BROOKLYN LAW SCHOOL INTERNATIONAL LAW SOCIETY PRESENTS
DECEMBER 2010
Election in Burma: Reprieve or Rerun?
by Eben Saling ’12
Staff Writer
Events in Burma have featured regu-
larly in the news over the last few months.
Along with landmark elections, the release
of Nobel laureate Aung San Suu Kyi from
house arrest has guaranteed heavy cover-
age. To the casual observer it may appear
that the notoriously guarded and oppres-
sive military junta that controls the coun-
try has suddenly changed their course. To
anyone familiar with the country’s history,
skepticism is the more likely response.
The elections of Nov. 7 were Burma’s
first in 20 years. The junta, in power since
a 1962 coup, has presented the elections
as a bold step toward democracy. Many
Aung San Suu Kyi, left, with Norwegian ambassador to Thailand, Katja Nordgaard, on Nov.
17, 2010, after being invited by the ambassador to visit Norway. Suu Kyi was recently released
from house arrest by Burmese authorities.
I SSUE NO. 17
opposition members, international organ-
izations, and foreign governments, how-
ever, argue that both the structure and re-
sults of the election were rigged to protect
military power. In the inaugural parlia-
ment, the military-aligned Union Solidar-
ity and Development Party (USDP) con-
trols more than 75 percent of the seats.
Suu Kyi, the leader of the opposition
National League for Democracy (NLD)
party, has been subject to two decades of
near-continuous confinement. Her most
recent release from house arrest, on Nov.
13, occurred just before the official results
of the vote were known. Widespread and
positive public reaction to her freedom has
proven that she continues to hold consid-
erable power and moral authority inside
ARNE JAN FLØLO / UTENRIKSDEPARTEMENTET
Burma, despite the fact that she was barred
from standing in the elections. Her role in
the political arena, and the military’s reac-
tion to it, are being watched carefully as
an indicator of the potential for reform.
These recent developments have
provided many with hope that Burma is
finally moving away from its long history
as a pariah state with one of the worst hu-
man rights records in the world. However,
the ultimate effect of the elections, and
particularly whether they will create any
latitude for significant reform, remains
to be seen. Suu Kyi has been granted
freedom before, only to be placed back
into detention as soon as she becomes a
political liability to the ruling generals. If
the past actions of the junta are any indica-
tion, the election and amnesty may prove
nothing more than a public relations ploy
meant to distract from the continuing
human rights crises within the country.
Background
The reality remains that Burma is
one of the least developed and most cor-
rupt countries in the world. The ruling
military has systematically committed
a long list of human rights abuses in its
struggle to maintain power including
arbitrary arrest and detention, extra-
judicial killings, forced labor, recruit-
ment of child soldiers, and torture.
Despite the brutal tactics used by
the regime to stifle opposition and con-
solidate control, Burma remains an in-
efficiently governed, fragmented state.
BURMA
Continued on page 4
2 INTERNATIONAL LAW SOCIETY · THE BRIDGE
The Failure of International Law in Latin America
by Catherine Frizell ’12
Staff Writer
I was in San José, Costa
Rica for about three minutes
before I was completely lost.
A bemused local later told me
that the city government had
paid to have the signs ripped
down a few years back, in an-
ticipation of new ones. The
signage budget item failed to
gain funding, so alas, San José
has no street signs—and with
dim street lamps, the city is a
labyrinth for tourists at mid-
night. With their travel lust
rapidly fading and their panic
setting in, my three compan-
Julie Geng ’13
Editor-in-Chief, The Bridge
Nicolette Lotrionte ’13 and
Elizabeth McKenzie ’13
Assistant Editors, The Bridge
Anna Ansari ’11 and
Lauren Maccarone ’11
Co-Presidents, ILS
Contact The Bridge:
ILS.thebridge@gmail.com
The Bridge is a monthly publi-
cation of the International Law
Society. We welcome and ap-
preciate contributions from all
members of the Brooklyn Law
School community on issues of
international law.
Special thanks to
Rudy Campos for the logo.
ions blurted out halfhearted
directions as I drove up the
calles and down the avenidas
surrounding the Centro Mer-
cado. I slowed down when a
pool of red light broke the
monotony of gray nighttime
tones. From afar, it looked
as though five or six women
were perched outside of a
party, perhaps smoking ciga-
rettes. As the car drew nearer,
two of them disappeared into
a nearby house, while the
four others remained. The
women weren’t women; they
were girls—probably about 13
or 14 years old, dressed in
short skirts, high heels, paint-
ed with dark lipstick. There
was no party—I looked to my
friends for verification, to
confirm that what I was see-
ing was real. Their eyes were
as wide as mine were—these
little girls were prostitutes.
The international legal
community responded to the
problem of child trafficking
and prostitution with the
near-universal endorsement
and ratification of the Con-
vention on the Rights of the
Child in 1990. With 191 par-
ticipatory nations, the CRC
is the most widely ratified hu-
man rights treaty in history.
It is designed to set out the
“rights that must be realized
for children to develop their
full potential.” At the time
of its signing, it was praised
as the most thorough and all-
inclusive of all human rights
treaties. Indeed, the CRC set
out to protect children from
abduction, sale and traffick-
ing, from any other form of
exploitation, and from cruel
and inhumane treatment. In
DEC. 2010
fact, Article 19 specifically prostitution and trafficking
protects against offenses of remain a serious problem in
child prostitution, while Ar- Latin America. There, an esti-
ticle 34 explicitly protects mated 500,000 children work
children from sexual abuse as sex workers, while there
and sexual exploitation. are an estimated 3 million
The international law children working as sex work-
response did not stop with ers worldwide. In Costa Rica,
the CRC. Since the CRC sex tourism has flourished.
does not enable the United The Costa Rican government
Nations to arrest child sex estimates that 5 percent of
trafficking offenders, the UN the one million Westerners
endorsed the 2000 UN Pro- traveling to Costa Rica annu-
tocol to Prevent, Suppress ally are pedophile sex tourists
and Punish who have tar-
Traf ficking geted Costa
in Persons, Approximately Rican girls
a supple- 5,000 children in and boys for
ment to the San José, Costa sexual abuse.
UN Conven- Rica live and work In recent
tion Against as prostitutes. years, there
Transna- has been an
tional Or- uptick in
ganized Crime. In 2002, Costa Rican sex tourism af-
the UN Committee on the ter recent sex tourism crack-
Rights of the Child issued downs in Asia. The little girls
an optional protocol in the I saw working as sex workers
CRC which signatory na- in San José are not alone.
tions had the option of rati- Approximately 5,000 chil-
fying—The Optional Protocol dren in San José, Costa Rica
on the sale of children, child live and work as prostitutes.
prostitution and child por- Economic and political
nography. Additionally, the upheaval in Latin America
UN adopted the 2004 ver- have created an environ-
sion of the Protocol to Pre- ment where child exploita-
vent, Suppress, and Punish tion thrives. The prostitution
Trafficking in Persons, espe- rings are typically organized
cially women and children, involving the complicity of
which sought to standardize nightclubs, motels, hotels,
the international approach taxicab drivers—and parents
to the establishment of do- who view their children as a
mestic criminal offenses and means of making an income.
prosecuting trafficking in Often parents sell their chil-
persons cases. Notably, the dren, rationalizing that the
protocol is the first global children may go on to work
legally binding instrument as a domestic laborer for a
with an agreed-upon defini-
tion for human trafficking.
Despite collaborative COSTA RICA
international efforts, child Continued on page 8
DEC. 2010 INTERNATIONAL LAW SOCIETY · THE BRIDGE 3

Refugee Protection and the One-Year Asylum Deadline

by Laura A. Gretz ’12 candidates but performs initial intake allows it to ultimately help more people
Staff Writer interviews to assess the strength of asy- as well as engage in more policy advocacy.
lum claims through reporting on the One of the policy issues most signifi-
Over the course of this semester, I candidate’s personal cant to HRF at present
have been interning with Human Rights history, fear of return is the one-year deadline
first in their Refugee Protection Program to their home country, Unlike BLS’ Safe associated with asylum
as their sole legal intern. What drew me to and the corresponding Harbor Clinic, HRF application, which re-
HRF was the opportunity to learn more country’s conditions. I does not directly quires asylum seekers to
about immigration law while simultane- have written several of represent asylum file within one year of
ously using my knowledge of Spanish to these intake reports, and candidates... arriving in the U.S. I at-
interview potential asylum candidates. I once they are compiled, tended an HRF briefing
was interested in interacting more with HRF’s senior counsel on a report written by
clients after having no client contact while decides whether the information warrants several of its staff attorneys analyzing and
working this summer in the prosecution assigning the candidate’s claim to one of discussing many of the pitfalls associated
office at the UN International Crimi- the firms on HRF’s referral list that pro- with this aspect of the asylum law, which
nal Tribunal for Rwanda in Tanzania. vides pro bono assistance to asylum seek-
Unlike BLS’ Safe Harbor Clinic, ers. HRF reasons that abstaining from ASYLUM
HRF does not directly represent asylum direct representation of asylum seekers Continued on page 6

We sat down with Steve Gor-

don, Brooklyn Law School’s
Associate Director of Career
Services, to discuss how law stu-
dents can find meaningful work
abroad in international law.
The key to landing your dream
job is to start early—some dead-
lines may be as early as mid-fall—
and keep an open mind, he said.
• Start your search by stop-
ping by the Career Services
Office. Be sure to pick up
“The Resource Guide to
International Law” and “Se-
lected Opportunities in In-
ternational Law” handouts
before you leave!
• Make sure you search for
a position with a focus on in-
ternational law—just because
the job is abroad doesn’t
mean it will involve interna-
tional law.
• Highlight any interna-
tional experience on your
resume, including study
abroad, teaching English
overseas, Peace Corps or
military experience.
• If your resume is lacking,
try to parlay your local ex-
perience into international
work. For example, if you’re
working at a financial insti-
tution, try to get involved in
international transactions.
Always look for the interna-
tional angle.
• Most internships are un-
paid, so take time to research
the different ways you can
help fund your international
law internship, such as the
BLS International Human
Rights Fellowship.
• Have an open mind!
International law is a broad
field, and there are many
routes you can take within
the profession.
• Most importantly, start
early! Securing a visa and
completing paperwork can
be a lengthy process.
Can’t go abroad, but still
want to snag an international
law internship? Gordon says
there are still plenty of great
international law opportunities
in the U.S., especially with the
federal government in Washing-
ton D.C.. For a comprehensive
list of government opportunities,
check out:
• The University of Ari-
zona Government Summer
and Honors Handbook
(www.law.arizona.edu/career/
honorshandbook.cfm) and The
University of Arizona Public
Policy programs Handbook
(www.law.arizona.edu/career/
PublicPolicy10-11/LoginForm.
cfm). Your career advisor can
provide you with the pass-
word.
• The U.S. Depart-
ment of Justice Volun-
teer Internship Program
( w w w. j u st i c e . g o v / o a r m /
arm/int/internsum11.htm)
Other online resources:
• Use Martindale-
Hubbell (www.martin-
dale.com) to research law
firms with offices abroad.
— Written by assistant edi-
tors Nicolette Lotrionte ’13
and Elizabeth McKenzie ’13
4 INTERNATIONAL LAW SOCIETY · THE BRIDGE DEC. 2010

Pro-Democracy Leader’s Release: More of the Same?

BURMA tegrity of the referendum were widely criti- China, Thailand, India, and a number
Continued from page 1 cized, as was the new constitution. As part of other states. The lessening of interna-
of the so-called “roadmap to democracy,” tional pressure and economic sanctions
Although rich in natural resources and it established a new election process and could mean a huge influx of investment,
arable farmland, it is one of the poorest “democratic” parliamentary structure that benefiting the generals and their allies.
nations in Asia due in large part to the guarantees the military continued power. The junta has tried its best to assert
mismanagement and corruption of the While the junta has made demo- the fairness of the recent elections. State-
ruling regime. International aid organiza- cratic overtures in the past, it has always run media such as the New Light of My-
tions are allowed only limited access to the returned to its practices of political op- anmar and TV Myanmar International
country, exacerbating the existing food pression and totalitarian rule. Elections provided a range of stories on the elec-
shortages and public health crises. Burma held in 1990 resulted in a landslide vic- tions, from the mundane, “Maj-Gen Tin
has more annual deaths from malaria tory for the opposition National League Ngwe of Ministry of Defence and wife
than any other Southeast Asian country for Democracy (NLD) party and were cast votes,” to the misleading “Diplomats,
and has suffered HIV and tuberculosis promptly nullified. Many of the Bur- journalists observe casting votes in Haka
epidemics worsened by a lack of health mese citizens who worked with the NLD and Falam.” In reality, the junta refused
services for much of the population. during that period now number among entry to international election observers
Conditions are particularly dire in the thousands of Burmese political pris- and, while there were a few foreign diplo-
the rural areas of the country, where oners, or have been forced to flee the mats present (notably, a group from North
the majority of the population reside. country in the years since the elections. Korea), they did not provide serve any sig-
Many outlying areas are Suu Kyi is one such nificant role in monitoring the elections.
partially controlled by citizen. The daugh- Reports from independent Bur-
ethnic minority groups Opposition parties ter of Aung San, the mese observers, however, indicated wide-
who are frequently tar- won less than 9 martyred architect of spread voter intimidation. Bribery and
geted by the military. percent of the total Burma’s independence other abuses—such as the military taking
Some of these groups seats. from Britain, she led the advantage of advance voting by forcing
manage a degree of au- NLD to its 1990 elec- whole units of soldiers and their families
tonomy and an uneasy tion victory despite be- to vote in blocs—were also alleged. This,
peace with the junta. Others live as inter- ing placed under house arrest in 1989. in addition to the fact that the new con-
nally displaced peoples, on the run from Awarded the Nobel Peace Prize in 1991 stitution guarantees 25 percent of parlia-
military raids and the threat of forced la- for her “non-violent struggle for democ- mentary seats to military representatives,
bor. Hundreds of thousands of refugees racy and human rights,” Suu Kyi’s deten- limits the activities of political opposition
have fled into neighboring countries. tion continued until 1995 when she was groups, and dictates that the president of
In May 2008, Cyclone Nargis struck released conditionally, with restrictions the country, who is not elected, must be a
the southwestern region of the country, placed on internal and external travel. current or former member of the military.
killing as many as 200,000 people and de- She was arrested again in 2000 for For these reasons, many civil soci-
stroying homes and vital crops. Always fear- two years and, following a failed assassina- ety groups and political organizations,
ful of outside influence, the government tion attempt in 2003 by government-paid including Suu Kyi’s, boycotted the elec-
blocked most international aid groups thugs, was placed back into detention un- tions as part of a larger strategy of ac-
from operating inside the country. The til her most recent release. Suu Kyi con- tively opposing the regime’s roadmap.
military’s own response to the disaster was tinues to inspire the Burmese democracy This boycott strategy was roundly
so ineffective and plagued with graft that movement despite her harrowing record supported by the exiled pro-democracy
some international organizations called on of detention. Her ordeal serves as a prime movement according to Jenny Hedstrom,
the International Criminal Court to inves- example of the military’s duplicitous at- a Swedish consultant currently on the
tigate for possible crimes against humanity. tempts to lessen international pressure Thai-Burma border who stated, “The ex-
Although the government was appar- while continuing its totalitarian practices. ile groups don’t trust the military at all,
ently unable to provide basic services to cit- Recent Events and strongly believe the election was solely
izens who were living without food or shel- Many believe that the latest election a charade to make the Burmese junta
ter, it was eager to continue with a planned and amnesty is yet another episode in this
constitutional referendum held just days pattern of feigned reform. In recent years, BURMA
after the disaster. Both the timing and in- Burma has increased its economic ties with Continued on page 6
DEC. 2010 INTERNATIONAL LAW SOCIETY · THE BRIDGE 5
Interview with Kyaw Thein Kha, Irrawaddy Reporter in Burma
by Brigitte Hamadey ’12 ing these recent developments: leader Senior General Than been announced by the court.
Staff Writer Shwe released Suu Kyi because
1) What are the Burmese com- of the following possible points: 5) In the past, Ms. Suu Kyi
On Nov. 13, Ms. Aung San munity’s sentiments in response to (1) Than Shwe might has been released and then
Suu Kyi, Burma’s pro-democracy Ms. Aung San Suu Kyi’s release? think that Suu Kyi will not be detained again. Do you be-
leader, was released after seven Burmese people who able to intervene in the election lieve that her freedom will last?
years of isolation in her lakeside have been in hunger of hu- that was held on 7th Novem- That’s the point we (all of
home. The military government man rights and democracy ber 2010 prior to Suu Kyi’s re- Suu Kyi’s supporters) are really
has kept her confined under house for decades see that Aung San lease on 13th November 2010. concerned about at this mo-
arrest for 15 of the past 20 years. Suu Kyi’s release is good for (2) On the other side, the ment. It’s unpredictable what
A few days after her recent re- the Burmese military regime UN, U.S., E.U. and ASEAN the military junta will do. The
lease, Suu Kyi filed papers with to start the national recon- had reportedly called on the government-supported thugs
the country’s High Court asking ciliation process by holding tri- military regime to release Suu and other bad street [persons]
to have her party, the National talks between Aung San Suu Kyi from the house arrest. can harm her anytime. We all
League for Democracy, reinstated. Kyi, the army leaders and the (3) The release of Suu have learned about that from
Only time will tell what type of ethnic leaders. But, we won- Kyi will help the military Depayin assassination attempt
impact her new presence will have der if the stubborn military leaders to show their faces on Suu Kyi in May 30, 2003.
in the country, but, in the mean- leaders would want to do that. bravely to the international
time, I had the rare opportunity community in dignity. (But, 6) Other general reactions
to ask Mr. Kyaw Thein Kha, a 2) What factors do you be- we still have over 2,000 po- or thoughts on this issue?
reporter for the Irrawaddy Online lieve led to her release? litical prisoners that need to We believe that only Suu
Magazine, a few questions regard- I believe that the military be released unconditionally.) Kyi is a true leader who can
(4) Although Than Shwe solve the problems of Burma,
knows that the release of Suu such as human rights abuses
Burma or Myanmar: Kyi will change the fear of across the country by the
What’s in a name? the public into courage to military regime and conflicts
One of the first issues one notices when becoming familiar
fight against them (military between ethnic armed groups
with the situation in Burma is the fact that the country’s official group), he decided to release and military groups. So, tri-
name is cited as Myanmar. So why the two names? In fact, both her because of the three con- talks are really needed to lead
names have historically been used in the Burmese language, ditions mentioned above. the national reconciliation.
with “Burma” being the more colloquial version and “Myanmar”
On [Nov. 14], one day after
being more formal. The country was called Burma under British
rule and that official name was incorporated in the 1947 inde- 3) What significance does her re- she [was] released, Suu Kyi said
pendence constitution. The short-lived Burmese democracy ap- lease mean for the future of Burma? that national reconciliation is
parently saw no reason to abandon a name commonly used by Her release leads to na- [the] priority among what she
its citizens. Neither did the military junta, until 1989. tional reconciliation between has to do after [her release].
That year, shortly after a major political uprising and sub-
sequent brutal crackdown, the generals who run the country
Burmese military regime and
changed its official name to “the Union of Myanmar.” This re- ethnic groups, including eth- Kyaw Thein Kha is a Burmese
branding has been resisted by pro-democracy advocates who nic armed groups that didn’t reporter for the Irrawaddy Online
see it as an effort the military to control the narrative of the coun- accept the regime’s Border Magazine (http://www.irrawad-
try. The name Burma therefore continues to be used by oppo-
Guard Force (BGF) plan. dy.org) and is based in Thailand.
nents of the military regime and, in solidarity, by many foreign
governments and media outlets. He has a background in economics
On Oct. 21, as part of their latest image improvement cam- 4) How likely is it that the National and engineering and has served as
paign tied to the recent election, the junta once again changed League for Democracy (NLD) will a Burmese/English translator, in-
the name of the country, along with the flag and national anthem. gain official recognition in Burma? cluding for Al Jazeera. Thein Kha
The new official name is “The Republic of the Union of Myan-
mar.” It appears unlikely, however, that this latest appellation will
On [Nov. 18], NLD’s will be studying Documentary
gain international acceptance; shortly after the election a number lawyers went to the supreme Film Making at the New York
of foreign leaders, including President Obama, made a point of court trial in Nay Pyidaw re- Film Academy beginning in 2011.
referring to the country as Burma when addressing widespread garding to official recogni-
electoral fraud.
tion of party’s existence in Brigitte Hamadey can be reached at
—Written by Eben Saling ’12
the country, but no result has brigitte.hamadey@brooklaw.edu.
6 INTERNATIONAL LAW SOCIETY · THE BRIDGE
Suu Kyi Pushes for Continued Reform Despite Risks
BURMA
Continued from page 4
look legitimate in international eyes.”
That charade seems to have failed.
Many in the international community, in-
cluding President Barack Obama and Brit-
ish Prime Minister David Cameron have
joined pro-democracy and human rights
groups in condemning the elections as a
“sham” designed to mislead the interna-
tional community and add an air of legiti-
macy to the regime. Groups such as Am-
nesty International and Human Rights
Watch (HRW) have been highly critical
of the junta’s roadmap at every turn.
Considering the structure and ad-
ministration of the elections, the final
results announced on Nov. 18 surprised
no one. Pro-regime parties won 946 of the
1,154 seats up for election, not counting
the 25 percent of seats already guaran-
teed to the military. Opposition parties
won less than 9 percent of the total seats.
During the period between the elec-
tion and the announcement of the final
results, the junta released Suu Kyi from
house arrest. Additionally, her youngest
son has finally been allowed to visit her,
Helping Refugees at Human Rights first
ASYLUM
Continued from page 3
has led asylum seekers to increasingly
file for “withholding of removal” in
place of asylum. “Withholding of re-
moval” originated as an alternative
for immigrants with asylum-barring
criminal convictions who still had gen-
uine reasons for fearing deportation.
The disadvantage of “withhold-
ing” is that recipients are permanently
precluded from ever receiving perma-
nent residency or citizenship and can-
not leave the U.S. temporarily or they
will be denied re-entry. This raises
after having been denied a visa to Burma
for 10 years. While pro-democracy groups
are overjoyed at Suu Kyi’s release, they are
also cautious in their optimism, worrying
that she will eventually be taken back into
custody. Caution does not seem to be the
foremost concern of Suu Kyi who, since
her release, has continued to speak out
for non-violent revolution in Burma, say-
ing “I think of revolution as significant
change. I say this because we are in need
of significant change,” while criticizing
the military’s illusory approach to reform.
What Now?
One change that has taken hold re-
cently in Burma is the foundation of nu-
merous civil society groups working for so-
cial reform within the country. Made up
of private citizens and businessmen, and
sometimes associated with the ruling re-
gime, the groups first became visible as self-
help apparatuses after Cyclone Nargis and
are now working on a number of domestic
issues. Representatives of some groups ar-
gue that the recent election, although bi-
ased, signifies growing room for civil action.
Mindful of the reality on the ground,
and with the hope that they will face fewer
restrictions in the post-election environ-
serious equitable concern over the
fact that immigrants with no criminal
convictions who have failed to meet
the one-year deadline—very likely due
to post-traumatic stress or simple sur-
vival reasons—are forced nonetheless
to resort to filing for “withholding.”
HRF is optimistic that immigration
judges and attorneys are voicing their
concern over the disadvantages of the
one-year deadline and that its policy
advocacy on Capitol Hill will help in-
fluence abrogation of the requirement.
Laura A. Gretz can be reached at lau-
ra.gretz@brooklaw.edu.
DEC. 2010
ment, several of these groups are prepared
to continue testing the boundaries of free-
dom inside the country. A senior consult-
ant working with a group based in Ran-
goon posited that “as long as one does not
touch direct politics, one is pretty much free
to do what one wants, in particular in the
fields of education or humanitarian aid.”
The pro-democracy movement is skep-
tical, however, and continues to place their
faith in the international community and
international law. They have most recently
lobbied United Nations member states to
support the UN human rights monitor to
Burma, Tomás Quintana, in his call for a
commission of inquiry to investigate the
widely documented human rights abuses
and war crimes committed by the regime.
HRW has also been a strong supporter of
the commission of inquiry, which could
be seen as a possible road to reconcilia-
tion between the junta, pro-democracy
activists and ethnic minority groups.
These ethnic groups, who maintain
control in many border areas, have be-
gun to organize their forces for the pos-
sibility of renewed confrontation with
the regime. Mindful of the crackdowns
that have occurred after past elections,
they feel it is necessary to be prepared.
There are reports that high-level meetings
have taken place in Thailand during the
last few weeks concerning strategic coop-
eration between several of these groups.
Regardless of the strategic intentions
behind recent events, the fact remains
that there is a long and difficult road to
traverse before Burma can celebrate the re-
sult of a truly democratic election. Suu Kyi
has, since her release, stated a willingness
to work with all actors who are prepared
to enter a real dialogue about the demo-
cratic future of Burma. Short of interna-
tional imposition or active rebellion, we
can only hope that there are actors in the
military regime with the same willingness.
Eben Saling can be reached at eben.saling@
brooklaw.edu.
DEC. 2010 INTERNATIONAL LAW SOCIETY · THE BRIDGE 7

Human Rights Abuses in Afghanistan Rooted in Political, Religious Culture

by Lauren Maccarone ‘11
ILS Co-President
Rarely a day goes by that we don’t
hear about the vast number of hu-
man rights abuses occurring in Af-
ghanistan. Advocates, both on the
ground and here in the United States,
are working tirelessly to gather in-
formation on the seemingly endless
abuses and to report them in the me-
dia. Sadly, this is the only tactic avail-
able under the current circumstances.
Human rights abuses in Afghani-
stan are extremely difficult to overcome
because they are deeply rooted in the
country’s political and religious culture.
Taliban rulers perpetrate much of the vi-
olence. Despite the U.S. and NATO mil-
itary forces’ efforts to remove these lead-
ers, they continue to control many of the
Afghan territories and to obtain high-lev-
el governmental positions. Civilians are
responsible for the remaining abuses. In-
dividuals often torture their own families
and neighbors as punishment for non-
compliance with notoriously rigid Sharia
customs. These customs, like Taliban rul-
ers, seem to be woven into Afghanistan’s
history in a way that cannot be undone.
But what if human rights advo-
cates had the opportunity to lessen
the influence of Sharia extremism
and Taliban rule? The Afghan transi-
tion movement may give them the
chance they have been waiting for.
The current plan is for NATO to or-
chestrate the transition by systematically
replacing its own forces with trained Af-
ghan forces, while the U.S. and Afghan
governments negotiate reconciliation
with the Taliban. This reconciliation en-
tails the reintegration of Taliban leaders
into Afghan society. The process will re-
quire detailed discussions on land owner-
ship and control, governmental and mil-
itary leadership and the many laws that
are implicated. One can already predict
proposals for land cessation, for consti-
tutional amendments, and for the rein-
statement or election of new political of-
ficials and judges. In short, the stage is set
for a total makeover from the bottom up.
The transition will undoubtedly
produce a new way of life for Afghan
civilians. The fear is that those run-
ning the show will miss out on op-
portunities to make the human rights
improvements that Afghans deserve.
Will NATO or the U.S. ask that there
be new legislation implemented to pro-
tect women’s rights? Will they create a
vetting process to ensure that Taliban
extremists are not given leadership po-
sitions in their newly formed society?
On the contrary, these issues are
often swept to the wayside for the
sake of a peaceful agreement. Human
rights advocates must insert them-
selves into the transition discussions
on behalf of civilians to ensure that
the latter’s interests are represented.
Lauren Maccarone can be reached at lauren.
maccarone@brooklaw.edu.

The primary goals of the ILS Human Rights Committee this
fall was to encourage more substantive discussion on current
topics in the international human rights realm and participate
in activities related to those issues. In order to do so, the com-
mittee implemented several mechanisms to facilitate dialogue
concerning the major interests of committee members dur-
ing its bi-weekly meetings, including: international criminal
law, human trafficking, labor conditions, immigration/refugee
law, and issues concerning women, gender, and children. Many
of these topics will also be touched on in the spring semester.
The theme of the first several meetings was international
justice, and we asked committee members to read Judge Ri-
chard Goldstone’s “The Future of International Criminal Justice
– Evolving Accountability from Nuremberg to the International
Criminal Court,” which was presented at a Penn State Law Sym-
posium. Goldstone was the chief prosecutor during the early
days of the ICTY and hence the article gives a sweeping look at
international justice in the last 60 years, touching on Nuremberg,
the Tokyo Trials, the formation of the ICTY and ICTR, and creation
of the ICC through the ratification and implementation of the
Rome Treaty. Members shared their experience working with
various NGOs, tribunals, and other human rights organizations,
as well as presented their opinions on whether they agreed with
Goldstone’s premises of the progress of international justice. The
committee also organized a film outing and discussed impres-
sions of Nuremberg, the Schulberg/Waletzky restoration of the
historic 1946 U.S. documentary. The NYC Film Forum’s screening
marked the first time the documentary’s remarkable footage—
from the Nuremberg trials as well as Allied Force’s liberation of
the concentration camps—had been shown in the United States.
In order to foster communication outside of its meetings, the
committee also created its own blog entitled “BLS Human Rights
Committee” at http://blshumanrights.blogspot.com to 1) promote
relevant events related to the law and human rights taking place at
BLS and in the greater NYC area; 2) circulate articles/reports/websites
that are of interest; and 3) provide a discussion forum on these topics.
The current focus of the committee is the planning of events
for next spring. Already there are several ideas in the works, in-
cluding roundtable discussions on the 2010 Senate immigration
reform bill and Universal Periodic Review (UPR) process of domes-
tic human rights implementation as well as a potential panel fo-
cusing on international justice. Because the committee was able
to accomplish a variety of undertakings during this fall semester,
it is now in a position to achieve even more this coming spring.
Please be on the lookout and don’t forget to visit the new blog!
— Written by Laura A. Gretz and Brigitte Hamadey,
Co-Chairs of the ILS Human Rights Committee
8 INTERNATIONAL LAW SOCIETY · THE BRIDGE
Current Policies Leave Problem of Child Prostitution Unresolved
COSTA RICA
Continued from page 2
wealthy family, who can provide a bet-
ter life for them. Other families send
their children directly into prostitu-
tion if there is no other “legitimate”
alternative work. Sometimes children
voluntarily engage in prostitution for
personal money. They may live on the
street, or may be self-employed or work
in gangs, forced to provide for them-
selves economically. This is especially
true for girls and women, who are not
afforded the same educational and eco-
nomic opportunities available to male
counterparts. As the economy worsens,
girls and women become more finan-
cially vulnerable, and more likely to
become financially dependent on men.
Despite the lack of funding and dif-
ficulty in enforcement, in 1998, both
governmental and nongovernmental
organizations developed another body
in order to curtail the influx of sex tour-
ism in Costa Rica: the National Action
Plan against the Commercial Sexual
Exploitation of Children (NAPCSEC).
The NAPCSEC seeks to monitor child
exploitation and raise awareness, but
its framework, void of timelines, lacks
the sense of urgency needed to eradi-
cate the problem of child exploitation.
However, it did play a role in overhaul-
ing the Costa Rican criminal code. It
was not until 2002 that those who sexu-
ally exploited children could be pros-
ecuted at all. In fact, until that time,
the judiciary would drop charges of ‘cor-
ruption of minors’ when the accused
adult proved that another person had
already had sex with the child, reason-
ing that the child was already corrupt.
Latin American customary law also
acts as a roadblock to eradicating child
prostitution and sex tourism. While
the CRC established the definition of a
child as any human being below the age
of 18, Latin American countries have
yet to reach consensus regarding the age
of consent. Even though Latin Ameri-
can countries agree that child prostitu-
tion and child sex tourism are immoral
practices that demand an international
response, the age of consent differs from
country to country, and state to state,
ranging from ages 13 to 18. Not only
do different age of consent laws endan-
ger girls’ well-being, they also make do-
mestic enforcement trickier. The CRC
simply set the preferred age of consent
at 18, but this suggestion does not pre-
clude other countries from establishing
a lower standard. Some scholars argue
that far-reaching extraterritorial legisla-
tion that aims at prosecuting American
citizens who engage in child exploita-
tion with a minor in another country
would go beyond the boundaries of the
Constitution and interfere with interna-
tional relationships. On the other hand,
some argue that aggressively prosecut-
ing Americans who feed the demand
for the Latin American child sexploita-
tion and prostitution industry would be
in the best interest of Latin American
children, and should be pursued regard-
less of legal and political repercussions.
While prosecuting Americans for
exploiting Latin American children and
providing the demand that the industry
thrives might seem like the right thing
to do, it would not actually ensure Latin
American children have more rights.
Under the human rights framework
adopted by the CRC, judicial analysis
does not necessarily consider the “best
interest of the child” when prosecuting
offenders in their own country. Though
Article 3 of the CRC sets forth that the
“best interests of the child” should be
the primary consideration in all mat-
ters affecting children, the human rights
framework treats children as independ-
ent of adults. At least one scholar cites
this as a contributing factor to CRC’s
failure: domestic courts may be develop-
ing jurisprudence that does not ensure
children’s rights. Specifically, a hu-
man rights framework treats children
DEC. 2010
as adults, overlooking that children
need to be protected by adults. Juris-
prudence that truly uses a “best interest
of the child analysis” should hold in-
terested adults legally obligated for the
protection of children and their best
interests within the signatory nation.
Clearly, the international communi-
ty needs to take further action to eradi-
cate sexual exploitation of Latin Ameri-
can children. Though the human rights
approach has successfully established
child trafficking as an international
crime, Latin American courts may need
use a different framework in how to in-
corporate the “best interest of the child”
standard in their jurisprudence. Since
recent policies have been successful in
eradicating child prostitution in Asia,
the international community should em-
ploy similar tactics in its relations with
Latin America. In addition, policies al-
leviating the plight of the poor, and sup-
porting education and gender equality
will allow girls and young women oppor-
tunities to support themselves and their
families by working “legitimate” jobs.
Twenty years ago, the drafters of
the CRC sought to develop a document
delineating the rights that must be real-
ized for children to develop their full
potential. However, the international
community has failed to provide Latin
American courts with adequate guid-
ance as to how the “best interest of the
child” standard should be interpreted.
In neglecting to do so, the interna-
tional community is effectively messag-
ing that the children engaging in pros-
titution have reached their apex. The
lackluster approach to enforcing the
CRC and subsequent agreements dis-
regards the spirit of the “best interest
of the child” standard set forth in Ar-
ticle 3 of the CRC, and leaves the chil-
dren of San José reflective of the streets
they walk on—nameless and forgotten.
Catherine Frizell can be reached at cather-
ine.frizell@brooklaw.edu.