Tuesday, November 4, 2014

Kimberley Motley: How I defend the rule of law

http://www.ted.com/talks/kimberley_motley_how_i_defend_the_rule_of_law?language=en#t-179585

How to use existing laws that are rarely used to protect human rights in Afghanistan

Filmed October 2014 at TEDGlobal 2014

Kimberley Motley: How I defend the rule of law

Every human deserves protection under their country’s laws — even when that law is forgotten or ignored. Sharing three cases from her international legal practice, Kimberley Motley, an American litigator practicing in Afghanistan and elsewhere, shows how a country’s own laws can bring both justice and “justness”: using the law for its intended purpose, to protect.

American lawyer Kimberley Motley is the only Western litigator in Afghanistan's courts; as her practice expands to other countries, she thinks deeply about how to build the capacity of rule of law globally.

Why you should listen

Kimberley Motley possesses a rare kind of grit—the kind necessary to hang a shingle in Kabul, represent the under-represented, weather a kaleidoscope of threats, and win the respect of the Afghan legal establishment (and of tribal leaders). At present she practices in the U.S., Afghanistan, Dubai, and the International Criminal Courts; as her practice expands to other countries, she thinks deeply about how to engage the legal community to build the capacity of rule of law globally.

After spending five years as a public defender in her native Milwaukee, Motley headed to Afghanistan to join a legal education program run by the U.S. State Department. She noticed Westerners stranded in Afghan prisons without representation, and started defending them. Today, she’s the only Western litigator in Kabul, and one of the most effective defense attorneys in Afghanistan. Her practice, which reports a 90 percent success rate, often represents non-Afghan defendants as well as pro-bono human rights cases.

What others say

“To the male-dominated Afghan court and prison establishment, she must appear to be someone from outer space. She acknowledges this but declares that she gets respect… She has proven to be a very effective and tenacious fighter.” — Tom Freston, Vanity Fair

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