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Ladies and Gentlemen, I Am Professor David Scheffer

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Ladies and Gentlemen, I Am Professor David Scheffer ATROCITY CRIMES LITIGATION YEAR-IN-REVIEW (2008) January 29, 2009 Northwestern University School of Law OPENING REMARKS David Scheffer, Moderator Northwestern University School of Law Ladies and Gentlemen: I am Professor David Scheffer, Director of the Center for International Human Rights here at Northwestern University School of Law. On behalf of the Center, I want to welcome you to the Second Annual Atrocity Crimes Litigation Year-in-Review Conference here at the law school. It is the only conference of its kind anywhere in the United States. We are grateful for the generous support of the John D. and Catherine T. MacArthur Foundation and the international law firm of Baker & McKenzie in making this day possible. Representatives of both of those entities are with us today and we are very grateful for that. I know that Dean David Van Zandt who is on the West Coast today would like to be here, but he is presiding over Northwestern Law’s Securities Regulation Institute in California on matters that cry out for regular examination as we enter the second year of the recession. He extends his warmest regards, thanks and deep respect to all of our distinguished participants. I also want to thank Northwestern University President, Henry Bienen, for his personal assistance in helping to arrange this conference. Finally, thanks to the Northwestern Law students on the Journal for International Human Rights and members of the International Law Society and Amnesty International Chapter at the law school for all of their expert help. We will endeavor today to review the jurisprudence during the calendar year of 2008 of the international and hybrid criminal tribunals, namely the International Criminal Court, the International Tribunals for the Former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the War Crimes Chamber in the State Court of Bosnia and Herzegovina. It is a very dynamic year for each of these courts, or it has been, so we have a very spirited discussion ahead of us. You have sitting before you some of the top judicial officers of the tribunals: Chief Prosecutor Hassan Jallow of the Rwanda Tribunal, Chief Prosecutor Stephen Rapp from the Special Court for Sierra Leone, International Co-Prosecutor Robert Petit of the Cambodia Tribunal, Deputy Prosecutor Norman Farrell of the Yugoslavia Tribunal, on the end there, the Prosecutor’s Legal Advisor Rod Rastan of the International Criminal Court, on the other end, and Judge Elizabeth Fahey, recently of the War Crimes Chamber in Sarajevo. Deputy Prosecutor Fatou Bensouda of the ICC could not join us due to the late scheduling of the Lubanga trial before the Court this week, but Mr. Rastan is here, able to represent the Office of the Prosecutor. Likewise, Prosecutor Serge Brammertz of the Yugoslav Tribunal had too many last minute conflicts arise this week to join us, but his very able Deputy Prosecutor Mr. Farrell is the most welcome substitute. Also joining us is ace Defence Counsel Gillian Higgins of the Yugoslav Tribunal and law professor Beth Van Schaack of the Santa Clara University School of Law. All of their biographies are before you in the brochure, so I will trust in your judgment to brief up on our participants as we go along. We’re very fortunate this morning to have Jonathan F. Fanton, the President of the John D. and Catherine T. MacArthur Foundation, deliver some introductory remarks. While you have his bio in front of you, I want to emphasize the following: President Fanton has had three career paths that brought him to the leadership of the MacArthur Foundation in 1999. The first path is one of those stellar academic careers that so many of us aspire to and rarely reach, with a doctorate in American history and teaching duties at Yale and then the University of Chicago. While at Yale, he was special assistant to President Kingman Brewster from 1970 to 1973. I interviewed President Brewster in 1972 for a feature article in the Harvard Crimson about women’s access to a Yale education, and I do wonder whether young Jonathan Fanton was lurking somewhere in the background of the room the day I interviewed his boss. At both Yale and Chicago, Mr. Fanton took on highly demanding administrative positions along with his teaching. That second career path took a leap in 1982 when he assumed the presidency of the New School of Social Research in New York, a post he held until 1999. It’s during that tenure that he developed his third career track, a long-standing leadership role in human rights issues. President Fanton’s guiding hand in the evolution of Human Rights Watch helped propel that key non-governmental organization into the highest ranks of human rights monitors in the world. It was only logical that he then was selected as President of the MacArthur Foundation. During his ten year presidency at the MacArthur Foundation, Mr. Fanton has demonstrated unparalleled leadership in advancing the cause of international human rights and international justice through generous and well targeted funding towards the projects and programs that have made significant impact on global society. I honestly believe it is fair to say before you today that Jonathan Fanton and his foundation have been and remain the most significant philanthropic force in support of human rights and international justice in the world. Achieving that status takes courage, wisdom and a high sense of morality, so I am deeply honored to introduce President Jonathan Fanton to you today. Jonathan Fanton, Introductory Remarks President, The John D. and Catherine T. MacArthur Foundation David, thank you for that very generous introduction. I also want to acknowledge Mary Page, my colleague who leads our international justice work at MacArthur. She is really co-responsible for all that we do. We meet at a significant time for human rights and justice around the world. For decades, often in seemingly hopeless circumstances, courageous men and women stood up for accountability: the principle that human rights are basic and non-negotiable, and the need for a system to hold accountable those who commit unspeakable atrocities. 2 Today, we have a network of strong human rights organizations that spans the globe, an emerging system of international justice with the ICC as its cornerstone, regional courts and human rights commissions whose influence is growing, and a commitment from the United Nations to the Responsibility to Protect. The era of impunity is drawing to a close. Nowhere is this new era more evident than in the work of the international hybrid criminal tribunals. Consider these developments: senior members of the Khmer Rouge facing justice in Cambodia for the “killing fields,” with the first trial about to start, Jean- Pierre Bemba of Congo’s MLC arrested, Radovan Karadžić in custody, Charles Taylor on trial in The Hague, Theoneste Bagosora of Rwanda convicted, Omar al-Bashir threatened with prosecution. And it goes on. The reach of international law is growing longer, its influence more pervasive, its jurisprudence settling into national systems and the common wisdom. Many of the people before you have been at the forefront of this effort: Hassan Jallow of the Rwandan tribunal, Stephen Rapp of the Special Court for Sierra Leone, Robert Petit of the Extraordinary Chambers in the Courts of Cambodia, Norman Farrell of the International Criminal Tribunal for the former Yugoslavia, and more. Here we have assembled in one place the pioneers, those present in the creation of this emerging system of international justice. But the work of international justice involves also diplomats, advocates, philanthropies such as MacArthur, and of course, scholars, universities and law schools. Few are as distinguished as Northwestern, so I return the compliment that you’ve given us at MacArthur. The wide range of courses in international law, the pioneering JD/LLM degree of International Human Rights, and the Center for International Human Rights all put Northwestern at the forefront of international justice. Faculty members, such as Sandra Babcock litigating on the death penalty and the rights of the detained, Bridget Arimond pressing cases under the Alien Torts Claim Act, and Stephen Sawyer teaching international law in innovative ways, all stand out. And David Scheffer, who did so much to build the international and hybrid systems of the 1990’s, continues to have worldwide influence as he focuses research on the prosecution of atrocity crimes and associated jurisprudence. It’s really a great honor to be standing here in this room. Well, MacArthur has played a role, indeed, and I want to say a little bit about that now. Since our first grant to Amnesty International in 1978, the Foundation has invested 300 million dollars in supporting 600 organizations in 90 countries around the world working to defend human rights and build a system of international justice. We have supported the global institutions, such as Human Rights Watch or INTERIGHTS, but also the small local groups, such as Tlachinollan in Mexico, Public Verdict in Moscow, and the Legal Defence and Assistance Project in Nigeria, organizations that work on the frontlines against discrimination, police abuse, repressed freedoms, such as lack of due process, and all the rest. Grantees such as Access to Justice in Nigeria, the Blacksoil Center for the Protection of Media Rights in Russia, and Pro Juarez center in Mexico prepare cases for regional courts, setting important precedents and winning compensation for victims. And at the center of this emerging global system is the ICC. I know that David Scheffer, who 3 signed the Rome Statute on behalf of the U.S. here, shares our view of the Court’s importance and looks forward to the day, and let’s hope it’s a day in the near future, when America honors its commitments.
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