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I thank you for this honor and for making me part of the Knox family. Knox College has a noble history — it has stood for the most basic human values of freedom and opportunity unimpeded by discrimination of any kind. Its founders fought against slavery and for women's rights and were progenitors of the modern human rights movement. In this place where Abraham Lincoln so eloquently denounced slavery as "a moral, social and political evil," it seems appropriate to reflect for a few minutes, and to use his words, on how to avoid "blowing out the moral lights around us."
Your senior year has been framed by two momentous events, the September 11 attacks on the World Trade Center and the Pentagon and the ceremony on April 11 marking the moment when the 60th country ratified the Treaty of Rome and made the International Criminal Court a reality. A senior year that began in shock, anger and despair ends with some hope and optimism for the future brought about by the creation of an international system of justice. These two events, as radically different as they may seem, are inextricably linked and have important implications for the future.
I am Chair of Human Rights Watch, a twenty-five year old organization that works in seventy countries around the world to protect human rights and promote accountability and justice. The reflections I now offer come through the lens of my work with Human Rights Watch, which has been even more satisfying to me than the jobs I have been privileged to hold.
My life has been immeasurably enriched by this volunteer service which has broadened my world view, clarified my values, deepened my sense of our responsibility for helping those less fortunate than we are, convinced me that individual citizens working together can speak truth to power and make a difference. What follows is a call to you to engage with one of the most important issues of our time.
I hope one consequence of a first-rate liberal arts education at Knox College is that you think for yourselves, are skeptical of inherited orthodoxies, are open to reason and evidence, and strive to see the world in all of its deeply textured complexity. The events of last year will call on all those qualities as we seek to understand the underlying sources of terrorism and the best way to combat it.
There is a tendency since September 11 to sympathize with harsh measures to root out terrorism, even when implementing them comes at the expense of compromising civi! liberties and human rights. But I believe that fighting terrorism and respecting human rights are not mutually incompatible goals. Indeed, just the reverse is true. It is the body of international and humanitarian law — the philosophical foundation of the human rights movement — that establishes the principle that civilians are never a legitimate target of any war, for any cause.
Kenneth Roth, Executive Director of Human Rights Watch, put it this way:
The fight against terrorism should be seen only in part as a matter of security. It is also a matter of values. Police, intelligence units, even armies all have a role to play in meeting particular terrorist threats. But terrorism emanates as well from the realm of public morality. It is essential to understand the mores that would countenance such mass murder as a legitimate political tool. Building a stronger human rights culture — a culture in which any disregard for civilian life is condemned rather than condoned — is essential in the long run for defeating terrorism.
The United States has been a leading force in promoting respect for human rights worldwide. Some argue now that we should be prepared to subordinate human rights in places like Uzbekistan to fight against terrorism. But leadership on human rights is not inconsistent with strengthening our security and rooting out terrorist networks. Aggressive physical and electronic surveillance of suspects is necessary. So is using force to shut down the bases that terrorists use to launch attacks on civilians. But security measures alone will not get the job done. We must combine practical actions to combat terrorism with affirmative steps to defend human rights, build democracy and strengthen the rule of law.
The first step is to hold countries accountable to their own constitutions and to international accords they have signed, such as the Convention for the Prevention of Torture and the International Covenant on Civil and Political Rights. From Afghanistan to Indonesia and from Colombia to Sierra Leone, organizations like Human Rights Watch put staff on the ground to monitor adherence to these accords, to document rights abuses and then tell the story to the public, to governments and to the United Nations.
Twenty years ago you could read The New York Times front page for weeks and, rarely, maybe never, see the term human rights mentioned. Now hardly a day goes by when there is not a story on human rights violations somewhere in the world. Twenty years ago HRW had a staff of twenty, mostly lawyers and journalists. Now it has grown to more than 150 and there is a profession called human rights and law school centers, here and abroad, training students for human rights work. HRW has also been a leader in successful campaigns such as the Nobel prize-winning movement to ban landmines and the treaty to establish the International Criminal Court.
Thanks to the efforts of a broad coalition of civil society organizations, the International Criminal Court now stands at the center of all efforts to promote an international system of justice. Successfully ratified by sixty-seven nations and scheduled to open its doors next year, the new Court will replace the current ad hoc system of special tribunals such as those now trying former Yugoslavian President Slobodan Milosevic and those who perpetuated the genocide in Rwanda.
The Court will have jurisdiction over the worst human rights abuses such as: genocide — defined as killing or mistreatment with intent to destroy a national, religious, or ethnic group; crimes of war — the inhumane treatment of prisoners or civilians during wartime; and crimes against humanity — acts that cause great suffering such as torture, enslavement or forced disappearances. The events of September 11 — a series of deliberate attempts to eliminate large numbers of civilians — would have made Osama bin Laden subject to prosecution had the Court come into existence a year earlier.
It may surprise you that the United States has not ratified the Treaty of Rome and will not be a part of the ICC. It opposes the Court for fear that United States service personnel would be brought to trial under it, an unlikely eventuality because the Treaty states the Court will assume jurisdiction only when a country is unable or unwilling to conduct an investigation of its own.
But America's refusal to join its allies like Britain, Canada, France, Germany and many other nations will not stop the Court from going forward. This is the most important new international institution since the founding of the United Nations, not only because it may well deter future Pol Pots or Pinochets, but because it will also cause nations around the world to reform their own laws and bring them into compliance with international standards.
We need to have vigorous discussion about whether the United States should be a member of the International Criminal Court and thus take leadership in constructing this international system of justice. I urge you to educate yourselves about the issue and take part in the debate.
A senior year that began with an unimaginable act of barbarism has also seen hopeful signs. A world-wide network of human rights organizations have worked to defend individual freedom as governments sought to combat terrorism. And the world has brought to life a permanent International Criminal Court, the cornerstone of a new system of global justice which will strengthen the human rights culture so essential to striking at the root cause of terrorism.
It will be the leaders of your generation that have the responsibility for realizing the promise of new thinking and new instruments of justice.
I said at the outset that my work with Human Rights Watch has been immensely satisfying. Many — probably most of you — have interests outside your studies and chosen professions: the environment, helping disadvantaged youth, working for social change. I urge you not to neglect the dimension of your lives that enable you to work as a volunteer in organizations like Human Rights Watch, Conservation International, the Urban League and many others.
I believe, for all of the horror and unfairness we see, that the world is capable of improvement and you, as Knox graduates, have the opportunity and the obligation to make a difference in pursuit of a more just and humane world at peace. I have confidence you will use that opportunity and fulfill that obligation. Good luck.
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