Alexandra Utech and Hayden Pendergrass, both 3Ls at GW Law, worked this past summer as assistants for Professor Sean D. Murphy in his work as a member of the UN International Law Commission (ILC) in Geneva, Switzerland. Professor Murphy is a member of the Commission and serves as its Special Rapporteur for Crimes against Humanity.
During their time in Geneva, Mr. Pendergrass and Ms. Utech worked on several different projects, ranging from drafting statements for Professor Murphy to tracking proposals for consideration in the Commission's drafting committees. Their main task, though, concerned helping with the completion of a proposed UN Convention on the Prevention and Punishment of Crimes against Humanity. Mr. Pendergrass and Ms. Utech worked on the second and final "reading" of draft articles that could serve as the basis for such a convention, as well as on detailed commentaries explaining the meaning of the draft articles. Now, the finished proposal is on its way from the Commission to the UN General Assembly for consideration.
"Much of what was discussed by the Commission was cutting edge in the development of international law," Mr. Pendergrass said. "The proposed convention develops new international law, but also codifies the places where international law currently lives."
The proposed convention, which Professor Murphy has worked on since he was elected to the Commission in 2012, seeks to fill a gap in international criminal law and human rights law. Currently, crimes such as genocide and war crimes are the subject of global conventions that seek to regulate national laws, but there is no global convention dedicated to doing so for the purpose of preventing and punishing crimes against humanity.
"It was incredible to see the different dynamics and perspectives," Ms. Utech said. "Members bring not only perspectives from their home countries, but their own individual views as well; they are not representing their government. It's just top legal minds debating and having conversations about the important work of codifying and progressively developing international law."
Since Professor Murphy's time on the Commission, two GW Law students each summer have received a fellowship from GW Law to serve as his assistants in Geneva.
"The GW Law Fellowship Program gives students a wonderful opportunity to observe from the inside of a United Nations institution focused on the development of international law," Professor Murphy said. "My two assistants engage in extensive legal research and writing as a means of helping me with a variety of work on matters relating to treaty law and the codification of customary international law. I think they find the experience very rewarding and inspiring."
Ms. Utech said she gained valuable experience and guidance from Professor Murphy.
"Professor Murphy is very much a teacher at heart. He was interested to hear our perspective and would always sit down and explain things to us. He entrusted us with a good amount of work, and I feel like I made a substantive contribution, which is exciting," Ms. Utech said.
Mr. Pendergrass said working on the Commission was a once-in-a-lifetime experience.
"In many ways, the work that the ILC does is heavily cited by both scholars and courts. While the ILC may not have the final word, it is a very persuasive authority in the realm of international law," Mr. Pendergrass said. "There was certainly a sense of being in the room where it all happens."
Mr. Pendergrass is currently the Director of Public Interest and Pro Bono for the GW Student Bar Association and Treasurer of the GW Human Rights Law Society. Ms. Utech is President of the GW Human Rights Law Society. Both are interested in exploring the international law field after graduation.