Lyal S. Sunga

Last updated

Lyal S. Sunga is a well-known specialist on international human rights law, international humanitarian law and international criminal law.

Contents

Photo of Lyal S. Sunga, Former Investigator, UN Security Council Lyal S Sunga at ICTR Arusha Tanzania 1 Dec 2015.jpg
Photo of Lyal S. Sunga, Former Investigator, UN Security Council

Career

Lyal S. Sunga is Adjunct Professor at John Cabot University in Rome, Italy where he teaches courses on International Criminal Law, Human Rights, Terrorism and Counter-Terrorism, Public International Law, and Genocide at Masters and undergraduate levels. He is also Affiliated Professor at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law in Lund University, Sweden. Previously, he served as visiting professor in Peace Studies and International Relations and Global Politics at The American University of Rome, visiting professor at the Strathmore University School of Law in Nairobi, Kenya, and RWI visiting professor and doctoral supervisor at Addis Ababa University in Ethiopia, and in 2006 he taught a human rights masters course at the Peking University Law School in Beijing, China at a time when there were few if any other such masters programs being offered in mainland China. In addition, Sunga has been a Lecturer, Senior Lecturer or Visiting Professor in faculties of law at McGill University, Carleton University, Helsinki University, Padjadjaran University, University of Geneva, and from 2001 to 2005, he served as Associate Professor at the University of Hong Kong Faculty of Law and Director of the Master of Laws in Human Rights. In 2014, Sunga developed a human rights masters curriculum for nine universities in Russia and trained professors from these institutions at the Patrice Lumumba Peoples' Friendship University of Russia in Moscow and then from 2015 to 2021, Sunga gave masters-level human rights classes in UN-sponsored summer programs at universities in Kazan Federal University, Patrice Lumumba Peoples' Friendship University of Russia, Perm State University, Voronezh State University and Ural State Law University in Yekaterinburg.

In late August 1994, the United Nations High Commissioner for Human Rights José Ayala Lasso called upon Sunga to bolster the UN Security Council's investigations into the massive violations of human rights and International humanitarian law perpetrated during the 1994 Rwandan genocide. He served as Human Rights Officer in the United Nations as a staff member from 1994–2001, working mainly on problems relating to serious human rights and humanitarian law violations, genocide, war crimes and crimes against humanity, terrorism and counter-terrorism, and on practical issues involving war and recovery from post-conflict situations through fact-finding, monitoring, investigation and reporting. Since leaving the UN as a staff member, Sunga has served as expert consultant for the Office of the UN High Commissioner for Human Rights, United Nations University, United Nations Development Program, International Labour Organization, United Nations High Commissioner for Refugees, United Nations Office on Drugs and Crime, European Union, Council of Europe, International Development Law Organization, and National Human Rights Commissions in Bangladesh, Ethiopia, Nepal, Nigeria, Russia, Turkey and Uganda. In May 2012, he launched a major study on the role of national human rights institutions in federal States which he prepared for the Office of the UN High Commissioner for Human Rights in Moscow at a conference with representatives of more than 60 national human rights institutions of the Russian Federation. He is also a former Head of the Rule of Law program at The Hague Institute for Global Justice in the Netherlands, and former Special Advisor on Human Rights and Humanitarian Law at the International Development Law Organization in Rome, Italy.

Sunga holds a Bachelor of Arts from Carleton University, a Bachelor of Laws from Osgoode Hall Law School, a Master of Laws in International Human Rights Law from the University of Essex and a Ph.D. in International Law from the Graduate Institute of International Studies. Before joining the Raoul Wallenberg Institute he was a member of the faculty at the University of Hong Kong where he taught classes in law and served as Director of the Master of Laws Program in Human Rights (2001–2005). He has given university courses, lectures, training or conference presentations in approximately 55 countries. Sunga's work has been published in numerous scholarly academic journals and he has authored two influential books on international criminal law. He has given lectures and moderated panels at the United Nations Office of the High Commissioner for Human Rights, International Criminal Tribunal for Rwanda, the International Criminal Court, the T.M.C. Asser Instituut, the Graduate Institute of International and Development Studies and The Hague Institute for Global Justice, among other places.

From 1994 to 2001 Sunga worked for the United Nations Office of the High Commissioner for Human Rights in Geneva, first to investigate facts and responsibilities relating to the 1994 genocide in Rwanda for the UN Security Council's Commission of Experts on Rwanda, to draft the Commission's report recommending the establishment of the International Criminal Tribunal for Rwanda, and then on the establishment and operation of the UN Human Rights Field Operation in Rwanda. He also has practical experience and expertise relating to the International Criminal Court including having served as OHCHR representative to the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court that adopted the Rome Statute of the International Criminal Court, terrorism, redress for violations of international human rights and humanitarian law, impunity, the death penalty, human rights defenders, the administration of justice, the role of human rights NGOs in fact-finding, and the relation between national truth and reconciliation commissions and criminal prosecutions. In February 2001, he served as Secretary for the Asian Regional Preparatory Conference convened in Tehran, Iran that preceded the World Conference against Racism 2001 in Durban, South Africa.

From September to December 2007 Sunga took leave from the Raoul Wallenberg Institute to act as Geneva-based coordinator of the UN Human Rights Council's Group of Experts on Darfur, mandated to assess the Government of the Sudan's implementation of UN recommendations concerning serious violations of human rights and humanitarian law committed during the war in Darfur.

Sunga has commented on breaking news stories for Voice of America, CNN affiliate N1 in Sarajevo, PBS, China Global Television Network, The Guardian, Indus News, Metro International, Legal Talk Network, Australian Broadcasting Corporation, New Delhi TV, South China Morning Post, RT, Agence France-Presse, TV5 Monde, O Estado de S. Paulo, Estado de Minas, Business Standard, El Periódico de Catalunya and others. He also contributed to the discussion of ICTY rulings related to the Srebrenica Massacre, in his review of Yugoslavia: Peace, War, and Dissolution, edited book by Noam Chomsky and Davor Džalto.

Published works

Books

Book sections

Law journal articles

Selected reports for the United Nations and European Union

Related Research Articles

<span class="mw-page-title-main">Genocide</span> Intentional destruction of a people

Genocide is the intentional destruction of a people in whole or in part.

<span class="mw-page-title-main">Crimes against humanity</span> Serious crimes committed as part of a large-scale attack against civilians

Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law, and like other crimes against international law have no temporal or jurisdictional limitations on prosecution.

<span class="mw-page-title-main">International Criminal Tribunal for Rwanda</span> 1994 court of the United Nations Security Council

The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to adjudicate people charged for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals and acquitted 14.

<span class="mw-page-title-main">M. Cherif Bassiouni</span> Egyptian academic

Mahmoud Cherif Bassiouni was an Egyptian-American emeritus professor of law at DePaul University, where he taught from 1964 to 2012. He served in numerous United Nations positions and served as the consultant to the US Department of State and Justice on many projects. He was a founding member of the International Human Rights Law Institute at DePaul University which was established in 1990. He served as president from 1990 to 1997 and then as president emeritus. Bassiouni is often referred to by the media as "the Godfather of International Criminal Law" and a "war crimes expert". As such, he served on the Steering Committee for The Crimes Against Humanity Initiative, which was launched to study the need for a comprehensive convention on the prevention and punishment of crimes against humanity, and draft a proposed treaty. He spearheaded the drafting of the proposed convention, which as of 2014 is being debated at the International Law Commission.

<span class="mw-page-title-main">Theodor Meron</span> American judge and lawyer

Theodor Meron, is an American-Israeli lawyer and judge. He served as a judge of the International Criminal Tribunal for the former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), and the International Residual Mechanism for Criminal Tribunals (Mechanism). He served as President of the ICTY four times and inaugural President of the Mechanism for three terms (2012–19).

<span class="mw-page-title-main">Fausto Pocar</span> Italian jurist

Fausto Pocar is an Italian jurist.

<span class="mw-page-title-main">International criminal law</span> Public international law

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

<span class="mw-page-title-main">Command responsibility</span> Doctrine of hierarchical accountability

In the practice of international law, command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.

<span class="mw-page-title-main">Navi Pillay</span> South African lawyer, judge and human rights activist

Navanethem "Navi" Pillay is a South African jurist who served as the United Nations High Commissioner for Human Rights from 2008 to 2014. A South African of Indian Tamil origin, Pillay was the first non-white woman judge of the High Court of South Africa. She has also served as a judge of the International Criminal Court and President of the International Criminal Tribunal for Rwanda. Her four-year term as High Commissioner for Human Rights began on 1 September 2008 and was extended an additional two years in 2012. In September 2014 Prince Zeid bin Ra'ad succeeded her in her position as High Commissioner for Human Rights. In April 2015, Pillay became the 16th Commissioner of the International Commission Against the Death Penalty. She is also one of the 25 leading figures on the Information and Democracy Commission launched by Reporters Without Borders.

<span class="mw-page-title-main">Hassan Bubacar Jallow</span> Gambian politician and lawyer

Hassan Bubacar Jallow is a Gambian judge who has served as Chief Justice of the Gambia since February 2017. He was the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) from 2003 to 2016, and Prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT) from 2012 to 2016, both at the rank of United Nations Under Secretary-General. He served as Minister of Justice and Attorney General from 1984 to 1994 under President Dawda Jawara.

<span class="mw-page-title-main">William Schabas</span> Canadian academic (born 1950)

William Anthony Schabas, OC is a Canadian academic specialising in international criminal and human rights law. He is professor of international law at Middlesex University in the United Kingdom, professor of international human law and human rights at Leiden University in the Netherlands, and an internationally respected expert on human rights law, genocide and the death penalty.

<span class="mw-page-title-main">Charles A. Adeogun-Phillips</span> English lawyer

Charles Ayodeji Adeogun-Phillips is a former United Nations genocide and war crimes prosecutor, international lawyer and founder of Charles Anthony (Lawyers) LLP.

An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.

<span class="mw-page-title-main">United Nations Security Council Resolution 935</span> United Nations resolution adopted in 1994

United Nations Security Council resolution 935, adopted unanimously on 1 July 1994, after recalling all resolutions on Rwanda, particularly 918 (1994) and 925 (1994), the Council requested the Secretary-General Boutros Boutros-Ghali to establish a Commission of Experts to investigate violations of international humanitarian law during the Rwandan genocide.

<span class="mw-page-title-main">United Nations Security Council Resolution 955</span> United Nations resolution adopted in 1994

United Nations Security Council resolution 955, adopted on 8 November 1994, after recalling all resolutions on Rwanda, the Council noted that serious violations of international humanitarian law had taken place in the country and, acting under Chapter VII of the United Nations Charter, established the International Criminal Tribunal for Rwanda (ICTR).

<span class="mw-page-title-main">Mohamed Chande Othman</span> Tanzanian justice and international criminal law prosecutor

Mohamed Chande Othman is a Tanzanian lawyer and a former Chief Justice of Tanzania.

The term international framework of sexual violence refers to the collection of international legal instruments – such as treaties, conventions, protocols, case law, declarations, resolutions and recommendations – developed in the 20th and 21st century to address the problem of sexual violence. The framework seeks to establish and recognise the right all human beings to not experience sexual violence, to prevent sexual violence from being committed wherever possible, to punish perpetrators of sexual violence, and to provide care for victims of sexual violence. The standards set by this framework are intended to be adopted and implemented by governments around the world in order to protect their citizens against sexual violence.

The Crimes Against Humanity Initiative is a rule of law research and advocacy project of the Whitney R. Harris World Law Institute. Started in 2008 by Professor Leila Nadya Sadat, the Initiative has as its goals the study of the need for a comprehensive international convention on the prevention and punishment of crimes against humanity, the analysis of the necessary elements of such a convention, and the drafting of a proposed treaty. To date, the Initiative has held several experts' meetings and conferences, published a Proposed Convention on the Prevention and Punishment of Crimes Against Humanity, and resulted in the publication of an edited volume, Forging a Convention for Crimes Against Humanity, by Cambridge University Press. The draft treaty is now available in seven languages. The UN International Law Commission produced its own, similar, set of Draft Articles on the Prevention and Punishment of Crimes against Humanity, and a proposed treaty is now being debated by governments around the world.

Genocidal intent is the mens rea for the crime of genocide. "Intent to destroy" is one of the elements of the crime of genocide according to the 1948 Genocide Convention. There is an unresolved "intend debate" over whether dolus directus needs to be proven to convict for genocide, or whether a knowledge-based standard should be enough to convict for genocide.

References