Portrait of Dr Emily Haslam

Dr Emily Haslam

Senior lecturer in law
Pathway convenor international criminal justice

About

Emily Haslam is a senior lecturer in Kent Law School. Previously, she was a lecturer at the University of Sussex and at the University of Wales, Aberystwyth. She completed her undergraduate degree in Law with German Law at the LSE, her LLM in International Law at King’s College London and her PhD at the LSE. She studied for the Bar at the Inns of Court School of Law where she was a recipient of a Harmsworth Scholarship from Middle Temple.   

Research interests

Emily Haslam’s research interests lie in the field of international criminal law, specifically the treatment of victims and the role of civil society, and in international legal history. Her current research focuses on a history of slave trade repression in international criminal legal history.

Teaching

Emily teaches undergraduates in the field of International and to Postgraduates in the fields of International and Transnational Criminal Law.

Supervision

Emily is interested in supervising students in the following areas: 

  • International criminal law and transitional justice 
  • International legal history 
  • Public international law 
  • Slavery and the slave trade in international law

Professional

Editorial Board member Feminists@law

Publications

Article

  • Haslam, E. and Edmunds, R. (2017). Whose Number is it anyway?: Common Legal Representation, Consultations and the “Statistical Victim". Journal of International Criminal Justice [Online] 15:931-952. Available at: https://doi.org/10.1093/jicj/mqx052.
    Ensuring effective and meaningful participation by large numbers of victims of international crimes continues to pose significant challenges for the International Criminal Court (ICC). This is evident in the implementation of provisions in the ICC’s Rules of Procedure and Evidence concerning the appointment of lawyers to represent victim participants. These allow the Chamber to request victims to choose common representation. Making provision for victims to choose is, however, far easier than ensuring that choice is appropriately achieved in practice. Typically the ICC’s Registry consults with victims before presenting a report for consideration by the Chamber. These reports may, as in the proceedings in the Ntaganda case considered here, contain statistical indicators to express some of the outcomes of its consultations with victims. This practice, has, we suggest, resulted in the emergence of what can be termed the ‘statistical victim’. Consultations with victims are important and welcome. However, we strike a cautionary note about the turn to statistics. The use of statistics can bolster institutional interests in debates about representation, thereby impacting upon the portrayal (and therefore the management) of dissent on the part of victim participants at the ICC. This is a matter of particular concern when what is at stake is how victims might be able to contest the current arrangements in place for their legal representation. In highlighting the emergence of the ‘statistical victim’ we seek to contribute to wider debates about the representation of victims in international criminal law as well as indirectly to discussions about measuring victim satisfaction.
  • Haslam, E. (2016). International Criminal Law and Legal Memories of Abolition: Intervention, Mixed Commission Courts and “Emancipation”. Journal of the History of International Law [Online] 18:420-447. Available at: http://booksandjournals.brillonline.com/content/journals/10.1163/15718050-12340074.
    This article provides a critical reading of four cases that took place before nineteenth century Mixed Commissions on the Slave Trade at Sierra Leone, namely the Sinceridade, Activo, Perpetuo Defensor and Maria da Gloria cases. Mixed Commissions were early institutional sites where international law was confronted with victims on a multiple scale. Although they had the power to emancipate slaves, Mixed Commissions did not do so as a result of rights attributed to slaves as human beings. Rather this article shows that the capacity of Mixed Commissions to emancipate slaves was dependent upon the legality of the search, seizure and detention of the slave ship on which slaves were found. This legal link between emancipation and lawful intervention left slaves in a potentially precarious legal position even at the point of “rescue”. However, in two of the cases examined here the worst effects of this precariousness were avoided through slave resistance. This article aims to contribute to ongoing scholarly critiques of international criminal legal histories by interrogating how abolition has been remembered in international law.
  • Haslam, E. and Edmunds, R. (2014). Victim Participation, Politics and the Construction of Victims at the International Criminal Court: Reflections on Proceedings in Banda and Jerbo. Melbourne Journal of International Law 14:727-747.
  • Haslam, E. and Edmunds, R. (2012). Common Legal Representation at the International Criminal Court: More Symbolic than Real? International Criminal Law Review 12:871-903.
  • Haslam, E. and Edmunds, R. (2012). Managing a New Partnership: Professionalization, Intermediaries and the International Criminal Court. Criminal Law Forum [Online]:1-37. Available at: http://dx.doi.org/10.1007/s10609-012-9188-y.
    Defence allegations about the malpractice of intermediaries in the Lubanga Case have revealed the ICC's dependence upon intermediaries. Yet, surprisingly, the role of intermediaries has received relatively little attention in the academic literature. Since 2009, the Registry has been developing a court-wide set of guidelines to manage the Court's relationship with intermediaries, which, if adopted, will substitute a large measure of standardisation over the disparate policies and practices currently in place across the various ICC organs and units. The Victims Rights Working Group and the Open Society Justice Initiative in conjunction with the International Refugee Rights Initiative are prominent amongst civil society actors that are playing a key role in advocating for the protection of, and support for, intermediaries through guidelines. This article examines the emerging position of intermediaries in international criminal law. It argues that adopting guidelines will inculcate a semi-institutionalised status for intermediaries, which both reflects, and contributes to, 'professionalization' in international criminal law. However, 'professionalization' is problematic to the extent to which it creates obstacles for the involvement of counter-hegemonic voices in international criminal law. Moreover, whatever gains guidelines may bestow on the Court and intermediaries, it is unclear how they can or will mesh with the emerging judicial response to intermediaries at the ICC. Ultimately, the increased regulation of intermediaries is likely to have a profound impact on relations between the different ICC organs; and it is set to be a touchstone for civil society-ICC relations more generally.
  • Haslam, E. (2011). Subjects and Objects: International Criminal Law and the Institutionalization of Civil Society. International Journal of Transitional Justice 5:221-240.
  • Haslam, E. and Mansell, W. (2005). John Bolton and the US Retreat from International Law. Social and Legal Studies [Online] 14:459-485. Available at: http://sls.sagepub.com/cgi/reprint/14/4/459.
    This article focuses upon the writings of John R. Bolton who was for four years US Under-Secretary of State for Arms Control and International Security. He is currently the US Ambassador to the United Nations. His position with regard to international law is, at least for non-Americans, extraordinary, but also extraordinarily important since it resonates with the views of many in the current Bush administration. In essence, he is sceptical of the entire category of international law and argues that it cannot ever be accepted as superior to US domestic law. He doubts that it can be distinguished from international relations. These views need to be taken seriously if the implications for the world of diplomacy and international relations, and indeed domestic law, are to be understood. This the article attempts to do.
  • Haslam, E. and Dembour, M. (2004). Silencing Hearings? Victim/Witnesses at War Crimes Trials. European Journal of International Law [Online] 15:151-177. Available at: http://dx.doi.org/10.1093/ejil/15.1.151.
    It is commonly accepted that war crimes trials should provide a space for victims to tell their stories. A close reading of the transcripts of victim-witnesses’ testimonies in the Krstic trial at the International Criminal Tribunal for the former Yugoslavia suggests, however, that war crimes trials effectively silence, rather than hear, victims. In this particular trial, victim-witnesses predictably governed neither the agenda nor the pace of the hearings. More problematically, we argue that incongruously optimistic judicial remarks unnecessarily denied their suffering. On a different plane, victims’ testimonies were only vaguely connected to the person of the accused; they related to facts the relevance and proof of which are debatable. This article aims to generate a debate about victim-witnesses’ testimonies at war crimes trials. It seeks to identify both the demands that the legal process imposes on victim-witnesses and the tensions that arise out of their participation in it. In the light of the fact that legal proceedings cannot produce the definitive collective memory of the events with which they deal, the article finally stresses the need to foster a variety of collective memories outside the judicial platform.
  • Haslam, E. (2002). Unlawful Population Transfer and the Limits of International Criminal Law. Cambridge Law Journal 61:66-75.
    This article examines the draft Declaration on Population Transfer and Implantation of Settlers developed within the framework of the UN Sub-Committee on the Prevention of Discrimination and the Protection of Minorities. The draft declaration provides for the criminalisation of involuntary population transfer. This article argues that the Declaration will be ineffective in practice and will introduce inconsistency and confusion into the law. However, the attempt to introduce a crime of unlawful population transfer reflects a lacuna in existing law. And yet, this gap is unlikely to be filled by extending existing international crimes to cover ethnic cleansing. This is because existing crimes do not address the international community’s sense of what it is that makes ethnic cleansing so heinous. Thus some action needs to be taken. However, this article argues that the ability of the international community to proceed appropriately is stymied by the fact that international criminal lawyers lack the basic tools and the concepts by which to categorise different types of harm.
  • Haslam, E. (2000). Information Warfare: Technological Changes and International Law. Journal of Conflict and Security Law [Online] 5:157-175. Available at: https://doi.org/10.1093/jcsl/5.2.157.
  • Haslam, E. (1999). Post Soviet Property Rights and English Courts. Lloyd’s Maritime and Commercial Law Quarterly [Online] 4:491-506. Available at: https://www.i-law.com/ilaw/doc/view.htm?id=365499.
  • Haslam, E. (1998). Europe’s First Publication Right Case. European Intellectual Property Law Quarterly:210-213.

Book section

  • Haslam, E. (2014). Silences in International Criminal Legal Histories and the Construction of the Victim Subject of International Criminal Law: the Nineteenth-century Slave Trading Trial of Joseph Peters. in: Schwobel, C. ed. Critical Approaches to International Criminal Law: an introduction. London: Routledge, pp. 181-195.
  • Haslam, E. (2012). Redemption, Colonialism and International Criminal Law: the nineteenth century slave trading trials of Samo and Peters. in: Kirkby, D. ed. Past Law, Present Histories: From Settler Colonies to International Justice. ANU e-press. Available at: http://epress.anu.edu.au/?p=191191.
  • Haslam, E. (2011). UNRRA. in: Max Planck Encylopedia of Public International Law Online. OUP. Available at: http://www.mpepil.com/.
  • Haslam, E. (2011). Population Transfer. in: Max Planck Encylopedia of Public International Law Online. OUP. Available at: http://www.mpepil.com/.
  • Haslam, E. (2009). Neumann. in: The Oxford Companion to International Criminal Justice. Oxford University Press. Available at: https://global.oup.com/academic/product/the-oxford-companion-to-international-criminal-justice-9780199238323?cc=gb&lang=en&.
  • Haslam, E. (2009). Neddermeier. in: The Oxford Companion to International Criminal Justice. Oxford University Press. Available at: https://global.oup.com/academic/product/the-oxford-companion-to-international-criminal-justice-9780199238323?cc=gb&lang=en&.
  • Haslam, E. (2009). Wielen. in: The Oxford Companion to International Criminal Justice. Oxford University Press. Available at: https://global.oup.com/academic/product/the-oxford-companion-to-international-criminal-justice-9780199238323?cc=gb&lang=en&.
  • Haslam, E. (2009). Flesch. in: The Oxford Companion to International Criminal Justice. Oxford University Press. Available at: https://global.oup.com/academic/product/the-oxford-companion-to-international-criminal-justice-9780199238323?cc=gb&lang=en&.
  • Haslam, E. (2007). Law, Civil Society and Contested Justice at the International Criminal Tribunal for Rwanda. in: Dembour, M. -B. and Kelly, T. eds. Paths to International Justice. Cambridge: Cambridge University Press.
  • Haslam, E. (2004). Victim Participation at the International Criminal Court: A Triumph of Hope over Experience? in: McGoldrick, D., Rowe, P. and Donnelly, E. eds. The Permanent International Criminal Court: Legal and Policy Issues. Oxford: Hart, pp. 315-334.
  • Haslam, E. (2004). Human Rights and Hegemony in the War against Terror. in: Eden, P. and O'Donell, T. eds. September 11, 2001: A Turning Point In International And Domestic Law? Ardsley, New York: Transnational International, pp. 363-385. Available at: http://www.transnationalpubs.com/showbook.cfm?bookid=10279.
  • Haslam, E. (1999). Non-Governmental War Crimes Tribunals: A Forgotten Arena of International Criminal Justice? in: Lim, C. L. and Harding, C. eds. Renegotiating Westphalia: Essays and Commentary on the European and Conceptual Foundations of Modern International Law. Brill, pp. 153-182. Available at: http://www.brill.com/renegotiating-westphalia.