THE LL OYD N. CU tl ER LE ct URE on the RU L E OF LAW The Rule of Law: Indispensable Pre-Requisite 1828 L Street, NW Schloss Leopoldskron for Democracy Eleventh Floor P.O. Box 129 Washington, DC 20036 USA 5010 Salzburg, Austria Justice Richard J. Goldstone +1 (202) 467-8864 +43 (662) 839830 November 9, 2009 www.SalzburgGlobal.org The Phillips Collection Washington, D.C. RICHA R D J. GOLDSTONE PR O gr AM ichard J. Goldstone is an international jurist and legal scholar who Welcome B. Thomas Mansbach has a distinguished record of service both to his native country of Chair, Advisory Board RSouth Africa and the larger global community. His legal studies were completed at the University of the Witwatersrand in 1962, and over three Lloyd N. Cutler Center for the Rule of Law decades he served as Judge of the Transvaal Supreme Court, judge of the Appellate Division of the Supreme Court and, for nearly a decade, Remarks Justice Sandra Day O’Connor Justice of the Constitutional Court of South Africa. From 1991 to 1994, he led the South African Commission of Inquiry Regarding Public Violence Member, Advisory Board and Intimidation. Lloyd N. Cutler Center for the Rule of Law In 1994, he was appointed Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda. Introduction Stephen L. Salyer He later led the International Independent Inquiry on Kosovo. More President and Chief Executive Officer recently, he was appointed by the Secretary-General of the United Salzburg Global Seminar Nations to the Independent International Committee that investigated the Iraq Oil for Food Program and, earlier this year, he led the UN Fact Finding Mission on Gaza established by the President of the UN Cutler Lecture The Rule of Law: Indispensable Pre-Requisite Human Rights Council. He co-chaired the International Bar Association’s for Democracy International Task Force on Terrorism and now serves as co-chair of its Human Rights Institute. He has held visiting appointments in the law Justice Richard J. Goldstone schools of Harvard, Georgetown, and New York Universities and, at present, Fordham University. Discussion Justice Goldstone In the mid-1990s, Justice Goldstone was invited by Lloyd Cutler to Judy Woodruff join the Faculty of a law seminar, Human Rights: An International Legal Senior Correspondent, The NewsHour Perspective, and he has returned to Salzburg to participate in numerous law programs since. He was instrumental in the founding of the Institute for Historical Justice and Reconciliation, initially based at the Seminar Appreciation Stephen L. Salyer and now an independent institution based in The Hague, and chairs its Board of Directors. Reception in the Music Room Galleries of The Phillips Collection. Justice Goldstone serves on governing and advisory boards of numerous legal and educational bodies, including the Salzburg Global Seminar, The President and Board of Directors of the Salzburg Global Seminar and has been the frequent recipient of honorary degrees and special express their gratitude to B. Thomas Mansbach for his generous contributions awards. In recognition of his instrumental role in building the emerging to make this Inaugural Lecture event possible. international system of justice, he received the 2009 MacArthur Award for International Justice. 1 2 ABOUT LLOYD N. CUTLE R AND THE LLOYD N. CUTLE R CENTE R FO R THE RULE OF LAW LLOYD N. CUTLE R CENTE R FO R THE RULE OF LAW ADVISO R Y BOA R D loyd N. Cutler (1917–2005), who has been described as the last “superlawyer,” had a brilliant legal career. A founder of the Washington, D.C.L law firm, Wilmer Cutler & Pickering, and White House Counsel to B. Thomas Mansbach, Chair Anthony Kennedy two U.S. presidents, he fulfilled the calling of a public servant over his lifetime as he was repeatedly nominated for, and accepted, appointments Bailey Morris-Eck, Co-Chair Eva Nowotny in Democratic and Republican administrations and a vast array of Stephen L. Salyer, Sandra Day O’Connor charitable, educational and legal organizations that he led and supported. President of the Seminar Hisashi Owada He was a long-time champion of the Salzburg Global Seminar, serving Deval Patrick as chair of its Board of Directors for a decade. Believing passionately in Zoë Baird the role that law plays in nation building, and in the ability of the law Peter Peterson and legal experts to contribute solutions to the world’s most pressing Stephen Breyer Fernando Pombo challenges, Lloyd Cutler was able to attract to the Seminar high court Louis Cohen Whayne Quin judges from around the world. In addition, he was personally committed Mark Ellis to ensuring that promising young international lawyers, academics and Alice Rivlin jurists had access at the Seminar to a rich variety of judicial traditions, Jonathan Fanton John Thomas Smith, II international legal institutions and the international legal community Richard N. Gardner Theodore C. Sorenson at large. Today, the Seminar remembers him not only for his intellectual Ruth Bader Ginsburg brilliance, but for his commitment to advancing respect for the law as a Sonia Picado Sotela tool for resolving the tough issues of our times. Richard Goldstone Paul Volcker C. Boyden Gray To continue this work and as a lasting tribute to the Cutler legacy, the William H. Webster Seminar has established the Lloyd N. Cutler Center for the Rule of Law. Bianca Jagger James D. Wolfensohn Under the Center’s auspices, the Lloyd N. Cutler Lecture on the Rule of Law will be presented annually in Washington, D.C., and will feature a distinguished speaker on a vital legal issue of international interest. Additionally, the Cutler Center will convene Rule of Law seminars in Salzburg, sponsor the Lloyd N. Cutler Fellowship Program and develop an ongoing series of web-based projects to highlight and engender debate on important international legal issues among emerging leaders. Lloyd Cutler’s influence on people and institutions is felt in the United States and around the world. In his tradition and in his name, the Salzburg Global Seminar continues to advance the Rule of Law. With mission, focus and global connections equal to Lloyd Cutler’s interests and concerns, and with the support of his friends and colleagues worldwide, his commitment to the Rule of Law will endure. 3 4 ABOUT THE SALZBU rg GLOBAL SEMINA R SALZBU rg GLOBAL SEMINA R BOA R D OF DI R ECTO R S he Salzburg Global Seminar was founded in 1947 to encourage intellectual re-engagement in post-war Europe. From that first Tsummer school a year-round program emerged and has produced hundreds of seminar sessions involving more than 27,000 participants. During the Cold War, Salzburg provided a neutral meeting ground Walter Massey, Chair Michael Hoffman for Eastern and Western Europeans and Americans to openly explore Daniel Fung, Vice Chair Thomas Korossy contending ideas. More recently, it has become a global institution comprised of diverse Faculty and Fellows drawn from all regions of the Heather Sturt Haaga, Vice Chair Philip Lader world. Seminar events convene at Schloss Leopoldskron, an 18th century Eva Nowotny, Vice Chair Erika Mann castle in Salzburg, Austria that was home to Max Reinhardt, co-founder Herbert Gleason, Secretary Bailey Morris-Eck of the Salzburg Festival, from 1918 to 1938. Marina v.N. Whitman, Treasurer Ewald Nowotny MISSION Stephen L. Salyer, President Donald O’Neal The Salzburg Global Seminar challenges present and future leaders to Gilbert Omenn develop creative ideas for solving global problems. Ernest Bates Michael Palliser VISION Laurens Jan Brinkhorst Christopher Patten As a leading international center addressing global problems, the Chung Mong-Joon Christian Prosl, ex officio Salzburg Global Seminar relies on its independent status to support a William Eacho, ex officio John Richardson non-ideological approach in its programs. Its projects involve leading Bill Emmott Walter Rothensteiner thinkers and partner institutions from around the world. While its modern campus in central Europe anchors its work, the Seminar’s expert Barry Fulton Elif Sözen-Kohl networks, projects, research and meetings span every region of the world. Wilhelmine Goldmann Randal Teague Richard Goldstone Catherine Wills RESOURCES The Salzburg Global Seminar draws on a worldwide network to develop and execute projects and to identify experts, emerging leaders, and partner institutions. Financial support for programs comes from grants and gifts from foundations, corporations, government agencies and individuals, as well as program fees and endowment earnings. 5 6.