Download The Prosecutor and the Judge: Benjamin Ferencz and Antonio by Heikelina Verrijn Stuart, Marlise Simons PDF

By Heikelina Verrijn Stuart, Marlise Simons

Earlier this 12 months, the Praemium Erasmianum origin bestowed its annual award—the Erasmus Prize—on Benjamin Ferencz and Antonio Cassese, pioneers within the box of foreign legislations. Ferencz, a number one American prosecutor, writer, and lecturer, used to be current on the American battle crimes trials in Dachau and was once the executive prosecutor within the Einsatzgruppen trials in Nuremburg. Like Ferencz, Cassese was once a key determine within the improvement of overseas legal legislations, serving because the first president of the foreign legal Tribunal for the previous Yugoslavia and president of the eu Committee for the Prevention of Torture, and chairman of the UN fee of Inquiry into Violation of Human Rights and Humanitarian legislations in Darfur. Cassese is presently the president of the targeted court docket for Lebanon.

In The Prosecutor and the Judge, Heikelina Verrijn Stuart and Marlise Simons offer in-depth, revealing interviews with those advocates of foreign legislations. Supplementing the interviews are a number of key articles written through Ferencz and Cassese that spotlight the 2 men’s achievements and set the improvement of foreign legislations in context.

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So Boutros-Ghali phoned Mandela. Mandela agreed to lend Goldstone to the tribunal for just two years. And so a few days later, Boutros-Ghali had a proposal for the icty chief prosecutor. The Security Council adopted it unanimously. That Friday evening at 8:00, I got a phone call that Goldstone had been appointed. I was all alone in the tribunal, and I typed – very badly because I couldn’t use the computer very well – a letter to all the judges who were away in their own countries, in Texas, in Australia and so on.

That is a clear responsibility, we let it happen after the Holocaust. We knew it was going to happen, or a good chance that it would, and we did nothing. Our failure to condemn aggression, I put that in the same category. We are encouraging this. We have the means to stop aggression, and we don’t. So where is our responsibility? Q: We have many laws but without courts to enforce them. And there are courts without powers to enforce the law. Is that proof that international treaties and courts are no more than good intentions and political posturing?

It was troubling that some were more concerned with their own prestige than with the gravity of the issues. And they would not put up any money because they did not quite believe the efforts would work. There was just enough to pay my salary. So I borrowed money from General Clay, Commander-inChief of all us forces in Europe. I asked him for a loan from the American share of the Occupation funds. Later, I also borrowed money from McCloy, who succeeded him as us High Commissioner. In the end, McCloy even cancelled the debt for the Jewish victims.

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