IHRP Internship Summary

David Wei – Human Rights Watch,New York Office

November 20, 2003

I completed my IHRP internship with the International Justice Program and the Asia Division at Human Rights Watch (“HRW”). Initially, I was supposed to spend July with the International Justice Program and August with the Asia Division, but ended up spending the vast majority of my time with International Justice.

My work included tracking the latest news on various topics, legal analysis, and drafting press releases. For example, when rumours floated in that an international tribunal would be established for the Democratic Republic of Congo, or that Charles Taylor had finally fled Liberia, or that Saddam Hussein had been captured, I attempted to confirm or deny these rumours. I drafted a series of press releases on Charles Taylor: one demanding that he face justice before the Special Court for Sierra Leone, one covering his departure from Monrovia and arrival in Calabar, Nigeria and one demanding that Nigeria President Obasanjo extradite Taylor to stand before the Special Court. These press releases were edited extensively before being passed to other HRW divisions. They revealed the degree of collaboration at HRW.

In addition, I was asked to complete interesting legal work. My first project was to go through the Iraqi Code of Criminal Procedure and Penal Code to determine what fair trial standards are afforded by domestic Iraqi law. This analysis bolstered HRW’s position that an Iraqi war crimes tribunal should make use of existing international criminal law and international jurists. HRW takes the position that Iraq should establish a mixed war crimes tribunal in which international expertise supplements domestic law. My research was rolled into a series of talking points used when HRW directors and staff met with members of the Iraqi Governing Council in Iraq. My research also led to an outline for a policy paper on the deficiencies of the Iraqi domestic legal system.

Two other questions which I was asked to analyze included whether Nigeria could legally give Charles Taylor amnesty under international law, and in what ways Security Council Resolution 1497 on the deployment of peacekeepers to Liberia exceeds the Council’s mandate. Resolution 1497 provides for the exclusive jurisdiction of a contributing state over all personnel from that state. I also completed one project for the Asia Division – an analysis of the fair trial standards provided by the Chinese Constitution and various Chinese laws. This project dovetailed with my analysis of fair trial standards under Iraqi law.

After 8 weeks at Cassels Brock, I was particularly stunned by the intensity of the HRW staff. I would say that the counsel in the International Justice Program were just as intense, if not more, than the lawyers I met on Bay Street. I was also impressed with their extensive preparation and information-gathering abilities. I recall that HRW was aware of changes to the wording of Resolution 1497 prior to its adoption, and was ready with a press release as soon as it was adopted.

Most importantly, my internship at HRW has been the beginning of a much more extensive involvement in human rights advocacy. One of my cases at the newly established University of Toronto International Human Rights Clinic involved submitting an amicus brief to the Special Court for Sierra Leone on the recruitment of child soldiers. My interest in Sierra Leone derived in part from my IHRP internship. I was also struck by serendipity, as HRW is in the process of establishing Human Rights Watch Toronto. I asked if I could help out, and am now the coordinator for the soon to be established Toronto office. In this way, my IHRP internship has led to additional opportunities and may eventually spark a career in human rights law.