Atrocity Law

David M. Crane Among Former Officials Challenging Pompeo’s Threats to the International Criminal Court

by Todd Buchwald, David Michael Crane, Benjamin Ferencz, Stephen J. Rapp, David Scheffer and Clint Williamson

(Just Security | March 18, 2020) On March 17, Secretary of State Mike Pompeo stated from the podium of the State Department Press Room that two explicitly named individuals in the Office of the Prosecutor of the International Criminal Court would face possible sanctions in connection with the Prosecutor’s investigation of the Afghanistan situation, an investigation approved by the Appeals Chamber of the Court on March 5, 2020.  Set forth below is a statement by Americans who in the past worked to secure the investigation and prosecution of atrocity crimes (genocide, crimes against humanity, and war crimes):

Secretary of State Mike Pompeo has threatened two staffers of the Office of the Prosecutor of the International Criminal Court, and their families, with punitive sanctions in connection with the Court-approved investigation by the Prosecutor of the Afghanistan situation.  This act of raw intimidation of the Prosecutor’s staff members is reckless and shocking in its display of fear rather than strength …

Read the whole article.

David M. Crane is a Syracuse University College of Law Distinguished Scholar in Residence.

David M. Crane Publishes “Every Living Thing: Facing Down Terrorists, Warlords, and Thugs in West Africa”

David M. CraneDavid M. Crane L’80, Syracuse University College of Law Distinguished Scholar in Residence, has published a memoir of his time as Chief Prosecutor of the Special Court of Sierra Leone (SCSL). Every Living Thing: Facing Down Terrorists, Warlords, and Thugs in West Africa—A Story of Justice is drawn from Crane’s personal journals and is the first ever detailed account written by a chief prosecutor of an international war crimes tribunal.

Appointed by then-United Nations Secretary-General Kofi Annan, from 2001 to 2005, Crane—the first American since Justice Robert Jackson at Nuremberg in 1945 to be named the Chief Prosecutor of an international war crimes tribunal—worked with a team of intrepid investigators to unravel a complicated international legal puzzle. In doing so, he became the only prosecutor in the modern era to take down a sitting head of state for war crimes and crimes against humanity.

Set in the ravaged West African country of Sierra Leone, Every Living Thing shows how multiple countries were devastated by an international criminal enterprise led by presidents Muammar Gadhafi of Libya, Charles Taylor of Liberia, and Blasé Compare of Burkina Faso, with an assist from a vast network of terrorists—including Al Qaeda—vying for the control of diamonds.

Following the creation of Special Court for Sierra Leone in 2002, a small band of lawyers, investigators, and paralegals changed the face of international criminal law with their innovative plan to effectively and efficiently deliver justice for the tens of thousands of victims, most of them women and children. Among those Crane indicted was Taylor, the first sitting African head of state to be held accountable in this way. Taylor was found guilty in April 2012 of all 11 charges levied by the SCSL, and he was sentenced to 50 years in prison.

Writes Zeid Ra’ad Al Hussein, UN High Commissioner for Human Rights, “In Sierra Leone, David Crane masterfully built up a fully-fledged court, investigating and prosecuting some of the worst cases of international crimes and many of the most notorious war criminals of our era. He brought with him a deep commitment to justice, and genuine empathy for a country and people who had endured unbearable atrocities. The memoirs of this admirable and learned public servant will undoubtedly convey important lessons on how—and why—we must strive to deliver justice for all victims, even in the most challenging circumstances.”

 

Russia’s Snub of Geneva Convention Protocol Sets Dangerous Precedent

By David M. Crane

(Re-published from The Hill | Oct. 20, 2019) While Turkish-backed fighters may have been committing potential war crimes in Turkey’s incursion into Kurdish-held areas of northern Syria, Russian President Vladimir Putin announced that Russia—which the United Nations also has accused of committing international crimes in Syria’s proxy war—is pulling out of Protocol I of the Geneva Conventions of 1949, which protects combatants and others found on the battlefield, particularly civilians who are “especially to be protected.” Not doing so is per se a war crime.

A compilation of law, policy and customary international law, the Geneva Conventions have been a cornerstone in controlling the horror of conflict and containing its impact to the battlefield. Modern armies have been bound by the “law of armed conflict” since 1949. The Geneva Conventions is the only international treaty that all nations signed, and many have incorporated its principles into their own domestic law.

The Protocol Additional (1977) clarifies the nuances of armed conflict, essentially incorporating non-international armed conflict into the limits on the use of force highlighted in the Geneva Conventions. This was an essential move, because most of the conflict of the Cold War and the “dirty little wars” of the 21st century are of non-international character. Up to that point, the Geneva Conventions covered only international armed conflict. Though several countries, including the United States, have not ratified the Protocol Additional, all note that it’s evidence of customary international law and routinely follow its parameters.

No country ever has quit this important international paradigm until Russia’s announcement on Thursday. Putin’s decision is a troublesome addition to the movement away from various international legal regimes that promote peace and security, a hallmark of the tenets of the United Nations. In this evident “Age of the Strongman,” the movement away from a global approach to the rule of law is overshadowed by populist and nationalistic views in many parts of the world.

The rule of law stabilizes the interaction of states; it enhances peace and security, and encourages stable global trade, financial and information systems that benefit all. Despite this, a majority of the permanent members of the United Nations Security Council have blocked and weakened U.N. efforts to perform its mandate — and even have mocked and prevented the International Criminal Court from seeking justice for victims of atrocity crimes …

Read the full article.

David M. Crane is a Syracuse University College of Law Distinguished Scholar in Residence.

Cora True-Frost Pens OpEd on the Rwandan Genocide Anniversary

What Have We Learned From the Rwandan Genocide?

By Cora True-Frost

(Re-published from U.S. News & World Report | April 4, 2019) This first week of April marks the 25th anniversary of the Rwandan genocide, a three-month long massacre during which Hutu militants killed an estimated 800,000 Tutsis and moderate Hutus after the Hutu president was killed. The international community responded to the atrocities late, and then sought accountability after the genocide by establishing the International Criminal Tribunal of Rwanda (ICTR) to try those most responsible.

The law, and particularly international criminal trials, should teach us about past mistakes.

It is important that we remember the horror of the genocide and reflect on the mistakes made, in order to work toward a more peaceful future. One of the main takeaways from the ICTR’s atrocity trials is that words matter.

The world of the Rwandan genocide may to most people seem far removed from the United States. It does not to me. I am a law professor who grew up an Army brat, often abroad. I graduated high school in Nuremberg in the former West Germany – the site of the famous Nuremberg Tribunal held in the wake of the Holocaust. I know that words matter. Always mindful of the horrors of the Holocaust and the ways that democratic majorities can scapegoat and dehumanize minorities, my professional focus has been in constitutional and international law.

The law, and particularly international criminal trials, should teach us about past mistakes. The legacy of Rwanda’s genocide has some compelling messages for American people about the power of our words, and the danger of hate speech. Few of us are immune to the polarizing media coverage. Our leaders and media pundits use generalizations about cultures and fear-mongering to drive home support for policy in a very profound and impactful way. Creating hate as opposed to understanding will lead to repeat mistakes. This week in particular, we should heed the legacy of Rwanda’s genocide, reminding our nation of what can happen when we don’t identify and speak about the impact that fear has on our united psyche.

We Americans know words matter. We famously have strong free-speech protections. We are outliers in the international community for refusing to penalize hate speech. However, even those of us with the strongest commitments to free speech understand that speech can be dangerous and even constitute incitement …

Read the full article.

Syracuse University Professor Cora True-Frost is an INSCT Affiliated Faculty Member.

FBI’s Human Rights Investigators Are Critical to Prosecuting “Atrocity Crimes”

By David M. Crane, Stephen Rapp, Clint Williamson, and Beth Van Schaack

(Re-published from The Hill | Feb. 22, 2019) For over seven decades, the United States has stood as the cornerstone of a rules-based global system that arose from the ashes of World War II, organizing and leading a united group of nations as they held major violators to account at international tribunals convened in Nuremberg and Tokyo.

This world order is under threat as strongmen abound and governments step back from the advances made.

The Nuremberg Principles — which take as their starting point the promise that “any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment” — were woven into the fabric of our system of international peace and security. Together with the Universal Declaration of Human Rights, these global pronouncements protect the rights of every human being, demand accountability for grave international crimes, and undergird our entire structure of atrocity accountability.

On the domestic level, the United States has incorporated a number of international crimes into the federal penal code, ensuring that prosecutors have the legal authority they need to address crimes within the jurisdictional reach of our courts.

This world order is under threat as strongmen abound and governments step back from the advances made. Here in the United States, we have seen troubling indications of a diminishing commitment to the protection of human rights and support for atrocity accountability. In one recent development, the FBI reportedly intends to disband its International Human Rights Investigation Unit (IHRU).

At present, the IHRU plays an essential law enforcement role in bringing perpetrators of atrocity crimes to justice in the United States by investigating suspected perpetrators of genocide, war crimes, torture, recruitment of child soldiers, and female genital mutilation, among other offenses. This includes crimes committed abroad when the perpetrator is within reach, and crimes committed by or against U.S. citizens.

The IHRU continues the U.S. law enforcement commitment that began with successful efforts to track down Nazi war criminals living in the United States and to remove them to venues where they could face justice. Its stated mission is “to mitigate the most significant threats posed by international human rights violators through effective intelligence collection and targeted enforcement action” through coordination with other domestic agencies, as well as its counterparts in foreign countries and INTERPOL.

The IHRU is an essential partner in a co-located task force with the Department of Homeland Security’s (DHS) Human Rights Violators and War Crimes Unit. Together, this team presents cases to Department of Justice attorneys for prosecution. This inter-agency team has been successful in bringing perpetrators of atrocities in Guatemala, Rwanda and the former Yugoslavia to justice in U.S. courts. Most recently, its work resulted in convictions of two Liberian warlords in federal court in Philadelphia …

Read the full article.

Now retired from teaching at Syracuse University College of Law, David M. Crane is an INSCT Research & Practice Associate.

Yemen: A Crime Against Us All

By David M. Crane 

In a bombing, the dust settles slowly over the strike zone. What emerges are grey images, living beings neutralized to monochrome. Bleeding from the ears, deaf, and dumb from the concussions the survivors walk about in a haze. These zombies are the first things you see staggering down the street away from the rubble behind them, rubble that is the tomb of loved ones, neighbors, and friends.

“For a decade or so, the rule of law prevailed regarding holding those who commit war crimes and crimes against humanity accountable. Yet we have slipped down a slippery slope. That political will is waning.”

There is no militarily necessary reason for the destruction, the strike carried out by one of the combatants who knew or should have known about the laws of armed conflict. The rules do not matter in most conflicts of the 21st century. Welcome to the dirty little wars that nip at the heels of civilization, a civilization grown weary of it all and who look the other way. It is just too hard to marshal enough political will to do something.

A powerless United Nations can do nothing other than to help ease the pain of air strikes by caring for the wounded and the terrified refugees. The once proud mandate of restoring international peace and security has changed to maintaining at best that peace and security.

The three nations that could restore that prominence, the United States, China, and Russia are its biggest challenges and all three could certainly live without the paradigm of peace set forth in 1945. All three of those nations over the past years are also the biggest human rights abusers led by strong men.

International Law has evolved over centuries through customary practice and the consent of nations to bind themselves to certain norms. Indeed the day-to-day actions in commerce, trade, and finance all hinge upon these norms. Over time, other norms that declare that human beings have rights to be free from want, fear, and to speak their minds and worship freely are now enforceable and carry an accounting if violated.

From all this just twenty-five years ago, modern international criminal law began. For a decade or so, the rule of law prevailed regarding holding those who commit war crimes and crimes against humanity accountable. Yet we have slipped down a slippery slope. That political will is waning and the use of the law to govern international relations regarding humanity challenged.

In this kaleidoscopic void, dirty little wars flourish like weeds in an abandoned lot. Yemen is one of those weeds thriving in the dusty haze of airstrikes.

The likes of the Yemeni conflict exists but for this condition and circumstance. A surrogate conflict backed by cynical nations vying for power and influence in the greater region that is the Middle East, the possibility of a peaceful resolution hinges on the rule of law. It is not going to happen …

Read the whole article.

 

David M. Crane to Speak on Yemen Crisis at Stimson Center Event

David Crane Stimson CenterINSCT Faculty Member David M. Crane will join other distinguished international law scholars and practitioners at “Crisis in Yemen: Accountability and Reparations,” an event designed to bring the world’s attention to a growing humanitarian disaster in this Middle East nation.

The panel discussion takes place at The Stimson Center in Washington, DC, on June 26, 2018, from 10 a.m. to 1:30 p.m. The simulcast can be viewed here.

Sponsored by the American Society of International Law, the Stimson Center, and the Washington Foreign Law Society, the panel also features Stephen Rapp, Former US Ambassador-At-Large for War Crimes; Mark Agrast, Executive Director, American Society of International Law; and Sarah Leah Whitson, Executive Director, Middle East and North Africa Division, Human Rights Watch, among others. View the full list of panelists here.

The Yemen Civil War, which had its roots in the political upheaval of 2011-2012, has since turned into a complex conflict among a central, recognized government and its powerful Saudi-led allies, an alternative government in the country’s north backed by Houthi rebels, and several terrorist groups.

Escalating in 2015, the civil war has created the world’s worst humanitarian crisis. An estimated three quarters of the civilian population have been affected by the devastation from warring parties on all sides. Death, disappearances, detentions, torture, displacement and famine are ravishing the country. A cholera epidemic is being exacerbated by raids on civilian populations.

Meanwhile, critical ports for delivery of food and medicines have been blocked. Arms and deadly munitions, funded by the US and UK, have proliferated. Secret prisons established inside and outside the country are detaining countless numbers of civilians, women, children, and aid workers.

The panel of experts, led by Rapp and Crane, will assess the situation on the ground in this stage of the Yemen crisis, and propose solutions drawn from fundamental international laws and standards.

David M. Crane to Discuss Yemen Crisis at Stimson Center Discussion

The conflict in Yemen is currently one of the world’s worst humanitarian crises, yet is often forgotten by the international community. It is reported that close to 6,000 civilians have been killed in the conflict and almost 9,000 wounded as a result of indiscriminate and disproportionate airstrikes, artillery fire, and rocket launches. Many civilians languish and are tortured in secret prisons. The suffering of ordinary citizens is exacerbated by blockades of humanitarian aid and food.

On June 26, 2018, INSCT Faculty Member David M. Crane will join other distinguished speakers at a Stimson Center event to explore how war crimes, crimes against humanity, and the most egregious human rights violations can be addressed via international law to promote accountability, uphold fundamental humanitarian standards, and obtain reparations for the countless victims of the Yemen crisis.

Crane will lead the discussion with former Ambassador-at-Large for War Crimes Stephen Rapp. Discussants will be Amanda Catanzano, Senior Director for International Program, Policy, and Advocacy, International Rescue Committee; Waleed Al Hariri, Director of US Office, Sana’a Center for Strategic Studies; Raed Jarrar, Advocacy Director, Middle East and North Africa, Amnesty International; Kate Kizer, Policy Director, Win Without War; Don Picard, Chief Legal Advisor, Yemen Peace Project; and Sarah Leah Whitson, Executive Director, Middle East and North Africa Division, Human Rights Watch.

Learn more about the event.

 

David M. Crane Donates Papers to JAG School

Professor of Practice David M. Crane will donate his papers, photographs, and other memorabilia from his time as Chief Prosecutor of the Special Court of Sierra Leone (SCSL) to the Judge Advocate General’s Legal Center and School, an ABA-accredited law school in Charlottesville, VA.

Crane was SCSL prosecutor from 2002 to 2005. Before this appointment, he was Waldemar A. Solf Professor of International Law and Chairman of the International Law Department at the JAG School, a position he held after a US government career in the Office of Intelligence Review, Defense Intelligence Agency, and elsewhere.

The JAG School is one of the premier military legal history and war crimes research institutions in the world. Crane’s papers will join others related to notorious war crimes and crimes against humanity, including those on US vs. Calley, a court case arising from the My Lai Massacre during the Vietnam War. Once housed at the JAG School, Crane’s SCSL papers will be available to academic and other researchers interested in international tribunals.

Crane announced his retirement from the College of Law faculty in March 2018.

Wisconsin Public Radio Interviews David M. Crane for Its “Syria Update”

Syria Update

(WPR Morning Show | April 12, 2018) President Donald Trump took to Twitter Wednesday to issue a warning to Russia – and the world – of a possible military strike by the U.S. This messages comes on the heels of reports earlier this week of a suspected chemical attack in Syria’s rebel-held town of Douma. Join us for a look at the latest details surrounding this possible military action and push back from Russia before we turn to a (insert guest description) to look at the humanitarian concerns about the ongoing crisis in Syria.

Read more here.