This post by Bonnie Docherty originally appeared on the blog for the International Human Rights Clinic at Harvard Law School.
The International Human Rights Clinic’s newest publication—on the legal foundations for “making amends”—has its origins in a friendship formed 10 years ago on the dusty streets of Kabul. In early 2002, just out of Harvard Law School, I traveled to Afghanistan for Human Rights Watch to investigate civilian casualties from the U.S. air campaign. There I met Marla Ruzicka, an idealistic young activist who seemed to know every civilian victim in the capital city. She served as our guide, taking us to mud house after mud house to interview the families of survivors, each of whom she treated with compassion and respect. Marla would go on to found the Campaign for Innocent Victims in Conflict (CIVIC), a nongovernmental organization dedicated to advocating for civilian victims of war. In my capacity as a researcher in Human Rights Watch’s Arms Division, I continued to work with Marla at home and in Iraq, until she was killed by a suicide bomber in Baghdad in 2005. In the year that followed, I joined the Clinic at Harvard, and Sarah Holewinski took the helm at CIVIC (now Center for Civilians in Conflict), upholding and expanding its mission admirably. We initiated a partnership shortly thereafter.
While I had previously investigated why civilians are killed during war, this work allowed me to deal with what can be done to help victims afterward. CIVIC pioneered the concept of “making amends,” which calls on warring parties to recognize and provide assistance to civilian victims for harm caused by their lawful conduct. In the Clinic’s first project with the organization, a team of students contributed to designing and drafting the organization’s “Making Amends Guiding Principles.” Since then, the Clinic-Center collaboration has generated a series of projects and helped inspire several of our students to pursue careers in the field of international humanitarian law. To date, 10 clinical students have done work produced with CIVIC or related to its mandate. The publication released today—“Legal Foundations for ‘Making Amends’ to Civilians Harmed by Armed Conflict”—builds on CIVIC’s idea and exemplifies the Clinic’s legal advocacy. Because making amends fills a gap in international law, there is no direct precedent for it; in this paper, however, we argue that individual elements of the concept are grounded in established practice and precepts. Clinical students Andrew Childers, J.D. ’11, and Anna Lamut, J.D. ’10, researched and co-wrote the paper.
In addition to legal advocacy, the Clinic has done fieldwork in association with CIVIC. In 2010, I led a team of three students on a fact-finding mission to Nepal to investigate the needs of civilian victims of the country’s decade-long armed conflict and how those needs are—or are not—being addressed. We interviewed dozens of individuals who had experienced or witnessed horrific events. A man described how Maoist rebels broke his legs over a log and beat him to the point his mother thought he was dead. A woman told us in tears how government forces inexplicably executed her husband, a state-employed postman, and left him on the side of the road. This trip made us better appreciate Marla’s close, on-the-ground engagement with victims of war. This semester, as CIVIC expands its mandate to encompass more areas of civilian protection, we are drawing on the Clinic’s specialization in international humanitarian law to support it. We have launched a project in conjunction with CIVIC and the Center for American Progress related to the dangers of abandoned weapons caches in Libya. Beyond these joint endeavors, CIVIC has served as a professional stepping stone for former clinical students. Funded by Harvard fellowships, Erica Gaston, J.D. ’07, spent a post-graduate year working for the organization in Afghanistan, and Chris Rogers, J.D. ’09, did the same in Pakistan. Both have continued their work in that region at the Open Society Foundations. Other clinical students have pursued short-term contracts with CIVIC. Our projects on making amends have been challenging for and beneficial to both CIVIC and clinical students. For me, they have inspired personal reflection. I often think of the days with Marla in Afghanistan and Iraq. I remember the warmth she showed the people of Kabul and the zest for life she exhibited when salsa dancing in war-torn Baghdad. Most important, I reflect on how one woman’s vision aided countless civilians, spawned a highly effective and growing organization, and produced a partnership that motivated the next generation of humanitarian activists.