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65 U. Miami L. Rev. 867 (2010-2011)
Still Trembling: State Obligation under International Law to End Post-Earthquake Rape in Haiti

handle is hein.journals/umialr65 and id is 873 raw text is: Still Trembling: State Obligation Under International Law to End Post-Earthquake Rape in Haiti LISA DAVIS* I. INTRODUCTION The struggle to end sexual violence in Haiti on the international level started with the visionary work of Professor Rhonda Copelon,t founder of the International Women's Human Rights Clinic at the City University of New York (CUNY) School of Law. At the end of 1994, after Haiti suffered from a surge in sexual violence due to political insta- bility, Copelon pulled together a team of organizations, including MADRE, the Center for Constitutional Rights, the law firm of Morrison & Foerster, and others, to strategize on this issue. Together they filed a brief with the Organization of American States (OAS), calling attention to the violence happening in Haiti and to the notion under international law of rape as a form of torture when committed by government actors. About fifteen years later Haiti suffered yet another surge in sexual violence, but this time due to an earthquake on January 12, 2010.2 The * Lisa Davis is an Adjunct Professor of Law for the International Women's Human Rights Clinic at the City University of New York (CUNY) School of Law and the Human Rights Advocacy Director for MADRE. She received her J.D. from CUNY Law School, where she was Editor-in-Chief of the New York City Law Review, and her M.A. in International Policy from American University. For over ten years she has worked as an advocate for human rights and has written extensively on international women's human rights issues. Lisa currently serves as the Coordinator for the Lawyers' Earthquake Response Network Gender Working Group. She is a member of the New York City Bar Association's International Human Rights Committee and the National Lawyers' Guild Working Group on Haiti. The author would like to thank Natashah Lycia Ora Bannan for her editorial assistance and Pierce Suen for his research assistance. This article is dedicated to the courageous women of Haiti living and organizing within the displacement camps. These women are not just rape survivors but survivors in every sense of the word, and any victory we have had as international attorneys working with them on this crisis has been because of their strength and ability to do this work. This article is also dedicated to the memory of Rhonda Copelon whose strategic legal brilliance, unwavering political courage, and deep commitment to a women's human rights vision will forever inspire and guide our work. 1. Rhonda Copelon's extensive work history on this issue included working for over a decade at the Center for Constitutional Rights where she litigated civil rights cases with a focus on women's rights and international human rights including the landmark case of Filartiga v. Pena- Irala, 630 F.2d 876 (2d Cir. 1980), which opened federal courts to international human rights claims. Professor Copelon also cofounded and directed the Legal Secretariat of the Women's Caucus for Gender Justice in the International Criminal Court and served as a legal advisor to the Coalition on Women's Human Rights in Conflict Situations. 2. Although no comprehensive study has been conducted on the growth of post-earthquake sexual violence in Haiti, snap shot research that has been conducted demonstrates a sharp 867

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