The Rights of Civilians

Programs 289, 290

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Lady Justice with earth blindfold“You did this,” said a victim, who testified against an accused war criminal. “And you did it to me and you did it to those babies, you did it to those people. And you need to be held responsible.”

It’s the kind of cathartic moment that can happen when a witness takes the stand in open court during a fair judicial hearing. And it can finally give voice to people whose human rights have been abused when leaders adopt a view that “might makes right”.

ICC prosecutor Karim Khan seeks arrest warrants for Israel's Netanyahu and Hamas leadersIn this audio documentary, we explore whether the rule of law can help to limit the worst horrors of war — and hold transgressors accountable. What are the consequences when leaders violate international human rights protections? It’s a question facing Vladimir Putin, for whom an arrest warrant has already been issued by the International Criminal Court (ICC). And it may soon face Israeli prime minister Benjamin Netanyahu (L) and Hamas leader Yahya Sinwar (R), both of whom the ICC prosecutor, Karim Khan (C), seeks to indict over events in the Gaza-Israel war. [In a separate case, the International Court of Justice ruled that Israel must cease its incursion into the city of Rafa.]

We’ll consider the history of tribunals intended to safeguard civilians:

Linda Thomas-Greenfield

Linda Thomas-Greenfield, U.S. ambassador to the UN

From the Nuremberg trials based on Nazi atrocities in WW2. To the time a victim of Slobodan Milosevic — known as “the Butcher of the Balkans” — confronted him at trial. To the ICC’s 2023 indictment of Putin over the brutal invasion of Ukraine.

Benjamin Ferencz

Benjamin Ferencz, former Nuremberg prosecutor

You’ll hear comments by Linda Thomas-Greenfield, U.S. Ambassador to the United Nations. The late journalist Walter Cronkite describes his emotions as Nazi leaders entered the Nuremberg Tribunal and Benjamin Ferencz,  the last surviving Nuremberg prosecutor, who died in 2023 at age 103, reconstructs his amazing life experience. Also, Gabrielle Kirk McDonald, an American federal judge, tells what it was like for her personally, presiding over trials in the Balkans.

Tom Dannenbaum of Tufts

Tom Dannenbaum of Tufts University

And we examine events around the founding of the ICC — considered a milestone for the rule of law. As people are learning more about this court, Thomas Dannenbaum, co-director of the Tufts University Center for International Law & Governance, explains how the court operates and the potential impact of an arrest warrant. He also deciphers questions about who is subject to the ICC’s jurisdiction. Here’s his excellent recent primer on the Israel-Hamas case.

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