Kathleen M. Maloney

Biography

Kathleen Maloney has been teaching international law courses at Lewis & Clark Law since 2012. Professor Maloney worked as a Visiting Professional advising Appellate Judges at the International Criminal Court (ICC) in the Hague, after practicing law at both civil and criminal trial and appellate levels in Arizona. While at the ICC, Professor Maloney worked on multiple cases involving genocide, crimes against humanity, and war crimes. She drafted judgments for Navi Pillay, Chief Judge in the Appeals Division, allowing her to complete numerous appeals while transitioning to serve as the UN High Commissioner for Human Rights. More recently, Professor Maloney prepared written and oral appellate arguments on genocide and conspiracy presented at the International Criminal Tribunal for the former Yugoslavia (ICTY).

Professor Maloney has been an amicus curiae before the ICC, submitting written and oral expert analysis in a Ugandan warlord’s appeal of his conviction for gender-based crimes against humanity. Her scholarship on ending impunity for forced marriage in conflict zones and as a crime against humanity has been cited by the ICC Appeals Chamber and published by the Journal of International Criminal Justice (2021) and the International Criminal Law Review (2023).

Professor Maloney’s fieldwork, extensive research and writing on human rights, international development, disarmament, gender-based discrimination, and structural violence—from child abuse and sexual assault to armed conflict and organized crime—has been conducted across four continents. Her work for UN and Non-Governmental Organizations, academic institutes, and professional groups has been shared through speaking engagements, moderating and presenting at conferences, professional panels, and publication in domestic and global media.

Before joining Lewis & Clark’s faculty, Professor Maloney taught International Human Rights Law and Human Trafficking Law at Willamette University. While teaching at the Human Rights Law Clinic, Professor Maloney directed the first of its kind state-wide study and legal analysis of human trafficking. She conducted this comprehensive investigation with five law students she trained in interviewing and other legal skills. Published by Willamette in 2010, “Modern Slavery in Our Midst: A Human Rights Report on Ending Human Trafficking in Oregon” inspired legislative and policy changes in Oregon and other states.

As a Fulbright Scholar in India for two years, Professor Maloney’s field interviews, research, and writing focused on analyzing factors perpetuating the low socioeconomic status of indigent, tribal, and rural women. She conducted case studies for the ILO, the FAO, and the Institute for Social Studies Trust (Bangalore) that identified strategies for empowering women across caste, religion, ethnic, and class lines.

Professor Maloney is a founding Board Member of Just Planet, an international human rights nonprofit promoting and defending human rights worldwide. She and her colleagues have made submissions to the UN Human Rights Council, treaty bodies, and experts, advancing the rights of indigenous peoples, children, women, and the right to life in the face of climate change and environmental degradation. Just Planet shared the 2023 UN Human Rights Prize for Universal Recognition of the Right to a Clean, Healthy, and Sustainable Environment with its partners.

Specialty Areas and Course Descriptions

• International Criminal Law
• Human Trafficking
• International Human Rights
• Public International Law
• US Compliance with International Human Rights Law
• Individual Research Faculty Instructor LAW-702/LAW-702-P9 (2016-2024)

Academic Credentials

• BA Stanford University
• MA Stanford University
• JD Summa Cum Laude, Order of the Coif, University of Arizona
• LLM/MSc Oxford University, Distinction, International Human Rights Law

Bibliography

Forced Marriage as the Crime Against Humanity of ‘Other Inhumane Acts’ in the International Criminal Court’s Ongwen Case. International Criminal Law Review (2023) Maloney, K. M., with O’Brien, M., & Oosterveld, V.

Ending Impunity for Forced Marriage in Conflict Zones: The Need for Greater Judicial Emphasis on the Human Rights of Girls, Journal of International Criminal Justice (July 2021)

The ‘Other Inhumane Act’ of Forced Marriage in Prosecutor v Ongwen, Opinio Juris, Symposium in Pursuit of Intersectional Justice at the International Criminal Court (May 2022), with Oosterveld, V. & O’Brien, M.

Modern Slavery in Our Midst: A Human Rights Report on Ending Human Trafficking in Oregon International Human Rights Clinic, Willamette University College of Law (2010).

Humanizing Terrorism Through International Criminal Law: Equal Justice for Victims, Fair Treatment of Suspects, and Fundamental Human Rights at the ICC, 8 SANTA CLARA J. INT’L L. 69 (2010).

Russia’s Nuclear Waste Law: A Response to the Legacy of Environmental Abuse in the Former Soviet Union 10 ARIZ J. INT’L&COMP. L. 365 (1993).

More than a Parley, 21 COMMUNITY DEVELOPMENT JOURNAL 52 (Jan. 1986) Oxford Academic, Oxford University Press.