Sunday, May 21, 2023

Celebrating 12 Years of Service with Dentons

This month, as I conclude 12 years of service with the international law firm Dentons, I am opening a new chapter in my career by joining a new global law practice. To all the Dentons attorneys and staff that invested in my career over the past decade: Thank You. To all the clients who entrusted me with their legal affairs: Thank You.

There was never a quiet moment in my 12-year career with Dentons. From my first year as a junior associate to my twelfth year as a senior consultant, I was detailed to advise on some of the most groundbreaking projects in the Middle East, from multibillion-dollar public-private partnerships to international investigations across a dozen jurisdictions to advising on the burgeoning field of international human rights law. Throughout the journey, I had the privilege of working on landmark cases that will shape the future of the Middle East for generations to come.

As I close this chapter in my legal career with Dentons, I want to highlight the firm’s advocacy work on behalf of the most vulnerable segments of society. There is a scripture that has always moved me. It is from the book of Isaiah, one of the prophets of the world’s three major monotheistic faiths. Isaiah writes, “Learn to do right. Seek justice. Free the oppressed. Defend the cause of the orphan. Plead the case of the widow.” It is the work at Dentons that pled the case of the vulnerable and invisible that I want to spotlight here.

I can fill many pages with examples of our award-winning work as we pioneered human rights advocacy across the Middle East in ways that had never been done before, by establishing legal clinics in Jordan, Lebanon, Iraq and Lesvos for refugees fleeing armed conflict in Syria, Yemen, Afghanistan and beyond and by setting up partnerships with international organizations and NGOs to advise on international human rights and humanitarian law. I will forever be grateful to all the Dentons attorneys across the Middle East who selflessly donated their time to those initiatives.



One example I will highlight is the legal clinic we co-founded on the Greek Island of Lesvos, photographed above, with a consortium of other law firms. I served as a volunteer project lawyer for that project in 2017, where I advised over 100 refugees and asylum seekers on the Refugee Convention and family reunification under the Dublin Regulation. That work made a significant and concrete positive impact on countless lives. In the Lesvos project alone, approximately 70% of clients supported were granted asylum. That’s more than double the national average in Greece. It’s a testimony to the value of legal advocacy and representation, and how lawyers can leverage the law as a tool to promote justice and human rights.

I vividly recall my visit to the Kurdistan Region of Iraq in 2015 with a box of wooden stars painted in beautiful, bright colors by attorneys and staff in Dentons’ New York and Middle East offices. The stars bore messages such as “hope,” “peace,” “courage,” “safety” and “light,” written in Arabic and English. I visited refugee camps throughout northern Iraq, where I distributed those “Stars of Hope.” I still remember the excited look of the face of each Iraqi child as I handed them a Star of Hope. Their eyes lit up as though I had given them a priceless treasure.



Dentons partnered with the Norwegian Refugee Council in establishing legal clinics across the Middle East that supported refugees living in informal tented settlements and UNHCR refugee camps, like the one photographed below.

As the Iraqi security forces recaptured large swathes of territory that had been previously occupied by ISIL in 2016-2017, thousands of suspected members of ISIL were detained. The Iraqi courts were preparing to try them for the international crimes that they had committed. They looked for instructors to teach judges international humanitarian law and international criminal law as they prepared for the first-ever war crimes trials to be held in Iraq. Judges had no experience in adjudicating war crimes, crimes against humanity and other international crimes; international criminal law had not yet been domesticated into Iraqi law. I was tapped by the United Nations to teach those courses in Arabic to prosecutors, police investigators and judges, who would be adjudicating those cases. I gave workshops both virtually and in person across Iraq, both through UNITAD and later with UNAMI, as shown in the picture below with Iraqi police investigators.



Following the conclusion of those trainings, I attended dozens of the trials of captured members of ISIL by courts interspersed throughout Iraq as a trial monitor through a program jointly developed by the Clooney Foundation for Justice and the UN. I served as the eyes and ears of the international community, ensuring that the due process rights of detained members of armed groups were upheld.

Some of those trials echo in my mind like a bad dream that keeps returning to haunt me. I remember the trials of young boys, some barely teenagers, who were being charged on suspicion of terrorism. Those boys were born into armed conflict in the late 2000s and early 2010s. They never saw a day of peace in their lives. They fled Mosul after ISIL’s occupation in 2014, making Al-Hol refugee camp in northeast Syria their homes. When Al-Hol camp became overrun by ISIL in the last couple of years, the Syrian Democratic Forces began dismantling the camp and deporting refugees back into Iraq. Those boys were among those forcibly returned to Iraq, but rather than being reintegrated into Iraqi society, they were detained on suspicion of having joined ISIL. Attending those trials as a trial monitor, and witnessing some of the detainees, some of them still young teenagers, break down in tears during interrogations before investigative judges, reminded me of the fragility of the human condition, and the extent of the tragedy unfolding all around us as armed conflict rages on in Iraq, in Syria, in Yemen, in Sudan and beyond. Those young children, victims of the failure of the international community to provide them with the safe, loving and nurturing environments that every child needs to flourish and thrive, have been robbed of their childhoods, loaded with burdens too heavy to bear.

I can only hope that our work as advocates for prisoners, for the detained and for refugees has brought hope to the vulnerable. I believe it has, and am grateful to Dentons for relentlessly supporting my work over the past decade, both by financially supporting my projects and by allowing me a flexible work arrangement and time off to pursue human rights advocacy through the United Nations and partner organizations, and for all those who volunteered countless hours on a pro bono basis to UN Women, the Clooney Foundation for Justice, the Norwegian Refugee Council, the Public International Law and Policy Group, the International Law Institute, the International Refugee Assistance Project and the International Development Law Organization.

My hope is that the work I have done will inspire in others a love for international human rights law and fall in love with the field as I have. There is both truth and beauty in the idea of universal, first order, inherent rights that we all enjoy at all times, simply by virtue of our being human, rights that cannot be earned, lost or altered. Rights based on the equal moral status of all individuals, rights to life, equality and human dignity; gifts freely given to us, simply by virtue of our being human. This is a remarkable idea, a beautiful one that I hope every attorney will find worthy of defending.

Sunday, December 11, 2022

IBA War Crimes Committee shines a light on corporate liability cases

I had the privilege to join a panel that was hosted by the IBA War Crimes Committee on corporate liability for violations of international humanitarian law, international criminal law and international human rights law at the IBA Annual Conference in Miami last month. The panel, which was moderated by Danya Chaikel, Co-Vice Chair of the IBA’s War Crimes Committee, explored past and current cases where corporate entities or their officers have been investigated and, in some cases, criminally charged and convicted or faced civil suits for core international crimes, such as war crimes and crimes against humanity.

In my remarks, I spoke about prominent international criminal law cases brought against corporations in Canada, Europe and the United States. The criminal cases I highlighted include the complaint filed against TotalEnergies in France in October 2022 for complicity in alleged war crimes in Ukraine; the prosecution against Lafarge in France and the United States for crimes against humanity in Syria; and the case filed this year in France against Dassault and other defense contractors for alleged complicity for war crimes in Yemen. I also discussed civil cases brought under statutes, such as the Alien Tort Claims Act, that permit victims of atrocity crimes to seek monetary damages. Among the cases I highlighted are the Nevsun Resources case, which was brought in Canada in 2014 for alleged complicity for crimes against humanity in Eritrea; the case filed against BNP Paribas in France in 2017 for alleged complicity for war crimes in Rwanda; and the case filed against Meta Platforms (Facebook) in 2021 in California alleging complicity for genocide in Myanmar. I noted a trend marked by an acceleration of international criminal law cases filed recently and predicted that within the next five to seven years, every major law firm would have a human rights department to represent clients accused of violations of international human rights law, international criminal law and international humanitarian law.

The panel brought together the following specialists in international humanitarian and criminal law:

-       Danya Chaikel, Co-Vice Chair of the IBA’s War Crimes Committee, as moderator;

-        Reena Devgun of the War Crimes Unit of the Swedish Prosecution Authority in Stockholm, Sweden;

-        John Balouziyeh of Dentons in Riyadh and UNAMI in Baghdad and North American Regional Forum Liaison Officer of the War Crimes Committee;

-        Tom Hamilton of the University of Amsterdam, The Hague, the Netherlands;

-       Kristin Rosella of Global Diligence LLP, a member of GD Alliance, in Ann Arbor, Michigan, USA;

-       Jamie Williamson of the International Code of Conduct Association (ICoCA) based in Geneva, Switzerland.

For a summary of the session and a discussion on the general framework for corporate liability for violations of international criminal law, current cases, trends, challenges and recommendations, see the IBA’s web story covering the session at https://www.ibanet.org/IBA-War-Crimes-Committee-shines-a-light-on-corporate-liability-cases.

Following the panel, I was invited to speak on a second panel discussing how companies can mitigate their risk of liability for human rights violations by implementing human rights due diligences, adopting human rights policies and participating in human rights reporting frameworks.

The panel, which was moderated by Maria Fernanda Mierez of Beccar Varela in Buenos Aires and organized by the IBA Business Human Rights Committee, brought together Nina Gardner of the Johns Hopkins University School of Advanced International Studies in Washington, DC and Lillian Rae Lindsay of Clifford Chance LLP in London. Further details and presentation materials and a reading list can be found at https://www.ibanet.org/session-details/se_100004.

Wednesday, January 26, 2022

Global law firm Dentons collaborated with UN Women on survey of international policy measures

Dentons offices supported UN Women by conducting research in 30 jurisdictions across the Americas, Europe, Africa and Asia on gender-responsive procurement (GRP) as a tool to meet UN Sustainable Development Goals. Last week, I was given the opportunity to present our findings at Dubai Expo 2020, where I was joined by my colleague Mhairi Main Garcia, Head of Dentons’ Middle East Energy, Transport and Infrastructure Group, in discussing the report findings in a panel session titled, “Emerging trends in GRP in the public and private sectors.” Raghad Aljughaiman, Project Expert in the Office of Entrepreneurship at the UAE Ministry of Economy, and Nihal Hashish, Senior Purchasing Manager at P&G, joined our panel, which was moderated by UN Women Entrepreneurship Expert Jennifer Bland.

Our multi-year research across 30 jurisdictions around the world makes clear that it won’t be possible to achieve the UN Sustainable Development Goals unless women’s economic participation is promoted, and women’s rights are protected.

To read more, see Dentons’ press release at https://www.dentons.com/en/about-dentons/news-events-and-awards/news/2022/january/global-law-firm-dentons-collaborates-with-un-women-on-survey-of-international-policy-measures.

Dentons and UN Women plan to launch the multi-jurisdictional GRP report on International Women’s Day on 8 March, 2022.

Our panel highlighted best practices found in Dentons' research across 30 jurisdictions.

Sunday, October 31, 2021

“Doing well by doing good: Human rights as a pillar of corporate social responsibility”

I’m delighted to share a new series of articles on business and human rights, entitled, “Doing well by doing good: Human rights as a pillar of corporate social responsibility.” In Part 1 of the series, my coauthor Catherine Gilfedder and I offer guidance on how multinational corporations, drawing on international best practices, can pioneer socially responsible business models. We pay tribute to the late John Ruggie, the UN Special Representative on human rights and business enterprises, who passed away last month, and explore his legacy. The article discusses how corporations, following the frameworks Ruggie designed, can partake in human rights reporting, monitor their supply chains and implement human rights policies. 

Photo by Eric Bridiers, U.S. Mission to the U.N. in Geneva, taken on December 4, 2012.

Read the full article, published by The Oath: The Middle East Law Journal for Corporates, at https://theoath-me.com/doing-well-by-doing-good-part-1.

In Part 2 of the series, to be published next month, Catherine and I will explore how human rights compliance is increasingly evolving into a legal obligation rather than a voluntary undertaking. We will examine laws that have already been passed in the EU requiring multinational corporations to partake in human rights monitoring and compliance, and the potential future of this trend in the Middle East.

Sunday, September 12, 2021

Remembering 9/11 Twenty Years Later

I reported to Joint Base McGuire-Dix-Lakehurst today, as I have on countless other occasions, but on this occasion, everything looked different. The barracks have been converted into makeshift housing for hundreds of refugees who have been evacuated from Afghanistan. Tracks that once hosted 6:00 am runs have been converted into tented settlements for thousands of Afghan evacuees. Fields that were once barren have become a city of refuge, teaming with children flying kites and kicking soccer balls.

Today is the 20th anniversary of the attacks of 9/11. Those violent attacks brought destruction that forever altered history. They triggered America’s longest-standing armed conflict. The humanitarian relief being carried out at the joint military base symbolizes the polar opposite of 9/11; it embodies love and mercy, and demonstrates the humanity of the American people, a people who will sacrifice their resources and comfort and stand with the oppressed, carrying their burdens with them.


What I witnessed today was surreal: thousands of Afghans walking to and from their tents, men wearing the traditional shalwar kameez, women and girls wearing bright yellow and red hijabs, deep green abayas and ocean blue robes fluttering in the summer wind. The US military has built an entire city at Doughboy field, a field with which I have grown intimately familiar. The tarmac that once hosted our Army combat fitness tests, our 6:00 am sprints, ruck marches, deadlifts and shuttle runs now hosts Liberty Village, a city whose new residents will face persecution if returned to Afghanistan.

Twenty-foot tall tents have sprung up overnight across Liberty Village. Some of them serve as shelters. Others serve as cafeterias. Still others are storage facilities distributing clothing, shoes, sandals, even toys to the thousands of refugees who fled their nation, many without a moment for preparation, having abandoned all their possessions as they scrambled to board one of the last military flights to leave their nation. Some tents are dedicated to translators, others to information management offices, still others for logistics, coordination, and the distribution of supplies from relief organizations. Everything from tee shirts to diapers to baby formula to Pedialyte can be found in these tents.


The new refugee settlement spans several acres. It has become a city within a city, with its own micro-economy. Some refugees can be found standing in lines at food trucks serving traditional Afghan meals; others at cafeterias that have sprung up in the past days. Children can be found playing in playgrounds, swinging on swings. Around the settlement, soldiers are stationed to attend to the needs of evacuees. Some soldiers serve as translators; others as civil affairs liaisons; some are assigned to retrieve the occasional stray soccer ball.

The sprawling lawns across the base, once empty, are now teeming with life and movement. All around the tented settlement, bulldozers and diggers are working around the clock to lay the foundations for new buildings and tents that will accommodate the growing influx of refugees. Passersby hear the laughter of Afghan children who greet soldiers, calling out to them, “salam!”


While witnessing these scenes, I remembered the words of the prophet Isaiah: “Learn to do right; seek justice. Defend the oppressed. Take up the cause of the fatherless; plead the case of the widow.” The world was forever changed by the attacks of 9/11. It is my hope that the assistance being given to Afghan refugees on this twentieth anniversary of 9/11 will similarly change the world, that it will sow seeds of reconciliation. It is my hope that every Afghan will know plenty rather than famine, kindness rather than cruelty and peace rather than war; that they will know a world where love overcomes all things.

Postscript: A wide range of NGOs and humanitarian organizations, including the American Red Cross and Team Rubicon, are collecting financial and in-kind donations to support Afghan evacuees. For the most up-to-date information on how to give, visit the U.S. Air Force Expeditionary Center’s Facebook page at https://www.facebook.com/USAFEC.

Notice: The views expressed herein are the author’s own and do not necessarily reflect those of the U.S. government, the U.S. Air Force Expeditionary Center or any other branches or organs of the U.S. military. Photos appearing herein are U.S. Air Force Expeditionary Center public domain images and/or are posted herein under the fair use doctrine for non-commercial, educational purposes.  

Sunday, December 13, 2020

Dentons wins LawWorks Pro Bono Award for Legal Clinic for Refugees in Lesvos, Greece

I am delighted to share that Dentons won the LawWorks Pro Bono Award for our pro bono initiative supporting a refugee legal clinic at Moria Refugee Camp, in Lesvos, Greece. Since I volunteered at the legal clinic in its early days in 2017, it has grown to an award-winning collaboration encompassing seven law firms—Dentons; Orrick, Herrington & Sutcliffe; White & Case; Ashurst; Allen & Overy; Charles Russell Speechlys—and the NGO, European Lawyers in Lesvos (ELIL).  

My experience of working with refugees, who toiled for weeks or even months to reach the gateway to Europe from Syria, Iraq and other war-torn countries, was moving on many fronts. These refugees landed on the shores of Lesvos after fleeing from the most atrocious crimes of the twenty-first century, including genocide, torture, sexual slavery and other war crimes.

I am joined in this photo by ELIL project lawyers and translators.

Read more about this award-winning project at: https://www.dentons.com/en/whats-different-about-dentons/connecting-you-to-talented-lawyers-around-the-globe/news/2020/december/dentons-wins-lawworks-pro-bono-award-for-the-greece-pro-bono-collaborative#:~:text=London%E2%80%94Dentons%20has%20won%20%22Best,NGO%2C%20European%20Lawyers%20in%20Lesvos%20(

After returning from the legal clinic run by ELIL, I drafted a dispatch reflecting on the challenges that refugees fleeing conflict face upon their arrival to the shores of Europe and outlining ways to assist them and the humanitarian community, which is overwhelmed by the needs of refugees on the island of Lesvos. There are not enough doctors, lawyers, protection officers, search and rescue teams and first aid volunteers to address the needs of refugees that land on the island every day. There is no shortage of organizations that seek staff and volunteers to assist with their ever-growing caseloads. To learn more about how to get involved, read my dispatch at http://www.zambakari.org/middle-east/dispatch-from-moria-refugee-camp-a-crisis-within-a-crisis.

Let us not turn a blind eye to the suffering of refugees. Let us instead reaffirm our common humanity. In joining refugees in rebuilding their lives and reclaiming their dreams, we restore their hope and revive their faith in the future. Let us work together towards a world where hope overcomes all things.


Tuesday, August 21, 2018

حلقة نقاش حول حماية الرعاية الصحية في النزاعات المسلحة

تتشرف شبكة اصدقاء القانون الدولي الانساني بدعوتكم لحضور حلقة نقاش حول حماية الرعاية الصحية في النزاعات المسلحة.
الزمان والمكان:
الجمعة 29 آب 2018 من الساعة 15:30 وحتى الساعة 18:30 في نقابة المحامين، قصر العدل، المتحف، بيروت، لبنان.

البرنامج
16:00 – 15:30: ترحيب ومقبلات

16:10 – 16:00: افتتاح الجلسة - الدكتور كريم المفتي، مدير العيادة القانونية لحقوق الإنسان في كلية الحقوق لدى جامعة الحكمة

16:10 - 17:50: نقاش الخبراء حول حماية الرعاية الصحية في النزاعات المسلحة

الرئيس
السيد فادي مسلم
مستشار وزير الصحة العامة

المتحدثون
الدكتور أنطونيو أبو قسم
دكتور في القانون الدولي
المستشار القانوني الأساسي في المحكمة الخاصة بلبنان والمحكمة الجنائية الدولية
الإطار القانوني الخاص بحماية الرعاية الصحية في النزاعات المسلحة
ممثل عن قيادة الجيش اللبناني (قيد التأكيد)
تطبيق حماية الرعاية الصحية في الأنظمة العسكرية
السيد ايزيكيال هيفيس
المستشار القانوني الموضوعي في منظمة نداء جنيف 
إشراك الجهات الفاعلة المسلحة غير الحكومية في حماية الرعاية الصحية - خبرات منظمة نداء جنيف

السيد دوري نخلة
منسق الرعاية الصحية في خطر في الصليب الأحمر اللبناني

الدكتورة كريستين برتوليك
طبيبة جراحة في اللجنة الدولية للصليب الأحمر

الدكتورة فرانسواز سولنيي
مديرة القسم القانوني المتعدد الجوانب في منظمة أطباء بلا حدود
حكايات من الميدان

17:50 - 18:00: الدكتور عامر السماك
مدير عام جمعية النداء الإنساني
تعريف بجمعية النداء الإنساني وعملها في لبنان

18:00 – 18:30: مناقشة عامة

18:30: ختام