Francis Boyle vs. Extraordinary Rendition
University of Illinois International Law Professor Francis Boyle filed a complaint with the Prosecutor of the International Criminal Court, Luis Moreno-Ocampo, last Wednesday against:
U.S. citizens George W. Bush, Richard Cheney, Donald Rumsfeld, George Tenet, Condoleezza Rice, and Alberto Gonzales (the "Accused") for their criminal policy and practice of "extraordinary rendition" perpetrated upon about 100 human beings.
Also:
For similar reasons, the Highest Level Officials of the Obama administration risk the filing of a follow-up Complaint with the I.C.C. if they do not immediately terminate the Accused's criminal policy and practice of "extraordinary rendition," which the Obama administration has continued to implement.
This may seem like a quixotic endeavor, but Boyle has had success with filings in international courts before, gaining an indictment against former Yugoslav president Slobodan Milosevic in the International Criminal Tribunal of the Former Yugoslavia (ICTY).
I spoke with Professor Boyle by phone last Friday:
Smile Politely: I'm curious about the timing of this filing. What prompted this to come out now?
Francis Boyle: Well, my own schedule. I was grading exams and everything until Christmas Eve, and then I took some time off, and came back and finished it up in between classes. My classes resumed on Tuesday, and I filed on Tuesday. It had nothing to do with Bush being appointed there in Haiti, although it sort of raises the question, Why did President Obama appoint an international criminal to bring so-called relief to the people of Haiti? Especially after what [Bush] did to the people of New Orleans after Katrina, but this is just based on my own... the schedule, the timing was really based on my own research and teaching schedule.
Smile Politely: Argentina was used as an example in the letter to the court. I'm assuming that's because the prosecutor is Argentinian?
Francis Boyle: That's right, he had extensive experience combating human rights violations in Argentina, and that's why he was picked as ICC prosecutor. But, I wanted to point out to him the similarities between the dirty war of the Argentine junta and the Bush dirty war.
Smile Politely: I can see that connection. You mentioned that the Obama Administration is continuing the policy of extraordinary rendition. I was wondering if you knew of any examples of this policy being acted upon under the new administration, or whether the rhetoric is just the same?
Francis Boyle: They have officially stated that they are continuing the policy; however, so far I do not have any evidence as to precisely what they have done, because it's all surreptitious to begin with. For that reason, I have not included the Obama Administration in my complaint. I'm an attorney, and I have an obligation to investigate the facts and the law before I take legal action against someone, and right now I do not have the legal evidence that that's what Obama is doing, so I had to limit this complaint to what Bush was up to, because that has been very well-documented by the Parliamentary Assembly for the Council of Europe, or the so-called Marty Report [found here in pdf form], the official investigation by the Council of Europe, they had access to all the governments, solidly based. I could not really start drafting this complaint, couldn't really contemplate it, until that report came out, and then it became clear that they had violated the ICC statute, and there was enough credible evidence produced by a report, and not just relying on news media sources. So, that came out last year, and it took a while to put that together, a 50-page, single-spaced complaint. And then referenced back to the Marty Report, which is even more substantial. So, my guess is, it's going to take the prosecutor a while to work his way through all these documents.
Smile Politely: Did you write a similar complaint that led to the indictment of Slobodan Milosevic?
Francis Boyle: Yes, I did. On behalf of my clients, the Mothers of Srebrenica, I convinced the International Court of the Former Yugoslavia, Carlo Ponti, to indict Slobodan Milosevic for every crime that he committed in the ICTY [International Criminal Tribunal for the Former Yugoslavia] statute, including genocide and he was on trial for all those crimes when he expired. Unfortunately, he didn't really take very good care of himself, he decided to run his own defense, and it looks like he died of high blood pressure or something, I'm really not sure. It was unfortunate, because we wanted a final judgment, we had survived a motion to dismiss. After the close of the prosecution's case, Milosevic filed a motion to dismiss with the court on the grounds of the insufficiency of the case against him, on all counts including genocide, and the court denied that, and he was about to open his defense. But, he never got that far.
Smile Politely: Having dealt with this body before...
Francis Boyle: Well, they're different. The ICTY is different from the International Criminal Court. The International Criminal Court applies to the whole world, at least those states that are parties (it's about 100 states), and the ICTY only applied to crimes in the former Yugoslavia.
Smile Politely: Have you filed a complaint with the International Criminal Court before?
Francis Boyle: No, this is the first one I've done with them. People have asked me to file a complaint before with Bush, but there was no real basis under the jurisdiction as I saw it. But when the Marty Report came out, and I realized the extensive nature of the crimes committed, I felt there was a pretty good case here that could be applied. It's not just enough that particular crimes are committed, they also have to be widespread and systematic, and in this case I already submitted to the prosecutor, they are both.
Smile Politely: Why these six people, not more or fewer?
Francis Boyle: These people are the kingpins, straight on down. It's sort of like Nuremberg. At Nuremberg, we tried the kingpins, these are the kingpins, the ones directly responsible. In the complaint, I also mentioned some other officials, like Professor Yoo, the law professor at Berkeley, and I suspect Moreno-Ocampo will look at Yoo, but he wasn't a kingpin, he was a second-level official.
Smile Politely: The email was mailed from Lawyers Against the War, but then it was signed by you individually...
Francis Boyle: I work with Lawyers Against the War, and they're an outstanding organization. I've given them advice on Omar Cotter's case down there in Guantanamo, which is just a deplorable shame. He is clearly a child soldier under the Child Soldier's Convention, he should be treated as a child soldier and he's not. There's no way he should be facing court-martial here, in this kangaroo court proceeding in Guantanamo, and it's a disgrace that President Obama hasn't pulled the plug on his prosecution, and it's a disgrace that that Prime Minister Harper hasn't intervened to stop it.
Smile Politely: But did you file this on behalf of Lawyers Against the War?
Francis Boyle: No, sometimes I work with them and sometimes they support me. I filed this with them for their information, and they circulated it.
Smile Politely: I don't have a legal background, I was just...
Francis Boyle: Well, you have the letter I sent to Moreno-Ocampo, right?
Smile Politely: Yes.
Francis Boyle: Yeah, well that outlines the case right there. As I said, the complaint is about 50 pages long; I'm keeping that confidential now until I hear from Moreno-Ocampo about what he's going to do. He has the complaint now, I faxed it through there on Tuesday, sent it FedEx on Wednesday, and also by email, and I have receipts, so they have it. Today's only Friday, so Wednesday I prepared the press release, so we'll see.
Smile Politely: Do you have a personal relationship with [Moreno-Ocampo]?
Francis Boyle: No, I don't know him personally; I know him by reputation. As a fellow human rights lawyer, I have respect for him, but I don't know him personally, no.
Smile Politely: Do you have any interest in speculating on a timetable that you might receive a response?
Francis Boyle: No, I don't. I have requested a meeting with him. I would hope I'll get that meeting after he's had time to review these documents and make some preliminary inquiries. He's very thorough, professional, meticulous person, so I think this will take some time. But hopefully, he will take my complaint seriously.
Smile Politely: Do you have any idea how many cases the ICC...?
Francis Boyle: Well, they have very few cases now. They have I think three out of Africa, one the president of Sudan, and I think that's it. This isn't a case yet, but they do have cases going on.
Smile Politely: That answers most of the questions I had come up with, Professor Boyle. Did you have anything that we didn't talk about that you wanted to clear up or expand on?
Francis Boyle: No, but I think all Canadians have to support Omar Cotter and pressure Harper there to intervene to stop this kangaroo court proceeding, this atrocity down in Guantanamo, and have Cotter sent home to Canada and dealt with in accordance with the Child Soldiers' Convention, which calls for his rehabilitation, not his prosecution.
19 comments
UrbanaJake
I am readying a complaint against this prof in the international kangeroo court for crimes against undergrads. Clean up that admissions scandal/mess at the UI Law School before you go globetrotting. Outright selling admissions seats to the highest bidder? It’s a wonder the ABA doesn’t shut your crony law school down.
UrbanaJake, your complaint might have merit, but you have the wrong guy. Boyle is, to put it politely, somewhat estranged from the powers that be in the law school and university.
UrbanaJake
Stuart,
Do share this renegade’s attempts to foil the selling of law school seats at Illinois. Give us the details of his outrage when the whole sorid, lawless affair came to light. What has this ‘officer of the court’ and state employee done to help remedy this situation?
Answer: File frivolous lawsuits and keep quiet while cashing a state-supported paycheck. Clouted law students are now in UI classes as you read this, having bested qualified students.
I just hope this prof didn’t use government paid-for computers or resources when filing his Mickey Mouse briefs. That would be a real crime.
Great interview Joel!
Jake, if that’s really your name, I can’t answer your first request because I don’t know, but I would guess the answer is not much. Was he outraged by the sordid mess? Probably, but no more than usual. Same goes for the next question. As I said, estranged.
Your diatribe conflates two issues that are really separate. Whether his lawsuits are frivolous Mickey Mouse or not is highly debatable, but I’m not qualified to debate it. Except to note the old saw that might apply here: be reasonable, demand the impossible.
As for using government computers, get real. It’s pissant stuff like this that strangles real discussion. Plus, the law school is essentially a privately funded entity these days anyway.
Again, you’re barking up the wrong tree. More fruitful trees exist.
I had Francis Boyle for Jurisprudence and International Human Rights.
Both classes were largely concerned with Lawrence Rockwood and Leonard Peltier.
UrbanaJake
Listen up Robert, I mean Stuart,
The law school aint private. You live on another planet if you think it could survive without support from the state, pension sweeteners for faulty, and the like. The Law School is a cess pool and I wish this prof would crawl back into it. Thanks for excusing corruption and failing to care whether more public resources were used to advance personal causes.
Thanks for the lecture dad, but you don’t know what you are raging about, except maybe the cess pool bit, but that’s hardly unique to this college. The law school is a cash cow and could survive quite well without state support, which is minimal at this point. This is not unique to Illinois. Other state law schools are even more privately funded, Michigan for example. I don’t know about other professional schools here and elsewhere, but it wouldn’t surprise me if they are not also heading in the same direction. Then there’s the Ag college, a subsidiary of the Monsanto Corporation (I exaggerate only slightly). And if you want to get worked up about corruption, look at corporate sponsored research. Check out the BPI suit to prevent Iowa State from releasing a study a professor did on ammonia treatments for beef, the basis for the Feds to approve it (whoops, got some e-coli and sick folks here). Not to suggest the researcher is corrupt (ISU is fighting the suit), but that the privatized university increasingly is as a structural matter.
UrbanaJake
@Stuart: You are correct. Other big research schools have troubles too. But the resignation of an entire Board of Trustees and the selling of law school seats is beyond disgust. These are future lawyers and by extension judges sitting over on East Pennsylvania Avenue learning that Daddy Warbucks can buy justice.
Now, let’s turn our attention to the law faculty. They wrote letters to editors of newspapers protesting the Tribune’s investigation. When the worst and more were confirmed, they hide. This prof may have a case for abuse during times of war. But he has no credibility. Quit parroting those who make excuses because their identity is tied to U of I being the greatest school. Instead, Stuart, face reality and know that U of Michigan law profs would walk -out if they discovered a large percentage of their law students gained entry by corruption and the Univ. administration made that corruption possinle.
@Jake: I have little quarrel with any of your latest post. However, it should be made clear that the entire faculty did not sign that letter. Some who were approached refused, many were not approached, and I’m fairly sure nearly all would have refused also. I wouldn’t doubt that some of the signers now have second thoughts. Boyle did not sign it, and I’d guess he was not approached, because as is widely known in much of the campus community, his relations with the faculty are strained and distant. This is not a brief for Boyle. I’ve only met the guy once and found him pleasant enough. I admire his forays into international human rights litigation, although sometimes wonder about the practicality of it, but I have seen some of his tirade emails to the rest of the faculty and university (this was several years ago, don’t know if he’s still doing that), and I think the notion of them being estranged from each other is apt.
Your mention of the university administration is the key. The way it had operated and the culture created around it, not to mention the general university political culture, probably helps explain the reticence of some to stick their head out of the foxhole while the shooting was still going on, and it wasn’t clear who would still be in power. I’m sure the Michigan faculty would appreciate your assessment of them, but, having been around several universities in a variety of roles, I’m highly skeptical of your scenario.
@Jake: One more thing. Your comment about identity being tied to being part of the greatest school ever is spot on. The ratings game has absolutely poisoned higher education, and it’s largely at the root of the U of I’s shame.
UrbanaJake
Well perhaps I did have a bone to pick, Stuart. Given the Law School scandal has little to do with a prof trying to make a worthwhile point in an international forum.
I owe you a beer at your favorite watering hole. Maybe I live in a world of ideals, and I stand corrected, the hired 1960s, 1980s motley crew of law school profs at U of I need to be replaced.
But I am even more distrustful of law schools that are not open to public inspection. Someday, one of us may need a public defender.
When I was in law school (‘95-‘98) the big firms were interviewing ONLY the top 10% of each class. It said so in black & white on the little cards posted outside the career services office.
That’s 18 to 21 people.
Why? Because their studied opinion was that 90% of Illinois law grads weren’t up to their standards.
UrbanaJake
Rob,
You are Exhibit A in being a drone.
No one cares—you are part of a scam. Blacks, Chicanos, others, didn’t get a fair shake. They could NEVER be part of that 10 percent because they weren’t clouted. Now they sit with no law degree and are forced to pay state taxes to support Clouted Law Students. Maybe you weren’t. But the standards were a lie—remember the LSAT and GPA was rigged to only accept those who scored high enough to offset the clouted. They would get law degree NO matter what, their parents bought it. Disgraceful. I am ashamed to know that Chicago politics took pver this U on the prairie. Makes me wonder what else is under the rug. I could care less about the latest organic Chocolate cake in Sin City.
@Stuart: Speaking as a U of I LAS grad, you learn me.
@UrbanaJake: I agree with your anger.
BUT,
“They could NEVER be part of that 10 percent because they weren’t clouted.“
isn’t true. And since we know you said it to make a point, I get it. No need to thrash me. Please.
I’m not quite sure what Rob’s somewhat cryptic comments indicate, but I’ll make a guess: the comment about 90 percent of UI grads not being up to snuff is bitterly sarcastic (and rightly so). The point is that the ratings and rankings game is endemic in the legal community. It’s absurd to think that a much larger percentage of Illinois Law grads could not perform at any level. But, the profession is built around image (those paneled offices, powdered wigs, raised judicial diases and whatnot). My guess is that Rob is saying the acute ranking anxiety at law schools is not only due to their internal pecking order flutter, but the external pecking order flutter of big law firms, and the general flutter of current “culture”.
I’m not sure what I mean, either.
I may be echoing the off-the-cuff sentiments of Dean Hurd: It really doesn’t matter if those last six seats were sold to the highest bidder. The six least-qualified people aren’t going to be competing for big dollars.
But when you’re a 1L at Illinois, they don’t emphasize the point that Harvard grads will all get job offers. They do emphasize the quality of the teaching. Half of my professors were really excellent.
and the other half? do I detect damning with faint praise? But I get your drift about the six seats sold, although they will be competing for something with a leg up. Not that it would matter to one of the top, um, 20 or so, no 30 or so, law schools. Metrics and all that, you know. Ok, excuse me. It’s inside baseball and all that, but the larger points stand. The rankings are poison, and stupid besides.
Thank you Smile Politely for doing this interview.
International law professor Francis Boyle is an amazing person. I fully support his filed complaints against the Bush II administration for their crimes.
If these people are not held responsible for their illegal actions, then current and future Administrations will continue the practices.
Boyle has a strong case and a moral responsibility and guts. In my book, Boyle’s a hero.
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Thank you Smile Politely for doing this interview. International law professor Francis Boyle is an amazing person. I fully support his filed complaints against the Bush II administration for their crimes. If these people are not held responsible for their illegal actions, then current and future Administrations…
and the other half? do I detect damning with faint praise? But I get your drift about the six seats sold, although they will be competing for something with a leg up. Not that it would matter to one of the top, um, 20 or so, no…
I’m not sure what I mean, either. I may be echoing the off-the-cuff sentiments of Dean Hurd: It really doesn’t matter if those last six seats were sold to the highest bidder. The six least-qualified people aren’t going to be competing for big dollars. But…
I’m not quite sure what Rob’s somewhat cryptic comments indicate, but I’ll make a guess: the comment about 90 percent of UI grads not being up to snuff is bitterly sarcastic (and rightly so). The point is that the ratings and rankings game is endemic in the…
@Stuart: Speaking as a U of I LAS grad, you learn me. @UrbanaJake: I agree with your anger. BUT, “They could NEVER be part of that 10 percent because they weren’t clouted.“ isn’t true. And since we know you said it to make a point, I get…
Rob, You are Exhibit A in being a drone. No one cares—you are part of a scam. Blacks, Chicanos, others, didn’t get a fair shake. They could NEVER be part of that 10 percent because they weren’t clouted. Now they sit with no law degree and are…
When I was in law school (‘95-‘98) the big firms were interviewing ONLY the top 10% of each class. It said so in black & white on the little cards posted outside the career services office. That’s 18 to 21 people. Why? Because their studied…
Well perhaps I did have a bone to pick, Stuart. Given the Law School scandal has little to do with a prof trying to make a worthwhile point in an international forum. I owe you a beer at your favorite watering hole. Maybe I live in a world…
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