Visiting The Hague and the ICC

On Monday, May 23, we had the opportunity to receive an orientation to the International Criminal Court (ICC) and sit-in on part of the trial of Jean-Pierre Bemba Gombo. Mr. Gombo is accused of crimes against humanity and war crimes committed in the Central African Republic. We received substantive orientation from Eleni Chaitidou, an attorney who works for one of the ICC's 18 judges and Antonia Percira de Sousa of the Prosecutor's Office. We also were impressed when on the way through security, the Prosecutor, Luis Moreno-Ocampo walked up behind us and declined the guards offer to jump ahead of us. Mr. Moreno-Ocampo said, “I don't want to chest!”

Ms. Chaitidou provided a quick overview of both the court's limited jurisdiction to serious crimes committed in member states or by their subjects since the court became active, with the exception of referrals from the U.N. Security.Council. Her review of the court's efforts to protect witnesses became good preparation for the trial we were to observe, since the entire time we wee in the court room, the witness was shielded by curtains.

Ms. de Sousa provided a great overview of some current cases facing the court, including Libya and Sudan. Coincidently, our visit came as news arrived that Sudan troops became engaged in military action against the south. The attacks, organized by the leadership already indicted by the ICC confirms the ICC is attempting to address the right problems.

In the afternoon, we met with staff of the Committee for the ICC. We discussed the continuing need to work to win the best possible U.S. support for the work of the ICC. The decision by the U.S. Supreme Court to review a Court of Appeals decision NOT to review rendition cases on the grounds of protecting national security, makes clear the great need in the U.S. to consider renewal of the country's earlier leadership role in support of human rights. It is the goal of this class to find ways to restor that leadership. We need to resume the tradition of the founders, as reflected in the inclusion in the Constitution of the power to enforce the Law of Nations [and confirmed when the first Congress passed the Alien Tort Claims Act (ATCA)]. Of course, the nation's leadership at Nuremberg and later in the creation of the Universal Declaration of Human Rights built on that stellar legacy. Now we see the country embarrassed by failures of the courts to prevent torture.

As we write this summary on Tuesday morning, May 24, the International Herald Tribune's lead editorial attacks the Supreme Court's failure in the rendition cases. Of the Appeals Court reasoning, the Tribune added, “[The Court] should not have allowed this nonsense to stand.” That decision makes all the more our ceremonial visit to Nuremberg on Tuesday. Americans need to celebrate and defend the legacy of that process. More after we visit Nuremberg . . .