I

Fall 2002

Ethically SpeakingThe International Center for Ethics, Justice, and Public Life • Brandeis University

The Inaugural Session of The Brandeis Institutefor International Judges (BIIJ) n June 2002, the Center hosted the first Brandeis Institute for International Judges (BIIJ). The purpose of the BIIJ is toencourage the development of the newinternational jurisprudence, one that isinformed as much by the practical applicationof ethical and moral considerations as it is bylegal ones. By providing an opportunity forconfidential discussion among judges sittingon international courts and tribunals, theInstitute fosters reflection, learning, andjudicial innovation.

The overarching theme of the Institute was“The New International Jurisprudence: BuildingLegitimacy for International Courts andTribunals.” Several seminars focused on theethical dimensions of topics through the analysisof texts from philosophy and literature.Participants grappled with a variety of issues thathave emerged with the development of aninternational legal order in the context of

globalization. Possibilitiesfor practical solutions todilemmas facinginternational courts andtribunals were discussed andassessed.

Judges from thefollowing courtsparticipated in theInstitute:

• The African Commission and Court for Human and Peoples’ Rights• The European Court of Human Rights• The International Tribunal for the Law of the Sea• The International Criminal Tribunal for the former Yugoslavia• The International Criminal Tribunal for Rwanda

Core faculty consisted of JusticeRichard Goldstone of the ConstitutionalCourt of South Africa and former chiefprosecutor for the International CriminalTribunal for the Former Yugoslavia andRwanda; and Jeffrey Abramson, professorof politics and legal studies at Brandeis.

dependent on each other in the so-called“global village.”

And those who think that they can turninward and ignore this development may be wiseto listen to those who know better. I have quotedthe Sayings of the Vikings before in this context.Also on this occasion, I would like to refer to thefollowing lines, written more than a thousandyears ago:1

Reflections on the International Rule of LawBy Hans Corell, Under-Secretary-General for Legal Affairs,the Legal Counsel of the United Nations

Excerpted from “Ethical Dimensions of International Jurisprudence and Adjudication,”Keynote Address for the Brandeis Institute for International Judges, June 10, 2002

T he development in the field of international law over the last few years has beenremarkable. Yes, there are those who arecritical and even deny the very existence of thislaw. However, the development is there; theinternational system of rules, based on treaties,is growing exponentially. There is no turningback. We must realize that no state, not even thestrongest, can today act on its own. We are all

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In This Issue2 News

3 From the Director

4 Five Years of Ethics and Coexistence Fellows

5 Student Fellows 2002

6 Choreography of Conflict

9 New Advisory Board Members

10 Spring/Summer Highlights

12 Brandeis in the Berkshires

☛ continued on page 9

For more information visit us online at www.brandeis.edu/ethics

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MissionThe International Center for Ethics, Justice,and Public Life at Brandeis University exists toilluminate the ethical dilemmas andobligations inherent in global andprofessional leadership, with particular focuson the challenges of racial, ethnic, andreligious pluralism. Examining responses topast conflicts, acts of intervention, andfailures to intervene, the Center seeks toenable just and appropriate responses in thefuture. Engaging leaders and future leaders ofgovernment, business, and civil society, theCenter crosses boundaries of geography anddiscipline to link scholarship and practicethrough publications, programs, and projects.

StaffDaniel TerrisDirector

Cynthia CohenDirector of Coexistence Research andInternational Collaborations, SlifkaProgram in Intercommunal Coexistence

Marci McPheeAssistant Director

Leigh SwigartAssociate Director

Melissa BlanchardWriter

Jennifer RouseAdministrative Assistant

Lesley YalenProgram Coordinator, Slifka Programin Intercommunal Coexistence

Mary DavisAcademic Director, Brandeis Seminarsin Humanities and the ProfessionsProgram

Kanan MakiyaFaculty Associate

International Advisory BoardTheodore C. Sorensen, ChairMorton AbramowitzDiego ArriaJames CarrollRichard J. GoldstoneKerry Kennedy CuomoKishore MahbubaniGabrielle Kirk McDonaldSari NusseibehAhmedou Ould-AbdallahJudith SchneiderPaul SimonStephen J. SolarzJoshua L. SteinerLiv Ullmann

News

Center director, Daniel Terris, hasjoined the Board of Trustees ofWheelock College, Boston,Massachusetts. ■ For 10 days inJuly Marci McPhee visited SouthAfrica. In Cape Town, Johannesburg,and Pretoria, she visited former andcurrent Brandeis International Fellows,Student Fellow internship sites IkamvaLabantu and UMAC, and many relatedorganizations. ■ With the developmentof the Slifka Program in IntercommunalCoexistence, Cynthia Cohen is now thedirector of coexistence research andinternational collaborations and LesleyYalen is the program coordinator. ■ InMay Melissa Holmes Blanchard ’96received her M.A. in InterculturalRelations from Lesley University,Cambridge, MA. ■ In October MaryDavis co-facilitated “Ethics and theHealth Professions in End-of-Life Care,”a pilot program of the Humanities andthe Professions, with Stephen Aronsfrom the University of Massachusetts-Amherst and H. Brownell Wheeler ofthe co-sponsoring organization, the

Massachusetts Compassionate CareCoalition (MCCC). ■ In July formerEthics and Coexistence Student FellowSarah-Bess Dworin ’01 gave apresentation on her experiences andresearch in Northern Ireland as a Fellowat a conference on “violence andadolescence” in Tel Aviv, Israel.■ This summer Tova Neugut ’01, alsoa former Student Fellow, completed aHart Fellowship with the Rural FamilySupport Organization (RuFamSO) inMay Pen, Jamaica. ■ In AugustAlexander Gribanov, of the SakharovArchives, traveled to Russia and Latviato begin a project entitled “RecoveringAndrei Sakharov’s Legacy: TheSearch for Unpublished Documents.”■ Former faculty associate PumlaGobodo-Madikizela has beenappointed associate professor ofpsychology at the University of CapeTown, South Africa. She is alsoadjunct professor and seniorconsultant for the African EthicsInitiative at the University of Natal,Pietermaritzburg.

The Center would like to welcome LeighSwigart, the new associate director of theCenter. In this role, she manages thedevelopment of seminars for professionals,including the Brandeis Seminars inHumanities and the Professions and theBrandeis Institute for International Judges.A cultural anthropologist by training, heracademic work and publications have focusedon language use in post-colonial Africa, andon the role of community associations in thelives of African immigrants in the UnitedStates. Her experience in internationaleducation includes a tenure as director of the

The Center Welcomes New Staff MemberWest AfricanResearchCenter inDakar,Senegal, andshe has servedas the assistantdirector of theAfrican StudiesCenter at theUniversity ofPennsylvania. Leigh holds a Ph.D. insociocultural anthropology from theUniversity of Washington, Seattle.

Leigh Swigart

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ne of the chief characteristics of Saddam Hussein’s regime is its impenetrability, its unwillingness to submit to worldstandards. The precipitating issue is that Iraq isunwilling to admit United Nations inspectorswhose job is to examine whether weapons ofmass destruction are being developed. We are,quite rightly, outraged by Saddam’s high-handedtreatment of the world community, by his blitheinsistence that the U.N. is corrupt, that itsinspection system is fixed, and that furthermoreIraq should simply be trusted to be a respectablemember of the global order. His record – of massslaughter against his own people, of aggressiveincursion into the landsof his neighbors, ofbeing caught in liesabout his weaponsprogram – makes hisclaims untenable.

The Iraqis say thatthey are themselvessufficient judges of theirown activities, and thatoutside intrusion isunwarranted andimmoral. But even if wethought better of Iraqimotives and actions,this attitude seems clearly off-base. In aworld where nations’ fates are increasinglyinterwoven, where technology, for better andfor worse, magnifies actions and their impact,no country can claim that its affairs are strictly“internal.” Even if we showed no concern forthe Iraqi people, we are right to worry thatSaddam Hussein’s weapons program threatensthousands, perhaps millions, beyond his borders.In a global age, we cannot afford any nation theright to stand apart from the scrutiny of theworld community.

From the Director

On Acting Alone

The problem, however, is that in thisparticular aspect, the United States has alloweditself to become the mirror image of Saddam’sIraq. For all of the openness of its society – itsdemocratic polity, its relatively open borders,its freedom of assembly and expression – theUnited States has become smug about its ownrighteousness and, like Iraq, has becomeincreasingly unwilling to open itself to thescrutiny and judgment of the global community.Our government treats overseas criticism of ourmotives and actions as spite and envy, unwillingto separate legitimate critique from invective andassault. Our high-handed treatment of the

United Nations hasoften underminedthe globalcommunity’s abilityto make inroads onprecisely the humanrights issues that weclaim to cherish.

The mostimmediate case inpoint is theAmerican resistanceto the formation ofthe International

Criminal Court, now ratified by more than 60countries and in the process of formation in TheHague. The irony is obvious: Americans aretaking upon themselves the mission of riddingthe world of one of its most notorious masscriminals, while turning their backs on aninstitution whose very mission is to hold tyrantslike Saddam accountable. And why? Because weare ourselves unwilling to submit to the scrutinyof world opinion, unwilling to take the risk thatsomeplace, somewhere, Americans might be heldaccountable for their actions by the largercommunity of humankind.

Why does it matter? American hypocrisy,after all, may be a venial sin in comparison tothe wanton havoc wreaked by the Iraqi regime.And American resistance to intrusions on itssovereignty has a venerable history that extendsback through many administrations.

American resistance to outside “inspection”has at least two serious consequences. The first isthat our short-term victories will ultimately beundermined by distrust and resentment. Who,in the long run, will want to cooperate with anation that considers itself above the reachof the opinions and judgments of its friendsand neighbors? The United States will enjoyshort-term alliances based on convenience andself-interest, but the long-term success of aninterconnected global community depends onmutual respect. A nation that acts alone andbegins to cherish its role as the lone guardian ofhuman goodness will eventually fulfill itsprophecy and discover at a not-so-distant daythat those who create an island paradise ofisolation find themselves surrounded by the vastand unforgiving sea.

Besides, by insulating ourselves fromjudgment and criticism from abroad, we closedown opportunities for strengthening the valuesthat we claim to cherish – the free exchange ofideas, progress towards eliminating injustice, thework towards creating “a more perfect union.”

So, yes, let us make a reasoned decisionabout what kinds of action to take against thosewho reject the inspection and the judgment ofthe community of nations. But let us also openour hearts, our minds, and our actions to thejudgment of others, lest we become more like thetyrannies we despise.

In a world where nations’ fates

are increasingly interwoven,

where technology, for better

and for worse, magnifies

actions and their impact, no

country can claim that its

affairs are strictly “internal.”

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he first round of Ethics and Coexistence Student Fellows (ECSF) was selected in 1997 and embarked on their internships in 1998. Now, five years later, the ECSF program has graduatedfive rounds of Fellows. Fellows have come from a full range of academic, ethnic, religious, andpolitical backgrounds. Some students have traveled extensively; for others, the program was their firstopportunity to go outside of the country.

As the sixth round of students are being selected, the structure of the program has changed verylittle since its inception. Students apply during their sophomore or junior year. Fellows participate in athree-part program beginning in January and concluding in December of the same calendar year. Inthe spring Fellows take a four-credit course, “Introduction to Coexistence.” The course prepares themfor their work over the summer as interns in grassroots organizations doing coexistence work. Fellowsare awarded a stipend to cover expenses forthe summer internship. Currently studentsselect from organizations in Guatemala,Israel/Palestine, Northern Ireland, SouthAfrica, Sri Lanka, or the USA. Following theirinternship, Fellows take a tutorial course inthe fall to put the internship experience intoperspective.

Five Years of the Ethics and CoexistenceStudent Fellows (ECSF)

Five Years of Fellows

1998

1999

2000

2001

2002

Liora Cobin ’99Manuel Costescu ’99Nageeb Ali ’99Benjamin Singerman ’99Eldad Elnekave ’00Brahmy Poologasingham ’00Ariele Cohen ’99Forsan Hussein ’00

Wendi Adelson ’01Tamara Beliak ’00Lauren Elson ’00Keren Ghitis ’01Karen Hovav ’00Devika Mahadevan ’00

Sarah-Bess Dworin ’01Nakisha Evans ’02Sophia Moon ‘02Tova Neugut ’01Zachary Sherwin ’02Andrew Slack ’02

Aliya Caler ’02Maryanne Cullinan ’02Anna Jaffe-Desnick ’02Jennifer Lewey ’02Yaser S. Robles ’03Daniel Weinstein ’02

Jocelyn Berger ’03Miriam Kingsberg ’03Aran Lavi ’04Trang Nguyen ’03George Okrah ’03Susan Ulrich ’03

• Argentina• Bosnia• Bulgaria• China• Ecuador• The Gambia• Grenada• Guatemala• Israel• Mozambique• Northern Ireland• Pakistan• South Africa• Sri Lanka• Tanzania• United States• Yugoslavia

ECSFInternship Sites

George Okrah ’03Celas Maya, Quetzaltenango, GuatemalaWorks to recuperate and maintain the collectivememory and history of the Quiché Maya and todevelop alternative solutions to educationproblems for the highlands Mayan youth

Susan Ulrich ’03Roca, Chelsea and Revere, MassachusettsA grassroots human development andcommunity building organization thatpromotes social justice by creatingopportunities for young people and families tolead happy and healthy lives

Jocelyn Berger ’03Sewa Lanka Foundation, Colombo, Sri LankaPromotes social mobilization and institutionalcapacity building in conflict-affectedcommunitiesNational Peace Council, Colombo, Sri LankaConflict resolution organization dedicated tobuilding a people’s movement for peace andcreating the environment for a negotiatedsettlement to the conflict in Sri Lanka

Miriam Kingsberg ’03FACT (Families Against Crime byTerrorism), Lisburn, Northern IrelandDedicated to relieving the suffering anddeprivation of victims of terrorist violence and

their families and to provide a voice for suchpeople in the community

Aran Lavi ’04Sewa Lanka Foundation, Colombo,Sri LankaPromotes social mobilization and institutionalcapacity building in conflict-affectedcommunities

Trang Nguyen ’03Ikamva Labantu, Cape Town, South AfricaA non-profit organization that supportsdemocracy in post-apartheid South Africa byproviding educational and economic resources tocommunity members in the townships

2002 Ethics and Coexistence Student Fellows

5

Sarah-Bess Dworin, ECSF ’00, works foran urban teen organization in Chicagofacilitating educational programs in theschools and running leadership programs.

Forsan Hussein, ECSF ’98, is acommunicationsassociate for TheAbraham Fund, a not-for-profit organizationdedicated to promotingcoexistence between theJewish and Arab citizensof Israel.

Nageeb Syed Ali, ECSF ’98, is a Ph.D.student in economic analysis and policy atStanford University, California, where herecently helped form a small Muslim-Arab-Jewish dialogue group with the Stanford Hillel.

Liora J. Cobin, ECSF ’98, is earning herM.A. in public history from Loyola University,Illinois.

Lauren Elson, ECSF ’99, just returned for hersecond year at Tufts Medical School,

Massachusetts, afterspending the summer inEcuador with a publichealth grant to investigatecryptosporidiumcontamination of Quito’swater supply.

Wendi Adelson, ECSF ’99, is workingtowards her M.Phil in international relations at

the University ofCambridge, England,were she is studying on aGates CambridgeScholarship.

Brahmy Poologasingham, ECSF ’98, isstudying refugee and immigration law andhuman rights, as a law school student at theUniversity of Washington, Seattle.

Where Are They Now?

Manuel Costescu, ECSF ’98, spent thissummer volunteering in Peru and this fallbegan his studies at the Kennedy School ofGovernment,HarvardUniversity,Massachusetts, asa KokkalisScholar.

Maryanne Cullinan, ECSF ’01, is aseventh-grade English and social studiesteacher in Weare, New Hampshire.

Sophia Moon, ECSF ’00, volunteers withAmeriCorps as acommunity servicelearning coordinator atTufts Medical School,Massachusetts.

“T he situation in Nablus? The curfew is still in effect, in fact, they are tightening it. There is still a

shortage of everything in the city: no fruits, novegetables, no freedom. The situation is boilinglike a volcano.”

So writes my friend and colleagueMohammed, a professor of English,peacebuilder, and community educator livingwith his family in the West Bank city ofNablus.

Becoming friends with Mohammed thissummer has provided me with a challengingexercise in imagination. For me, this has beenan unusually relaxingsummer – a few weeksto slow down, work inthe yard of my old NewHampshire farm house,and swim in the lakenearby. One evening, Ikayaked under acrescent moon as thesky deepened slowlyfrom pink to purple toblack.

I have relishedthese moments of peaceand calm freedom,extraordinary in theiruneventful quietness.Yet in these moments Ithink often of myfriend Mohammed,whose situation couldnot be more differentfrom mine. Duringthese same weeks whenI have found time toswim and to kayak,Mohammed has been under curfew in hishouse in Nablus. In the last 70 days,Mohammed and his wife and children havebeen allowed out of their home forapproximately 40 hours. The rest of the timethey have been prisoners.

Mohammed and I were brought togetherin a coexistence project involving Palestinian,

Choreography of Conflictby Cynthia Cohen

Israeli, andJordanianprofessionals whowork with youth. Over the summer I havemaintained email and phone contact with allof the partners, most intensively withMohammed, who has been largely cut off fromthe outside world. I have listened to him sharehis perspective on the death dance that hasensnared the Middle East with its all-too-repetitive twists and turns, its bloodyexplosions, and stifling stillnesses. I listenedin hopes that he might gain some smallmeasure of relief from his ordeal by putting

words to hisexperiences andshaping his frustrationsinto stories. “I believein peace like I believein God,” he once toldme. I have tried tosupport his faith in thepossibility of peace.

The dance ofdeath catapults itselfthrough Nablus,roaring down thestreets of Mohammed’sneighborhood,smashing cars, anddestroying homes.Helicopter gunshipsand fighter planes fillthe night skies. Unableto visit a mosque or hisparents in a nearbyvillage for over twomonths, unable to fillhis family’s refrigerator,Mohammed finds

himself hesitant to engage others indiscussions of peace. “How can I talk to mychildren about peace now?” he asks. “Thechildren are angry, they are shouting, they arecursing life. You won’t see a smile on theirfaces. They speak only words of war: theydebate which weapon made which sound, theydiscuss the sizes of bullets from various guns.”

Many of the stories Mohammed shares withme are testaments to the resilience of the humanspirit. During the first round of curfews, in April,he taught his seven-year-old son to play chess. InJuly, during a four-hour break in the curfew, hisseventeen-year-old daughter raced to herclassroom to complete the Tawjihi, her finalscience examination necessary for graduationfrom high school. Frequently, the children in hisneighborhood have made kites from trash bagsand paper, flying them from their verandas andtheir windows, joking that with their kites theywill fight off the F-16s. But the young people ofNablus have had no real opportunities to beoutside, to ride their bikes, or to play thissummer. “We won’t let the principal count thedays under curfew as part of our summervacation,” Mohammed’s son tells him. It hardlyseems fair.

In August, as restrictions on travel groweven tighter, Mohammed told me that donkeyshad become the 21st century mode oftransportation. With car, bus, and trucktransportation banned, “you can even seedonkeys carrying computers.”

And after months of living under curfew,sometimes for as many as 20 days without abreak, Mohammed reports a kind ofdemoralization among the adults as well as thechildren. “Sometimes we sit all day in ourpajamas, and I might not shave for three days ina row. When is the last time I wore my shoes?”With potatoes and grains the only foodsremaining, the situation is becoming quitedesperate.

It isn’t the short-term effects, however, thatworry Mohammed the most. He worries about thefuture of the Middle East and that the worst maybe yet to come. He worries that in 10 or 20 years,the seven-year-olds of Nablus will still be filledwith hate and anger. And that leads him to worryabout the future of both Israelis andPalestinians. “Where will we be in 25 or 50 or100 years? What will the Israelis reap from therage and the hatred they are sowing now in thehearts of the children of Nablus?”

The same coexistence project that bringsme into contact with Mohammed also affords me

I worry that we are blind to

the rage and hatred being

sown in the hearts of

children in the Middle East

and elsewhere who are now,

or in the future will be,

caught in the crossfire of

wars waged in the name of

security . . . From whose

example will today’s

youngsters - whether living

in New York or Nablus, Tel

Aviv or Baghdad — learn the

courage, creativity and

wisdom to choreograph a

different dance?

6

Community Histories by Youth in the Middle East (CHYME), is a project that engages 15

young professionals working with Palestinian, Israeli, and Jordanian youth in designing

and implementing community research projects that will enhance communication

among young people from the three areas. The Center is collaborating with the following

partners: MASAR (Jordan), Givat Haviva (Israel), the Palestinian House of Friendship

(Palestine), and the Center for Youth and Communities at Brandeis. The first institute

was held in October 2001 and the second was scheduled for July 2002. However,

because of the curfew in Nablus and much of the West Bank, our Palestinian partners

were unable to travel to the United States in July. The Center is very enthusiastic about

the project and is happy to report that it is moving forward, with the second institute

scheduled for October 27 through November 4, 2002.

opportunities to speak regularly with Shimon, ayoung Israeli father whose greatest joy thissummer has been swimming daily with his two-year-old son. Shimon isa coexistence facilitatorand student of peaceand development whosecapacity to imagine theperspective of the“other side” isremarkable.

Shimon stood just10 life-preservingmeters away from theblast that in Augustforever shattered thesense of safety atHebrew Universityenjoyed alike by Araband Jewish students andIsraeli andinternational scholars. Among those killed andinjured in recent attacks, he counts severalfriends and acquaintances, including both Arabsand Jews.

Shimon worries for his own safety and forthe safety of his son. Even more, Shimon worriesthat Israelis are somehow becoming numb to thesituation, no longer even shocked by the deathscaused by suicide bombers, ignoring as much aspossible the destruction and suffering in theterritories. The tensions in the air – the fear, thepain, the divisions within Israeli society andbetween Israelis and Palestinians – seemsomehow to have become normal. Like manyIsraelis, he lives “in the moment” as much aspossible, because he feels that any moment couldbe his last.

Shimon has watched as this summer’sdance of death stalks his family and community,insinuating itself into their dreams, crashingobscenely into their parties, leaving in its wakeonly anguish, rage, and the echoes of screams. Aswith Mohammed, I have attempted inconversations with Shimon to support his faith inthe possibility of peace – even as those aroundhim are becoming ever more strongly embitteredand it becomes harder and harder for him to

speak the word.I listen to Mohammad’s and Shimon’s

questions and worries, not only as a peaceworker, but also as aJewish woman withanguished – butirrevocable – ties tothe Jewish people. Ilisten also as anAmerican, awarethat we, too, areliving with theburden of fear. Itseems, though, thatour leaders arereacting to threatsagainst us byleapingwholeheartedly intothe dance of death,rehearsing its next

moves. I worry that we are blind to the rageand hatred being sown in the hearts ofchildren in the Middle East and elsewhere whoare now, or in the future will be, caught in thecrossfire of wars waged in the name ofsecurity. When these young people become thenext generation of leaders, how could they notfeel as justified in reacting with violence asour leaders do now? From whose example willtoday’s youngsters – whether living in NewYork or Nablus, Tel Aviv or Baghdad – learn

Community Histories by Youth in the Middle East

Lying under the stars

by the lake, I imagine

Shimon’s and Mohammed’s

children with their dark and

questioning eyes. They are

pleading with us, the adults

whose actions are creating

their future, to take the long

view. What music will be

playing when they are old

enough to dance?

the courage, creativity, and wisdom tochoreograph a different dance?

Shimon’s and Mohammed’s perspectives onthe conflict in the Middle East are very differentfrom each other, and conversations between themhave been difficult at times. But when I listen tothem talk about their lives, I see that they arecloser together than I would have imagined.They both want the Israeli occupation of the WestBank and Gaza to end. They agree that thetargeting of civilians is wrong. Both of themsometimes discover themselves to be outsiders intheir own communities when they dare toarticulate their commitment to peace. They bothyearn for better political leaders for all of thepeople in their region. They both wish Americawould intervene more effectively to interrupt thecycle of violence. And both desperately hope for abetter future for their children.

Listening to Shimon and Mohammed thissummer has brought the conflict in their regioninto my life in an immediate way. Lying underthe stars by the lake, I imagine their childrenwith their dark and questioning eyes. They arepleading with us, the adults whose actions arecreating their future, to take the long view. Whatmusic will be playing when they are old enoughto dance?

September 1, 2002

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He is truly wisewho’s traveled farand knows the ways of the world.He who has traveledcan tell what spiritgoverns the men he meets.

Efforts aimed at enhancing the rule oflaw in international relations encompass boththe field of law-making as well as acceptanceof and respect for international law by allstates. Moreover, they should be accompaniedby increased encouragement of disseminationand wider appreciation of international law.

During the 20th century, international lawhas been developed both at the universal andregional levels. It has been incorporated in agreat number of universal, regional, andbilateral treaties.

The evolution of the new jurisprudenceis a major challenge for the internationalcommunity and, in particular, for the UnitedNations; justice and respect for the obligationsarising from treaties and other sources ofinternational law continue to be a key goal of theCharter. Since its establishment, the UnitedNations has helped create a global legal culturenecessary for thepromotion of respectfor the rules andprinciples ofinternational law.

In particular,the United Nationsand its agencies haveplayed a critical rolein advancing theinternational rule oflaw throughmultilateral treaties.These efforts have ledto the elaboration ofhundreds ofmultilateral treaties dealing with essentialissues of relations among states as well as theindividual rights to which human beings areentitled. They cover the spectrum of humaninteraction, including human rights,humanitarian affairs, terrorism, internationalcriminal law, refugees and stateless persons,the environment, disarmament, commodities,

organized crime, the oceans, transport,communications, space, commerce and trade,etc. The Secretary-General of the United Nationsalone is the depositary of more than 500multinational treaties.

This process not only put in writing thecustom. It also allowed all members of theinternational community to participate in theformulation of international law. It has beenfundamental to the very conduct ofinternational relations and the legitimizationand acceptance of international law. Some ofthe products of this codification process havelaid the structure of an entire field or domainof international law, setting forth principlesand rules that define the basic lineaments ofthe law and the framework within whichproblems are analysed.

In addition, today’s international law-making has to catch up with the speed oftechnological and scientific developments. Thelatest topic on the agenda of the Sixth Committeeof the General Assembly is “Human Cloning.”Forecasting future needs and making policydecisions about how such needs should beaddressed have become part of the required skillsof lawyers and policy makers.

However, at the present stage, in securingthe rule of law ininternationalrelations, focusshould be not somuch on a furtherincrease in thenumber of legalinstruments, butrather on astrengthening of thepolitical will to applyexisting instrumentswhen the need arisesand on a morewidespreadknowledge of their

content. This is a matter of law, but it isclearly also an ethical issue.

The level of adherence by states to the rulesof international law, whether treaty based orcustom based, has gradually becomeconsolidated. Many individual and nationalactivities are undertaken on the basis of existinginternational legal rules, and there is a growing

expectation of the need to comply withinternational law by states and other entities.Breaches have been widely reported andextensively discussed.

In early 1999, the Secretary-General ofthe United Nations, Kofi Annan, and his seniormanagers sought to identify the key policygoals for the Organization for the new century.To my great satisfaction, the consolidationand the advancement of international rule oflaw were identified as the second mostimportant goals for the Organization, next tothe maintenance of international peace andsecurity. This priority is now clearly reflectedin the Secretary-General’s statements and inhis reports to the General Assembly.

In its Millennium Declaration in September2000, the General Assembly further affirmed theimportance of rule of law in internationalrelations.2

Since 2000, the Millennium Year, theUnited Nations Secretariat organizes treatyevents in connection with high level meetingsof the General Assembly or internationalconferences to encourage wider participationin the multilateral treaties deposited with theSecretary-General. The response to theseevents has been impressive.

Users around the world currently accessthe U.N. Treaty Collection on the Internet over800,000 times every month. It is available freeof charge to non-governmental organizationsand users from developing countries inaddition to the U.N. family and governments.The Secretariat is also discussing how toincrease the assistance provided to countries to

Correll – continued from page 1

Hans Correll, Under-Secretary-General forLegal Affairs, the Legal Counsel of theUnited Nations

Much of the progress in many

countries in the field of

international law is due to the

active engagement of many

people of good will and their

knowledge of [related] areas

. . . ethics and justice are high

on their agendas.

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enable them to participate in the internationaltreaty framework.

Personally, I have written to legal advisorsof foreign ministries around the world seekingtheir assistance in encouraging law schools toinclude international law in their curricula,where they did not do so already. A websitedeveloped by the Office of Legal Affairs of theUnited Nations seeks to provide guidance inlocating legal material and sources of assistancewithin the U.N. system.3

However, maybe even more important is thecontribution by academia and the many non-governmental organizations that are engaged inthis work. Much of the progress in manycountries in the field of international law is dueto the active engagement of many people of goodwill and their knowledge of [related] areas. Notleast their scrutiny of how governments respecttheir international obligations is an importantfactor. Ethics and justice are high on theiragendas.

Ethics and JusticeWhen discussing this topic in an internationalsetting, it is necessary to start from a nationalperspective . . . At the national level, judges aresubject to various standards and disciplinaryregimes. This is the first thing you are madeaware of when you join the judiciary. I have stillin fresh memory December 1962 when Iappeared before the full Court in the districtwhere I served to take the judge’s oath, asprescribed in the Code of Judicial Procedure ofmy country. However, what made the deepestimpression on me at the time were theseriousness and the precision with which mysenior colleagues went about their daily work.

I recall the encouragement I received fromthose senior colleagues and the admonition tobow to no one but to the law. The “Rules for theJudges,” printed for the first time in 1619 andincluded in our now yearly law book since 1635,was a particular source of guidance andinspiration. Among them are the followingsentences:4

“All laws shall be such that they serve bestthe community and therefore, when the lawbecomes harmful, then it is no more law, butunlaw and should be abolished.” – “A good andkind judge is better than good law, because hecan always adjust to the circumstances. Where

there is an evil and unfair judge, there is no availbecause he will twist and do them injustice afterhis own mind.” – “A known matter is as good aswitnessed.”

. . . Certainly, judges are human beings too,and there were instances where I had views onhow my senior colleagues acted. But those weremarginal observations. The remainingimpression was the example set by persons whoindependently and impartially exercised theirjudicial functions without side-glances and tothe best of their ability. Many times later in life Ihave thought of these colleagues with gratitude.The 10 years in the judiciary of my country inthe 1960s and early 1970s taught me a lot and inparticular the importance of experience,confidence, and integrity.

It is important to note that considerableefforts have been made at the international levelto elaborate common principles for theindependence of the judiciary. These principlescan be seen as a common denominator for statesunder the rule of law . . .

At the international level, a classicdilemma presents itself: Quis custodetcustodes? Who supervises the supervisors?This must always be present in the minds ofjudges who serve at the international level. Ican think of no higher calling for a lawyerthan to serve in this capacity. But preciselybecause it is a high judicial office with limitedways of establishing accountability, it must beassumed with a humble mind. What isrequired is a deep insight that a competent,independent, and impartial internationaljudiciary is an indispensable element when weare making our best efforts to establish therule of law in international relations.

Email the Center at ethics@brandeis.edu forthe complete text of Hans Corell’s speech,printed in the “Annual Report of the BrandeisInstitute for International Judges, Year One.”

The Center is pleased to announce thatthree new members have joined theInternational Advisory Board. We arevery fortunate to welcome AmbassadorMorton Abramowitz, former UnitedStates assistant secretary of state andsenior fellow with the Century Foundation;Ambassador Kishore Mahbubani,permanent representative of the Republicof Singapore at the United Nations; andAhmedou Ould-Abdallah, executivesecretary of the Global Coalition for Africa(GCA).

Notes1 The Sayings of the Vikings. Translated from the Original by Björn Jónasson. Gudrun Publishing, Reykjavik, 1992.2 See GA RES/2000/2, paras. 9, 24 and 25.3 www.un.org/law4 Nordisk Familjebok, Volume 5, Aftonbladets Tryckeri, Stockholm, 1926, sp. 1116, and e.g. Sveriges Rikes Lag, 1993, page LXXVI.

New Advisory Board Members

Hans Corell, under-secretary-general forlegal affairs and the legal counsel of theUnited Nations, delivered the keynote addressand also served as a member of the guest faculty.

Additional guest faculty members includedselected 2001-2003 Brandeis InternationalFellows (BIF) in Human Rights, Intervention,and International Law. The second half of theJudges‘ Institute overlapped with the BIFInstitute. Five of the 10 Fellows arrived early toobserve the Judges’ Institute and prepare for theirroles as guest faculty. The overlap of the twoinstitutes provided opportunities for additionalinteraction between the judges and Fellows,including several joint sessions and social events.

The Center is pleased to announce that asecond BIIJ institute will be held in Salzburg,Austria and is scheduled for July 20 through26, 2003.

BIIJ – continued from page 1

For more information on the BIIJ Institute, pleasecontact the Center at ethics@brandeis.edu.

For information on Center programs orevents, please contact us.

The International Center for Ethics,Justice, and Public LifeMS 086 Brandeis UniversityP.O. Box 549110Waltham, Massachusetts02454-9110 USAPhone: 781-736-8577Fax: 781-736-8561Email: ethics@brandeis.eduWeb: www.brandeis.edu/ethics

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Selected Highlights of Spring and Summer 2002 Events

“Revelation and Concealment in the Transmission of IntellectualTraditions,” by Moshe Halbertal, professor of Jewish thought andphilosophy, the Hebrew University of Jerusalem. Co-sponsoredby the Tauber Institute for the Study of European Jewry, Historyof Ideas, and Near Eastern and Judaic Studies

“The Sovereignty Principle in a Global Democracy: Thoughts onTransforming the System of Nation States,” a talk by ProfessorMatthias Lutz-Bachmann, J.W. Goethe University, Frankfurt,Germany. Co-sponsored by the politics department and theCenter for German and European Studies

“Maternal Harm and the Ethics of Child Welfare Policy,” byDorothy Roberts, professor of law at Northwestern Law School

“September 11 and Its Consequences,” by Thomas L. Friedman’75, The NewYork Times.Sponsored bythe Office ofthe President incooperationwith the JewishCommunityRelationsCouncil

September 11: Roots and Aftermath – Public lecture series• “Understanding Radical Islam,” by Hassan Mneimneh, Iraqi Documentation Project, and Yitzhak Nakash and Kanan Makiya, Near Eastern and Judaic Studies• “From the Gulf War to September 11,” by Kanan Makiya, Near Eastern and Judaic Studies• “Western Religion, Violence, and Peacemaking,” by James Carroll, writer, and Kanan Makiya and Arthur Green, Near Eastern and Judaic Studies

On Sunday, March 3, 2002, the Center hosteda symposium to coincide with thepublication of The Rock: A Tale of Seventh-Century Jerusalem, a new work by Brandeisprofessor and Iraqi-born writer, KananMakiya. The Rock, a work of fiction based on

meticulousresearch, depictsseventh-centuryJerusalem, fromthe Muslimconquest to thebuilding of theDome of the Rock,through the eyesof the son of the

most prominent early convert from Judaismto Islam. The novel asks us to re-think ourideas about this sacred space, tracing theorigins of myths about the Rock to tangledroots in Jewish, Christian, and Islamictradition. The symposium looked beyond thecurrent political conflict between the Israelisand the Palestinians to explore the ways inwhich men and women of three ancientfaiths have invested meanings in the city’sstones. Makiya led the event by reading aselection from his book. This was followed bya panel discussion to examine a newJerusalem throughthe lenses of religion,history, architecture,and literaryimagination. TheCenter and the Jacoband Libby GoodmanInstitute for the Study ofZionism and Israelsponsored this event.

Thomas L. Friedman, ’75

“The Rock: Jerusalem’sSacred Space”

Kanan Makiya

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“The Refusniks,” by Guy Grossman,lieutenant (Reserves) Israel DefenseForces, and one of the founders ofOmetz Le’Sarev-The Courage toRefuse

“A Future for Colombia: Contributionsfrom the Exile,” a forum co-sponsoredby the Women’s Studies ResearchCenter

September 11: Roots and Aftermath—Public lecture series• “A Global War on Terrorism? Political, Legal, and Ethical Problems,” by Stanley Hoffmann, Harvard University• “Following the Money,” by Lynne Federman, J.P Morgan/Chase Manhattan, and Jane Hughes, economics• “Homeland Security and Civil Liberties,” by Harvey Silverglate, attorney• “September 11 and International Law,” by Anne-Marie Slaughter, Harvard University

September 11: Roots and Aftermath – Public lectureseries

• “Conflict and Catastrophe: Artists Respond,” by Nancy Scott, fine arts, and Ellen Driscoll, Rhode Island School of Design• “Weapons of Mass Destruction,” by Henry Linschitz, chemistry, and Gregory Petsko, Rosenstiel Center

“Ethical Dimensions of International Jurisprudence andAdjudication,” by Hans Corell, under-secretary-generalfor legal affairs and the legal counsel of the UnitedNations (see excerpt beginning on page 1)

“Jordan’s Role in the Israeli-Palestinian Conflict,” byJawad Anani, former chief of the Jordanian Royal Courtand member of the Jordanian Peace NegotiationDelegation

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Guy Grossman

On Saturday, August 17th, the Slifka Program inIntercommunal Coexistence and the Brandeis Arab-Jewish dialogue group brought to Brandeis 18 Arab-Israeliand Jewish-Israeli teens who are part of “Open House,” acoexistence program that is based in Ramle, Israel. Theteens were joined by members of the Brandeis Arab-Jewishdialogue group and other members of the Brandeiscommunity for a memorable weekend that included acoexistence workshop, canoeing trip, dinner at Sepal’sMiddle Eastern restaurant in Watertown, and a trip to theBoston Science Museum. It was a wonderful opportunityfor members of the Brandeis community to get to know agroup of young people that has remained committed toeach other and to a vision of coexistence, even whiletensions in their home communities are heightened.

Weekend with Arab and JewishTeens from “Open House” in Israel

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The International Center forEthics, Justice, and Public LifeBrandeis UniversityMS 086 P.O. Box 549110Waltham, MA 02454-9110 USA

Non-ProfitOrganizationU.S. PostagePAID

Boston, MAPermit No. 15731

The International Center for Ethics,Justice, and Public Life wasestablished through the generosityof the late Abraham Feinberg.

An informational Website has been developed as part of completion of a 12-month renewal grant, “Juvenile

Justice at the Crossroads II: Literature-BasedSeminars for Judges, Court Personnel, andCommunity Leaders.” Funded by the State JusticeInstitute, the informational Website was only onecomponent of the project that included seminarsand curriculum materials. The project also

undertook a deeper analysis of the issues raisedin the previous grant such as racial and ethnicdisparities in treatment of juvenile crime, femalejuvenile delinquency, and efforts at restorativejustice and community reintegration. The newsite includes resources for justice professionals,activists, community leaders and educators. Visitthe new resources online at www.brandeis.edu/ethics/seminars/crossroads.html.

Daniel Terris, director of the Center, served as program director for the inaugural summer of “Brandeisin the Berkshires” in 2002. Brandeis in the Berkshires brings together professional and communityleaders for intensive institutes that explore the major questions of our time through discussions ofthree types of texts: classic and contemporary readings; performances of plays, music and othercultural activities; and the professional experience of the participants. Two week-long institutes wereoffered in July 2002: “Playing God: The Human Quest to Control Fate from Macbeth to September 11”and “American Jews in a Multicultural Society.” Center board member James Carroll and facultyassociate Kanan Makiya served as moderators. The program was held on the grounds of Shakespeareand Company in Lenox, Massachusetts. Brandeis in the Berkshires was established through the supportand vision of Harold Grinspoon.

Planning has begun for three institutes in 2003. For details, contact Kathryn Levine at781.736.3355 or berkshires@brandeis.edu.

Brandeis in the Berkshires

New Web Resources on Juvenile Justice

The Center looksforward to workingwith Marion Smiley,the J.P. MorganChase Chair inEthics. ProfessorSmiley has writtenon such issues as moralresponsibility, the welfare state,feminism, and group identity. Herwork includes extensive engagementwith contemporary public questions.Dr. Smiley comes to Brandeis fromthe University of Wisconsin,Madison; and has also taught at theState University of New York atAlbany; Wesleyan University,Connecticut; Princeton University,New Jersey; and Wellesley College,Massachusetts.

New Chair in Ethics