Philippe Kirsch Institute on many occasions.

Welcome in the team!

The Nevsun case is heard before the Supreme Court of Canada

By News, Press Releases

January 2019 – On 23 January 2019, co-researchers of the Canadian Partnership for International Justice intervened before the Supreme Court of Canada during the hearing of the Nevsun case. This groundbreaking case has great potential significance for human rights and corporate accountability in Canada as it is the first lawsuit whose claims are based directly on violations of international law.

The case questions whether a Canadian mining company should be held accountable for human rights violations perpetrated abroad. The British Columbia mining company Nevsun Resources Ltd. faces charges of forced labour, a form of slavery, related to the construction of the Canadian owned Bisha gold mine in Eritrea. Plaintiffs are former mine workers who have been granted the refugee status in Canada.

Jennifer Klinck, Paul Champ and Penelope Simons at the hearing. (Photo: Twitter)

In appeal before the Supreme Court of Canada, Nevsun sought immunity for its conduct based on the common law doctrine of act of state. The respondents pleaded the absence of a doctrine of corporate immunity in international law and claimed that jus cogens norms of customary international law should serve as a source for development of the Canadian common law.

CPIJ is proud that its co-researchers Penelope Simons and François Larocque intervened, together with Jennifer Klinck and Paul Champ, as representatives of Amnesty International and the International Commission of Jurists. Co-researcher Amanda Ghahremani and the Canadian Center for International Justice (CCIJ), a CPIJ partner organization, were also part of the legal team for the respondents.

The webcast of the hearing is available here, and the parties’ factums on appeal can be accessed here. Further documentation is available on CCIJ’s website.

Lawyers Without Borders Canada Organizes an Event on the Fight against Impunity in Mali

By Communiqués de presse, News, Press Releases

CPIJ Co-Researcher Janine Lespérance and Abdoulaye Doucouré. (Photo by Catherine Savard)

5 December 2018 – On this first day of the 17th Assembly of State Parties (ASP) to the International Criminal Court (ICC), which takes place from 5 to 12 December 2018, in The Hague (Netherlands), CPIJ partner organization Lawyers Without Borders Canada (LWBC) organized a side-event on the fight against impunity in Mali, titled “Réconciliation et lutte contre l’impunité au Mali : un faux dilemme” (“Reconciliation and Fight against Impunity in Mali: A false dilemma”).

At the occasion of this event sponsored by Canada, who was represented by the Head of Canada’s Delegation at the ASP, Mr. Alan Kessel, CPIJ Co-Researcher Janine Lespérance moderated a panel composed of Mr. Abdoulaye Doucouré, LWBC Transitional Justice Coordinator in Mali, and Ms. Bouaré Bintou Founé Samaké, President of the Malian division of the organization Women in Law and Development in Africa.

The event discussed the possibility for victims of international crimes perpetrated in Mali since the start of the armed conflict in 2012 to have access justice, thus deepening the reflection initiated at the occasion of a side-event organized during the 17th ASP in 2017.

Alan Kessel presented introductive remarks. (Photo by Catherine Savard)

After introductive remarks were presented by Mr. Kessel, discussions critically explored the draft law on “national understanding”, which was recently transmitted to the Malian National Assembly to be discussed on 13 December 2018. LWBC declared itself highly concerned by the possible adoption of this bill, which would open the door for an amnesty to be granted to authors of serious crimes perpetrated during the armed conflict which raged in this country.

The permanent insecurity that prevails in many northern communities and that has recently spread in the center of Mali was identified as a major hindrance for victims to have access to justice. It was further highlighted that sexual and gender-based violence are rampant and rarely ever denounced.

(Photo by Érick Sullivan)

Since 2015, LWBC has been active in Mali in the context of the project “Justice, prévention et réconciliation” (“Justice, Prevention and Reconciliation” or JUPREC). This project is made possible thanks to Global Affairs Canada’s financial support, and is implemented by LWBC in consortium with the Centre d’étude et de coopération internationale and the École nationale d’administration publique.

The Canadian Partnership for International Justice is attending the 17th Assembly of State Parties to the International Criminal Court

By News, Press Releases, Student News

3 December 2018 – For the third year in a row, the Canadian Partnership for International Justice (CPIJ) is represented at the Assembly of States Parties (ASP) to the International Criminal Court (ICC) by a delegation of practitioners, academics and students from various NGOs and academic institutions.

Each year, the ASP is one of the most important events in the field of international justice. Representatives of states that have ratified or acceded to the Rome Statute gather to take crucial decisions on issues the Court is currently facing. Many ICC senior officials are also attending, and many side-events are organized by civil society organizations to stimulate the discussions and strive to find solutions to outstanding issues that hamper the project envisioned in the Rome Statute.

The 17th ASP, held from 5 to 12 December 2018 at the World Forum in The Hague (The Netherlands), will allow students to deepen their knowledge of the most important issues pertaining to international justice while living a real experience of judicial diplomacy. This event is an amazing opportunity for CPIJ to train a cohort of students who are educated, engaged and networked in international and transnational law. Through blogging and live twitting, our delegates will train and educate diverse Canadian audiences about the challenges, pitfalls and potential of the system of international justice, and about the priorities to improve the system. Thanks to their experience and knowledge, the delegation will contribute to enhancing Canada’s role as a global leader in the fight against impunity.

Follow CPIJ’s Twitter and Facebook accounts and watch for the delegates’ posts on CPIJ partners’ platforms (IntLawGrrls, Quid Justitiae, Justice in Conflict, Blogue d’Avocats sans frontières CanadaPKI Global Justice Journal) to learn more about this year’s specific issues and to get news and updates.

 

Who is attending the ASP this year?

Academics

Practitioners

Students

Gabriel Boisvert

Gabriel Boisvert is a Canadian lawyer who practised criminal defense before trial and appeal courts in Quebec between 2014 and 2017. Having a strong interest in international criminal law, he chose to resume his studies at Université Laval to pursue a master’s degree in international and transnational law (LL.M) under Professor Fannie Lafontaine. Gabriel participated to the works of the International Criminal and Humanitarian Law Clinic of Université Laval and joined the Canada Research Chair on International Criminal Justice and Human Rights as co-coordinator. Also involved as a board member of the NGO SHOUT Canada, Gabriel contributes to the organization of the Reflections on Rwanda (RoR) program, which is an educational program in Rwanda to learn about the impact of genocide and the processes of restorative justice and reconciliation. Gabriel’s main research interest is international criminal jurisdictions and their cooperation with states and international organizations.

Moussa Bienvenu Haba

Moussa Bienvenu Haba is a doctoral student at Université Laval. His thesis focuses on the role of hybrid tribunals in the peacebuilding process in transitional countries. Mr. Haba holds a master’s degree in Private Law (Conakry University) and a master’s degree in International Law (Université Laval).

During his studies at Université Laval, Mr. Haba participated in many projects within the International Criminal and Humanitarian Law Clinic and the Canada Research Chair on International Criminal Law and Human Rights. He was a research and teaching assistant in international criminal law and refugee law. He is currently lecturer in international criminal procedure and evidence.

Melisa N. Handl (@HandlMelisa)

Melisa Handl is an Argentine lawyer and a Ph.D. student in the Faculty of Law at the University of Ottawa (Canada). Her research interests include international law, gender, development, qualitative research, and international human rights. Melisa holds a Master of Arts in International Affairs with specialization in “International Institutions and Global Governance” from the Norman Paterson School of International Affairs (Canada). Melisa also holds a Master of Laws from the University of Ottawa with a specialization in Human Rights and Social Justice. She is currently investigating whether conditional cash transfers are contributing to greater gender equality in the context of Argentina, and intends to connect a top-down approach to international human rights with the experiences of actual beneficiary women on the ground. She is part of a Canada-Mexico project which involves training Mexican judges on issues related to international human rights and is in charge of the “Violence Against Women and Gender” workshop. She is working with Professor and CPIJ Co-Researcher Penelope Simons on corporate accountability, gender, and the extractive industry and specifically, writing about gendering the United Nations Guiding Principles on Business and Human Rights from a socio-legal feminist methodology.

Sarah Nimigan

Sarah Nimigan is a Ph.D. candidate in the Department of Political Science at the University of Western Ontario with specialization in Transitional Justice and Post-Conflict Reconstruction. Her dissertation addresses the problems facing the International Criminal Court through the African experience. More specifically, her research traces the active role taken by various African delegations in negotiating the Rome Statute from 1993-1998 to better explain and situate the criticisms levied against the ICC today. She holds an LL.M. in International Human Rights Law from the University of Exeter (United Kingdom) and a Master of Arts in Political Science with specialization in Migration and Ethnic Relations. Both her LL.M. and M.A. degrees focused on sexual and gender-based crimes within the contexts of international criminal law and transitional justice.

Marie Prigent (@MariePrigent)

Marie Prigent holds a master’s degree of International and Comparative Law from Toulouse 1 Capitole University in France. She studied international law abroad, at the Complutense University of Madrid and Université Laval in Quebec. She then joined Université Laval’s International Criminal and Humanitarian Law Clinic in January 2018 and continues her work as a research intern. Her researches focused on transitional justice, amnesty laws, victims’ participation and rights of human rights defenders. Her fields of interest include criminal, humanitarian and human rights law. She will prepare Quebec bar exam from January 2019.

 

Marilynn Rubayika (@Rubayikam)

Marilynn Rubayika earned a Juris Doctor and a Licence in Civil Law from the University of Ottawa in 2017. She is the 2018-2019 Public Interest Articling Fellow at the Canadian Centre for International Justice. Her main interests are the victims’ participation regime at the International Criminal Court and questions related to sexual and gender-based violence. She has, in her most recent experiences, worked directly with victims of international crimes.

Previously, Marilynn completed legal internships at the International Humanitarian Law department of the Canadian Red Cross and at the Crimes Against Humanity and War Crimes Section of the Canadian Department of Justice. She also volunteered for the Philippe Kirsch Institute and completed a volunteer legal advisor mandate with Lawyers Without Borders Canada in Ivory Coast.

Marie-Laure Tapp (@MarieLaure_Tapp)

Marie-Laure Tapp is a lawyer and LL.M. Candidate (International and Transnational Law) at Université Laval. She holds a B.A. in Political Science and International Development from McGill University and degrees in Civil Law and Common Law, also from McGill University. She completed her articles at the International Committee of the Red Cross (ICRC) in Geneva and subsequently worked as a volunteer legal advisor in Mali with Lawyers Without Borders Canada and in Nepal with the International Institute for Democracy and Electoral Assistance. She was involved with Université Laval’s International Criminal and Humanitarian Law Clinic and works as a translator and team supervisor for the translation of the Updated Commentary on the Second Geneva Convention, a partnership between Université Laval and the ICRC Delegation in Paris. Her main areas of interest (which are numerous) are the respect and dissemination of international humanitarian law and, on the international criminal law front, the principle of complementarity and universal jurisdiction. She is also very much interested in human rights investigation and advocacy. She has also been involved in several human rights education and access to justice initiatives over the past 10 years.

Ariel Wheway

Ariel is a 4th  year student in the joint Juris Doctor and Masters of Arts in International Affairs program at the University of Ottawa Faculty of Law and the Norman Patterson School of International Affairs at Carleton University. Her studies have focused on international human rights law and international criminal law. She is currently a member of the ICC moot team at the University of Ottawa and is conducting research for the UN Special Rapporteur on the Right to Adequate Housing.

 

Coordination

Érick Sullivan (@2_ErickSullivan)

Érick Sullivan is a lawyer, the Deputy Director of the International Criminal and Humanitarian Law Clinic(Clinic), Coordinator of the Canadian Partnership for International Justice, co-editor of the blog Quid Justitiaeand member of the Canadian Council on International Law’s Board of Directors. Holder of a Bachelor of Law (2009), he was recruited in 2010 by the Clinic as an assistant and was later appointed Deputy Director in 2012. As such, he was involved in more than 50 projects in many areas of law and carried out by international organizations, non-governmental organizations (NGOs), States and lawyers. He notably co-directed a mapping of human rights violations completed by Avocats sans frontières Canadain support of the Malian Truth and Reconciliation Commission. Since 2010, he has supervised the researches of more than 300 students and has reviewed hundreds of papers. He also contributed in different ways to numerous scientific events, such as the workshop on collaboration between national prosecuting authorities and NGOsin the prosecution of international crimes, which he co-organized in March 2018 in Ottawa.

Catherine Savard (@c_savard1)

Catherine Savard is Assistant Coordinator of the Canadian Partnership for International Justiceand member of the Canada Research Chair on International Criminal Justice and Human Rights. She currently pursues a master’s degree in international law at Université Laval under the supervision of Prof. Fannie Lafontaine. Her research interests are international criminal, humanitarian and human rights law. She recently represented her university at the Jean-Pictet international humanitarian law competitionand will represent it again in 2019 the context of the Charles-Rousseau public international law competition. She has also been very involved with the Université Laval’s International Criminal and Humanitarian Law Clinic, for which she has completed nearly 10 research mandates. Her research focus on modes of liability in international criminal law, sexual and gender-based violence and cultural genocide of indigenous peoples in Canada.

Results of the Canada-Wide Blog Contest: the Future of International Criminal Justice

By Communiqués de presse, News, Press Releases, Student News

5 November 2018 – The Canadian Partnership for International Justice, the Canada Research Chair on International Criminal Justice and Human Rights, and the International Criminal and Humanitarian Law Clinic are happy to proclaim the winners of the Canada-Wide Blog Contest on the future of international criminal justice.

The selection was made by a bilingual committee of distinguished professors and professionals in international criminal law. The evaluation was based on the following criteria: respect of the theme, originality of the subject and of the way it is addressed, rigor of the research, quality of the writing and style, form and language.

Many contributions were received during the contest. Written in English or in French, by one person or by a team, these contributions were of high quality and evidence the Canadian students’ capacity to vulgarize and communicate ideas on international criminal justice.

The winner blogposts’ authors will receive their prize and see their post published on the Quid Justitiae blog in the coming days. The authors of the other blogposts may decide to submit it to the Quid Justitiae blog and get it published after the applicable editing process.

Watch the Quid Justitiae website as well as the Facebook and Twitter accounts of the Partnership, Chair and Clinic to read the blogposts.

We warmly thank all participants to the contest!

Winners of the Contest

1st position (total prize of 500 $)

Pierre-Gabriel Stefanaggi

La C.D.I. fête ses 70 ans : Importance et actualité de la codification du droit pour la justice pénale africaine

2nd position (total prize of 250 $)

Rosine Faucher

Transcending Verticality: Stark need & small hope

3nd position (total prize of 100 $)

Manon Creusot et Catherine Savard

Repenser la justice internationale pénale dans le contexte des 20 ans du Statut de Rome : des solutions nécessaires pour combler le vide juridique entourant le sort des acquittés

 

CPIJ organizes a panel on the Rohingya at the 47th CCIL Conference

By News, Press Releases

31 October 2018 – The Canadian Partnership for International Justice (CPIJ) hosts a panel at the 47th Annual Conference of the Canadian Council of International Law (CCIL). Titled “The Role of International Criminal Law and the ICC in Responding to the Alleged Crimes Perpetrated against the Rohingya”, this panel organized and financed by CPIJ will allow to discuss the different options available within the field of international criminal law to fight against impunity for crimes allegedly perpetrated against the Rohingya in Myanmar and Bangladesh.

The panel will be moderated by CPIJ Co-Director Fannie Lafontaine and will bring together Co-Researchers Payam Akhavam, professor at McGill University’s Faculty of Law, and Valerie Oosterveld, associate Dean and professor at the University of Western Ontario’s Faculty of Law, as well as Kyle Matthews, Executive Director of the Montreal Institute for Genocide and Human Rights Studies (MIGS) at Concordia University. Prof. Akhavan will discuss the ICC Jurisdiction and the Rohingya Atrocities; Prof. Oosterveld the accountability for sexual and gender-based violence against the Rohingya; and Mr. Matthews will address the use of social media to dehumanize the Rohingya. The conference will take place at 4:00 pm on Thursday, November 1st.

Few other members of CPIJ will also present at the 47th CCIL Conference. Rob Currie and Joanna Harrington will be part of the panel “Extradition after Diab” at 9:05 am on Friday, November 2nd. They will analyze Canada’s place in the international landscape of extradition, as well as the nature and scope of the legal obligations involved and the need of reform notably in the light of the Diab case. Further, prof. Harrington will moderate the panel “Highlights of 2018 from the Canadian Yearbook of International Law”, which will take place at 8:00 am the same day.

The full program of the 47thCCIL Conference can be accessed online here.

CPIJ Co-Researcher Penelope Simons Receives the 2018 Walter S. Tarnopolsky Award

By News, Press Releases

CPIJ Co-Researcher Penelope Simons

26 October 2018 – CPIJ Co-Researcher Penelope Simons is the recipient of the 2018 Walter S. Tarnopolsky Award. The International Commission of Jurists, who awards this prize, thereby highlighted her “background and commitment as an individual who has made a significant contribution to human rights.”

The Tarnopolsky Award is named after the judge and renowned scholar Walter S. Tarnopolsky, who was a pioneer in the development of human rights and civil liberties in Canada. It is awarded annually to a Canadian resident who made an outstanding contribution to human rights at a national or international level.

Renowned expert in the field of corporate responsibility, Professor Simons fights tirelessly against corporate complicity in human rights violations. She does not hesitate to question the statu quoand pursue accountability for corporations and reparation for victims at the national and international level. Her innovative publications and constant promotion of access to justice for vulnerable persons make her a strong advocate in the field of international human rights law.

The award will be presented to Professor Simons at the conference “70 Years On… Is Humanity Ready for a World Court of Human Rights?” hosted at the Human Rights Research and Education Centre (HRREC) on October 31st. It is possible to register online for the event by sending an email to HRREC@uOttawa.ca.

CPIJ Co-Researcher Julia Grignon receives prestigious Paul Reuters Prize on International Humanitarian Law

By News, Press Releases

18 October 2018 – CPIJ Co-Researcher Julia Grignon received yesterday the prestigious Paul Reuters Prize on International Humanitarian Law (IHL). This award was granted to crown her doctoral thesis named “L’applicabilité temporelle du droit international humanitaire”, defended in 2012 and published in 2014.

CPIJ Co-Researcher Julia Grignon

The Paul Reuters Prize was created in 1983 through to a donation made by Paul Reuters, honorary professor at University of Paris, to the International Committee of the Red Cross (ICRC). It is usually awarded every three years to recognize an outstanding work in the field of IHL.

Doctor of Laws from Geneva University, Prof. Grignon teaches at Laval University since 2013. She is the co-director of the International Criminal and Humanitarian Law Clinicas well as a member and co-founder of the Interdisciplinary Research Center on Africa and the Middle-East. Further, she is member of the Jean-Pictet Competition Committee since 2008 and is editor and author of the book “Hommage à Jean Pictet par le Concours de droit international humanitaire Jean-Pictet”, published in 2016.

The Paul Reuters Award Ceremony will take place on October 24that the ICRC Humanitarium, in Geneva. The event will be followed by a conference named “Role of academia in promoting and developping IHL” and a reception. It is possible to attend the event by registering online here.