Author: Benjamin Ferencz

  • The Holocaust and the Nuremburg Trials

    The greatest tribute we can pay to the memory of those who perished in the Holocaust and similar tragedies is never to stop trying to make this a more humane and peaceful world. The United Nations Charter of June 1945, expressed the determination “to save succeeding generations from the scourge of war.” Its Preamble spoke of the equality of nations large and small. It called for enhanced social justice, tolerance and respect for international law. In August 1945, the United States, the Soviet Union, Great Britain and France signed another Charter – creating the International Military Tribunal (IMT) — to bring to justice some of the German leaders responsible for aggression, crimes against humanity. and related atrocities. How far have we come and what more must be done before these noble goals can be achieved?

    THE LEGACY OF NUREMBERG

    The International Military Tribunal

    Germany had surrendered unconditionally. Each of the four occupying powers assigned leading jurists to serve as judges and prosecutors for the IMT. It was agreed that the proceedings had to be absolutely fair. The situs would be in Nuremberg, the home of Nazi party rallies. Robert M. Jackson, leading architect for the trials, took leave from the US Supreme Court to serve as America’s Chief Prosecutor. In his Opening Statement, Justice Jackson set the standard: “We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow.”

    Adolf Hitler and some of his top aides committed suicide, as did Field-Marshal Hermann Goering after he was sentenced to death by the IMT. Of the twenty-four defendants, three were acquitted, nine were imprisoned and twelve were sentenced to hang. The world was put on notice that those who held the reins of power would be accountable for their crimes. The learned IMT jurists confirmed the legal jurisdiction of the court and the validity of the charges under existing law. All proceedings were open to the public. The accused were presumed innocent, given humane treatment, and guaranteed rights, which they, in the days of their pomp and power, never gave to any man.

    After the widely adopted Kellogg Pact of 1928 outlawed the use of force, it should have come as no ex-post facto surprise to Nazi leaders that their blitzkrieg against other states would no longer be tolerated. Jackson noted that international law does not stand still but gradually evolves to meet changing needs. In 1946, the Nuremberg judgment and principles were unanimously affirmed by the first General Assembly of the United Nations. The law had taken a step forward. Aggressive war, which had previously been accepted as an international right, was confirmed as a punishable international crime.

    Subsequent Trials in Nuremberg

    Subsequent trials at Nuremberg, Tokyo and elsewhere built on the IMT foundation. The Allied Powers were unable to agree on another joint international trial but each could try their own captives. Since the IMT could provide only a snapshot of Nazi criminality, the US decided to conduct a dozen “subsequent proceedings” to be directed by General Telford Taylor, a key player on Jackson’s staff. Indictments were filed against doctors who performed forced medical experiments, judges who perverted the law, industrialists, military leaders and ministers who supported illegal Nazi policies. 142 of the 185 tried in the “subsequent proceedings” were convicted.

    In April 1946, I was recruited by the Pentagon to return to Germany to assist with the “Subsequent Proceedings.” I had worked as a research assistant to a Harvard professor writing a book on war crimes before I joined the army, as a private in the artillery, in 1943. When US troops advanced into Germany, I was transferred to General Patton’s Headquarters to help set up a war crimes program. As a war crimes investigator, I dug up bodies of captured Allied flyers beaten to death by enraged German mobs. I entered many concentration camps with the liberating army and witnessed the horrors of the Holocaust firsthand. I assembled documents and data to prove the full extent of Nazi criminality. The trauma of those indescribable experiences has never left me.

    After setting up offices in Berlin to gather evidence to support the planned new prosecutions, General Taylor assigned me to be Chief Prosecutor in what was known as the Einsatzgruppen case. The defendants were leaders of SS units that followed advancing German troops into occupied Poland and the Soviet Union. Their mission was to kill, without pity or remorse, every Jewish man, woman and child they could lay their hands on. Gypsies and any other perceived threats to the Reich were to suffer the same fate. According to their secret reports, these extermination squads, totaling about 3000 men, deliberately massacred over a million innocent people. The victims were killed simply because they did not share the race, religion or ideology of their executioners.

    The Mentality of Mass Murderers

    To prevent acts of genocidal barbarism, one must understand the mentality and reasoning of the murderers. The twenty-two defendants in the Einsatzgruppen case were selected on the basis of high rank and education. Many held doctor degrees — six were SS Generals. The principle defendant, General Dr. Otto Ohlendorf, patiently explained why his unit had killed about 90,000 Jews. Killing all Jews and Gypsies was necessary, said Ohlendorf. as a matter of self-defense.

    According to Ohlendorf, it was known that the Soviets planned total war against Germany. A German preemptive strike was better than waiting to be attacked. It was also known, said Ohlendorf, that Jews supported the Bolsheviks – therefore all Jews had to be eliminated. But why did he, the father of five children, kill the little babes — thousands of them? The bland reply was that if the children learned that their parents had been eliminated, they would grow up to be enemies of Germany. Long range security was the goal. He lacked facts sufficient to challenge Hitler’s conclusions. It was all very logical — according to General Dr. Ohlendorf.

    I had not called for the death penalty, although I felt it was richly deserved. I simply asked the court to affirm the right of all human beings to live in peace and dignity regardless of race or creed. It was “a plea of humanity to law.” The three experienced American judges concluded that a preemptive strike as anticipatory self-defense was not a valid legal justification for mass murder. If every nation could decide for itself when to attack a presumed enemy, and when to engage in total war, the rule of law would be destroyed and the world would be destroyed with it. All of the defendants were convicted; thirteen were sentenced to death and Ohlendorf was hanged. I was then 27 years old and it was my first case. The ideals that I then expressed have remained with me all of my life.

    HOW FAR HAVE WE COME?

    Restitution and Compensation

    Despite having promised my bride when we were wed in New York that we would be in Germany only for a brief honeymoon, we stayed on to help obtain restitution, compensation and rehabilitation for the survivors of persecution. As a salaried employee of Jewish charities, I directed innovative programs which had no historical or legal precedent. When, by 1956, Nazi victims of all persuasions had received payments from the West German government approaching about 50 billion dollars, we decided that it was time to return home with our four children born in Nuremberg. Practicing law in New York proved uninspiring. With war and killings raging all over the globe, I decided, at the age of fifty, to spend the rest f my life trying to replace the law of force by the force of law.

    New International Criminal Courts

    My mind turned to international criminal courts to deter international crimes. In 1946 the UN had called for a code of international crimes and an international criminal court to build on the Nuremberg precedents. Accredited as a member of a non-governmental organization, I obtained access to UN archives. I learned that delegates, unable, or unwilling, to agree upon a definition of the crime of aggression, argued that without it there could be no criminal code and without a code there could be no court. In truth, powerful nations were not ready to yield cherished sovereign prerogatives to any international criminal tribunal. After a definition of aggression by consensus was finally reached in 1974, the gates were opened for further work on the criminal code and court. The problems were thoroughly explored and documented in a number of books that I published between 1975 and 1983. My 1994 book New Legal Foundations for Global Survival was a comprehensive overview that UN Secretary General Kofi Annan generously described as “remarkable.”

    It took mass rapes in former Yugoslavia in 1991 to shake the world out of its lethargy. In 1993 the UN Security Council created the International Criminal Tribunal for the Former Yugoslavia (ICTY), to hold accountable those responsible for crimes against humanity, war crimes and the genocide cloaked as “ethnic cleansing.” When – to the everlasting shame of the international community — over 800,000 people were butchered in Rwanda in fratricidal tribal rivalries, the Security Council set up another ad hoc tribunal, the International Criminal Tribunal for Rwanda (ICTR), to bring some of the instigators and perpetrators to justice.

    Similar international tribunals, with limited jurisdictions, are beginning to function for crimes against humanity committed in Cambodia, Sierra Leone, East Timor and elsewhere. It should be obvious that temporary courts, created for a limited time in a limited area after the crimes have been committed, is hardly the most efficient way to ensure international justice. The missing link in the world’s legal order was a permanent court with universally binding laws that might help deter such crimes before they occurred.

    The International Criminal Court in the Hague

    After many years of difficult negotiations and compromises, the Statute for an International Criminal Court (ICC) was adopted by a treaty signed in Rome on 17 July 1998. 120 delegations voted in favor and seven against. UN Secretary-general Kofi Annan called it “a gift of hope to future generations.” By July 1, 2002, the treaty went into effect with ratification by 60 nations. By the end of 2005, the number of ratification had swelled to one hundred. Ratification by some of the major powers is still outstanding. The United States, indicated its early support for the ICC, when President Bill Clinton addressed the General Assembly. He had the treaty signed at the UN on New Year’s Eve, 2000. But, in an unprecedented repudiation, the signature of President Clinton was canceled as the new Bush administration, in May 2002, notified the UN that the US had no intention of becoming a party to the ICC.

    Conservative forces in the US government argued that the uncontrolled prosecutor, might unfairly prosecute US servicemmbers. Nations were warned that US economic and military aid would be halted unless they signed agreements exempting US citizens and their employees from the reach of the new Hague tribunal. The US, that had done so much to advance the rule of law, turned its back on the Nuremberg principle espoused by Jackson, Telford Taylor and many others, that law must apply equally to everyone.

    The fears expressed by the US government are misguided and not shared by the hundred nations that support the ICC — including America’s staunchest allies and the entire European Community. Under the ICC Statute, every nation must be given priority to try its own nationals. Only when the country is unable or unwilling to provide a fair trial can the ICC exercise jurisdiction. No prosecutor in human history has been subject to more controls. The American Bar Association and leading jurists support the ICC. It is hoped that when the ICC has proved its fairness and merit, the US will end its unreasonable boycott and join the other nations seeking to uphold fundamental principles of international humanitarian law.

    WHERE ARE WE GOING?

    Changing the way People Think.

    In every great democracy it is inevitable that there will be differences of opinion. There have always been those who are convinced that warfare is an unchangeable part of man’s nature. War is seen as a glorious manifestation of Divine law — “the big fish eat the little fish. Despite pretensions to the contrary, such skeptics do not really believe in international law. They reject the utility of new rules of the road or new institutions that seek to improve human behavior. They deride as “dreamers” or “idealists” those who believe that entrenched practices and values can be altered. Yet, history proves they are mistaken.

    Slavery has been abolished, women’s rights are growing, colonialism has all but ended, sovereign states are forming multinational unions bound by common rules, international criminal law and humanitarian law have come into existence and international courts are beginning to flourish. Nations are increasingly recognizing that, in this interdependent world, they must cooperate for their common welfare. The revolution in technology and communication holds forth the promise of a completely altered international and integrated human society for the enhanced benefit of all.

    To be sure, adherence to traditional cultures can enhance the quality of life and should be nourished. Loyalty to one’s neighborhood, nation or religion are cherished values that should be respected. But, as Nuremberg showed, differences of race, religion or ideology cannot be tolerated as valid grounds for destroying those who happen to be different. It is not permissible “self-defense” to slaughter “the other” — it is the crime of murder.

    Aggression, according to the Nuremberg judges and other precedents, is “the supreme international crime” since it includes all the other crimes. There can be no war without atrocities and unauthorized warfare in violation of the UN Charter is the biggest atrocity of all. The best way to protect the lives of courageous young people who serve in the military is to avoid war-making itself. One cannot kill an idea with a gun but only with a better idea. If people believe that law is better than war they must do all they can to enhance the power of law and stop glorifying war.

    There can be no real peace for anyone until there is peace for everyone. Education for peace must start at the earliest ages and be carried through all the institutions and modalities of learning, Understanding, tolerance, compassion, compromise and infinite patience hold forth more promise than the threat of nuclear annihilation or the devastating perils of modern warfare. The memory of those who perished in the Holocaust, and countless wars since then, cry out for an improved social order and a more humane and peaceful world for everyone.

    Benjamin B. Ferencz, a member of the Nuclear Age Peace Foundation’s Advisory Council, was Chief Prosecutor in the Nuremberg war crimes trial against Nazi extermination squads. He directed postwar restitution programs for survivors of persecution, practiced law in New York, was an Adjunct Professor at Pace Law School and is the author of many books and articles. He is a frequent lecturer on world peace. See his website: www.benferencz.org.

  • Letter from Ben Ferencz on the ICC

    Dear Friends:

    As a former combat veteran, with five battle stars received with my honorable discharge after World War Two, I owe it to the forty-million people who died in that war not to remain silent in the face of official calumnies that endanger our nation and the brave young people who serve in its military forces. I write as a graduate of the Harvard Law School and a former Chief prosecutor for the United States in one of the Nuremberg war crimes trials and one who has devoted almost all of my life trying to help create a more humane and peaceful world under the rule of law.

    What follows is an extract from the official US Congressional Record, House of Representatives debate on July 15, 2004, under the heading H. 5881 and H 5882. to Amend the Foreign Operations Appropriations Bill. The views expressed by the Chairman of the House of Representatives, Republican Tom DeLay of Texas , in strongly opposing the International Criminal Court (ICC) are widely shared by other members of the Republican party, as well as some conservative Democrats. The arguments advanced in opposition to the new court are, in my very considered judgment, demonstrably false and deliberately deceptive. They do not serve the interests of the United States or any of its citizens.

    Extract from Congressional Record:

    Amendment No. 6 offered by Mr. Nethercutt: At the end of the bill (before the short title), insert the following: LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT    SEC. __. None of the funds made available in this Act in title II under the heading “ECONOMIC SUPPORT FUND” may be used to provide assistance to the government of a country that is a party to the International Criminal Court and has not entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against United States personnel present in such country.

    The CHAIRMAN. Pursuant to the order of the House of today, the gentleman from Washington (Mr. Nethercutt) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Washington (Mr. Nethercutt).

    Mr NETHERCUTT. Mr. Chairman,…We have an obligation to protect our Armed Forces from unconstitutional extraterritorial prosecution. Moreover, this amendment sends a powerful message to the world community that when we commit U.S. troops overseas we will insist that they be protected by Article 98 agreements, if the Security Council will not do its part….

    The CHAIRMAN. The gentleman from Arizona (Mr. Kolbe) is recognized for 5 minutes.

    Mr. KOLBE. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, let me just say that I agree with the motivations of this amendment, but I absolutely have to oppose the substance of it. The reason I do so is because I think it is going to accomplish exactly the opposite of the intent of this amendment….If we accept it, the U.S. will be hamstringing itself, placing a straitjacket on its diplomatic tools, when we have a lot of U.S. national security objectives that must carry the same or equal weight as securing Article 98 agreements. I urge a “no” vote on this…  Mr. Chairman, I am happy to yield 1 minute to the gentleman from Texas (Mr. DeLay), the majority leader.

    Mr. DeLAY. Mr. Chairman,  Let me see if I have got this straight: The United Nations has created an International Criminal Court, a shady amalgam of every bad idea ever cooked up for world government. The United States, its President, this Congress and the American people has categorically, unequivocally and completely rejected the ICC and its insistence on threatening the American people with prosecution. We reject its laughable legitimacy, we reject its U.N.-American denial of civil rights, and we reject its anti-American politics. And yet the ICC still asserts jurisdiction over the American people, including American soldiers fighting the war on terror and still salivates at the prospect of prosecuting one of us for anything the U.N. does not like. Now, some nations who receive economic support from the United States may use the money we give them to arrest and hand over American citizens to the U.N.’s kangaroo court? I do not think so. President Bush has shown great leadership by removing the United States from the treaty creating the ICC, and Congress has passed legislation, the American Servicemembers Protection Act, to ensure our soldiers and peacekeepers around the world are protected from prosecution in it. Federal law now requires all countries who seek American military assistance sign an agreement assuring us they will not hand over our soldiers to the ICC; and, since its enactment, more than 90 countries have signed such an agreement. The ASPA has proven to be a valuable tool in the war on terror, and the Nethercutt amendment takes that leverage to the next step, making American economic support contingent on a promise not to turn over our troops to the ICC. The Nethercutt amendment will forestall any attempt by a foreign country that receives American economic aid to arrest and extradite American soldiers to Kofi Annan’s kangaroo court. Now, let us be real clear: The ICC presents a clear and present danger to the war on terror and Americans who are fighting it all over the world. The United Nations just last month refused to extend protection from the ICC to American troops abroad. This was at once an ominous sign of things to come and an urgent call for Congress to do its duty and protect our men and women in uniform. That is exactly what this vote is. If you want to go home to your constituents and tell them that you think that their tax dollars should go to foreign countries who allow American soldiers to be imprisoned and shipped off to Brussels without their constitutional rights, then, by all means, vote no on the Nethercutt amendment. If, however, you think American troops should retain their human and constitutional rights even when they step on foreign soil and if you think American economic support should only go to countries who guarantee such protection for our soldiers, then stand with the American people, the President and the men and women winning the war on terror and vote yes ….

    (End of extract)

  • What To Do With Saddam Hussein Now

    The apprehension and arrest of Sadism Hussein, the former President of Iraq, offers new opportunities to advance the rule of law. Vengeance begets vengeance. As was demonstrated at Nuremberg after World war Two, even the vilest criminal deserves a fair trial. The world legal order is gradually moving toward a tribunal competent to try all international criminals but, unfortunately, we are not yet there. What should be done now? Let us consider certain basic principles that should be respected.

    The offenses attributable to ex-President Hussein since he came to power range from the supreme international crime of aggression, to a wide variety of crimes against humanity, and a long list of atrocities condemned by both international and national laws. It may be anticipated that the accused, will maintain his innocence and will try to justify all of his actions as being lawful and necessary in the national interest. He will seek to implicate the United States and its allies. References to the Deity will be asserted to gain support of his follower at home and abroad.

    A fair trial would achieve many goals. The victims would find some satisfaction in knowing that their victimizer was called to account and could no longer be immune from punishment for his evil deeds. Wounds can begin to heal. The historical facts can be confirmed beyond doubt. Similar crimes by other dictators might be discouraged or deterred in future. The process of justice through law, on which the safety of humankind depends, would be reinforced.

    The existing temporary tribunals created by the United Nations Security Council to cope with the genocide and atrocities committed in Yugoslavia and Rwanda in the early 1990s (to the everlasting shame of the world community) have very restricted temporal and territorial jurisdictions. Iraq is beyond their legal reach. A new interim Security Council court is conceivable but unlikely to be able to overcome political obstacles quickly. The new permanent International Criminal Court (ICC) in the Hague, faced with misguided opposition by the United States, lacks jurisdiction over crimes committed before July 2002. It cannot intervene in Iraq.

    Perhaps the most tempting, but probably the worst, alternative would be for the United States to subject its captive to summary judgment and prompt execution by a military court. It would make a martyr of the criminal whose loyal supporters would likely be enraged to increase assaults on Americans wherever possible. The Nuremberg Principles, which honored the US and the rule of law, would be undermined.

    The best hope for a speedy trial seems to lie with the Coalition Provisional Authority which on December 10, 2003, a few days before Saddam Hussein’s capture, issued a “Statute of the Iraqi Special Tribunal.” Here too, certain cautions are in order. A fundamental principle of the ICC, already set up in the Hague but not yet operational, makes clear that the nation state of the accused shall always be given priority if it is able and willing to provide a fair trial. The wording of the Iraqi statute calls for war crimes trials run completely by Iraqis but also allows the use of non-Iraqi judges if the Governing Council deems it necessary. It should be possible for expert help to be recruited not merely as judges but also to assist the prosecution, defense and administration so that it is obvious to all that trials and judgment will be fair in every way.

    Following the Nuremberg precedent, the first trial should include leading accomplices either in custody or in absentia. Speed is important but the proceedings must be carefully prepared and time limits set on both prosecution and defense to present their case. Not every crime need be included in the indictment. There will be enough evidence readily on hand to justify any sentence. Trials of lesser offenders can follow.

    Whether a remorseless mass killer should be sentenced to death is a difficult question. There can never be a balance between the lives of a few mass murderers and the lives of their countless victims. Humanitarian law has moved away from imposing death as a penalty. It should be left to Iraqi judges to decide what is most appropriate to bring peace and reconciliation to their war-ravaged country.

     *Benjamin B. Ferencz was a U.S. prosecutor at Nuremberg. He is a member of the Nuclear Age Peace Foundation’s Advisory Council. His web site is www.benferencz.org.

  • Nuremberg Prosecutor’s Words

    Revised remarks of Benjamin B. Ferencz, a former Nuremberg Prosecutor as delivered at the swearing-in ceremony in the Hague of Luis Moreno Ocampo as Chief Prosecutor of the new International Criminal Court, June 16, 2003.

    Thank you all for the honor of being allowed to share a few thoughts with such a distinguished audience. I wish I could pay tribute to each one of you who have worked so hard to bring this event about. We are assembled here to advance a noble goal.

    Almost 400 years ago, a young Dutchman, who became known to the world as Hugo Grotius, was imprisoned for daring to advocate that all human beings had a moral right to live in peace under rules of binding international law. These principles became the guiding lights for the International Criminal Tribunals at Nuremberg that I had the privilege of serving over 50 years ago.

    Today, a Chief Prosecutor for another International Criminal Court – the ICC – is being sworn into office. The world is fortunate to have found an outstanding human rights advocate, Luis Moreno Ocampo, to accept the heavy responsibilities that have unanimously been entrusted to him.

    He does not have, as we did at Nuremberg, the power of mighty armies to support him. Nor will he have available the masses of incriminating evidence seized by victorious powers. On his shoulders will rest the difficult burdens of proving guilty knowledge and criminal intent of the accused. He must persuade judges coming from different legal disciplines. Finances will be limited and cooperation from national governments may be hesitant. He will. have to proceed cautiously and skillfully And all the world will be watching.

    Nuremberg was little more than a beginning. Its progress was paralyzed by cold-war antagonisms. Clear laws, courts and a system of effective enforcement are vital prerequisites for every orderly society. The matrix for a rational world system has countless parts that are gradually and painfully being pressed into place. The ICC is part of this evolutionary process. It is a new institution created to bring a greater sense of justice to innocent victims of massive crimes who seek to live in peace and human dignity. That’s what the ICC is all about.

    It is understandable that not all sovereign states have yet accepted this new creation. They seem to prefer the law of force rather than the force of law. Their concerns are unjustified. There is no way to defend militarily against individuals who are ready to kill or be killed for what they perceive to be a struggle against injustice. A fair prosecutor and a wise court to determine what is permissible or impermissible is now available as a legal response to crimes against humanity. It is time to give law a chance.

    I speak to you today in a purely personal capacity as one who served in the army of the United States during World War II and witnessed all of its horrors first hand. Another Nuremberg Prosecutor, Whitney Harris, is here with us today. I would never denigrate brave young people who risk their lives to serve their country or do anything to subject them to the risk of unfair prosecutions.

    Those who scoff at the efforts and aspirations are entitled to have their views considered — on the merits. I am convinced that this court and this Prosecutor will prove that their apprehensions are unjustified. In time, the world will come to support this court.

    The United States took the lead in creating the International Criminal Tribunal at Nuremberg. A distinguished Supreme Court Justice, Robert Jackson, was given leave to serve as Chief Prosecutor for the United States. Jackson’s’ words still ring in my ears: “That four great nations, stung with injury, stay the hand of vengeance and subject their captive enemies to the judgment of the law is one of the most significant tributes that Power ever has paid to Reason.”

    The next dozen trials at Nuremberg, conducted by the United States, made unmistakably clear that law must apply equally to everyone. At Nuremberg we spoke in the name of the American people and as representatives of the US government. The dream of a more peaceful world under law, that inspired the world at Nuremberg, will never die.

    I recall an inscription over a portal at the Harvard Law library. It quotes a distinguished conservative statesman, Elihu Root, a former US Secretary of State and Secretary of War who was the founder of the American Society of International Law: “Make us effective,” he said, ” for the cause of peace and justice and liberty in the world.” For me, that is the unforgettable voice of America.

    I am confident that the time will come, in the not too distant future, when compassion, tolerance, understanding and a more effective rule of law will govern relations among nations and peoples. Today we have moved closer to that goal. I salute you all for your dedication, determination and accomplishment and to wish you well as you continue to advance toward a more humane and peaceful world.

  • A Nuremberg Prosecutor’s Response to Henry Kissinger

    Henry Kissinger’s essay on “The Pitfalls of Universal Jurisdiction” (Foreign Affairs July/August 2001) perceives danger in allowing international legal norms to interfere with political actions by national governments. The former U.S. Secretary of State in the administration of President Richard Nixon warns that current efforts to deter genocide and other crimes against humanity by creating an international criminal court (ICC) run the risk of becoming a “tyranny of judges” or a “dictatorship of the virtuous.” He refers to “inquisitions and even witch-hunts.” Kissinger’s focus on the past exaggerates the dangers of the present and ignores the needs of the future. If we are to have a more peaceful and humane world, international law must play a greater and not a lesser role.

    Dr. Kissinger challenges the basic concept of universal jurisdiction. He argues, incorrectly, that the notion is of recent vintage. He gives scant weight to ancient doctrines designed to curb piracy or to a plethora of international conventions following the first world war. He fails to recognize that international law is found not only in treaties but in general principles of justice and in customs which gradually obtain universal recognition. International law is not static but advances to meet the needs of a changing world.

    Over half a century ago, Robert M. Jackson, on leave from the U.S. Supreme Court to become Chief U.S. Prosecutor before the International Military Tribunal at Nuremberg, declared: “To pass these defendants a poisoned chalice is to put it to our own lips as well. We must summon such detachment and intellectual integrity to our task that this trial will commend itself to posterity as fulfilling humanity’s aspirations to do justice.” The learned judges reviewed the law on which the trials were based and concluded that it was “not an arbitrary exercise of power on the part of victorious nations” but “the expression of international law existing at the time of its creation…” The Nuremberg principles were affirmed by the United Nations in 1946 and became binding legal precedents for war crimes trials in Tokyo and elsewhere. Justice Jackson and Telford Taylor, his successor for a dozen subsequent trials at Nuremberg, repeatedly made plain that the law being mobilized to maintain peace in the future would apply to all nations equally.

    The United States inspired the world when it proclaimed at Nuremberg and elsewhere that aggression, genocide and other crimes against humanity were universally prohibited by international law. It was recognized that states can act only through individuals and thus those leaders responsible for the crimes could be held to account in a court of law. Crimes like aggression, genocide and similar large-scale atrocities are almost invariably committed by or with the connivance of a national government and it thus becomes imperative to have available an international tribunal that could bring them to justice. For over half a century, United Nations committees struggled in vain to reach consensus on a code of international crimes that would be punished in an international court. Cold war politics stymied all U.N. efforts to create an international criminal jurisdiction. Powerful nations remained unwilling to yield their sovereign rights to kill as they alone saw fit.

    After years of meticulous argumentation at the U.N., a breakthrough finally came in Rome in 1998 where 120 nations voted in favor of an ICC to curb the incessant murders and persecution of millions of innocent people. The U.S. was one of 7 nations that voted No. Mr. Kisssinger now argues that because of “the intimidating passion of its advocates”, the judicial procedures designed to punish and deter new crimes against humanity are being “spread with extraordinary speed and has not been subjected to systematic debate”. ” It is not the passion of its advocates that is moving nations toward the rule of law – it is the passion of those who have been victims of politics as usual.

    The tribunals set up by the Security Council of the United Nations in the 1990’s, with strong U.S. support, to punish massive war crimes committed in the former Yugoslavia and Rwanda, are belittled by Dr. Kissinger’s argument that “It was never thought that they would subject past and future leaders of one nation to prosecution by the national magistrates of another state where the violations had not occurred”. None of these arguments are convincing. Kissinger scorns the judgment of Great Britain’s esteemed Law Lords who confirmed the legal validity of the detention in England of Chile’s former Head of State, Augusto Pinochet, who was accused of crimes committed against Spanish nationals in Chile. He ignores, for example, the widely-hailed prosecution of Adolf Eichman by Israel, for Holocaust crimes committed in Europe at a time when the state of Israel didn’t even exist. He fails to recognize that these advances in international jurisprudence also reflect the changing needs of contemporary world society.

    In 1776, the Declaration of Independence declared that “governments derive their just powers from the consent of the governed.” The United Nations Charter speaks in the name of “We the Peoples…” The Universal Declaration of Human Rights, adopted in 1948 refers to ‘the equal and unalienable rights of all members of the human family.,.”and declares that it is essential “that human rights should be protected by the rule of law.” These and many other international human rights instruments reflect the growing realization that true sovereignty lies in the people and not the state. Today, no nation and no person can be above the law. No one should oppose the creation of new institutions being created to help realize the dreams of suffering humanity.

    Professor Kissinger is quite right to insist on due process protection and fair trials for every accused but his assumption that these rights will be flouted by the ICC is completely unfounded. Quite the contrary, the best way to be sure that law will not be abused as a weapon to settle political disputes is to create a competent international court composed of highly qualified judges from many nations bound by rules that guarantee a fair trial under internationally approved standards and scrutiny. As of July 1, 2001, 36 states , including sme of our staunchest allies, have completed the ratification process thereby confirming their unconditional acceptance of the Court. U.S. insistence upon complete immunity for all U.S. nationals is viewed by many of our friends as a repudiation of vaunted U.S. ideals and an unacceptable affront to the rule of law that must apply equally to everyone.

    The ICC seeks to usher in a new regime of increased respect for international law. The court will have no jurisdiction over crimes committed before the court comes into existence. There is no retroactivity. Only crimes of concern to the international community as a whole, such as genocide, crimes against humanity and major war crimes, can be tried. The supreme international crime – aggressive war – can only be considered later – if there is a near- unanimous amendment Furthermore, it must not be forgotten that national courts are given priority and the ICC will have jurisdiction only where the national courts are unable or unwilling to provide the accused with a fair trial. The Security Council can block prosecutions indefinitely if needed for reconciliation or peace. Administrative and budgetary controls are clearly defined. Without its own police force, the court must depend upon the Security Council to enforce its decisions. Enforcement can be vetoed by any of the five privileged Permanent Members, including the U.S. Kissinger’s reference to the “unlimited discretion” of the prosecutor is unfounded. Many safeguards are written into the statute. A court that acts arbitrarily or seeks to abuse its limited powers will soon cease to exist.

    Kissinger argues that the International Criminal Tribunal for Yugoslavia (ICTY), created at U.S. behest in 1993, had the affrontry to receive a “complaint” alleging that punishable crimes against humanity had been committed during the NATO air campaign in Kosovo in 1999. He should have stressed that in this instance the ICTY Prosecutor properly dismissed the complaint and refused to issue an indictment. The statute that governs the ICTY was approved by the United States and the United Nations for the purpose of bringing to justice those leaders responsible for crimes against humanity committed since 1991 in that particular region. It made no exceptions for U.S. nationals or others. The burden is always on the prosecutor to prove beyond doubt that the law has been violated. It must be shown that the accused knew or should have known that the deeds were criminal and that the defendant had the obligation and ability to prevent the crimes from happening. Despite initial difficulties and occasional shortcomings the ICTY has earned respect for its very fair treatment of the accused and its development of international criminal law. It is a new-born babe that must be helped and encouraged and not disparaged.

    The innocent need not fear the rule of law. Kissinger’s misperceptions about current international law lead him to the erroneous conclusion that if the U.S. dos not ratify the ICC treaty Americans will be outside its reach and hence protected from malicious accusations. He fails to notice that without the protective shield of binding international law and institutions to enforce it, the military captive is completely at the mercy of his captors. In every democratic society it is unavoidable that some unjustified complaints may be lodged for political or other nefarious purposes. It is also inevitable that some judgments may go awry and some judges may be incompetent or worse. That is no reason to abolish courts or to refuse to accept new courts where needed. Outstanding American international legal experts, including ten former Presidents of the American Society of International Law and the American Bar Association have, after careful study, concluded that it would be in the best interests of the United States and its military personnel for the United States to accept the proposed ICC as quickly as possible. The same conclusion was reached in 2000 by outstanding professors of the Harvard law School after a careful study by leading military and legal experts assembled by the venerated American Academy of Arts and Sciences.

    A politically conservative constituency in the United States argues for the protection of American sovereignty as though we were still in the Middle Ages. Senator Jesse Helms of North Carolina has been a leading opponent of the ICC. Even though the U.S. Constitution vests the President with the power to negotiate and sign treaties, the distinguished Senator did not wait for the President to submit the ICC treaty to the Senate for its needed advice and consent but intruded into Presidential prerogatives by proclaiming that it would be “dead on arrival.”. The wily Senator also introduced legislation deceptively named “The Servicemembers Protection Act” designed to abort the ICC by imposing economic and military sanctions against states that support the court. He managed to have its submission endorsed by Henry Kissinger and several other distinguished former public servants, whose signature seemed more an act of political fealty than considered legal judgment since it relied on many arguments that were demonstrably false. Opponents of the ICC refuse to recognize that in today’s interdependent world all major problems are global and require global solutions. Binding international rules have become necessary and are accepted universally to protect the common interest. The prevention of massive crimes against humanity deserves equal protection of universal law.

    Mr. Kissinger makes an argument that, when needed, additional ad hoc tribunals can be created by the Security Council. Until the ICC is fully functional ad hoc courts may prove to be unavoidable to curb some of the more outrageous cases of impunity. But a bevy of independent courts is hardly an adequate deterrent to universal crimes. Justice regarding the most serious crimes in the world can not depend upon the political whim of those who control the United Nations. The crimes must be spelled out in advance and not condemned only retroactively. Temporary courts created a la carte are very costly and lack the uniformity required by an international legal system. It is understandable that a former Secretary of State should not be eager to place national politicians under the supervision of an international judicial system. He accuses the ICTY of allowing ” prosecutorial discretion without accountability” – ignoring all the controls that exist to prevent abuse. He makes the unfounded allegation that the “definitions of the relevant crimes are vague and highly susceptible to politicized application.” His statement that “defendants will not enjoy due process as understood in the United States” is refuted by a host of prominent international lawyers, including a former Legal Adviser to both the Defense and State Departments. (See 95 American Journal of International Law (Jan. 2001) 124.)

    In concluding, Kissinger, the constant diplomat, makes three “Modest Proposals”. He suggests that the Security Council appoint a committee to monitor human rights violations and report when judicial action appears necessary. If the local government has not been democratically elected or seems incapable of sitting in fair judgment, the Council may set up additional ad hoc tribunals. But the Council must specify the scope of prosecutions and provide for due process. He fears “one sidedness” of the pursuit of universal jurisdiction which “may undermine the political will to sustain the humane norms of international behavior so necessary to temper the violent times in which we live.” He ignores the reality that other states will demand the same rights that the U.S. wishes to reserve for itself. What it boils down to in the end is that Henry Kissinger says he agrees with the goals of the international criminal court, and even gives some credit to its advocates, but he fails to recognize that the safeguards he seeks from an ICC are already in place. He remains uncomfortable with what he perceives to be the speed and vigor with which the idea of universal crimes punishable in an international court is now moving forward. His call for a public debate is fully justified. Let an informed public study the facts and then let the politicians know whether they prefer politics as usual to law.

    *Benjamin B. Ferencz, J.D. Harvard 1943, a former Nuremberg war crimes prosecutor.

  • WARNING

    A misguided trap is being set by right wing conservatives. It threatens our national security interests and endangers our military personnel. A cleverly mislabeled “Servicemembers Protection Act,” was recently passed by the House and is now pending in the Senate where it was appended as an amendment linked to the Foreign Relations Act authorizing payment of arrears to the United Nations. In the guise of protecting our military, the amendment is clearly designed to abort the creation of an International Criminal Court (ICC) now being formed at the United Nations. The Act threatens to impose economic and military sanctions against any nation that dares to support the Court.

    Republican Senator Jesse Helms of North Carolina leads the vigorous campaign that would repudiate the rule of law laid down at the Nuremberg trials after World War II – that aggression, genocide, crimes against humanity and major war crimes would never again go unpunished. Senator Helms and his supporters demand exemption and immunity for all U.S. personnel. Conservative attempts to abort the ICC defy the clear wishes of the vast majority of nations, including our leading European allies. We are seen as a bully that wants the rule of law for everyone else but not for ourselves. Without such a court, our military personnel will remain completely at the mercy of their captors, rather than under the protective shield of a fair tribunal created and supervised by the international community.

    The campaign to kill the court relies on unfounded allegations designed to frighten an uninformed public. Scholarly studies by outstanding legal experts agree that it would be in the U.S. national interest to support the International Criminal Court. See for example, the publication last year by the American Academy of Arts and Sciences , the comprehensive speech by Senator Leahy of Vermont on Dec. 15, 2000; the recommendation of the American Bar Association in Feb. 2001, the conclusion sent to Congressman Henry Hyde on Feb. 13, 2001 by ten former Presidents of the American Society of International Law, endorsing “U.S. acceptance of the Treaty without change…”; the editorial in the American Journal of International Law by Monroe Leigh, former Counsel to both the State and Defense Departments, that the United states can most effectively protect its national-security interests, as well as the individual interests of U.S. nationals, by accepting the International Criminal Court, ” — better sooner than later.” ((95 AJIL 131, Jan. 2001). None of these persuasive opinions are ever mentioned by opponents of the ICC.

    Those who believe in the rule of law that applies equally to everyone had better let their voices be heard very soon if we are to move toward a more humane and peaceful world.

  • The Battle Lines Are Being Drawn over the International Criminal Court

    The battle lines are being drawn between those who believe in the rule of law and those who do not. A powerful and respected American voice that has been raised to support the establishment of the International Criminal Court. It rebuts the ill-informed and misguided views of those who denounce the proposed court as a threat to American interests and military personnel. It deserves the widest possible dissemination by those who support the ICC.

    Monroe Leigh has been Legal Adviser to both the State and Defense Departments. He is a past President of the American Bar Association and the American Society for International Law and is an outstanding authority. On Feb. 21, 2001, he wrote to Chairman Hyde, of the House Committee on International Relations, that the Bill introduced by Senator Jesse Helms (The American Service Member’s Protection Act S.2726, June 14, 2000) as a preemptive strike against the ICC, (and opposed by the State and Defense departments) was replete with misconceptions . Nonetheless, the Senator had managed to obtain signatures from, a dozen distinguished American leaders, including ex- Secretaries of State, CIA and National Security Advisers, in opposition to the ICC. Leigh, ever the gentleman, said the signatories were simply misinformed. In fact, assured Leigh, the ICC would offer greater protection to Americans in military service than now exits at home or abroad.

    Leigh warned that persistent efforts by U.S. negotiators to exempt American military personnel from legal restraints that other nations were being asked to accept could only exacerbate relations with our allies. To rebut the signatories assembled by Helms, ten former Presidents of the America Society of International Law, including its Honorary President Stephen Schwebel, added their names to the Leigh memo. These very distinguished American jurists – in their personal capacities – concluded that the U.S. should accept the Treaty for an ICC “without change in the text.”

    To top it off, Monroe Leigh wrote a COMMENT that will appear in the next issue of the prestigious American Journal of International Law (Vol.95.No.1, A. 2001). He analyzes the arguments put forward by those who would reject the ICC – described by Leigh as “the most important international juridical institution that has been proposed since the San Francisco Conference of 1945.” He notes that under existing international law the sovereign of the territory where a crime is committed has jurisdiction to try the captured offender. The notion that U.S. nationals cannot be tried for war crimes if their government is not a party to the ICC treaty is not supported by existing international law as recognized by the highest U.S. courts. Strident demands for exceptionalism can only reinforce suspicions about American hegemonic ambitions. Leigh notes ICC provisions that give national courts absolute priority to try the accused in a fair trial. He ridicules “the specter of the politically motivated Prosecutor” and spells out the many safeguards that will prevent abuse and protect the rights of the accused. He dismisses the criticism that the ICC might deny due process to U.S. service personnel as “totally misplaced.” His conclusion: “In sum, the United States can most effectively protect its national-security interests, as well as the individual interests of U.S. nationals, by accepting the Statute of Rome – better sooner than later.”

    Many others, of course, have spoken out in favor of the Court, including the excellent survey of legal experts by the American Academy of Arts and Sciences.. The conclusion of that comprehensive study, articulated by Harvard Law Professors Abram Chayes and Anne-Marie Slaughter: “The United states should be taking the lead in shaping these new institutions. It is not too late.” Opponents of the ICC do not speak for the United States. Leigh, a conservative “establishment” man of impeccable credentials, has raised a respected voice in opposition to unsound harangues coming from uninformed adversaries.. (I am grateful to Heather Hamilton of the World Federalist Association for drawing my attention to the Leigh correspondence.)

    Despite the organized and vocal opposition to the ICC, President Clinton directed Ambassador Scheffer (who represented the U.S. at the U.N. with distinction) to sign the Treaty at the last moment. It was an important symbolic act – showing that the outgoing Administration favored the goals of the ICC, despite need for improvements. Opponents of the ICC howled with anger and threatened to erase the signature – a rather bizarre suggestion. The U.S. now sits silent at the U.N. deliberations. The new Republican Administration will have to be persuaded that the ICC is in our national interest. Let the voice of the informed public now be heard

  • Ben Ferencz Sound the Alarm

    Dear Friends:

    Thanks to all of you who have disseminated information that should sound the alarm regarding a new threat designed to abort the establishment of an international criminal court I refer to House Concurrent Resolution 23, submitted by Republican Representative Ron Paul of Texas and colleagues on Feb. 8, 2001. (He was the only member of Congress who voted against House Res. 34 on Feb, 13, 2001, calling for peace in the Middle East.)

    H.C.R. 23 expresses “the sense of Congress that President George W. Bush should declare to all nations that the United States does not intend to assent to or ratify the International Criminal Court Treaty… and the signature of President Clinton to that treaty should not be construed otherwise.” . An organization called “The Liberty Committee” (boasting that it has some 50,000 members representing every district in the USA) has launched a nationwide campaign and has reported that some 20,000 people have already signed their petition to President Bush to rescind the signature to the treaty authorized by President Clinton on Dec. 31, 2000. The Resolution has been referred to the House Committee led by Representative Hyde who is reported to have denounced the treaty as “an assault on our sovereignty.”

    Everyone, of course, is entitled to express their own views regarding the court. But it should be cause for grave concern to see the Petition of “The Liberty Committee”, displaying the American flag and the heading AMERICAN JUSTICE FOR AMERICANS, list on their website a host of press releases and articles, editorial and position papers denouncing the court for reasons that are palpably false and misleading. This is part of a well organized attempt to frighten and stampede the American public into believing that the new court would pose a threat to the United States, its military personnel and all its citizens . The arguments and goals are similar to those made in connection with the pending U.S. Servicemembers Protection Act introduced by Senator Jesse Helms of North Carolina, the most outspoken critic of the Court.

    No one argues that the treaty is perfect – far from it – but it is a important new institution to deter major international crimes against humanity by bringing leading perpetrators to justice. The recent careful study by the American Academy of Arts and Sciences contains views of leading scholars from academia, the government and the military that support the conclusion that signing the treaty would be in the interest of the United States.

    The views of the so-called “Liberty Committee,” are reminiscent of the “America First” positions prior to World War II. Isolationism and unilateralism can only exacerbate the growing feeling abroad that the U.S. seeks to lay down rules for the rest of the world that it is not willing to accept for itself. That would be a flagrant repudiation of legal principleslaid down by the United States and its allies at Nuremberg and hailed by the entire General Assembly of the United Nations. Helen Brady’s fine article of Feb. 13, circulated by the CICC, made plain that the ICC would not diminish national sovereignty but would reinforce a nation’s “commitment to a peaceful and just world and the rule of law.” NGO’s in the coalition, and nations, including America’s leading allies, that have signed on for the court, have made plain that they share the same view. We must continue to make our voices heard if this great hope is to be kept alive until a more favorable climate for its ratification by the U.S. can be created. Please see my website for more detailed comments.

    Now is the time for all good men, and women, to come to the aid of their country.

    Benjamin B. Ferencz

  • Letter to President Clinton from Nuremberg Chief Prosecutor Ben Ferencz

    President William Jefferson Clinton
    The White House, Pennsylvania Ave.
    Washington D.C. 20500

    December 6, 2000

    Dear Mr. President:

    Over 53 years ago, I was the Chief Prosecutor in a trial brought by the United States in Nuremberg against 22 SS leaders who were convicted of murdering over a million people in cold blood. I fought in every campaign in Europe in World War II and gathered evidence in Nazi death camps. Since then, my life has been dedicated to making this a more humane and peaceful world. On this, “Veteran’s Day” I appeal to you as President and Commander-in-Chief, to exercise your constitutional authority by signing the Rome Treaty for the creation of an International Criminal Court (ICC).

    I recall how thousands cheered at the Dodd Center in Connecticut in 1995, when you said: “Nuremberg was a crucial first step… Now it falls to our generation to make good on its promise..we have to do it,… we must do it…We have an obligation to carry forward the lessons of Nuremberg. ” When you addressed the General Assembly of the United Nations on Sept.22, 1997, you told the world:…: “before the century ends, we should establish a permanent international court to prosecute the most serious violations of humanitarian law.”

    After you sign the treaty, it will be up to your successor to determine whether further measures may be warranted before submission of the treaty to the Senate for its consent before it can be ratified. There will be ample time to debate the details. Your signing now will be an important affirmation that you have not abandoned principles you have so eloquently enunciated. It will help allay fears of small States that feel threatened by misguided Congressional proposals to impose sanctions against any nation that dares to support the ICC. It will uphold the integrity and reputation of our government as a leading champion of the rule of law.

    I am mindful and respectful of objections raised by some members of Congress and the Pentagon. As a 1943 Harvard law graduate and author of countless books and articles on this subject (See my web-site,) it is my considered judgment that such fears are exaggerated and misplaced. The treaty has been found acceptable by many of our staunchest allies. A comprehensive American Academy of Arts and Sciences study, including leading U.S. military and academic experts, concluded that failure to sign now “will miss an opportunity of serious dimensions. And the loss will have an impact on U.S. national interests far beyond the work of prosecuting war crimes.” With every good wish,

    Sincerely,
    Benjamin Ferencz

  • Fifth Step: Make the U.N. Effective for the 21st Century

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    The following is an excerpt from Planethood, by Benjamin B. Ferencz and Ken Keyes, Jr.

    Since the end of World War II, our failure to create an effective world system to govern the planet has resulted in millions killed, many more injured, businesses disrupted, lives twisted through fear and hatred, property destroyed, environmental pollution and degeneration accelerated, and money wasted on killing machines (this term includes both people and guns). The insanity of nuclear killing machines is making us realize that World War III (with possibly 5 million fatalities) may bring about the end of all people on this planet. It is the plea of PlanetHood that we end the arms race—not the human race.

    The First Four Steps

    Let’s briefly review the steps we’ve covered so far. Step One requires us to assert our ultimate human right to live with dignity in a healthy environment free from the threat of war. Step Two asks us to understand the new top layer of government we need in order to nail down this ultimate human right for you and your family for all time – no more international anarchy. We need to complete the governmental structure of the world with a limiting constitution setting up a lawmaking body (representing the people of the world), a world court (staffed with the wisest judges chosen from among the nations of the world), and an effective system of sanctions and peacekeeping forces to enforce the agreed standards of national behavior. This final layer of government would globally ensure our basic human rights, protect the sovereignty of nations, settle disputes legally, and protect the environment.

    By taking Step Three we realize what it means to become a Planethood Patriot. We are urged to step into George Washington’s footsteps in creating and supporting a new constitution to govern the nations of the world. The Federal Republic of the World must be strong enough to avoid ineffectiveness, and have checks and balances to limit power and avoid tyranny. This is secured by a wise balance of power between the legislative, executive, and judicial branches.

    In Step Four we acknowledge our enormous progress over the past century in creating international law. We have been gradually globalizing. We note how the nations of the world have been getting accustomed to working with each other – gradually and safely yielding small portions of their sovereignty in order to benefit from binding international agreements for the common good. We see that nation-states are already merging into larger economic and political entities to meet their common needs – such as the European Union. There is a growing awareness that the world system must change to meet the challenge of the 21st Century.

    In Step Five we will discuss updating our vehicle for survival – the U.N. – as we move toward an effective world system with checks and balances to protect our rights and freedoms. This step is primarily concerned with spelling out how we need to reform the U.N. to ensure world peace.

    After the carnage of World War II with 35 million dead, many nations were determined not to go through that again. Toward the end of the war we began to plan the United Nations Organization. In October 1945 the Charter was ratified by 50 nations at San Francisco. Enthusiasm ran high. “The U.N. Charter can be a greater Magna Carta,” said John Foster Dulles, our Secretary of State, who was a delegate to the San Francisco conference.

    It’s interesting to note that the U.N. Charter was completed on June 26, 1945 – six weeks before Hiroshima and Nagasaki. This may help explain its weakness. The delegates were unaware of the devastation we would face in the nuclear era. They did not know that humanity’s survival would be at stake. They failed to understand that we could no longer drag our feet in replacing international anarchy with enforced international law.

    The Security Council

    The Charter provides for a Security Council and a General Assembly. The Security Council was supposed to be the enforcement arm. Its five permanent members were victorious in World War II: the United States, the Soviet Union, Britain, France, and China (in 1971 the People’s Republic of China replaced Nationalist China on the Security Council, in 19__, the Soviet Union was replaced by Russia). In addition, there are now ten rotating members – originally there were six.

    It was deliberately set up so that the big powers could ignore any vote they didn’t like. Any one of the five permanent members of the Security Council can veto any enforcement action—even If the rest of the world is for it! Since the Big Five have been behind most of the trouble in the world, it’s like setting up the foxes to guard the chicken coop.

    Because of the distrust and conflict between the Soviet Union and the United States (and because we usually vote to support our friends and they usually support their friends), deadlocks on all important issues involving war and peace have usually blocked effective action by the U.N. For example, the U.S. in 1990 vetoed a resolution for the U.N. to send a fact- finding mission to get information on the Jewish-Arab conflict in the occupied territories. An impartial understanding of what’s happening is a needed first step in the peace process. This lack of respect for legal, peaceful conflict resolution has set a poor example for the other nations of the world.

    Brian Urquhart, U.N. under secretary-general for special political affairs, lamented, “There are moments when I feel that only an invasion from outer space will reintroduce into the Security Council that unanimity and spirit which the founders of the Charter were talking about.” Let us hope that the shock of Iraq’s invasion of Kuwait and the threat to Saudi Arabia will begin to do it for us!

    Thus we have a toddling Security Council that under the Charter is empowered to send armed forces anywhere on earth to stop war. And it is usually rendered impotent because of the Charter requirement for the unanimous vote of the permanent members of the Security Council to act in preserving peace. In 1945 we weren’t quite ready yet to take the final step. Perhaps we’re now waking up to the idiocy of living in an ungoverned world!

    The General Assembly

    In addition to the Security Council, the Charter of the United Nations set up the General Assembly. It has been called a “town meeting of the world” by former Secretary-General Trygve Lie. Each nation has one vote in the General Assembly, which has grown from the original 50 nations to 160 today. Thus small nations, regardless of size, have the same vote as large nations, regardless of population. For example, Grenada with about 90,000 people has an equal vote with the United States, which has 1/4 billion people.

    Since the Security Council has all the power to act, the big powers gave the other nations of the world the power to talk! It’s interesting to note that when a resolution passes the General Assembly, it goes to the Security Council as a recommendation only. The General Assembly has no Charter power to require any action to keep the peace – or to do anything but suggest!

    Thus we are heading for the 21st Century with 160 “But the hard fact remains,” comments Richard Hudson in his newsletter Global Report, “that the decision-making system in the world body is too flawed to deal with the awesome gamut of our planet’s problems in the coming decades. It is neither morally right nor politically sensible to leave veto power in the Security Council in the hands of the five nuclear powers. It is plainly absurd to have decisions made on the basis of one nation, one vote in the General Assembly, thus giving countries with minute populations and minuscule contributions to the U.N. budget the same influence in decision- making as the bigger countries that have to pay the bills. Moreover, a central global decision-making body that can pass only non-binding recommendations is not what the world needs for the 21st century.”

    The Need for Reform

    Patricia Mische, co-founder of Global Education Associates, tells a story that compares the United Nations to a dog that is expected to give protection from thieves and murderers. The dog is a good dog, but it has three problems. First, the masters muzzle the dog so the dog can bark but not bite, and thieves and murderers know this. Second, the masters don’t feed the dog very well, so the dog is always hungry and anxious for itself, and lacks energy to do its job well. Third, the dog has 160 masters, and they often give conflicting directions and confuse the dog.

    Here is the prescription for rebuilding the UN: Remove the muzzle, feed the dog, and reform the masters, so they will not be confusing the dog.

    Vernon Nash wrote in The World Must Be Governed, “. . . if Hamilton or any other founding father returned to the United States today and read a. current article about the performance and prospects of the United Nations, he certainly would say to himself, ‘This is where I came in.’. . . Then, as now, men kept trying to get order without law, to establish peace while retaining the right and power to go on doing as they pleased.”

    The United States, which was the principal mover in creating the World Court, gave the appearance of accepting compulsory jurisdiction over “any question of international law.” But that was quite deceptive. By special reservations, the U.S. excluded certain types of disputes, which the U.S. could by itself decide it wanted solely within its own domestic jurisdiction.

    A nation undermines the Court when it gives the appearance of accepting the Court and, at the same time, denies to the tribunal the normal powers of every judicial agency. A nation that defies the Jurisdiction of the Court when it becomes a defendant shows contempt for the Court. A nation that ignores the Court when it doesn’t like a judgment against it undercuts the process of law. When these things are done by – the U.S., which helped establish the World Court, it diminishes respect for itself.

    Despite technical legal arguments that were raised to justify the U.S. position when Nicaragua in 1984 complained that we were mining its harbors and seeking to overthrow its government, the fact is that the U.S. refused to honor the Court or its judgments. This was seen throughout the world as a hypocritical manifestation of scorn for the tribunal – which the United States praised when decisions went in its favor. Defiance of law is an invitation to disaster. What may have been tolerable in the pre-nuclear age is intolerable now.

    In a world of law and order, aggressor nations should clearly be identified as outlaws for rejecting the rule of law. This is not to suggest that justified grievances should be ignored; sincere efforts must be made to find just solutions. But a handful of states, or a small group of fanatics, should not be permitted to thwart humankind’s progress toward a more lawful and peaceful world.

    Supporting the U.N.

    In 1986 the U.S. Congress reduced its financial support of the United Nations by over half, largely because it did not like certain expenditures. Since the total U.N. budget is less than New York City’s, any reduction of its annual $800 million income is crippling. In the past the Soviet Union has also failed to pay its U.N. dues for the same reason. In October 1987, Mikhail Gorbachev talked of invigorating the Security Council. To back up his words, the Soviet Union announced that it would pay all its overdue U.N. bills, which came to $197 million. And they’ve followed through on this promise.

    That left the United States in October 1987 the outstanding delinquent, who still owed over $414 million, including $61 million for peacekeeping forces that the U.S. opposed! As of December 1989, the U.S. was behind $518 million – in violation of its treaty obligations. In his last budget request, President Reagan asked for full U.N. current funding and about a 10% payment on our past dues. Bush in his first budget made the same request. Our Congress was still unwilling to honor our obligations. The cost of only one Stealth bomber would cover our disgracefully broken contractual agreements with the U.N. – and with humanity’s future.

    The world spends only $800 MILLION a year on peace through the U.N., and about $1 TRILLION on national military budgets – over a thousand times more!!! Does it come as a surprise that we are today 1,000 times more effective at waging war than at waging peace?

    There are amazing parallels between our situation with the United Nations today and the dangerous situation in the United States two centuries ago. Tom Hudgens in his book Let’s Abolish War points out that the Continental Congress under the Articles of Confederation:

    1. Had no independent taxing powers.
    2. Could not regulate interstate and foreign commerce.
    3. Had no powers of direct enforcement of its laws.
    4. Was ineffective in foreign affairs.
    5. Had no chief executive.
    6. Had no binding court of justice…

    “Do you realize,” Hudgens asks, “that every one of these charges can be leveled at the United Nations today? We are living today under the Articles of Confederation except we call it the United Nations.”

    Instead of starting all over again, the U.N. may be our best bet to rapidly ensure our ultimate human right. A redrafting of the Charter and its ratification by the nations of the world is needed. It won’t be easy to persuade nations to mend their ways, but it can be done.

    For years, the officials of the U.N. have known what needs to be done. They’re powerless unless authorized by the nations of the world. They’ve been waiting for you to take the needed steps to alter the views of the entrenched diplomats, which would permit them to respond effectively to international lawlessness – and thus set the stage for a new era of prosperity and peace on earth.

    Confederation vs. Federation

    In order to take Step Five by working to make the U.N. more effective in the nuclear age, you must clearly understand the key differences between the U.N. today and the world federation we need for tomorrow. Just as the terms “Confederation” and “Federation” were confusing to the 1787 delegates at Philadelphia, people usually don’t understand their significance today. The World Federalist Association in its pamphlet We the People helps us clarify the crucial differences between a league or confederation, and a federation or union:

    • In a league or confederation (like the U.N.), each state does as it pleases regardless of the consequences to the whole; in a federation or union (like the U.S.), each state accepts some restrictions for the security and wellbeing of the whole.
    • In a league, the central body is merely a debating society without authority to control the harmful behavior of individuals; in a federation, the central body makes laws for the protection of the whole and prosecutes individuals who break them.
    • In a league, any enforcement is attempted only against member states; in a federation, enforcement of laws is directed against individual lawbreakers.
    • In a league, conflicts among members continue unabated, resulting in costly arms races and wars; in a federation, conflicts among states are worked out in a federal parliament and in federal courts.
    • A league has no independent sources of revenue; a federation has its own supplemental sources of revenue.
    • In a league, state loyalty overrides loyalty to the wider community; in a federation, loyalty to each state is balanced by loyalty to the wider community.

    Finding the Best Way

    Could you feel secure if a congress made up of people from all over the world enacted binding international laws? Would you be taken advantage of? Too heavily taxed? Your rights ignored? Could a dictator grab power? Can we set up a world legislature, court, and executive branch that will be more protective of the U.S. than the Pentagon? How can we actually increase our “defense” through a reformed U.N.? How do we reform the U.N. to avoid ecocide?[1]

    As George Washington and Benjamin Franklin would testify, there is no one simple way to hammer out a new constitution. It takes an open-minded willingness to consider all points of view, to lay aside one’s prejudices and psychological certainties, and to be patient enough to listen and search until effective answers are found and agreed upon. Just as success in 1787 required that various states be satisfied, in like manner we must create a reformed U.N. that meets today’s needs and interests of the nations of the world.

    There have been many proposals to improve the United Nations and make it more effective as the keeper of the peace. One suggestion, known as the “Binding Triad,” comes from Richard Hudson, founder of the Center for War/Peace Studies. It requires two basic modifications of the U.N. Charter:

    The voting system in the General Assembly would be changed. Important decisions would still be adopted with a single vote, but with three simultaneous majorities within that vote. Approval of a resolution would require that the majority vote include two-thirds of the members present and voting (as at present), nations representing two-thirds of the population of those present and voting, and nations representing two-thirds of the contributions to the regular U.N. budget of those present and voting. Thus, in order for a resolution to pass, it would have to be supported strongly by most of the countries of the world, most of the population of the world, and most of the political/economic/military strength of the world.

    The powers of the General Assembly would be increased under the Binding Triad so that in most cases its resolutions would be binding, not recommendations as at present. The new General Assembly, now a global legislature, will be able to use peacekeeping forces and/or economic sanctions to carry out its decisions. However, the Assembly would not be permitted “to intervene in matters which are essentially within the jurisdiction of any state.” If the jurisdiction were in doubt, the issue would be referred to the World Court, and if the court ruled that the question was essentially domestic, the Assembly could not act.”[2]

    This is only one possibility for giving the General Assembly limited legislative powers. A World Constitution for the Federation of Earth has been drafted by the World Constitution and Parliament Association headed by Philip Isely of Lakewood, Colorado. There are many ways to reform the U.N. to give the world binding international laws, a binding court of international justice, and an executive branch to enforce the law with effective economic sanctions and an international military force that replaces national armies, navies, and air forces.

    A 14-point program is shown on the next page. Models of new international systems to create world order have been prepared by many scholars, among who are Professor Richard Falk of Princeton University, Professor Saul Mendlovitz of Rutgers, and Professor Louis Sohn of Harvard University. With wise checks and balances, we can set up an overall system that will enable the world to work! Political leaders lack the political will to make the required changes in the U.N. It’s time for the public to speak out.

    Once the world union is formed, do we want to permit an easy divorce if a nation wants to get out when it disagrees about something? The American Civil War in 1861-1865 settled whether states could leave the federal union if they disagreed with its policies. The victory by the Union dearly established that no state could secede from the federal government once it agreed to be a member.

    If politicians in a nation become angry and could whip up the people to get out, it would signal the end of the world system. Once a nation agrees to the reformed U.N., it must be permanent. By resigning from the organization,” Cord Meyer warns, “a nation could free itself from international supervision, forcing a renewal of the armament race and certain war. In view of the nature of the new weapons, secession would be synonymous with aggression.[3]

    As we’ve pointed out, there is no one way to transform the United Nations into an effective world government. It is important that you give thought to this vital matter and arrive at your own conclusions on how to do it. Then discuss them with your friends and neighbors, who will no doubt develop their own ideas. It is only from the clash of opinions that a living truth will emerge that will point to an effective way to complete the governmental structure of the world.

    The Challenge of Our Age

    We are at a crucial point in history. We are on the threshold of great progress. We have reached the stage where large-scale wars are no longer compatible with the future of the human race. We have gone beyond the point where such military power is protective. Instead it threatens to kill us all. We are gradually fouling our environment so that it cannot support human life. And we now know that we must have global institutions to solve our global problems.[4]

    “Environmental knowledge and concerns,” according to Pamela Leonard, “have risen at an increasingly rapid rate in recent years, and many nations have enacted laws and set up agencies to deal with them. Yet little has been done to create laws or institutions on an international scale, despite the fact that the impacts of air and water pollutants travel as easily across national boundaries as across municipal boundaries.”[5]

    Increasing Abundance

    Even if we were not threatened by nuclear war or environmental ruin, we would benefit enormously by a reformed U.N. Through a world republic, our children will have greater prosperity, more personal opportunities for a good life, better maintenance of our precious planet, and better protection of their human rights and freedoms.

    Imagine what a difference this would make in your life and that of your loved ones. The heavy taxes that spill your “economic blood” year by year would no longer be used to feed a greedy war machine. Your children could then feel confident that they would have a future. Business could be liberated from the import and export fences that limit opportunities. We could effectively begin to improve the quality of the air we breathe and the water we drink. Education, medical care, and quality of life would vastly improve when the world no longer spent $1.5 million each minute on increasing its killing capacity. A small international peacekeeping force of several hundred thousand well-trained and equipped people could replace the millions of soldiers now under arms who constantly disrupt the peace of the planet.

    Over the past several centuries there has been a gradual awakening to the importance of international law that can override the military passions of the 160 separate nations around the globe. We have tried world courts and have found that they work if we want them to. We have set up international organizations such as the League of Nations and the United Nations. Each has been a step forward. All this experimenting, testing, trying, and hoping have been important steps up the ladder of international growth toward the completion of the governance of our world. We now have the glorious challenge of creating lasting peace and prosperity by reforming the United Nations into a world republic.

    Approaching Planethood

    Many nations today, and eventually all nations, will be willing to cooperate in a reformed United Nations. They will respond to the insistence of their people that we do not let our planet be ruined or blown apart through war. These nations will want to benefit from the much safer and far less costly protection of their national rights and freedoms that only a world government can offer them.

    At long last, the people of this world can get out of the arms race and enjoy a much higher standard of living, environmental protection, education, culture, medical care, etc. We need a world governance that, unlike the present Security Council, cannot be vetoed by one of the five victorious nations of World War II. It will be able to effectively respond to environmental problems that threaten the security of everyone everywhere.

    It is now time for the people to insist on reforming the U.N. Charter. They will become a powerful force when they unite and act together. Sooner or later, those who resist at first will join in – just as holdout states discovered they could not afford to pass up the many benefits of becoming a part of the United States two centuries ago.

    The draft of the U.N. Charter was discussed at Dumbarton Oaks, a private estate in Washington, DC. On a tablet in the garden was inscribed a prophetic motto: “As ye sow, so shall

    ye reap.” When the final instrument was accepted by 50 nations on June 26, 1945, everyone knew that it was less than perfect. The Secretary of State reported to President Truman: “What has resulted is a human document with human imperfections but with human hopes and human victory as well.”

    We need a new “Dumbarton Oaks” to the 21st Century. On December 23, 1987, our Congress passed a law calling for the appointment by our President of a bipartisan U.S. Commission to Improve the Effectiveness of the United Nations. Commissioners should have been appointed by June 1, 1989. By August 1990 there was still no indication that our President would comply with this law of Congress. Let the voice of the people be heard!

    Send a copy of PlanetHood to the President and to your congressional leaders. Tell them you’re tired of delay and indecision. If they get flooded with reminders from the voters, they’ll soon take notice. It is time to act NOW so that the dreams of the U.N. founders may finally become a reality.

    We can no longer pretend that we don’t know what needs to be done. How long will It be until a president, prime minister, or general secretary calls for a Conference to Reform the United Nations or an International Constitutional Convention—and invites all nations to send delegates? Here is an opportunity for statesmanship and fame of the highest order. Let us seize this history- making opportunity and accept the challenge to create a more peaceful world.

    Like Paul Revere, let’s awaken our neighbors. Let’s give ourselves effective international law, world courts, and enforcement in a safe system of checks and balances. Let’s work continuously to bring about the day when our front lines of defense consist of brigades of international attorneys practicing before a binding world court. Then we’ll have finally secured our ultimate human right to live in dignity in a healthy environment free from the threat of war.

    We need a reliable cop on the international corner. Will you help our ungoverned world to create a world system that can work?

    You’ll be taking the Fifth Step toward planethood when you play your part in making the U.N. effective for the 21st Century. As a Planet- hood Patriot, you’ll know that you are doing what you can to make your life count. You will have saved yourself, your family, and all of the men, women, and children throughout our beautiful planet – now and for generations to come.

    IT DEPENDS ON YOU!

    Pull Quotes

    If we want peace, we must reform, restructure and strengthen the United Nations.
    – Dr. John Logue, Director Common Heritage Institute, 1985

    When we get to the point, as one day we will, that both sides know that in any outbreak of general hostilities, regardless of the element of surprise, destruction will be both reciprocal and complete, possibly we will have sense enough to meet at the conference table with the understanding that the area of armaments has ended and the human race must conform its actions to this truth or die.
    – Dwight D. Eisenhower, U.S. President, April 4, 1965

    When there is a problem between two small nations, the problem disappears. When there is a problem between a big country and a small country, the little country disappears. When there is a problem between two big countries, the United Nations disappears.
    – Victor Belaunde, Peruvian U.N. Ambassador

    A Security Council that can be rendered impotent by the vote of one nation obviously cannot begin to guarantee security. A General Assembly that can pass resolutions with the votes of nations representing less than 10 percent of the world’s population, and some 3 percent of the gross world product, will not have, and cannot get, the respect it must have if its decisions are to be taken seriously.
    – Dr. John Logue, Director Common Heritage Institute
    ”A More Effective United Nations” New Jersey Law Journal December 26, 1985

    As Secretary General of this organization, with no allegiance except to the common interest, I feel the question must be justifiably be put to the leading nuclear powers: By what right do they decide the fate of all humanity?…No one can expect to escape from the catastrophic consequences of a nuclear war on the fragile structure of our planet. The responsibility assumed by the Great Powers is now no longer to their populations alone; it is to every country and every people, to all of us.
    – Javier Perez de Cuellar, U.N. Secretary General December 1984

    The cause of the United Nations is inseparable from the cause of peace. But we will not have peace by afterthought. If the United Nations is to survive, those who represent it must bolster it, those who advocate it must submit to it, and those who believe in it must fight for it.
    – Norman Cousins, President World Federalist Association
    Author, Anatomy of an Illness

    The United Nations is an extremely important and useful institution provided the people and governments of the world realize that it is merely a transitional system toward the final goal, which is the establishment of a supranational authority vested with sufficient legislative and executive powers to keep the peace.
    – Albert Einstein

    World federalists are working for disarmament by seeking the ways to end all use of force in international relations. The only real alternative to war is an international legal system which provides common security for all states through the peaceful and just resolution of disputes according to law. This is vitally important in a world which has nuclear weapons. World federalists believe the test of sincerity of all who claim to want disarmament is their willingness to create and to be bound by a common world law and by agreed procedures for preventing aggression and solving conflicts peacefully. 
    – World Federalism
    World Association for World Federation

    We seek to strengthen the United Nations, to help solve its financial problems, to make it a more effective instrument for peace, to develop it into a genuine world security system… capable of resolving disputes on the basis of law, of insuring the security of the large and the small, and of creating conditions under which arms can fully be abolished… This will require a new effort to achieve world law.
    – John F. Kennedy, U.S. President

    The proposed system of comprehensive security will become operative to the extent that the United Nations, its security council and other international institutions and mechanisms function effectively. A decisive increase is required in the authority and role of the United Nations and the International Atomic Energy Agency.
    – Mikhail Gorbachev, Soviet General Secretary, address to U. N., September 1987

    This planet is in bad political shape and is administered appallingly. An outer-space inspection team would undoubtedly give us an F (failure) or a triple D (dumb, deficient, and dangerous) in planetary management. Our world is afflicted by a good dozen conflicts almost permanently. Its skies, lands, and oceans are infested with atomic weapons which cost humanity 850 billion dollars a year, while so many poor people are dying of hunger on this planet. And yet, I have seen the U.N. become universal and prevent many conflicts. I have seen the dangerous decolonization page turned quickly and with infinitely less bloodshed than in Europe and the Americas in preceding centuries. I have seen a flowering expansion of international cooperation in thirty-two U.N. special agencies and world programs.
    – Robert Muller, Former U. N. Assistant Secretary General

    There is enough bad people to make world federal government necessary, and there is enough good people to make it work. 
    – Source Unknown

    Many of these proposals may appear unpatriotic or even treasonous to those who identify being patriotic with the worship of American military power… If patriotism is an active concern for one’s freedom, welfare and survival of one’s people, there is no patriotic duty more immediate than the abolition of war as a national right and institution.
    Cord Meyer
    Peace or Anarchy

    Let us also think about establishing an emergency environmental aid centre within the U.N. Its function would be to promptly dispatch international groups of experts to areas that have experienced a sharp deterioration in the environmental situation.
    Mikhail Gorbachev
    Soviet General Secretary
    Address to the U.N., New York
    December 7, 1988

    It is dangerous in the most literal sense of the word, when streams of poison flow into the rivers, when toxic rains fall on the earth from the sky, when towns and entire regions are suffocating in an atmosphere saturated with the fumes put out by industry and by vehicles, when the development of nuclear power is accompanied by unacceptable risks.
    – Mikhail Gorbachev
    Soviet General Secretary
    Address to U.N., September 1987

    A federation of all humanity, together with a sufficient means of social justice to ensure health, education, and a rough equality of opportunity, would mean such a release and increase of human energy as to open a new phase in human history.
    – H.G. Wells
    Noted Historian

    With all the positive news that’s coming from Eastern Europe and the U. S. government about significant nuclear arsenal reductions (as much as 50%), it’s easy to get lulled into complacency about the nuclear arms race. But consider this: the U.S. is still building and testing nuclear weapons and their delivery systems. We are still building the ultimate doomsday device known as star Wars. Even with these reductions in our arsenals, U.S. and Soviets will still have enough fire power to blow the world up 5,000 times, not to mention the French, Israeli, or Chinese stockpiles (as well as the rest of the world). And what about all the toxic wastes? Where will the madness end?
    – Richard Gold
    Eugene Peace Works
    Eugene, Oregon

    The founding of the United Nations embodies our deepest hopes for a peaceful world. And during the past year, we’ve come closer than ever before to realizing those hopes. We’ve seen a century sundered by barbed threats and barbed wire, give way to a new era of peace and competition and freedom. This is a new and different world. Not since 1945 have we seen the real possibility of using the United Nations as it was designed, as a center for international collective security.
    – George Bush
    U.S. President, October 1, 1990
    Address to the United Nations

    Environmentalists and politicians can argue the costs and benefits of international action on global warming from now until doomsday, and they probably will. But nothing will get done without an institutional mechanism to develop, institute, and enforce regulations across national boundaries.
    – Elliot Richardson
    Head of the U. S. Delegation
    Law of the Sea Conference

    A 14-POINT PROGRAM for Reforming the United Nations

    1. Improve the General assembly decision-making process.

    2. Modify the vet in the Security Council.

    3. Create an International Disarmament Organization.

    4. Improve the dispute settlement process.

    5. Improve the U.N.’s peacekeeping capability.

    6. Provide for adequate and stable U.N. revenues.

    7. Create an International Court of Justice.

    8. Create an International Criminal Court to try hijackers and terrorists.

    9. Improve the U.N.’s human rights machinery.

    10. Create a stronger U.N. environmental and conservation programs.

    11. Provide international authorities for areas not under national control.

    12. Provide for more effective world trade and monetary systems.

    13. Establish a U.N. development program.

    14. Achieve administrative reform of the U.N. system.

    For more information, write to Campaign for U.N. Reform, 418 Seventh Street, S.E., Washington, DC 20003. Phone: (202) 546-3956

     

    PRESERVING THE GLOBAL ENVIRONMENT

    Prepared by the World Resources Institute, Washington DC, and the American Assembly, affiliated with Colombia University, founded by Dwight D. Eisenhower in 1950.

    Three indivisibly linked global environmental trends together constitute an increasingly grave challenge to the habitability of the earth. They are human population growth; tropical deforestation and the rapid loss of biological diversity; and global atmospheric change, including stratospheric ozone loss and greenhouse warming. These trends threaten nations’ economic potential security therefore their internal political security, their citizen’s health (because of increased ultraviolet radiation), and, in the case of global warming, possibly their very existence. No more basic threat to national security exists. Thus, together with economic interdependence, global environmental threats are shifting traditional national security concerns to a focus on collective global security.

    The degradation of the global environment is integrally linked to human population growth. More than 90 million people are added each year – more than ever before. On its present trajectory, the world’s population could nearly triple its current size, reaching 14 billion before stabilizing. With a heroic effort, it could level off at around 9 billion. However, today’s unmet need for family planning is huge: only 30 percent of reproductive age people in the developing world outside of China currently have access to contraception. Women’s full and equal participation in society at all levels must be rapidly addressed.

    Tropical deforestation and the loss of a diverse set of species rob the earth of its biological richness, which undermines long-range ecological security and global economic potential. Nearly 20 million hectares of tropical forests are lost every year. Conservative estimates put the extinction rate at one hundred species per day: a rate unmatched since the disappearance of the dinosaurs. Escalating human populations, deforestation, disruptions of watersheds, soil loss, and land degradation ate all linked in a vicious cycle that perpetuates and deepens poverty, and often creates ecological refugees.

    The depletion of the ozone layer by chlorofluorocarbons (CFCs) allows increased ultraviolet B radiation from the sun to enter the earth’s atmosphere, threatening human health and the productivity of the biosphere.

    There is a scientific consensus that rising concentrations of greenhouse gases will cause global climactic change. Atmospheric levels of carbon dioxide have increased 25 percent since the beginning of the industrial era.

    Therefore, the earth is set to experience substantial climate change of unknown scale and rapidity. The consequences are likely to include sea level rise, greater frequency of extreme weather events, disruption of ecosystems, and potentially vast impacts on the global economy. The processes of climate change are irreversible and major additional releases could be triggered from the biosphere by global warming in an uncontrollable self-reinforcing process (example: methane release from unfrozen Arctic tundra).

    We call attention to the immediate need for immediate international action to reverse trends that threaten the integrity of the global environment. These trends endanger all nations in the common interest. Our message is one of urgency. Accountable and courageous leadership in all sectors will be needed to mobilize the necessary effort. If the world community fails to act forcefully in the current decade, the earth’s ability to sustain life is at risk.

    Excert from Preserving the Global Environment: A Challenge of Shared Leadership. New York: W.W. Norton & Company, 1990.

    [1] Ecocide is the deliberate destruction of the natural environment, as by pollutants. 
    [2] For more information and a videotape on the Binding Triad, write the Center for War/Peace Studies, 218 E. 18th Street, New York, NY 10003. Phone: (212) 475-1077.
    [3] After World War II, the Soviet Union took over Lithuania by military conquest – not the free vote of the people. You will recall that the Philadelphia Constitutional Convention in 1787 clearly specified that the vote of the people – not the politicians – was required to join the United States of America. Lithuania’s desire today for independence is not considered aggression. 
    [4] Pace Law School in White Plains, New York has a Center for Environmental Legal Studies headed by Professor Nicholas A. Robinson. He teaches lawyers about environmental problems now facing our nation and the world.
    [5] From Effective Global Environmental Protection by Pamela Leonard. Published by World Federalist Association, May 1990.