Open Society Justice Initiative: Litigation

The Open Society Justice Initiative engages in strategic litigation in national, regional, and international courts and tribunals across a broad range of human rights issues, combining legal cases with other program activities as a method to effect social change.

The Justice Initiative pursues cases in the broader public interest that will make an impact beyond the individual victim. Legal cases are selected that can set an important precedent to leverage policy and create reform. Such cases are much more than a legal argument. The Justice Initiative undertakes a wide range of activities including research into human rights problems, working with governments to reform policies that cause human rights violations, advocating with decision-makers for change and building the capacity of civil society to respond to violations.

The Justice Initiative litigates in many different areas of law, covering discrimination, freedom of information, citizenship, freedom of expression, national criminal justice, deaths in custody and torture, international criminal justice, corruption and counter-terrorist policies, and develops arguments that cut across the usual legal categories. Working in Africa, Latin America, Europe, and Asia the Justice Initiative is able to replicate successes across continents, using decisions from one tribunal to argue a case in front of another.

Where the Justice Initiative acts on behalf of individual victims it works with national partners by providing technical assistance or strategic advice to make the international human rights law arguments in the domestic proceedings. When the case moves to an international level the Justice Initiative acts as co-counsel to file the application to the relevant human rights court. In other cases the Justice Initiative intervenes as a third party, providing an expert opinion explaining the relevant international law to the court in order to assist them to make the correct decision.

As part of the Open Society Institute network the Justice Initiative works closely with partners in many countries around the world to make sure that the issues surrounding our cases are discussed in the media, considered by decision-makers, and relevant to the victims of the human rights violation.

Pro Bono Support

The Open Society Justice Initiative is assisted in litigation cases by pro bono support from law firms around the world. This help allows us to intervene in many more cases than would otherwise be possible. Law firms have given their time by undertaking preliminary legal research, preparing legal arguments, traveling to take statements from witnesses, and drafting briefs for filing in court.

The following law firms have assisted us with pro bono support.

• Clifford Chance (London)
• Freshfields (New York)
• Linklaters (London)
• Lovells (London, New York, and Milan)
• Orricks (Frankfurt, Paris, and Sao Paolo)
• Ropes & Gray (Boston)
• Simmons & Simmons (London)
• Simpson Thacher (New York)
• White & Case (New York)

The Justice Initiative has also been assisted by a number of organizations that have helped find lawyers who are able to undertake work that needs to be done:

International Senior Lawyers Project: The International Senior Lawyers Project provides volunteer legal services by skilled and experienced attorneys to advance democracy and the rule of law, protect human rights, and promote equitable economic development worldwide. Through the pro bono work of retired and active practitioners, working independently and in law firms, the project helps governments and citizens develop and implement legal reforms, assists programs that advance the social and economic well-being of people in developing countries, and builds the capacity of local organizations and professionals to meet the needs of their communities.

Public Interest Law Initiative: Based in Budapest, the Public Interest Law Initiative is an international NGO that advances human rights around the world by stimulating public interest advocacy and developing the institutions necessary to sustain it.

Advocates for International Development. Advocates for International Development facilitates free legal assistance to civil society, developing country governments, social enterprise and bar associations to help achieve the United Nations Millennium Development Goals. The organization works with law firms, barristers, legal academic, and members of the judiciary to share pro bono expertise to support the UN Millennium Development Goals.

If you are interested in providing pro bono support to the Justice Initiative, please contact the Litigation Director at rskilbeck@sorosny.org.

Law Clinics

The Open Society Justice Initiative promotes the development of clinical legal education in universities and also works with law clinics to help prepare cases for litigation. This interaction provides a unique opportunity for law students to work on real cases. Clinics have assisted the Justice Initiative with legal and factual research, by submitting amicus curiae briefs, by undertaking missions to countries in order to speak to witnesses and gather evidence, and by assisting with the drafting of legal arguments. Justice Initiative staff work with students in order to explain the relevant legal standards and procedures and to develop the project.

As the Justice Initiative works in many different areas of law it is able to work with law clinics that focus on many different topics. The Justice Initiative's broad range of activities means that we can provide projects for clinics that prefer research, case work or investigations.

The Justice Initiative has worked with the following institutions in their clinical work:

• Human Rights and Genocide Clinic, Cardozo Law School, New York
• Central European University, Budapest
• Human Rights Clinic, Columbia Law School, New York
• International Human Rights Clinic, Harvard Law School
• Center for Human Rights and Global Justice, NYU Law School
• Lowenstein International Human Rights Law Clinic, Yale Law School
• Human Rights Clinic, University of Texas School of Law
• International Justice Clinic, UCLA School of Law

If your institution is interested in working with the Justice Initiative then please contact the Litigation Director at rskilbeck@sorosny.org.