“Hunger for Justice:” A Tale of Three Cities

 

Berlin, Germany—September/October 2007

It is the most indescribable feeling to walk on the same cobble-stoned streets where soldiers once marched to the cry of Heil Hitler! over sixty years ago as you make your way to the Berlin Parliament—the quietly grand and beautiful Abgeordnetenaus—to participate in a conference dedicated to the International Criminal Court’s (ICC) fight against impunity for the world’s worst crimes. It is nothing short of marveling awe as you recall the recent history of today’s breathtakingly diverse, bold, and beautiful Berlin—a city once torn in two with a divisive, glaring Wall separating East and West after World War II. It is simply astounding to see this city—once the headquarters of the Nazi government responsible for the calculated mass slaughter of millions—now the proud and deserving second home of international justice (IJ). For those of you who asked me why the conference on the ICC’s challenges and successes was being held in Berlin (as opposed to IJ’s first home—The Hague), I can only say that Germany’s capital city is living proof of the advancement of international law and justice.

And where are we—Americans—on the advancement of IJ? Has the U.S. shifted its reactionary and counterproductive policy toward a now adolescent ICC? That was, essentially, the topic of my speech at the Berlin Conference. Imagine trying to explain to a hall full of international organizations, civil society leaders, and German officials why the U.S. government, once responsible for the Nuremberg Trials prosecuting Nazis for their crimes, is now a challenge to a Court that is the natural and necessary evolution of Nuremberg. Not a simple task. Far less simple with only twelve minutes at the podium.

As promised, I emailed a number of you snippets of my speech. I will not regurgitate it here—I have made my position and supporting analysis of whether the U.S. is in fact shifting its policy toward the ICC clear in previous blog entries. Sufficed to say that my goal in Berlin surpassed a simple explanation of U.S. foreign policy. I was far more eager to articulate a fundamental truth that seldom makes it past the alienating foreign policies our government enforces in the IJ world: when it comes to the American public, there is majority support for the ICC. There is recognition of our moral backsliding, in particular in the years following September 11, 2001. And above all else, in the moving and eloquent words of ICC Judge Hans Peter Kaul on the last day of the Berlin Conference, there is a hunger for justice.

As I said in Berlin, I believe the American people are not only passionate but equally compassionate. We too are showing a ferocious appetite for peace, justice, and accountability. Engage us on the crises Darfur or Northern Uganda and you will experience our resolve and compassion. Galvanize us through targeted advocacy and you see our empathy and action. Challenge us and behold a people who are not willing to give up on their country’s once proud commitment to the rule of law. After trekking through the political analysis, I wanted the audience to know that if our current Administration has thus far failed to grasp the common goals and values that the United States has historically shared with those of the ICC, this has been far less the case with the American people, and increasingly, members of the 110th Congress who represent them.

Washington, D.C.—November 2007

Fall is by far the most beautiful season in Washington, D.C. One need only take in the rich colors of falling leaves amidst the dizzying aesthetic juxtaposition of national monuments, quiet, rowhouse-lined streets, a bustling downtown, and an ever calm Potomac River to see why this short lived season beats a universally admired, cherry blossom-adorned spring.

Never has there been a more exciting fall in D.C. for an IJ advocate. In Berlin I had announced to the audience that the 110th Congress was on fire. Upon my return to D.C., I was happy to see I had not overstated the case to my European peers. All year we have seen Congressional leaders push for a number of bills including but not limited to the Child Soldier Prevention Act, the Darfur Accountability and Divestment Act, and the Genocide Accountbility Act; introduce and co-sponsor a resolution calling for the recognition of the Armenian Genocide (more on this soon); and hold a slew of Congressional hearings tackling questions such as, why are such a large number of war criminals (that’s right—war criminals) living and prospering in the U.S.? (my guess: palm trees + no domestic laws to end impunity = great place to retire).

Regardless of which side of the Atlantic we’re on, it looks like this fall the prevailing trend is a renewed call to fight the good fight: the fight against impunity. In the equally eloquent words of Senator Dick Durbin who chairs the Senate Judiciary Committee’s Human Rights and the Law Subcommittee,

“Repressive regimes that violate human rights create fertile breeding grounds for suffering, terrorism, war, and instability. In our time, the world is a much smaller place, and the social ills caused by human rights abuses know no borders. We will never be truly secure as long as fundamental human rights are not respected.”

New York, New York—December 2007

Comprised of one delegation from each country that has joined the Court, the Assembly of States Parties (ASP) currently boasts 105 ICC member states and serves as the Court’s oversight body. Since the Court’s inception in 2002, the annual ASP meeting has been held in The Hague, Netherlands, where the Court sits. This year it’s being held in right here in the U.S., at the United Nations (U.N.) in another seminal IJ city: New York. For the next two weeks, my IJ colleagues and I will join government delegates from over 150 countries to participate in an ambitious agenda adopted by this 6th ASP. From the election of three new judges to kick-starting the work of the Trust Fund for Victims, preparing for the highly anticipated Review Conference to take place in 2009, and fittingly, addressing US-ICC relations, this ASP embodies the urgent energy we all feel as the Court grows, Americans prepare to vote, and the world waits to welcome a new year with the greatest promise of justice yet.

Before the holiday rush sets in and dinner parties take precedence over political will, I hope you take a moment and reflect on the significance of this past year. With the imminent arrival of 2008, we will once again have the opportunity to demand our voices be heard on Capitol Hill and at the White House. If we are sincere in our efforts to end the genocide in Darfur—if we are genuine in our outrage when we see children with amputated limbs in war-torn Congo—if we truly believe that the U.S. must contribute to future IJ successes, not challenges, then we need to ensure that this hunger for justice we feel does not fall to the wayside amidst the frenzy of elections and party politics next year. Many of the presidential candidates have made positive and promising references to justice, accountability, and the ICC—let’s make sure these references turn into an unwavering resolution to reunite us with the rest of the world on a cause that we should have been championing all along.

I wish you all a safe, peaceful, and beautiful fall.

 

 

 

 

 

 

 

 

 

 

Goose Bumps

We seem to hear the word “prosecutor” all the time here in the U.S. and our connotation of the word is seldom a positive one. Maybe it’s because names like Johnny Cochran, Kenneth Starr, and Mike Nifong end up on the six o’clock news on a far too frequent basis. But the often controversial reputations of individual prosecutors here in the States aside, being in charge of “putting the bad guys away” is not exactly easy. It’s even more challenging if, say, you’re a prosecutor in your early twenties and your very first case involves trying a group of war criminals for genocide. Or if you can’t picture that, imagine you know who the bad guys are, you have evidence of their crimes, and witnesses are eager to testify, but you don’t have a police force to actually arrest them. That would be like a Law and Order episode ending with the characteristically somber investigators walking away from the suspects they tried so hard to nab because the NYPD doesn’t answer to them. Tough job indeed.

Henry T. King Jr. is both an extraordinary and ordinary American.  He is extraordinary in that at 88 years of age, he is still the embodiment of the kind of fierce idealism that keeps us in humbling awe and admiration. And yet Mr. King is also incredibly ordinary—he is like every American who believes that rule of law, justice, and accountability are not just side issues that come and go with terms in office, but rather a core set of values upon which this country was built. Mr. King reminds all of us that sixty two years after the Nuremberg Trials, Americans still champion justice and accountability. This remarkable man is one of three surviving prosecutors who made history by trying Nazi criminals for the horrors of the Holocaust during World War II. That should get the hair on the back of your neck raised. Get ready for the rest of you.

Luis Moreno-Ocampo must wonder why a country that can boast of its Nuremberg legacy has taken such a bizarre, hyper-sensitive position vis-à-vis the International Criminal Court (ICC), where he’s employed as the Chief Prosecutor. A native Argentinean and the ICC’s first Prosecutor, Mr. Moreno-Ocampo has spent the last five years building cases against the leaders of the Lord’s Resistance Army in Northern Uganda, rebel warlord Thomas Lubanga Dyilo of the Democratic Republic of Congo, and two Sudanese suspects accused of perpetuating the Darfur genocide.

And Mr. Moreno-Ocampo remembers, like many international justice (IJ) advocates, a different (yet equally political) era where the U.S. didn’t make undermining the existence and functioning of the first ever international criminal court an actual foreign policy objective. But Mr. Moreno-Ocampo’s job is particularly hard—not because it’s a little difficult to gather evidence and interview survivors in four different countries. Or because the ICC is still young and there is too much to do with too little time, money, and staff to do it (notwithstanding their laudable efforts). No, Mr. Moreno-Ocampo faces a far greater challenge that would probably make most prosecutors retire to private practice: he doesn’t have a police force to execute the arrest warrants he issues.

What do I mean, you ask? Put simply, when the ICC’s treaty was negotiated back in 1998, the majority of countries (the U.S. included) decided that giving the ICC a police force would be conceding too much power. Instead, the ICC relies on member states and the international community at large to carry out arrest warrants of the world’s worst criminals. What happens if countries don’t step up or are committing the atrocities themselves? Well, then you get the sickening story of Ahmad Harun, the Sudanese Minister (of Humanitarian Affairs!), strolling through the same Darfur villages that he orders burned and their inhabitants raped, tortured, and killed.

Being an international justice nerd, I always wondered what it would be like if the world’s prosecutors—past and present—came together and said enough. Enough to genocide. Enough to pre-adolescent kids being forced to fight on the front lines as child soldiers. Enough to rampant sexual violence against women in conflict. And enough to time ticking as we all watch and do nothing. This past week, nine remarkable men with the toughest job in the IJ world did just that—they gathered at the First Chautauqua Conference in New York and issued the Chautauqua Declaration. So as to ensure my promise of goose bumps, I’ve taken the liberty of pasting (and bolding) the Declaration below (courtesy of the American Society of International Law(ASIL)).

The Assembled International Prosecutors, both Past and Present

Celebrating the 100th anniversary of the Hague Rules of 1907;

Remembering the legacy of our Nuremberg colleagues;

Recalling the principles of Nuremberg;

Noting the importance of the rule of law in facing down impunity;

Understanding the need for a family of nations united for peace;

Appreciating that the legal tools are now in place to prosecute those who bear the greatest responsibility;

Aware of the need to seek justice efficiently and effectively;

Noting that international humanitarian law still remains the cornerstone to controlling international and internal armed conflict;

Recognizing that both truth and justice create sustainable peace;

Highlighting that justice is not an impediment to peace, but in fact is its most certain guarantor;

Now do solemnly declare to the world  

That ending impunity by perpetrators of crimes of concern to the international community is a necessary part of preventing the recurrence of atrocities.  

That it is no longer about whether individuals agree or disagree with the pursuit of justice in political, moral or practical terms; now, it is the law.

That the challenge for States and for the international community is to fulfill the promise of the law they created; to ensure the arrest and surrender of individuals sought; and in that light;

That Ratko Mladic, Radovan Karadzic, Felician Kabuga, Joseph Kony, leader of the Lord’s Resistance Army in Uganda, Ahmed Harun,  the Sudanese Minister who organized the system of persecution and attacks against the civilians in Darfur, and all others not listed here and are sought by international justice, be arrested and  surrendered to the appropriate court, tribunal or chamber;

That States are reminded of the words of Martin Luther King Jr. that “the arc of moral justice is long but it bends towards justice.”

That the world community take note of the words of Justice Robert H. Jackson at Nuremberg: “We are able to do away with domestic tyranny and violence and aggression by those in power against the rights of their own people only when we make all men answerable to the law.”

You’d have to be made out of stone not to feel the singular weight of this Declaration. It is the culmination of a century of international justice norms, mechanisms, and advocates. It captures the voices of three generations of hope, idealism, and an unwavering commitment to making “Never Again” a reality. True, the Declaration won’t make the Ahmad Haruns of the world appear in a cell in The Hague tomorrow. But something tells me if these nine men have anything to do with it, judgment day for the world’s most violent war criminals is a lot sooner than we think.  

But as remarkable and committed as the prosecutors are, they alone cannot fight and win against the kind of evil that leaves millions of innocent civilians in conflict displaced, starving, or dead. Thousands of miles away from the ICC and other international tribunals, we have to do our part too—it’s September and school isn’t the only thing back in session. The U.S. Congress will resume its legislative activities after the Labor Day weekend, and this fall is bound to be a flurry of activity on Capitol Hill. To that end, here are two quick and easy things you can do to stay informed, push for more constructive IJ policies, and make sure your voice is heard in D.C.:

1. Check out the website(s) of your presidential candidate(s) of choice and see if they support the ICC and core IJ laws such as the Geneva Conventions. If they don’t, send them an email—now is the time to get their attention on issues that matter.

2. Call your Representatives in the House and ask them to support the passage of the Genocide Accountability Act of 2007—a bill that will (finally) allow the U.S. to prosecute those who have committed genocide in other countries and are currently on U.S. soil. Click here for Senator Durbin’s summary of the Act and its implications if passed.

Some of these prosecutors are in their eighties. Some of them have stared into the eyes of the world’s most brutal war criminals. All of them still fight for a world free of war crimes, crimes against humanity, and genocide. So should we.

For news articles on the Chautauqua Conference and Declaration as well as Mr. King’s criticism of counterproductive U.S. policies on key IJ issues, check out IJ Wire.

Time to Follow Brian on Darfur

When I met Brian Steidle in late 2005 at a conference in Santa Fe, New Mexico, I was struck by the singular gravity in his countenance. It seemed as if the collective anguish of an entire population thousands of miles away was etched in his quiet, earnest face. Brian had good reason to be somber: he had witnessed the Darfur genocide firsthand the year before.

Located in the Western part of Sudan, the Darfur region was once home to six million inhabitants known as the Fur people. By 2004, this previously unfamiliar place gained international infamy as an area devastated by a relentless, state-sponsored campaign of ethnic cleansing. Since January 2003, gangs of militia called the Janjaweed (meaning “men on horseback” in Arabic) have razed thousands of villages, systematically raped women and girls, stolen livestock and other forms of livelihood, and mutilated and killed men and boys. As many as 500 Darfurians die each day. Since the violence began, 400,000 Darfurians have been killed by the Janjaweed and 2.4 million have been displaced (often in neighboring and equally fragile Chad). Millions more are vulnerable to starvation and disease. Add up all the numbers and you’re left with nearly every person in an area the size of Texas affected by the violence.

The Sudanese government has long denied any involvement in the Darfur atrocities, but the international community knows otherwise. Still, for the first few years of the crisis, there was no solid proof of collaboration between the Sudanese government and the Janjaweed. That all changed this past spring—the International Criminal Court (ICC), which has been investigating the Darfur atrocities, has made a critical evidentiary link between Janjaweed leaders and the Sudanese government officials who support their crimes.

A U.S. Marine at the time, Brian went to Darfur in 2004 as one of three unarmed American observers accompanying the African Union’s (AU) understaffed and overstretched monitoring force on the ground. Once there, Brian took hundreds of pictures to document what he was witnessing: everyday Darfurians killed, maimed, or haunted by the death, mutilation, and murder of neighbors and family members. When he came back to the States, Brian brought the images with him and set out on a nationwide campaign to show his pictures and compel his own people and government to act. Last week a new documentary by Annie Sundberg and Ricki Stern of Break Thru Films was released, aptly titled “The Devil Came on Horseback”(you absolutely m.u.s.t. click on this link). The film captures Brian Steidle’s remarkable journey and shows audiences why Brian’s countenance is far more serious than most people his age. As for the rest of us, the film serves as a stark reminder of just how little has been done to stop a genocide that has gone for longer than a U.S. Presidential term.

Many Americans have followed in Brian’s footsteps. American students, journalists like Nicholas Kristof, activists, actors such as George Clooney, Mia Farrow, and Don Cheadle, and even officials like New Mexico’s governor (and Democratic Presidential candidate) Bill Richardson have traveled to Darfur and continue to galvanize American support to end the Darfur genocide. There are also grassroots organizations such as the Genocide Intervention Network (GI-Net) that work tirelessly to raise Americans’ awareness and push for concrete action on Darfur. With so many Americans seemingly engaged, why has the once emphatic promise of Never Again been reduced to over and over again in Darfur?

President Bush has referred to the ongoing atrocities in Darfur as genocide. But neither he nor his Administration has matched efforts such as Brian’s in the fight to end the Darfur crisis. In fact, some Administration actions have seemed downright shameful in the face of such violence and suffering.

In March 2005, over two years after the violence started, the United Nations Security Council (UNSC), on which the U.S. has a permanent seat, was preparing to consider referring the Darfur situation to the ICC under Chapter VII of the UN Charter and Article 13 of the ICC’s Rome Statute. A recently obtained Freedom of Information Act (FOIA) request suggests that the Administration went out of its way to keep the ICC referral option off the table due to its opposition to the Court. When its efforts failed to pay off with both its European and African counterparts, the Administration was faced with either vetoing the resolution or putting its dislike of the ICC aside long enough to give Darfurians a real shot for justice and accountability at the Court. In the end, the U.S. abstained from the vote altogether, along with permanent member China and rotating members Algeria and Brazil. Resolution 1593 passed on March 31, 2005, enabling the first-ever permanent international criminal court to do what no one has thus far done for Darfur: go after those most responsible for the worst atrocities.

Since the March 2005 referral, the ICC has conducted a painstaking investigation of the Darfur atrocities, often from refugee camps in neighboring Chad (the Sudanese government won’t allow Court officials in Darfur for obvious reasons). This past spring marked a milestone for Darfur as the ICC issued two arrest warrants for Ahmad Harun, a Sudanese Minister (of humanitarian affairs, no less) and Janjaweed leader Ali Kushayb. The men are accused of committing 51 counts of war crimes and crimes against humanity against the people of Darfur. And the investigation has just started gaining momentum. Chief Prosecutor Luis Moreno-Ocampo has made clear that he will go wherever the evidence takes him. Most importantly, Mr. Moreno-Ocampo has presented evidence that clearly links Harun and Kushayb in crimes committed between 2003 and 2004, meaning that the Sudanese government is complicit, if not outright orchestrating, the Darfur genocide.

Notwithstaning public declarations of the Darfur atrocities as genocide, senior Administration officials have failed to prioritize Darfur in U.S. foreign policy. A case in point: In 2006, U.S. officials met with Senior Security Minister Salih Gosh at least once on U.S. soil to discuss Sudanese cooperation with the Administration’s “war on terror” abroad. Mr. Gosh lucked out—the Genocide Accountablity Act that would have likely allowed for his capture and prosecution by U.S. courts was only introduced this year and has yet to pass the House of Representatives. Mr. Gosh is widely believed to be the No. 2 in command in Sudan and deeply involved in the ongoing campaign of ethnic cleansing in Darfur.

Last week the UNSC finally passed a long overdue resolution authorizing a 26,000 member strong hybrid UN/AU force to be deployed to Darfur. The catch? No cooperation with the ICC on executing its arrest warrants against Harun, Kushayb, and any perpetrators identified in the future. While the much stronger hybrid UN/AU force is sorely needed on the ground, the resolution has come at a maddeningly slow pace and has lacked any strong leadership from the Administration. Indeed, the Administration has dragged its feet on Darfur for so long that the use of the G-word by President Bush rings hollow and seems terribly disingenuous in light of the ongoing violence. Even as the Darfur case is at the ICC, the U.S. has done little to assist the Court and show a true commitment to ensuring peace, justice, and accountability for Darfurians. Simply put, the Administration’s largely discounted, highly counterproductive policy toward the ICC has resulted in a mind-boggling “come to us approach” executed in large part by the Department of State. Of course this isn’t the official Administration position—after all, Mr. John B. Bellinger III, the Legal Advisor to the Secretary of State, has recently been credited with expressing U.S. “openness” to Darfur-related U.S. assistance to the ICC. But in between the lines is the unofficial truth when it comes to U.S. support (of which there has been none thus far) on the ICC’s Darfur case. Pay close attention to the words I’ve bolded in an excerpt from a recent speech Mr. Bellinger gave in The Hague, the Netherlands:

“We did not oppose the Security Council’s referral of the Darfur situation to the ICC, and have expressed our willingness to consider assisting the ICC Prosecutor’s Darfur work should we receive an appropriate request.”

Mr. Bellinger, Darfurians don’t owe us a thank you for not vetoing the ICC referral. By abstaining from the vote, we only succeeded in showing the world that we are more paranoid about an ill-conceived threat from the ICC than we are committed to universal principles of justice, fairness, and accountability. And Darfurians definitely don’t have time for the “come to us” approach we’re favoring these days. This is a genocide, not a game of political strategery. The ICC is a legal body, not a political institution. That means that we should assist the ICC investigation in any way we can—from turning over satellite imagery of the Janjaweed’s aerial bombardments of Darfur villages with Sudanese government gunships to re-prioritizing the conflict as a whole in our foreign policy.

Even the staunchest ICC opponents must concede that specific assistance on the Darfur case is not the same as blanket approval for the ICC as an institution. With the Sudanese government transplanting new populations in place of the ones it has slaughtered in Darfur, time and evidence is running out. Did we not swear Never Again after World War II and the Rwandan and Bosnian genocides? How many more deaths must there be before our government’s inaction makes us complicit in genocide?

Thankfully, Congress has been much more proactive in addressing and redressing the Darfur crisis. Last week, with the help of groups like GI-Net, the House of Representatives passed the Darfur Accountability and Divestment Act (DADA) with 152 co-sponsors and a vote of 418 to 1 (don’t ask about the lone dissenter—(s)he gets to stay anonymous). GI-Net summed up the Bill best in its July 31st press release:

[…]this bill will authorize and protect states that divest from the culpable companies that support the genocidal government of Sudan and refuse to change their behavior..Despite existing bans prohibiting U.S. companies from conducting business operations in Sudan, institutions and even individuals throughout the United States are indirectly fueling the genocide by investing in foreign companies complicit in the bloodshed. The Darfur Accountability and Divestment Act will establish a federal list of the culpable foreign companies to better inform Americans regarding their investments. Furthermore, the bill forbids the U.S. federal government from entering into or renewing contracts with companies included on that list and authorizes state and local governments to do the same. H.R. 180 also protects these state and local governments and asset managers who divest. Since the government of Sudan relies heavily on foreign investment to fund its military, divestment is an effective strategic move against the crisis.”

DADA is now in the Senate and it’s time for us–everyday Americans like Brian Steidle—to take a stand. The dedicated folks at GI-NET have set up a hotline for us to call and tell our Senators to pass DADA: 1-800-GENOCIDE.

Brian Steidle has done his part ten times over to push for an end to the Darfur violence, but he is still one American. There are 300 million of us in this country, and we can’t afford to drag our feet. I’m not asking you to go to Darfur. I’m asking for a one-minute phone call. Never Again starts with us, and it starts now. After you call your Senator, check out the listings for Brian’s documentary. As they say, a picture is worth a thousands words. In Brian’s case, these pictures may be worth a thousand lives. Since the time you started reading this blog posting, three Darfurians have died from violence, starvation, or disease.

For the latest news on Darfur, check out my IJ Wire.

For my briefing paper, “No Peace without Justice: U.S. Must Cooperate with ICC on Darfur,” co-authored with colleague Julia Fitzpatrick, click here.

For more information on the Darfur crisis, check out these organizations’ websites:

Genocide Intervention Network

Save Darfur Coalition

Enough Project

 

 

The Week in Darfur

As much as I’d like to think that the two Sudanese suspects thus far identified by the International Criminal Court (ICC) are dead men walking, the Los Angeles Times’ Maggie Farley reports otherwise. In D.C., the House of Representatives overwhelmingly passed the Darfur Divestment and Accountability Act. Across the Atlantic, the Independent reports on the newest evidence submitted to the ICC: 500 drawings from children who fled the Darfur violence into neighboring Chad. And Conor Foley of the Guardian finally sets the record straight on why politics and justice at the ICC don’t mix.

Check out these latest Darfur news stories in IJ Wire.

Hot off the Press

So much is happening in the world of IJ—are you up to speed on breaking IJ News? That’s what I thought. Check out my IJ Wire (conveniently located to your immediate right under “Pages”) for the latest news on a new Darfur film, Cambodia’s latest victory in the fight against impunity, the much-anticipated Victims Trust Fund at the ICC, new findings of sexual atrocities in the Democratic Republic of Congo, and much more.

You read, I write, we change. More soon.

Move over, Gucci, here comes International Justice

When we think of Los Angeles and its inhabitants, many words come to mind. Granted most of them are based on stereotypes, but let’s face it: L.A. must be the only city in the country where grocery shopping requires Gucci loafers in addition to your Safeway Club Card. But stereotype no more—as of July 24, L.A. must now be associated with two new words: International Justice.

I wrote my first blog entry about International Justice (IJ) Day which is commemorated around the world each year on July 17. This day not only marks the anniversary of the International Criminal Court’s (ICC) founding treaty, the Rome Statute, it also reaffirms the global commitment to making sure atrocities like those raging in Darfur, Sudan don’t go unpunished.

Last week the 15 representatives of the Los Angeles City Council passed a resolution declaring July 17, 2007 IJ Day. I heard through the IJ grapevine that the ICC Alliance (ICCA) of Southern California was instrumental in getting IJ Day on the Council’s Agenda and securing its ultimate adoption. I gave a talk last year to the very dedicated, genuine folks who make up the ICCA, and I must say, in a city that is often accused of existing in a bubble, the ICCA has done a tremendous job of raising awareness and advocating for the ICC.

But L.A. wasn’t the only city to support the cause of international justice and the ICC this month. Thanks to local activism and the tireless efforts of Amnesty International, Columbus, OH, New Haven, CT, New York, NY, Peoria, AZ, Portland, OR, and Terre Haute, IN all issued proclamations declaring July 17 International Justice Day. Here’s an excerpt from the Peoria proclamation (goosebumps warning in full effect):

“Whereas, during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity, and

Whereas, grave crimes such as genocide, crimes against humanity, and war crimes threaten the peace, security and well-being of the world, and

Whereas, those responsible for such crimes have largely gone unpunished throughout history, and

Whereas, efforts to hold those responsible for such crimes will contribute to prevention and serve as a catalyst for ending the armed conflicts in which such crimes are often committed, and [...]

Whereas, the ICC is today investigating those responsible for atrocities perpetrated in Northern Uganda, the Democratic Republic of the Congo, the Central African Republic, and Darfur, Sudan, which together represent some of the most protracted, violent conflicts in the world, and,

Now, Therefore, I, Bob Barrett, Mayor of the City of Peoria, do hereby proclaim July 17, 2007 as International Justice Day in the City of Peoria and urge residents to recognize the important contribution of the International Criminal Court to the advancement of justice, peace and security throughout the world.“

If you’re not from L.A. or any of the other six U.S. cities that have embraced IJ Day, there’s no need to relocate—you have 352 days to work with your local community leaders, advocates, and representatives to make sure your city adopts IJ Day in 2008. Next year marks the 10th anniversary of IJ Day. Seven cities have paved the way. It’s time for the rest of us chip in and show unwavering support for laws, norms, and mechanisms like the ICC that work to prevent and punish the world’s worst crimes. It’s time to show the international community that justice and accountability are American values, too.

Happy Birthday, International Justice

Where were you on July 17, 1998?

At summer school? On a Peace Corps assignment? Enjoying a family vacation? At the International Conference for the Establishment of the International Criminal Court (ICC)?

If you happened to be a member of the 150+ government delegations and countless NGOs attending the ICC Conference in Rome, Italy in the summer of 1998, you have a birthday to celebrate today.

On this day nine years ago, the Rome Conference delegations (including a characteristically large one from the U.S.) made history by adopting the Rome Statute, the treaty creating the first ever ICC. July 17 marks International Justice Day celebrates this remarkable accomplishment.

The Nuremberg Trials and the Yugoslav and Rwanda tribunals made tremendous contributions to the advancement of international justice and the creation of the ICC. But this Hague-based Court breaks new ground—unlike its predecessors, the ICC is a permanent body, not a situation-specific tribunal set up after atrocities have already been committed. Translation: war criminals everywhere beware—this Court is here to stay, and it’s watching you.

Even as they adopted the ICC Statue, few at the Rome Conference believed the ICC would become a reality anytime soon. After all, the concept was novel and the age-old issues of state sovereignty, international diplomacy, and domestic politics remained. The statute required at least 60 countries to ratify it in order for the ICC to be officially established. And while the mass slaughter of over 174 million people in the twentieth century had stained more than the killing fields in Auschwitz, Phnom Phen, and Srebrenica, widespread international support for a permanent ICC was still a stretch. Fast forward four very short years ahead: On April 11, 2002, ten countries simultaneously ratified the Rome Statute, pushing the existing 56 ratifications to 66. With the needed ratifications in place, the ICC became a reality on July 1, 2002. I was at the U.N. that day, squeezed into the auditorium gallery with my fellow Human Rights First interns as new ICC member states read their congratulatory statements. The goosebumps come back even now. Currently the ICC boasts 105 member states, with Japan joining just today (check out my IJ Wire for the news story).

As I’m writing, I’m clicking back and forth between my blog post and the New York Times website featuring Nicolas Kristof’s latest Op-ed on Darfur. It’s about former government official and Darfur advocate Roger Winter who thought that blowing the whistle on the 1994 genocide in Rwanda was the last time his calls would fall on deaf ears in Washington. Roger Winter was wrong: Notwithstanding the efforts of journalists like Kristof and organizations like the Save Darfur Coalition, the international community and the U.S. in particular has done little to stop the carnage in Darfur. Nine years after the Rome Conference, humankind has not evolved past committing mass atrocities like the systematic rape, mutilation, and pillaging we are witnessing in Darfur. But where humankind has failed, international justice and its laws, norms, and mechanisms have made tremendous progress. We have a very, very long way to go. But when I think of how far we’ve come in less than a decade, I get those pesky goosebumps again.

Happy Birthday, International Justice.