South African Justice Richard J. Goldstone engaged both Tufts and Fletcher students and professors last night in a discussion about the future of international criminal justice and the potential for the United States to play a role in it.
"My optimism for the future of international criminal justice flows from the very short history of international criminal law, which of course is only about 60 years old," he said. Goldstone then detailed the history of international criminal justice to its origins in the Nuremberg Trials following World War II.
"It was the tremendous legacy of Nuremberg that gave birth to international criminal justice," he said. "And throughout the development of international criminal justice, it was the United States of America that was responsible for its development and growth."
Goldstone's own career experience has also contributed to the development and growth of international criminal justice. In his legal career, Goldstone has taken on the role of judge, professor and international consultant, but is best known for his years of service as the former Chief Prosecutor for the United Nations (U.N.) International Criminal Tribunals for the former Yugoslavia and Rwanda.
"The law has had to keep being updated because people hadn't before contemplated crimes of a massive nature," Goldstone said. He listed the idea of international rights conventions and universal jurisdiction as additional elements that were for a long time. "Unthinkable ... yet here it was, happening," he said.
In 1993, the United Nations Security Council (UNSC) set up the first ever international criminal court in Yugoslavia (ICTY), a move that Goldstone said was "a huge spur" for international law. Again, Goldstone said he credits the United States for enabling this endeavor and the Rwandan tribunal (ICTR) a year later. "Without U.S. financial clout, the ICTY and ICTR would never have got going," he said.
But the crux of his speech, and subject which seemed to engage most of the audience's interest, was how the lessons and legacy of the recent past may be successfully applied in Sudan's Darfur region. Goldstone began this discussion by addressing the International Criminal Court (ICC).
"During the Clinton administration, it's fair to say the United States perspective was that the International Criminal Court was a good idea for the rest of the world, but not for us," Goldstone said.
But this changed under the Bush administration, which unsigned the Rome Statute of the International Criminal Court in 2002, with a letter of notice drafted by John Bolton, President George W. Bush's current nominee for ambassador to the U.N. "Bolton said that sending that letter - unsigning - was the happiest day of his life," Goldstone said.
"From a legal point of view, it was appropriate for the Bush administration to give public notice that it was no longer going to recognize the signature to the International Criminal Court," he said. "Obviously I'm highly critical of that step being taken. But not of how it was done."
Currently, there are 139 signatories to the Rome Statute of the ICC, and 90 countries have ratified it. There have been four cases presented to the ICC, all of which come from Africa.
Fletcher student Jane Kembabazi asked whether the reason for this geographical concentration spoke of some weakness in African judicial systems.
"I would like to think it's a credit to the Africa leaders' concern," Goldstone said. "It's a recognition by them that their courts and authorities can't handle it," he said, "and that admission is much to their credit."
Goldstone also said that he would recommend the African Union (AU) consult with the ICC, especially in the case of Darfur, in order to extend the reach of the trials. "The ICC can put very few people on trial, and they're going to go for leaders," he said. The AU, however, could encourage and sponsor courts in the Sudan, or Nigeria, to prosecute other, less high-profile criminals.
"Trials should be held nearer to Darfur than the Hague," he said. "I think it would be unfortunate if these trials were held in Europe."
While the United States has remained a persistent objector to the ICC, it nonetheless decided against employing its veto over that issue in UNSC debates over Darfur, and abstained from the vote instead. "Darfur really created the biggest diplomatic, foreign policy and legal dilemma for the Untied States," Goldstone said.
Goldstone said he supports the United States, especially Colin Powell, for the "courageous step" in declaring Darfur to be genocide, and declared himself "optimistic that one day in the not too distant future," the United States will choose to participate in the international criminal justice system again. He said that serious efforts should be made to bring the United States back into the fold.
"In my view, [U.S. concerns] should be dealt with sympathetically, because in my view, it's worth getting the United States on board," he said. "It's my hope that the United States will again lead the international community by its values, and not only by its power."
Goldstone's lecture took place in the ASEAN auditorium in the Fletcher School.
