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For the Rule of Law For the Rule of Law The Review International Commission of Jurists In Memoriam Niall MacDermot OBE (Mil), CBE, QC Associates of the International Commission of Jur Ufa The International Commission of Jurists (ICJ) is a non-governmental organizations devoted to promoting throughout the world the understanding and observance of the Rule of Law and the legal protection of human rights. It is headquartered in Geneva, Switzerland, and has 80 national sections and affiliated legal orga­ nizations. It enjoys consultative status with the United Nations Economic and Social Council, UNESCO, the Organization of African Unity (OAU) and the Council of Europe. Its activities include publishing the Review; organizing conferences and seminars; conducting stu­ dies or inquiries into particular situations or subjects concerning the Rule of Law; sending inter­ national observers to trials of major significance; intervening with governments or issuing press statements concerning violations of the Rule of Law; sponsoring proposals within the United Nations and other international organizations for improved procedures and conventions for the protection of human rights. If you are in sympathy with the objectives and work of the International Commission of Jurists, you are invited to become and Associate. Associates, who may be either individual or corporate persons, are of three categories: Patrons, contributing annually 1,000 Swiss francs Sponsors, contributing annually 500 Swiss francs Contributors, contributing annually 220 Swiss francs Associates will receive by air mail copies of the ICJ Review, ICJ Newsletter and the Centre for the Independence of Judges and Lawyers (CIJL) Yearbook, and Attacks on Justice; Harassmem and Persecution of Judges and Lawyers. Associates will also receive all ICJ/CIJL special publi­ cations. You are invited to write to the Secretary-General of the International Commission of Jurists, P.O Box 160, CH-1216 Cointrin/Geneva, Switzerland. Subscribers Alternatively, you are invited to become a subscriber to the REVIEW. Annual subscription rates: By B Mail 24.00 Swiss francs By A Mail 28.00 Swiss francs Special Rate for Law Students 12.00 Swiss francs Note-. Payment may be made in Swiss francs or in the equivalent amount in other currencies either by direct cheque valid for external payment or through a bank to Societe de Banque Suisse Geneva, account No. 142.548.0; National Westminster Bank, 63 Piccadilly, London W1A 2AG account No. 11762837; or Swiss Bank Corporation, 10 East 50th Street, New York, N.Y. 10022 account No. 101-WA-709727-000. Pro forma invoices will be supplied on request to persons ii countries with exchange control restrictions to assist in obtaining authorization. The Editorial is the personal responsibility to the Secretary-General, acting in execution of die general policy laid down by the Commission. Signed contributions express the views of their authors; their publication by the G o rm m ssior implies that they are thought to be of general interest by the Commission which, however, does noi necessarily endorse them in their entirely. Unsigned contributions, apart from the Editorial, have unless otherwise stated, been prepared by the staff of the Commission, under general direction o the Secretary-General. r * ■ * Announcement * i Due to temporary financial constraints, the Executive ; Committee of the International Commission of Jurists resol- * ved at its 18 January 1997 meeting that the ICJ Review will no 4 longer be published twice a year but once yearly, in 1 December. We deeply regret this temporary measure and call ? on our readers to assist us in resolving this problem. The next , issue of the ICJ Review, therefore, will be dated December 1997. V » Table of Contents Foreword Fali S. Nariman ............................................................................................................... 7 Adieu Niall Adama Dieng .................................................................................................................. 9 Part One: Tributes to Niall MacDermot Edith Kalian tyne ............................................................................................................ 25 Renee Bridel .................................................................................................................... 27 William J. Butler ............................................................................................................ 29 Haim H. Cohn ................................................................................................................. 23 Jean-Marie Crettaz .......................................................................................................... 25 < Ustinia Dolgopol............................................................................................................. 29 Alfredo Etcheberry.......................................................................................................... 43 . Timothy Harding ........................................................................................................... 45 Justice Michael Kirby ...................................................................................................... 47 Norman S. Marsh ............................................................................................................ 51 Franqois-Xavier Mbouyom............................................................................................. 53 Fali S. Nariman ............................................................................................................... 55 Lord Justice Otton........................................................................................................... 61 Bertrand G. Ramcharan .................................................................................................. 65 Sir Shridath Ramphal ..................................................................................................... 67 Philip Telford Georges..................................................................................................... 69 Hans Thoolen .................................................................................................................. 71 Franqois de Vargas.......................................................................................................... 73 Jose Zalaquett.................................................................................................................. 77 Andean Commission of Jurists....................................................................................... 81 Part Two: Speeches Given by Niall MacDermot Violations of Human Rights as Threats to Peace....................................................85 The Credibility Gap in Human Rights.....................................................................93 Human Rights and the Churches.............................................................................. 103 Human Rights and Peace............................................................................................115 Speech Given Before the European Parliamentary............................. Assembly 119 Speech Given Before the United Nations Headquarters....................................... 223 The Erasmus Prize (1989) - Decision and Grounds of Granting and Laudation by HRH Prince Bernhard of the Netherlands.............................. 229 The Erasmus Prize (1989) - Acceptance Speech by Niall MacDermot................ 233 Resolution passed by the Parliament of Argentina in Homage to Niall MacDermot 239 Resolution of the American Association for the International Commission of Jurists (AAICJ) in Homage to Niall MacDermot......................................... ........... 242 Foreword When you are in charge of running an organization, particularly an NGO, you, soon become a part of it. But when, like Niall, you head the Organizatbnfor two decades, it becomed a part of you. Niall MacDermot and the IC J were, for twenty long and eventful yeard, part of each other. Unlike most people who have been for Jo long in a position ofpower and predtige, Niall knew when it wad time to go, because he believed that, in the end, injtitutwiw are more important than individuald. At one of the Executive Committee meetingd of the ICJ a few yeard ago he announced that we mudt find a ducceddor for hid office the following year. Hid decidion wad final. He had brought the IC J to great heigh td of glory, and he had been red pond ible for itd manifold achievementd. But he wad condcioud of human frailty - the IC J mudt go on even though he could no longer guide itd program­ me of activitied. And do it wad that the two indeparabled were parted. The IC J had lodt itd great champion, itd hardedt and modt indefatigable worker. During hid dtewarddhip, the Commiddion had deen many vicutdituded which he had overcome, had aldo experienced many ihrilld of triumph in which all itd memberd had dhared. When a great oak falld, the foredt id no longer the dame. Of Niall MacDermot it could be daid, ad wad daid of one of the daintd of old: He hadfought a good fight, he hadfinidhed the courde, and he had alwayd kept the faith. Whether at work or in retirement Niall MacDermot’d abiding faith wad in the Rule of Law. It id of dome comfort to ud that it wad and dtill id the principal objective of the indtitution he do cherished. Our heartdgo out to hid brave condortfor many yeard. She loved him deeply and midded him tenderly till the end. M ay hid doul redt in peace. Fali S. Nariman
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