BRUSSELSPhilippe Sands steps off his train at Brussels Midi station and sees a familiar face amidst a flurry of passengers. in 1982 and going on to achieve a first class honours in the LLM course a year later. In the process of his research, he met Niklas Frank, who is deeply ashamed of his Nazi father, and Horst von Wchter, the son of one of Mr. Franks Nazi deputies in Poland, Otto von Wchter, whose memory his son cannot bear to reject. They also attended the university where Sands was invited to speak. The international community moves very fast when it has tonot when it wants towhen it has to, he said during a July interview. While the book has a legal history to tell, to Mr. Sands, it was most importantly an effort to understand the secrets his grandparents kept, and to fill the yawning gap he came to feel about who he is, what he has become and why. He recalled the moment like a sporting match. The International Criminal Court has for years wrestled with shortcomings, having too much on its plate to effectively execute its mandate. It also doesnt hurt that Sands is an expert in the history of two of the worlds major international crimes: genocide and crimes against humanity. . WebPhilippe Joseph Sands, KC (born 17 October 1960) is a British and French writer and lawyer at 11 King's Bench Walk and Professor of Laws and Director of the Centre on International Courts and Tribunals at University College London. My view of international law is one step forward, one step sideways. She also wrote for a number of publications and her stories have appeared in the Washington Post, USA Today, Chicago Tribune, Seattle Times and The Associated Press, among others. But Id been asking him questions about his legal career for two days running, and he was still thinking about a womana clientnamed Marie Liseby Elys. (44) 20 7387 9597 Fax. A digest of the most pressing climate-related news, released every Tuesday and Friday. By changing the law, you are sending a signal: this is a value that we are cognizant of and that we want to protect.. One Stoppard says his first duty is to entertain the audience; the other Stoppard (more serious-looking, with glasses) says that any responsible writer has got to write about society. Look at Brecht, says the serious Stoppard. He asked himself why he had not thought or written about this, why he had not faced up to it. Menu. Last week, Sandss accusations suddenly did not seem so outlandish. Three days before Sands arrived in Brussels, world leaders concluded global climate change talks in Glasgow, Scotland. Even if the decision fell short on the illegality of nuclear weapon use, there was an opportunity for the U.N. tribunal to affirm the environments place in general international law. One chapter in the book scrutinizes how the first Bush administration justified the use of what is widely believed to be torture, in the name of fighting terrorism. . When Philippe and his wife Natalia Schiffrin spotted the house it was a bit run down in 1999 they didnt know its recent history or the connection with Milein Cosman and Hans Keller, both of whom have died. About a year ago, a book came out in England that made a fascinating prediction: at some point in the future, the author wrote, six top officials in the Bush Administration would get a tap on the shoulder announcing that they were being arrested on international charges of torture. Ad Choices. The taxi jerks to a stop outside the stately Warwick Hotel, and Sands drops his small roller bag at the front desk. They lived in it from the mid-1950s to the late-1960s. Otto and Horst von Wchter, circa 1942. In the course of his research, Sands came to know Niklas Frank, son of the notorious Hans Frank, the Nazi governor-general of the occupied Polish territorieswhich included Galicia, and hence the city of Lwwwho was directly responsible for the slaughter of millions of people. Philippe Sands relates the wider tragedy of the scandal with nerve and precision. When the Germans invaded, his father, a doctor with the Bata shoe company, was mercifully relocated by his employers to Singapore. He wanted to spare us, of course. Otto, an indicted war criminal, evaded justice and escaped to Rome after the war with the help of the Vaticanand, Sands came to discover, with the knowledge of the U.S. government. WebSands was born in London on 17 October 1960 to Jewish parents. The book also tells the story of a fourth man, Hans Frank, who as Hitlers personal lawyer and then governor-general of Nazi-occupied Poland, bore responsibility for the extermiation of the families of Lauterpacht, Lemkin and Buchholz. Subscribers can find additional help here. But, he argues, law does change consciousness. He has represented a number of countries in boundary disputes that inevitably are about access to, and exploitation of, natural resources. The words codified the idea of universal jurisdiction, which allows national governments to investigate and prosecute international crimes, even if committed outside the territory of that country. Guests at the blue plaque ceremony included Milein and Hans niece Ena Blyth, as well as current owners of the home, Philippe Sands and Natalia Schiffrin. In Lviv, he embarked on a journey of both familial and self-discovery. Having rebuffed Pinochet, Sands went to work for Human Rights Watch on the other side, arguing in favor of the application of universal jurisdiction and against immunity for the former head of state. Mountains in the Snow, by Erich Heckel akg-images/Artists Rights Society, New York City. Then, in the lead up to the 1998 conference in Rome that established the International Criminal Court, there was more discussion about a fifth crime of ecocide, but a number of countries thought the time wasnt right. The idea, they told him, was too vague to be taken seriously. Hans Frank was tried at Nuremberg and subsequently executed, a fate Niklas applauds: his own memoir In the Shadow of the Reich condemns his fathers actions. Schiffrin, who died of pancreatic cancer, was the son of a distinguished European literary publisher. He makes jokes and the audience laughs. When speaking about ecocide, one of the questions Sands is often asked is some variation of: Having a crime of genocide hasnt stopped genocide from happening, so what good would an ecocide crime do? The question is one he takes to heart and hes quick to admit that he is not starry-eyed about the law and its ability to stop horrific things from happening. Conscious of this, Sands knows he must deliver. They backed a U.N. resolution asking the International Court of Justice to issue an advisory opinion on the legality of the use of nuclear weapons. Its never going to happen., Finding His Place, Reluctantly, in the Tribe of Judaism, https://www.nytimes.com/2016/09/17/world/europe/philippe-sands-holocaust-nuremberg.html. Sands got his first chance to demonstrate his convictions professionally in 1998. . It inculcated a burning sense of being aggrieved at wrongdoing, and at the failure of people to take responsibility for their actions, Sands said. Agitating for progressive change in the law and culture has been a hallmark of his career, and now, believing the world is facing an environmental crisis of epic proportions, he has become a leading voice behind calls to put mass harm to the environment below international criminal laws moral red line, alongside war crimes and genocide. What haunts are not the dead, but the gaps left within us by the secrets of others, wrote a Hungarian-born psychoanalyst, Nicolas Abraham, whom Mr. Sands uses as an epigraph to the book that resulted, East West Street: On the Origins of Genocide and Crimes Against Humanity.. They presented the document through the island nation of Vanuatu in February 1991 at the first of six intergovernmental meetings leading up to the Rio conference. Pinochet spent some sixteen months under house arrest. His brother-in-law, Joseph Stiglitz, is a Nobel-prize winning economist, making Sands, with his laundry list of accomplishments, the lesser known spouse in the Schiffrin family. TV Shows. All strands of that thought-provoking exploration run through the city now known as Lviv (formerly Lemberg and Lww), where Sandss Jewish forebears lived and were massacred during the Second World War, and where the two lawyers who conceived of the terms genocide and crimes against humanity were originally educated. Its 8 p.m. when he arrives at the Doopsgezinde Singelkerk church, situated alongside one of Amsterdams iconic canals. The book reveals how Otto, with the unflinching support of his wife, Charlotte, rose through Nazi ranks, oversaw the deaths of over 130,000 men, women and children, including Sands relatives. International criminal law underwent a second growth spurt as ad hoc tribunals were set up to hold accountable perpetrators of atrocities in Rwanda and the former Yugoslavia, and calls for a permanent international criminal court grew louder. He grabs a quinoa saladIm trying to eat more vegetarian meals, he saysand takes his place in front of the screen. The acclaim for Sands books began to raise his profile outside of the international legal establishment and cement his place as a storyteller who could weave complicated topics into page-turning narratives. But actually its never going to happen. The Chagossians were forced from their archipelago in the 1970s. She is the daughter of the former publisher of Pantheon Books, the late Andr Schiffrin, and Mr. Sands concedes he was in awe of the familys literary milieu. As his imposing German aunt Maria once told him, Sportits as if youre a society columnist. Sands is a professor of law at the University College London. So he started cold-calling administration lawyers and pouring over official documents like Defense Secretary Donald Rumsfelds notorious Action Memo, which aimed to legitimize extreme interrogation measures like waterboarding, sleep deprivation and mental and physical torment. Want to change your email address or password? But at this moment, he is in the flow. The experience reified the idea of environmental destruction, and what it will mean for his children and future generations absent a change in course. So I decided to find out what really happened. While keeping up his busy law practice, he travelled to America to interview the key players in what he described as a writing project I am engaged in on international law and the war on terror. Many Bush officials, including Feith and William J. Haynes II, the former Pentagon general counsel, who was also named in the Spanish lawsuit, agreed to meet with Sands, perhaps expecting a friendly chat. The couple was at the Hofburg Palace in Vienna, where they stood next to Adolf Hitler greeting a crowd. At the end of the war, he hid in the Alps to avoid prosecution. Like Sands, Alexander Wolff is keen, after a generation of silence, to follow the untold stories wherever they might lead. (44) 20 7679 4758 Tel. He discovered a passion in international law. Pinochet, who was in London for medical treatment, was arrested by British authorities, putting the ideal of universal jurisdiction to the test. The Chagossians were forced from their archipelago in the 1970s. Katie has a masters degree in investigative journalism from Arizona State Universitys Walter Cronkite School of Journalism, an LLM in international rule of law and security from ASUs Sandra Day OConnor College of Law, a J.D. About half the guests, socially distanced around the room in small groups, keep their jackets on. we must narrate. To bring stories into the light, to render their humanity, is our best hope. Schiffrin died on December 1, 2013 in Paris from pancreatic cancer . She was 20 years old in 1973 when the colonial British government forcibly removed her entire community, about 2,000 people, many of whom were former slaves, from their homes in the Chagos Islands. I dont want to be treated as Sands the Brit, Sands the European, Sands the liberal, Sands the Jew, he said. Months went by as the parties waited on a ruling. A coalition of small island states in the Pacific asked Sands and his colleague, Andrew Clapham, to represent them at the conference. Why did he never go into such things? $23.99. Most people in his orbit clamor for a piece of his time and attention, and he is fairly generous with both. Through Niklas Frank, Sands was introduced to Horst von Wchter, the son of Otto von Wchter, a high-ranking Nazi and colleague of Hans Frank, who was first the governor of Krakw and then of the District of Galicia. In his newest and perhaps last play, Leopoldstadtwhich opened in London in January 2020 and was shut down by the pandemic in MarchStoppard has finally turned his attention to the legacy that his mother hid for so long: the drama follows a family of assimilated Viennese Jews from the turn of the twentieth century to 1955. During the Q&A portion of the lecture, Sands is asked about whether the definition sets too high of a threshold for an act to qualify as ecocide. In 2002, he began working on a case in which he helped secure the release of 24-year-old British National, Feroz Abbasi, who had been wrongfully detained at Guantnamo Bay without evidence. The Chagossians were forced from their archipelago in the 1970s. In 2019, decrying the alleged mass murder, forced deportation and rape of Myanmars Rohingya Muslims by the countrys military before the International Court of Justice, he denounced the nations then-leader, the Nobel Peace Prize laureate Daw Aung San Suu Kyi to her face: We heard much from Myanmars Agent about the vital importance of domestic accountability, but not a wordnot a wordabout the women and the girls of her country, Myanmar, who have been subjected to these awful serial violations. He launches into what he calls his ecocide stump speech in French from a seat on a raised dais. The environment is not an abstraction but represents the living space, the quality of life and the very health of human beings, including generations unborn, the court ruled. Wearing a blue suit and white sneakers, Cogolati apologizes for being late and tells the virtual attendees that two years ago even progressive academics and thinkers had laughed at him for pushing for an ecocide crime. Sands embrace of what at times can be difficult conversations stems from his fundamental sense of curiosity, according to Farhana Yamin, a prominent environmental lawyer and one of Sands longstanding friends. Wolff gleans information about his fathers Wehrmacht service chiefly from Nikos letters home; the author never discussed this period with his father. His daughter Natalia is married to international lawyer Philippe Sands . (44) 20 7404 3447 Fax. By signing up, you agree to our User Agreement and Privacy Policy & Cookie Statement. His perfect Queens English unfurls with a distinct clarity as he explains how environmental concerns began to creep into the global legal order beginning in the 1970s thanks in large measure to the Vietnam War and the United States widespread and long term use of highly toxic defoliants. Also referred to as the Reich migratory route, the Ratline was an escape route used by Nazis to flee from Europe to South America, [which had been] identified as a place of safety governed by sympathetic leaders. (For many of us, it is understood as the backstory to Seventies films such as Marathon Man and The Boys from Brazil.) In two weeks, Belgiums lawmakers would pass a resolution supporting both domestic and international ecocide legislation. I dont have an answer to that question, he tells the audience. WebPhilippe Sands Follow this and additional works at:https://scholarlycommons.law.case.edu/jil This Speech is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. The forced relocation was, in part, to make way for the U.S. military base Diego Garcia. And he knew that his mother was only a year old when she was brought to Paris and was hidden by Christians for five years, until August 1944, when she was reunited with her family. What Sands discovers, however, is the presence of double agents, and the awareness, and perhaps complicity, of American intelligence agencies, whose primary preoccupation at the time was anticommunism. The results left the world doubtful that governmental negotiations alone can end the crisis. (44) 20 7387 9597 Fax. Need to create a login? no one is born eight years old. And hes very careful not to cast ecocide as a means to subvert the ongoing U.N. political negotiations on climate change: As soon as states think ecocide is a backdoor to address climate change, he said, its dead.. Dignitaries included His Excellency the Austrian Ambassador Michael Zimmermann and Head of the Cultural section at the German embassy Dr. Ralf Teepe. Though a small country, Belgiums support could act as a catalyst for other governments to quickly get on board, and, as home to the headquarters of the European Union and NATO, it would be a powerful bellwether. He makes it a point to respond to each email he receives about his books. But how would you feel during a roundup of Jews, what the French called La Rafle? Every day or once a week, our original stories and digest of the web's top headlines deliver the full story, for free. [whose] mother didnt want him to remember the past, she wanted him to be an assimilated English boy. In the course of this evening, Chamberlain must confront the fact that. This is the end of these peoples professional reputations! he said. The group, which differed ideologically, professionally and geographically, something Sands emphasizes, met once a month on Zoom for three hours at a time and more often in smaller working groups. ICN provides award-winning climate coverage free of charge and advertising. (44) 20 7404 3447 Fax. Is that how you want to be remembered? The man whispers something in his ear. 2023 Cond Nast. Outside, the night had turned cold giving the air inside the spacious hall a chill. Following the Rio conference, Sands veered away from his work on climate change, taking the same audacious energy to his own legal practice before international courts. The Wolffs established themselves in the United States and, in time, proved indispensable in introducing European writers to an American audiencenot only those whom Wolff had published in Germany and the French writers brought in by Schiffrin pre, such as Andr Gide, Albert Camus, Paul Claudel, and Charles Pguy, but also writers of younger generations, among them Boris Pasternak, Gnter Grass, and Umberto Eco. He has written 18 books, is a sought after international lawyer at Matrix Chambersand by sought after, countries seek out his counseland he is a frequent contributor to publications like The Financial Times, The Guardian and The New York Times. As much as he is part of the establishment, the Cambridge-educated Sands has a reputation as a rebel, never missing an opportunity to criticize those same elites. But, Sands still had a burning desire to know how lawyers like him could so easily subvert the rule of law they swore an oath to uphold. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Cond Nast. Philippe Sands is professor of law at University College London. His 2014 book East West Street traces the lives of two Eastern European Jews who fought for creation of the crimes, and a third man, a Nazi bureaucrat, who presided over the murders of their families, and Sands own. The move shocked the representatives of powerful countries, who bristled at the ballsy move. Because of their work, crimes against humanity and genocide were written into the fabric of the Nuremberg tribunal and now form the foundation of modern international criminal law. Three years after Torture Team was published, he received an invitation that, unbeknowst to him at the time, would again change the trajectory of his career. But by paragraph 29 of the decision, the most authoritative international tribunal made clear: environmental protection is a concern of international law. Sands said that he read the protestations of innocence from Bush Administration officials, who blamed a few bad apples for the incidents, with the eye of a barrister. Mr. Sands found a career, with the great benefit of being fluent in French as well as English, representing a large variety of clients in international courts. Two Law Lords had voted against Pinochet and two had voted in his favor. Sands wife, Natalia Schiffrin, is the daughter of the late, renowned publisher Andr Schiffrin, and a well regarded attorney and magistrate in her own right. It deals with issues of identity: who are we? he explains. WebPHILIPPE JOSEPH SANDS Faculty of Laws Matrix Chambers University College London Gray's Inn Bentham House London WC1R 5LN Endsleigh Gardens London WC1H OEG Tel. Theres not much dispute anymore: torture happened, and the law is cleartorture must be punished., Meanwhile, Sands reiterated a warning that he made in his book. WebAndr Schiffrin est le fils de Jacques Schiffrin fondateur de la Pliade, le neveu du producteur de cinma Simon Schiffrin et un cousin loign de Lalo Schifrin. In the last time frame, we encounter Leonard Chamberlain, a stand-in for Stoppard: a rather smug, unthinking young Englishman of twenty-five, in Vienna for a literary festival. Guests at the ceremony included Milein and Hans niece Ena Blyth, as well as current owners of the home, Philippe Sands and Natalia Schiffrin. Sands made an extraordinary film about both meneach born on the cusp of war in 1939that explores their relations to their personal legacies. Their views changed in June, Cogolati explains, when a drafting panel co-chaired by Sands released its proposed definition for the crime, giving the movement legal legitimacy: ecocide is unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts. does work as a form of defence and a means of persuasion. Late in life, Stoppard. The legal team representing Pinochet had asked Sands to join them in arguing that their client, as a former head of state, was immune from prosecution. Through their on-again, off-again friendship, Sands gained access to thousands of Wchter family documents and photographs, now housed in the U.S. WebPhilippe Sandss remarkable 2016 book, East West Street: On the Origins of Genocide and Crimes Against Humanity, weaves together the history of his family and that of two concepts central to his chosen profession as an international human-rights lawyer. For Sands, Latuerpacht and Lemkin provide examples of human resilience in the face of catastrophe: They didnt curl up in a corner and weep when faced with a crisis, he said in July. Philippe Sands in Edinburgh. In the lecture, which he has given around Europe and last year in Nuremberg at the 70th anniversary of the trial, he tells the story of the two lawyers who both studied at Lviv Hersch Lauterpacht, who formulated the concept of crimes against humanity, and Rafael Lemkin, who developed the concept of genocide and of their rivalry over the trial. Political support is building. 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