Tag: Palestine

Palestinian Arts Festival in Minneapolis

Westminster Presbyterian Church, Minneapolis

On May 3 through 6, 2012, Minneapolis’ Westminster Presbyterian Church will host a Palestinian Arts Festival. It will celebrate music, painting, film, dance, poetry and commentary by Palestinians.

The opening event at noon (CDT) on Thursday, May 3rd, will be a Westminster Town Hall Forum presentation entitled “Playing for Peace in Gaza” by Patrick McGrann. A Minnesota native, McGrann has spent the last 15 years creating toys and events for young people living in the midst of violence.  He now lives in Gaza where he has taught at the Islamic University, lead the rebuilding of the American International School and developed educational partnerships between the Middle East and the West. The Forum is free and open to the public and broadcast on Minnesota Public Radio. The Forum is preceded by a half-hour of free music and followed by a free reception and a discussion group.

Diyar Dance

Later that same day (May 3rd) at 7:30 p.m. at the Women’s Club of Minneapolis (410 Oak Grove Street) 14 young dancers from the Diyar Dance Theatre of Bethlehem, Palestine will perform. Tickets at $10 are available at Westminster on Sundays or on the web. Starting at 5:00 p.m. the public is welcome to dine at the Women’s Club; call 612-813-5300 for reservations. A reception with dessert will follow the performance.

On Friday, May 4th, at 6:00 p.m. an art exhibit, Room for Hope, opens at Westminster.  It brings realistic, abstract and provocative images by Palestinian artists expressing their visions of the present and their hopes for the future.

Ibtisam Barakat (Steve Fisch credit)

Also on Friday, May 4th, at 7:30 p.m. will be a concert at Westminster. Ibtisam Barakat will present her “Freedom Doors Made of Poems.” She grew up in Ramallah, West Bank, and now lives in the U.S. Her work focuses on healing social injustices and the hurts of wars, especially those involving young people. Ibtisam emphasizes that conflicts are more likely to be resolved with creativity, kindness, and inclusion rather than with force, violence, and exclusion. The concert will also include Palestinian musicians playing music from their homeland.

On Saturday, May 5th at 1:00 p.m. a Palestinian Short Film Festival will be presented in Westminster’s Great Hall.

Rev. Dr. Mitri Raheb

The concluding event of the Festival will be part of Westminster’s Sunday worship service on May 6th at 10:30 a.m. (CDT). Rev. Dr. Mitri Raheb of Evangelical Lutheran Christmas Church in Bethlehem, Palestine will be the preacher. Palestinian musicians will lead the world debut of specially commissioned music during the service. Our guests will sing in Arabic while Westminster members and others sing in English. For those who cannot attend the service, it is live-streamed and subsequently archived on the web.

This historic Festival is the outgrowth of Westminster’s partnership with the Christmas Church and of mission trips to that church by Westminster members. (Westminster also has partnerships with churches and other organizations in Brazil, Cameroon and Cuba.)

 

Evangelical Christmas Church

Netherlands Court Awards Monetary Damages to Palestinian for Libyan Torture

Dr. Ashraf Al Hajuj

This March a court in the Netherlands awarded 1 million euros to a Palestinian plaintiff against 12 Libyan officials for torture and inhumane treatment over eight years in a Libyan prison.

The plaintiff, Dr. Ashraf al-Hajuji, who now lives in the Netherlands, along with five Bulgarian nurses had been charged in Libya in 2000 with deliberately infecting over 400 children with HIV-AIDS. In 2004 they were convicted and sentenced to death by a firing squad.  A year later the convictions were overturned and a new trial was ordered after Bulgaria agreed to establish a fund for the families of the infected children. In December 2006, however, Dr. Hajuji and the nurses were again convicted and sentenced to death, but in July 2007 their sentences were commuted to life imprisonment after the children’s relatives agreed to accept compensation of $1 million per child. In 2007 the doctor and nurses were pardoned and released after French President Sarkozy negotiated with Col. Muammar Gaddafi . Gaddafi admitted they had suffered horrible torture in Libyan prisons.

This may be the first time another legal system has granted a civil monetary damages award to a foreigner due to violation of international human rights norms by other foreigners in a foreign country similar to the awards made by U.S. courts in civil lawsuits under the Alien Tort Statute.

In the meantime, Bulgarian prosecutors are still investigating what happened in Libya for a possible criminal prosecution of those responsible for the torture.

International Criminal Court: More Developments

This past week has seen several important developments for the International Criminal Court (ICC).

Libya. The two remaining subjects of arrest warrants have been apprehended in Libya by militia groups, but have not been turned over to the ICC, and the Court and the National Transitional Council have been engaged in a dispute as to whether they should be turned over or tried in Libya, which does not have a functioning judicial system.

On April 4th an ICC Pre-Trial Chamber rejected the second request by the National Transitional Council to postpone the ICC’s surrender request for Saif Al-Islam Gaddafi pending the completion of proceedings against him in Libya.  The Chamber, therefore, stated that Libya must (i) make its decision to grant the Surrender Request; (ii) afford Mr. Gaddafi the procedure described in Article 59 of the [Rome] Statute which necessarily follows from arresting a person subject to a surrender request; and (iii) start making arrangements in preparation for the surrender of Mr. Gaddafi to the Court without further ado.”

Article 59 provides the subject of an arrest warrant has the right to a prompt hearing before the competent national judicial authority to determine that the warrant applies to the individual, his/her arrest has been in accordance with proper process and his/her rights have been respected. There is also a right for the individual to apply for interim release, which in this case seems exceedingly unlikely to be granted by any authority.

Palestine. On April 3rd the Office of the Prosecutor released a report about its preliminary examination of the Situation in Palestine. It said the ICC’s jurisdiction is not based upon the principle of universal jurisdiction. Instead, the Rome Statute requires that the U.N. Security Council or a “State” provide jurisdiction by becoming a State Party or by making an ad hoc declaration accepting the Court’s jurisdiction.

Here, the statement said the Prosecutor was not the proper person to make a determination as to whether Palestine was a “State” for purposes of the ICC. That was a decision, the statement concluded, that had to be made by “relevant bodies of the [U.N.]” or by the ICC’s Assembly of States Parties.

Guatemala. On April 2nd the U.N. received from the Government of the Republic of Guatemala its instrument of accession to the Rome Statute. The Statute will enter into force for Guatemala on 1 July 2012, bringing to 121 the total number of States Parties, 27 of which are from Latin America and the Caribbean

 

U.S. Supreme Court Hints That It Will Decide That Corporations Are Not Liable Under the Torture Victims Protection Act

On February 28th the U.S. Supreme Court heard arguments in Mohamad v. Palestinian Authority (Sup. Ct. No. 11-88) on the issue of whether corporations are liable under the Torture Victims Protection Act (TVPA). The transcript of that hearing is available online.

Before that hearing, a prior post discussed this case and expressed my opinion that the Court would decide that corporations were not so liable. In summary, the TVPA provides a civil cause of action for money damages by an “individual” who is a victim of torture or by his or her representative for extrajudicial killing against the “individual” who committed the wrong, and the ordinary meaning of the word “individual” as used in federal statutes encompasses only natural persons and not corporations or other organizations.

Although one needs to be cautious in evaluating oral arguments before the Supreme Court, the argument on February 28th in this case did not provide any reason to change my opinion on the likely outcome. Indeed, my review of the transcript of the argument confirms my previously expressed view of this case. To illustrate, I make the following four points.

First, Chief Justice John G. Roberts Jr. summarized what he thought was the plaintiffs position: “You are saying, ‘Well, we want a term that is going to include individual persons and organizations but not state organizations. And the only term that fits perfectly is ‘individual.’ ”

“Exactly,” the plaintiffs lawyer responded. “That’s our argument.”

Chief Justice Roberts was incredulous. “Really?” he asked, to laughter in the courtroom, which the Chief Justice joined.

Second, Justice Samuel Alito had a humorous exchange with the U.S. Justice Department lawyer who argued that corporations could not be liable under the TVPA, but earlier that same morning in another case (Kiobel) argued that corporations could be liable under the Alien Tort Statute. Justice Alito observed that the government’s position meant an alien could recover while a U.S. citizen could not. “Too bad, then, that Mr. Rahim [the plaintiff in Mohamad] became a U.S. citizen,” Justice Alito said. “I guess that was a mistake [on his part].”

Third, even Justice Steven Breyer, who is seen as more sympathetic to plaintiffs’ arguments, told the plaintiffs lawyer, “I think I have to say that you are on a weak wicket.”

Four, three other liberal Justices (Justices Ginsburg, Sotomayor and Kagan) also asked questions indicating skepticism of the plaintiffs’ arguments.

A Supreme Court decision in this case is expected by the end of June. I also reiterate that this is a case of statutory interpretation, and at any time the Congress with a presidential signature could amend the statute to make corporate liability express or to exclude such liability explicitly.

 

 

U.S.Supreme Court To Consider Another Case Regarding Corporate Liability for Assisting Torture or Extrajudicial Killing

U.S. Supreme Court Building

On February 28th, the U.S. Supreme Court will hear oral arguments on the following issue in a case from the U.S. Court of Appeals for the District of Columbia, Mohamad v. Palestinian Authority (Sup. Ct. No. 11-88):

  • Whether the Torture Victim Protection Act [TVPA], 28 U.S.C. § 1350 note § 2(a), permits actions against defendants which are not natural persons.

The TVPA provides a civil cause of action for money damages by an “individual” who is a victim of torture or by his or her representative for extrajudicial killing against the “individual” who committed the wrong.

The D.C. Circuit’s panel of three judges unanimously affirmed the dismissal of a TVPA complaint against the Palestinian Authority. That court stated, “Because the Congress did not define the term ‘individual’ in the TVPA, we give the word its ordinary meaning, . . . which typically encompasses only natural persons and not corporations or other organizations . . . . Notably, the Dictionary Act, which provides guidance in ‘determining the meaning of any Act of Congress,’ strongly implies the word individual does not comprise organizations because it defines ‘person’ to include ‘corporations, companies, associations, firms, partnerships, societies, … as well as individuals.’ ‘ (Emphasis in original.)

The D.C. Circuit concluded, “The Congress used the word ‘individual’ [in the TVPA] to denote only natural persons. The liability provision of the statute uses the word ‘individual’ five times in the same sentences—four times to refer to the victim of torture or extrajudicial killing, which could be only a natural person, and once to the perpetrator of the torture or killing.  The [plaintiffs-appellants] . . .  advance no cogent reason, and we see none, to think the term ‘individual’ has a different meaning when referring to the victim as opposed to the perpetrator.”

On October 17, 2011, the Supreme court granted the plaintiffs-petitioners’ petition for a writ of certiorari to review this decision.

Copies of the Supreme Court briefs of the parties and most of the eight amici curiae supporting the petitioners and the three amici supporting the defendants (including the U.S. Government) are available online. One of the three amici supporting the defendants was by the U.S. Government urging affirmance of the D.C. Circuit on essentially the same grounds enunciated by that court.

As previously stated, I find the D.C. Circuit opinion persuasive and believe the Supreme Court will affirm that court and hold that corporations are not liable under the TVPA.

This is a companion case to Kiobel v. Royal Dutch Petroleum Co. (Shell) that was discussed in posts on February 25th and 26th and that also will be argued on February 28th. The Supreme Court’s resolution of both of these cases is expected by the end of the current term at the end of June 2012.

This summary illustrates the importance of this issue for the parties, for the enforcement of international human rights and for governments and businesses around the world. Nevertheless, remember that this is a case of statutory interpretation, and at any time the Congress with a presidential signature could amend the statute to make corporate liability express or to exclude such liability specifically.

International Criminal Court: Recent Developments in Proposed ICC Investigations

In addition to the seven investigations being conducted by the International Criminal Court (ICC), its Office of the Prosecutor (OTP) conducts preliminary examinations of other situations to determine if an official investigation should be conducted. Four such possible preliminary examinations deserve comment.

Syria. This June there were reports that Syrian opposition and human rights groups had asked the OTP to seek authorization for an investigation into alleged crimes by the Syrian government and that discussions about a possible U.N. Security Council referral of the Syrian situation to the ICC were occurring.[1] Since then the Syrian regime has continued to attack and kill protesters with at least 3,500 protesters killed since the uprising began in March.[2] So far the OTP has not commented on Syria.

Recently four U.S. Senators (Dick Durbin, Benjamin Cardin, Robert Menendez and Barbara Boxer) sent a letter to the U.S. Ambassador to the U.N. (Susan Rice) asking for such a Security Council referral. They said, “The people of Syria deserve to know that the people of the United States understand their plight, stand behind them, and will work to bring justice to the country.” The Security Council, the Senators added, should be deeply troubled by the “credible threats to . . . [the] safety” of the U.S. Ambassador to Syria that forced him to leave the country. Security Council referral of Syria to the ICC also has been endorsed by the New York Times.[3]

Palestine. In January 2009, the Palestinian National Authority lodged a declaration with the ICC under Article 12(3) of the Rome Statute which allows States not party to the Statute to accept the Court’s jurisdiction. Later (October 2009) representatives of the Authority and the Arab League visited the Court to support the Authority’s ability to delegate its jurisdiction to the ICC.[4]

The OTP will examine issues related to its jurisdiction: first whether the declaration accepting the exercise of jurisdiction by the Court meets statutory requirements; and second whether crimes within the Court’s jurisdiction have been committed. The Office will also consider whether there are national proceedings in relation to alleged crimes. The OTP has not made any determination on the issue, and recently the Prosecutor said that the issue of Palestinian statehood would have to be resolved elsewhere before the OTP issued any kind of statement on this request.[5]

The recent, and so far unsuccessful, efforts of the Authority to obtain U.N. membership for Palestine have heightened interest in the Authority’s seeking an ICC investigation of Israel’s military actions in the Gaza. Being a member of the U.N. would strengthen the Authority’s argument for ICC jurisdiction over alleged crimes committed by Israel in Gaza.[6]

Liberia. Before Liberia’s recent re-election of Ellen Johnson Sirleaf Tubman as its president, the OTP released a public statement that it was monitoring the pre-election activities of all of the candidates and political parties and that “resorting to violence will not be tolerated.”[7]

Roman Catholic Church Officials. In September a U.S. human rights NGO (the Center for Constitutional Rights) and the Survivors Network of Those Abused by Priests filed a complaint with the OTP seeking an investigation of high-level Vatican officials for alleged cover-up of rapes and sexual violence committed by individual priests as a crime against humanity.[8]

This application poses serious questions as to whether the ICC has jurisdiction over such claims, and I anticipate it will take a long time for the OTP to make any public statement about this request. I will be surprised if the OTP decides to seek approval for such an investigation from the Pre-Trial Chamber of the Court.

[1] Post: International Criminal Court: Possible U.N. Security Council Referral of Syrian Human Rights Abuses to ICC (June 6, 2011).

[2] Bakhi & Gladstone, Syria Faces New Threats as Opposition Seeks Allies, N.Y. Times (Nov. 15, 2011).

[3] US senators: Charge Assad before ICC, Google News (Oct. 25, 2011); Editorial, The Killing in Syria Goes On, N.Y. Times (Nov. 16, 2001).

[4]  ICC, Palestine, www2.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor; Dunphy, An Interview with Luis Moreno-Ocampo (Oct. 1, 2011), http://amicc.blogspot.com.

[5]  Id.; Dunphy, An Interview with Luis Moreno-Ocampo (Oct. 1, 2011), http://amicc.blogspot.com.

[6] Reuters, Committee Is Deadlocked Over Palestinian Membership Bid, N.Y. Times (Nov. 11, 2011); Maccarone, The Palestinian Authority’s Application for United Nations Membership and Its Implications for the International Criminal Court (Sept. 27, 2011), http://www.amicc.org/docs/Palestine_and_the_ICC.pdf.

[7]  ICC prosecutor “monitoring” Liberia elections, expatica. com (Oct. 14, 2011).

[8]  Center for Constitutional Rights, In the Case Against Vatican Officials for Rape and Sexual Violence, We’ve come to the End of the Beginning (Sept. 27, 2011).

U.S. Supreme Court To Hear Cases Challenging Whether Corporations Can Be Held Liable for Aiding and Abetting Foreign Human Rights Violations

On October 17th the U.S. Supreme decided to hear two cases challenging whether corporations can be held liable for aiding and abetting foreign human rights abuses.[1] As a result, the Supreme Court should hear oral arguments and render decisions in the cases before the end of this term of the Court in late June 2012.

1. The Royal Dutch Petroleum Company or Shell Case

In the first of these cases, the Royal Dutch Petroleum Co. or Shell case, a group of Nigerians sued several Shell subsidiaries for money damages. They alleged that the companies had enlisted the aid of the Nigerian government to suppress local opposition to oil exploration and that government forces had killed and abused certain Nigerians and destroyed their property.[2] The complaint was brought under a U.S. federal statute known as the Alien Tort Statute, which simply provides that the U.S. district courts have “original jurisdiction of any civil action by an alien [non-U.S. citizen] for a tort only, committed in violation of the law of nations or a treaty of the United States.”[3]

In the Shell case, the U.S. Court of Appeals for the Second Circuit in New York City, in a lengthy opinion by Judge Cabranes, held, 2 to 1, that (a) that international law was the relevant law for determining whether corporations (or other legal entities) could be held liable under ATS for alleged violations of the law of nations; and (b) that customary international law and hence ATS did not recognize or allow corporate direct or accessory civil liability for human rights violations. [4]

The Second Circuit in Kiobel also said it was not prevented from so holding by its own precedents. Although at least five prior such precedents had not rejected ATS cases against corporations on that ground, according to Kiobel, they merely had assumed the viability of such suits for various reasons.

One of the judges in the three-judge panel in Kiobel, Judge Leval, submitted an even lengthier concurring opinion. He agreed that the complaint in its entirety had to be dismissed because it did not allege that the corporate defendants had purposefully aided and abetted the Nigerian government’s alleged violations of human rights. But Judge Leval concluded that international law left to domestic law the issue of whether corporations were civilly liable for aiding and abetting violations of international law and that U.S. law allowed for such liability.

2. Mohammad v. Jabril Rajoub

The second of these two cases raises a similar issue under another U.S. federal statute, the Torture Victims Protection Act (TVPA). That statute imposes civil liability for money damages on an “individual who, under actual or apparent authority, or color of law, of any foreign nation–(1) subjects an individual to torture . . . or (2) subjects an individual to extrajudicial killing . . . .” (Emphasis added.)[5]

Thus, the issue in the second case is whether a corporation or other legal entity is an “individual” within the meaning of the TVPA. In the Rajoub case, the U.S. Court of Appeals for the District of Columbia Circuit held that such entities were not “individuals” within the meaning of the TVPA and, therefore, could not be sued under that statute.[6]

[1] Reuters, U.S. Court to Hear Shell Nigeria Human Rights Case, N.Y. Times (Oct. 17, 2011); Kendall, High Court to Hear Shell-Nigeria Rights Case, W.S.J. (Oct. 17, 2011). See Post: Alien Tort Statute: Important Cases Heading to U.S. Supreme Court, (July 9, 2011).

[2] Id., Kiobel v. Royal Dutch Pet. Co., 621 F.3d 111 (2d Cir. 2010), pet. for reh’g denied, 642 F.3d 268 (2d Cir. 2011), pet. for reh’g en banc denied, 642 F.3d 379 (2d Cir. 2011), cert. granted (U.S. Sup. Ct. No. 10-1491 Oct. 7, 2011).

[3] 28 U.S.C. § 1350.

[4]  Kiobel v. Royal Dutch Pet. Co., 621 F.3d 111 (2d Cir. 2010). Another recent federal appellate court came to the opposite conclusion, holding, 2 to 1, that corporations could be liable under the ATS. (Doe v. Exxon Mobil Corp., 2011 WL 2652384 (D.C. Cir. 2011).) I am surprised that Exxon Mobil has not filed a request for the Supreme Court to review the case.

[5] 28 U.S.C. § 1350 footnote.

[6]  Mohammad v. Rajoub, 634 F.3d 604 (D.C. Cir. 2011), cert. granted (U.S. Sup. Ct. No. 11-88 Oct. 17, 2011). There is a split of authority in the lower federal courts on the issue of whether corporations may be held liable under the TVPA.

The International Criminal Court: Investigations and Prosecutions

All of the ICC’s initial six investigations come from Africa.

Uganda, Democratic Republic of Congo and Central African Republic. Three of the investigations arise from submissions to the Court by three of its African States Parties–Uganda, the Democratic Republic of the Congo and the Central African Republic. These ICC investigations have led to the issuance of 10 arrest warrants. One of the subjects from Uganda died of natural causes. Five of the subjects of these warrants remain at large. Three of the Congolese subjects (Lubanga, Katanga and Chui) are now on trial at the ICC, with the closing arguments in the ICC’s first trial (Lubanga) scheduled for this coming August. In addition, the trial of Jean-Pierre Bemba for actions in the Central African Republic started this past November.[1]

Kenya. Another investigation relates to Kenya. On November 26, 2009, the Prosecutor on his own initiative asked the Pre-Trial Chamber for permission to open an investigation into post-election violence in Kenya in 2007-2008 as possible crimes against humanity. On March 31, 2010, that Chamber approved that application. A year later–March 8, 2011, the Pre-Trial Chamber authorized the issuance of summonses to six individuals.[2]

Darfur (Sudan) and Libya. The last two investigations –Darfur (Sudan) and Libya– arise from submissions to the Court by the U.N. Security Council under Article 13(b) of the Rome Statute and Chapter VII of the U.N. Charter. (The latter gives the Council responsibility for the maintenance of “international peace and security.”)

In the Darfur (Sudan) situation, the Court has issued seven arrest warrants against six persons. One of the subjects (Bahr Idriss Abu Garda) appeared voluntarily at the Court and was in pre-trial proceedings, but on February 8, 2010, the Pre-Trial Chamber declined to confirm the charges against him, thus ending his case subject to reopening by the Prosecutor if there is additional evidence to support the charges. Two others (both Darfur rebel commanders) voluntarily surrendered themselves to the ICC, and in March 2011, the Pre-Trial Chamber confirmed the charges against them and committed them to trial. Three others remain at large, and one of them (Sudanese President Omar Hassan Ahmed Al Bashir) is the current head of state.[3]

As the Security Council resolution on Darfur itself noted, the Council under Article 16 of the Rome Statute has the power to stop any “investigation or prosecution” by the ICC  for a period of 12 months after the Council adopts a resolution to that effect under Chapter VII of the U.N. Charter and to renew such a resolution ad infinitum. Yet in the over five years after its referral of the Darfur situation to the Court, the Council has not chosen to exercise this power after being kept advised of developments by the Prosecutor’s personal biannual reports to the Council.[4] This refusal to defer the prosecution of President Bashir is despite requests to do so from African and Arab states.

The last of the six ICC investigations relates to the current situation in Libya. On February 26, 2011, the U.N. Security Council adopted Resolution 1970 that, among other things, referred the Libyan situation since February 15, 2011, to the ICC’s Prosecutor, directed the Libyan authorities to cooperate fully with the Court and Prosecutor and invited the Prosecutor to make periodic reports about his actions in this matter to the Council. The resolution also stated that “nationals, current or former officials or personnel from a State outside [Libya], which is not a party to the Rome Statute . . . shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in [Libya] established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State.”[5]

Two days later (February 28th) the Prosecutor stated that he had to decide whether to open an investigation regarding Libya and that he was collecting information to determine whether the necessary conditions for the Court’s jurisdiction were satisfied. [6] Another four days passed, and the Prosecutor on March 3rd announced that he was opening such an investigation.[7]

On May 4th the Prosecutor will report to the Security Council on the status of his Libyan investigation, including a possible request to the Pre-Trial Chamber to issue arrest warrants against those who appear to bear the greatest responsibility for crimes in Libya.

Preliminary examinations. In addition to these six investigations, the Office of the Prosecutor has conducted or currently is conducting preliminary examinations or analyses of situations in a number of other countries to determine if requests to the Pre-Trial Chamber should be made to commence investigations. These countries include Afghanistan, Chad, Colombia, Cote d’Ivorie, Georgia, Guinea, (Gaza) Palestine, Honduras and Nigeria. With respect to Afghanistan, which is a State Party to the Rome Statute, the Prosecutor has said that his office was looking into accusations of war crimes and crimes against humanity by the Taliban and by the U.S. and its allies.[8]

The Prosecutor also has declined to commence certain investigations that had been suggested by outsiders, and under Article 15(6) of the Statute the Prosecutor publicly has stated the reasons for these declinations. Two such instances are Iraq and Venezuela.

The ICC is well on the way to establishing itself as an important actor in the interactive global struggle against impunity for the worst violators of international human rights.

[3] ICC Press Release, Pre-Trial Chamber I declines to confirm the charges against Bahar Idriss Abu Garda (Feb. 8, 2010), http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/news%20and%20highlights/pr495?lan=en-GB.

[4]  See AMICC, ICC Prosecutor Reports to the United Nations, http://www.amicc.org/icc_activities.html#unreports. These reports include discussions of the Prosecutor’s efforts (a) to determine whether Sudan has capable domestic institutions and procedures to handle the crimes in question and (b) to address whether the “interests of justice” call for continuation or termination of the investigations.

[5] U.N. Security Council, 6491st meeting (Feb. 26, 2011); U.N. Security Council, Resolution 1970 (2011)  ¶¶ 4-8 (Feb. 26, 2011).

[6] ICC, Statement by the Office of the Prosecutor on situation in Libya (Feb. 28, 2011).

[7]  ICC, ICC Prosecutor to open an investigation in Libya (March 2, 2011).

[8]  ICC, Office of the Prosecutor, http://www2.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor; Lauria, Court Orders Probe of Afghan Attacks, Wall St. J., Sept. 10, 2009; ICC Office of Prosecutor, Letter to Deputy High Commissioner for Human Rights (Jan. 12, 2010) (alleged crimes during the conflict in Gaza in December 2008 and January 2009), http://www2.icc-cpi.int/NR/rdonlyres/FF55CC8D-3E63-4D3F-B502-1DB2BC4D45FF/281439/LettertoUNHC1.pdf; ICC Office of the Prosecutor, ICC Prosecutor confirms situation in Guinea under examination (Oct. 14,  2009), http://www2.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor/Comm+and+Ref/Guinea.

Minneapolis’ Westminster Presbyterian Church

Growing up in the small Iowa town of Perry, I was an active member of the local Methodist Church. I was president of MYF (Methodist Youth Fellowship), and our pastor, whom I respected, encouraged me to go into the ministry.

Once I went to college, however, I soon convinced myself that all religions were antiquated superstitions that were of no use to an intelligent, hard-working person like myself. This not uncommon sophomoric rebellion lasted for the next 24 years.

Westminster Presbyterian Church Sanctuary

In 1981 I could admit to others and myself that I did not have all the answers and that there was an inner emptiness in my life. I started attending and then joined Minneapolis’ Westminster Presbyterian Church (http://www.ewestminster.org). A friend was a member there. I worked downtown, and the church was open to the downtown community, especially through its Westminster Town Hall Forum, which brought notable people to speak on key issues in ethical perspective. This was a church, I came to understand, that respected intellect as an important aspect of religious faith and life. Its mission statement provides that “In response to the grace of God through Jesus Christ, [its mission] is:

• to proclaim and celebrate the Good News of Jesus Christ;
• to gather as an open community to worship God with dignity and joy, warmth and beauty;
• to nourish personal faith through study, prayer, and fellowship;
• to work for love, peace and justice;
• to be a welcoming and caring Christian community, witnessing to God’s love day by day;
• to work locally and beyond with our denomination and the larger Christian Church; and
• to be a telling presence in the city.”

I have been and continue to be an active member of Westminster, serving as an elder and member of various committees. Most recently I have been chairing its Global Partnerships Committee that supervises our partnerships with churches and other organizations in Brazil, Cameroon, Cuba, and Bethlehem. This is one way we endeavor to fulfill the Biblical injunction from Apostle Paul: “There is no longer Jew or Greek, there is no longer slave or free, there is no longer male or female; for all of [us] are one in Christ Jesus.” (Galatians 3:26, 28)[1] In other words, we are all brothers and sisters without the artificial distinctions that so often divide us from one another.