John Tait Memorial Lecture in Law and Public Policy

THE INTERNATIONAL CRIMINAL COURT AND ITS CHALLENGES AHEAD

delivered at

The National Gallery of Canada, Sussex Drive
Ottawa, Ontario

Tuesday, October 7, 2003 by

Philippe Kirsch

President of the International Criminal Court

PRINCIPALS:
Mary Dawson, Associate Deputy Minister of Justice: Master of Ceremonies
William Foster, Interim Dean of the Faculty of Law, McGill University
Morris Rosenberg, Deputy Minister of Justice and Deputy Attorney General of Canada, Stephen
Scott, Emeritus Professor, McGill University

LECTURER:
Philippe Kirsch, President, International Criminal Court

Mary Dawson (Associate Deputy Minister of Justice)

Good evening, ladies and gentlemen, and welcome to the National Gallery of Canada. My name is Mary Dawson, and it’s my honour to serve as master of ceremonies for the fourth annual John Tait Memorial Lecture. As usual, many distinguished guests are in attendance, including MPs, senators, ambassadors, judges, professors, and leaders in the private and public sectors.

Philippe Kirsch, President of the International Criminal Court, is our guest speaker. He will be talking about his experiences in setting up and managing this enormously complex organization, and he will be pleased to answer a few questions after his address.

I know we all await his lecture with great anticipation. So we’ll get things started right away with our first speaker, representing McGill University-co-sponsor of the Tait Memorial Lecture-William Foster, Interim Dean of the Faculty of Law at McGill, who would like to express best wishes on behalf of the university.

William Foster (Interim Dean of the Faculty of Law of McGill University)

Deputy Minister, Judge President Kirsch, dear guests: On behalf of the Faculty of Law of McGill University, I would like to extend to all of you a very warm welcome to the fourth annual lecture honouring the memory of a very distinguished graduate of the Faculty, John Tait. Now well established as the major annual event on our academic calendar, the occasion calls for not merely a word of greeting on behalf of the Faculty but also a word of thanks by the Faculty to the Department of Justice, without whose great generosity such a grand event would be impossible.

Celebrating the life of John Tait reminds us that few pleasures in academic life compare with the pride we feel in the achievements of our alumni, and all the more so when those achievements involve public service, whether in government administration, on the bench, in Parliament or elsewhere. Of this service, John Tait was an outstanding example, and the lectures established in his memory address both law and public policy.

It is appropriate to reflect upon the role of Canadian universities in ensuring that other talented men and women can follow in John Tait’s footsteps. The press has of late been much occupied with the debate as to how much of the cost of education should be borne by the student and how much by society at large through state subsidy. Our own institution holds the view that the liberal professions and the social mobility they afford should be readily open to people of modest circumstances. Perhaps the worst dilemma, however, is that confronted by institutions in jurisdictions where the state neither provides adequate subsidies nor allows the institution to charge the so-called users.

Tonight, Judge President Kirsch will address one of the very greatest issues of public policy: the task of establishing an effective international order to deal with war crimes, genocide, and other crimes against humanity. We thank him for honouring us with his presence this evening and for his world leadership in this great enterprise.

Mary Dawson:
Thank you, Dr. Foster. Now I’ d like to introduce Morris Rosenberg, our Deputy Minister of Justice and Deputy Attorney General of Canada, to share his thoughts on the legacy of John Tait.

Morris Rosenberg (Deputy Minister of Justice and Attorney General of Canada)

Thanks, Mary, and greetings to President Kirsch and his family, and to Sonia Plourde, John Tait’s wife, who is here tonight. I would also like to welcome members of the judiciary and the diplomatic corps, professors, colleagues, and other distinguished guests. I want to thank you for joining us here this evening.

It’s always particularly meaningful for me to participate in the annual John Tait Memorial Lecture. I enjoy these lectures immensely. They’re always lively and stimulating, both the lecture and the question period — and the reception that takes place after. But I’m also a bit saddened because I wish that John could be here to discuss the ideas expressed. I know that he would — in his charming and perceptive way — hit upon some point that was overlooked by many of us and ask the penetrating question that cuts right to the essence of the matter.

Many of us who work in the federal government and particularly in the Department of Justice are reminded every day of the remarkable legacy John left us. He served in many positions, including those of Deputy Solicitor General of Canada, Deputy Minister of Justice, and Coordinator of Security and Intelligence for the Privy Council Office. John helped to craft the Canadian Charter of Rights and Freedoms and draft the Access to Information Act and the Privacy Acts. All three are remarkable documents that have changed relations between Canadians and their governments.

John’s work with the Aboriginal community both during his tenure with the Department of Indian Affairs and Northern Development and later as Deputy Minister of Justice demonstrated the strength of his values and his fundamental respect for human rights. At a time when relations between Aboriginal people and governments were marked by difficulties and mistrust, John earned everyone’s respect.

The topic for this evening’s lecture is a particularly appropriate one for the John Tait Memorial Lecture. John lived his life and practised his profession guided by the highest commitment to justice and to the dignity of all human beings. He understood that human rights are not universally respected. He recognized that people are capable of committing terrible acts against each other but he believed profoundly in the power of law to build a better world. He dedicated his life to this goal, and it was a life well lived.

I believe that John would have been very proud of the fact that a Canadian — indeed, a former federal official like himself — helped to make the dream of an international criminal court come true. To have President Kirsch here to deliver the fourth annual John Tait Memorial Lecture could not be more fitting, and so it is with the greatest pleasure that I give the floor back to Mary Dawson so that she can introduce our distinguished speaker.

Thank you.

Mary Dawson:
It is my honour and privilege to introduce to you our guest speaker, the Honourable Philippe Kirsch, President of the new International Criminal Court. Many of us know President Kirsch as a distinguished former colleague. He has served as legal counsel for the Department of Foreign Affairs and International Trade, Ambassador and Deputy Permanent Representative to the United Nations, and Ambassador to the Kingdom of Sweden. He has also represented Canada before the International Court of Justice. But many would argue that, valuable as President Kirsch’s service has been to Canada, it is his contribution to the international community that will have the greatest impact.

It is in no small part due to his extraordinary efforts and dedication that the International Criminal Court exists today. He served as Chair of the Committee of the Whole at the now famous 1998 Rome Diplomatic Conference on the International Criminal Court.

In that capacity, he chaired the main negotiating committee and, together with members of a bureau of coordinators, drafted the final global proposal for the ICC. President Kirsch went on to serve as Chair of the ICC Preparatory Commission, which drafted the critical instrument that governed how the Court will function. He was elected one of the first judges to serve on the new court and then was unanimously elected to serve as its first president.

I believe that Canada and the International Criminal Court share common values: tolerance toward and respect for all people and diversity in its many manifestations. These values are reflected in the Canadian Charter of Rights and Freedoms, and the government is endeavouring to promote them internationally. In my opinion, it is no coincidence that President Kirsch is a Canadian, and I am particularly proud to acknowledge him as one of our fellow citizens.

So without further delay, President Kirsch.

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