Vermont Bar Journal, Vol. 40, No. 2 VBA Journal, Winter Issue, Vol. 41, No. 4 | Page 27

Question: If “No,” what role does the United Nations have in the process? Answer: The United Nations’ Third Com- mittee handles proposed treaties addressing issues of human rights.  It is the venue where the world’s 193 nation-states come togeth- er to vet human rights conventions.  An ex- ample is the land mine treaty, championed by Vermont-based Nobel Peace Prize win- ner Jodie Williams.  Bottom line: we need to have the conversation in the UN Third Com- mittee, leading to the implementation of a non-UN-based WCHR.  Question: Will the decisions of the WCHR be enforced in the countries to which action is directed, and if not, what’s the point? Answer: The definitive answer to this ques- tion was offered by Chief Justice Carl Ashok Singh of Guyana at the 2013 Chief Justice conference in Lucknow.  It was roughly as fol- lows: “Just because a decision of a court is not 100% enforceable does not mean that it is worthless.”  This point is echoed by offi- cials of Human Rights Watch, Amnesty Inter- national, and other human rights NGOs.  And even though the world is still comprised of nation-states...and probably always will be... and possibly should be...their national laws are constantly becoming more informed and inhabited by the growing body of public in- ternational law.  This is in part a byproduct nation-states’ ever-increasing accession to treaties, and in part a byproduct of the grow- www.vtbar.org ing body of case law that emanates from the judicial and quasi-judicial bodies as they ap- ply treaty-derived law to the cases before them.  In addition, in an increasingly inter- connected world, where news travels faster and more freely all the time, “public sham- ing,” is a powerful force in educating the public and impacting the political process.     Question: If the International Criminal Court (ICC) is in distress, what’s to say that the creation of yet another supranational court has a chance? Answer: The ICC and the proposed WCHR perform entirely different functions.  The ICC’s narrow mission is to prosecute individ- uals (typically, former heads of state) for their roles in war crimes, genocide and crimes against humanity.  The impact, if the ICC is successful, is the criminal punishment of a single individual.  Without diminishing this worthy goal, the mission of the WCHR is far broader, and holds the potential of having a far more impactful outcome for large groups of individuals whose human rights are being denied as a result of conditions that violate accepted human rights norms. Question: What is the route through which the adoption of the Treaty of Lucknow, and thereby, the creation of the World Court of Human Rights, can be made a reality?     Answer: The realization of a treaty through the United Nations process occurs in a man- ner that is analogous to the way in which leg- islation is enacted in a state or national legis- lative body.  Bills (or treaties) are introduced by sponsors, and are taken up by the com- mittees which have jurisdiction over the rel- evant subject matter.  The more numerous the sponsors, and the more influential, the greater the likelihood that a particular bill (or treaty) will become law.  Proposed treaties are to the UN what bills are to a state or fed- eral legislative body.  The present stage of THE VERMONT BAR JOURNAL • WINTER 2016-17 our work is to mobilize a critical mass of na- tions behind the UN Third Committee pro- cess.  The Chief Justices have pledged to urge their national chief executives to do so. Question: Which nation-states do we envi- sion as lead “sponsors” of the Treaty of Luc- know? Answer: In part because we are physical- ly located in the United States, one of our early focuses was to get the support of the United States administration.  And because the Chief Justices meet annually in India, an- other of initial focuses was to get the sup- port of the Indian administration.  Both the United States and India have long-standing commitments to the protection of interna- tional human rights.  In addition, the relative- ly recent meeting between President Obama and Prime Minister Modi seemed to set the stage for historic cooperation in this arena.  For these reasons, the WCHR Development Project named an Indian Country Director, Vishal Bhatnagar, and an Indian Student Di- rector, Neel Lohit Pandy, who have helped to spread the word throughout certain key con- stituencies, and to the public in general. fective supranational court adjudicating dis- putes which are, in the vast majority of cas- es, between and among  nation-states, who agree to submit the dispute to the ICJ.  What the ICJ lacks, for the most part, is a venue for affected individuals, or more importantly, classes of individuals (such as 6 million Syrian refugees) within which they can obtain judi- cial review of a claimed human rights-related violation.   Some Disappointments to Date Will India Agree to Be a Lead Sponsor? In Decembe