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Rights matter, but conversations about rights can be polarizing, confusing and frustrating. Lawyers and law professors Claudia Flores and Tom Ginsburg have trav...
Inside the UN: Unpacking the Role of Human Rights Experts
United Nations special experts have a crucial role in upholding international human rights law. These independent specialists hold mandates to report and advise on different areas within human rights as special rapporteurs, independent experts, or members of working groups. But how exactly do these appointments work, and what are the responsibilities, capabilities, and on-the-ground impacts of these experts? In this episode, we hear from our very own co-host, Professor Claudia Flores, member of the UN Working Group on Discrimination against Women and Girls and Professor Fionnuala ni Aolain, former UN special rapporteur on counter-terrorism. Professors Flores and ni Aolain describe their work as UN mandate holders and how they address the most pressing issues in their areas of expertise.
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39:43
The Future of Justice: What’s Next for Israel/Gaza in International Law?
Since our last episode on the ongoing conflict between Israel and Gaza, we wanted to do an update on where international law currently stands in the conflict. This year, the conflict has triggered several legal cases at international courts, including at the International Court of Justice, which has accused Israel of war crimes, crimes against humanity and genocide.In this episode, we speak with Aslı Ü. Bâli, a Professor of Law at Yale University who teaches international law and human rights in the Middle East, and Francesca Albanese, the United Nations Special Rapporteur on The Occupied Palestinian Territories.
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49:43
Is There A Place For Natural Law In Today's World?
We've all heard about different kinds of laws...but there is a higher order law that often gets overlooked—it's called Natural Law. The idea behind Natural Law is that all humans are born with an innate understanding of what's right and what's wrong, and that laws should be based on morality. In today's world, where there is no shortage of international wars, authoritarian leaders, human rights violations, and more, where and how can Natural Law be applied? On this episode, we speak with Mary Ellen O'Connell, Professor of Law at Notre Dame and an expert on international law. O'Connell has been studying Natural Law over her career, and gives a justification for how it could be applied in scenarios from the Russia vs. Ukraine war, international human rights, and more.
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43:14
Can Law Govern War? Gaza, Israel and Beyond
When it comes to discussion about the conflict in Gaza, there is an endless parade of commentators on both sides telling us what is right or wrong, legitimate or illegal, a crime or a justified attack, but in all that debate and discussion the actual international laws of war often get pushed to the sidelines. We’re planning to do a series of episodes on this conflict in the coming weeks, but we wanted to start by getting a baseline understand on the laws of war with an international expert.Oona Hathaway is a professor of international law and a member of the Advisory Committee on International Law at the United States Department of State since 2005. For decades, she’s been exploring the complicated legal questions that are coming to the forefront since October 7th which makes her the perfect guest for this episode.
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48:02
Is Gender Apartheid A Thing?
The word apartheid gets used in many different contexts to indicate the severity of crimes across the globe. But its use is controversial because the word has a very specific definition in international law. Even more controversial is the concept of expanding the term to include gender.If there is one place on earth where it could be argued that a gender apartheid designation is needed its Afghanistan. Since the US withdrawal from the country, the Taliban have instituted a brutal repression of women. But is it gender apartheid?What would it mean for us to create this designation and assign it to Afghanistan? Does cultural relativism throw a legitimate wrench into this argument or does that take the concept too far?We discuss all these questions on this episode with Mohammad “Musa” Mahmodi, a Research Fellow in Law at the Schell Center for International Human Rights at Yale, Zahra Motamedi, an Associate Research Fellow at Yale, and Karima Bennoune, the Lewis M. Simes Professor of Law at the University of Michigan and author of “Your Fatwa Does Not Apply Here”.
Rights matter, but conversations about rights can be polarizing, confusing and frustrating. Lawyers and law professors Claudia Flores and Tom Ginsburg have traveled the world getting into the weeds of global human rights debates. On Entitled, they use that expertise to explore the stories and thorny questions around why rights matter and what’s the matter with rights. Entitled is produced with the support of University of Chicago Law School and Yale Law School, and is part of the award winning University of Chicago Podcast Network.