Philippe Sands

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Philippe Sands with Elizabeth Wilmshurst (2013)

Philippe Sands , QC , (born October 17, 1960 in London ) a British-French lawyer and writer. He is a barrister at Matrix Chambers, Professor of Law and Director of the Center on International Courts and Tribunals at University College London. An expert in international law, Sands has practiced law before many international courts, including the International Court of Justice in The Hague, the International Court of Maritime Law, the European Court of Justice, the European Court of Human Rights and the International Criminal Court. He is also a member of the judicial panels of the International Center for Settlement of Investment Disputes ( ICSID ) and the International Court of Sports (CAS).

Sands is the author of sixteen books on international law, including Lawless World (2005) and Torture Team (2008). His book East West Street: On the Origins of Genocide and Crimes against Humanity (2016) has won numerous awards, including the 2016 Baillie Gifford Prize for Non-Fiction. His most recent book is The Rat Line: A Nazi on the Run (2020).

Sands has been chairman of the English PEN since February 5, 2018.

Life

Sands was born on October 17, 1960 to Jewish parents in London. He attended University College School in the Hampstead neighborhood and studied law at Corpus Christi College , Cambridge. He received his Bachelor of Arts in law in 1982 and completed an LLM course the following year, which he graduated with "first class honors". After graduating from Cambridge, Sands spent a year as a visiting scholar at Harvard Law School .

Today Sands lives in north London with his wife and three children. In an interview with the Guardian , Sands once said: "I want to be perceived as the individual 'Philippe Sands', not as 'Philippe Sands the British', 'Londoner' or 'Jew'."

academic career

From 1984 to 1988 Sands worked as a research assistant at St. Catherine's College in Cambridge and at the Cambridge University Research Center for International Law (now Lauterpacht Center for International Law). He also held academic positions at Kings College London (1988–1993) and SOAS (1993–2001). He was Professor of Law at New York University Law School (1993–2001) and was visiting professor at Paris I Sorbonne University, the University of Melbourne , the Graduate Institute of International and Developments Studies , Indiana University Bloomington , and the University of Toronto , l Boston College Law School and Lviv University .

In 2019, Sands was appointed “Samuel and Judith Pisar Visiting Professor of Law” at Harvard Law School .

Sands co-founded the Center for International Environmental Law , 1989) and the Project on International Courts and Tribunals, 1997.

Legal career

Sands joined the England and Wales Bar in 1985. In 2000 he was a founding member of Matrix Chambers and in 2003 he was named Queen's Counsel . In 2009, Sands was elected Bencher at Middle Temple .

Sands has served as legal counsel on numerous international cases spanning a wide range of areas of law including:

  • Disputes over maritime borders (in the Caribbean, Atlantic and Pacific Oceans);
  • Disputes over natural resources, pollution and environmental auditing;
  • International trade disputes;
  • Disputes regarding the immunity of former and current government officials before international and national courts;
  • Disputes arising from the United Nations Convention on the Law of the Sea ;
  • Cases relating to the use of violence under international law, allegations of torture, genocide, self-determination and other human rights violations;
  • Cases of violations of international criminal law.

Sands has appeared as a lawyer in more than two dozen cases before the International Court of Justice , including the Nuclear Weapons Advisory Opinion (for the Solomon Islands); the Georgia v. Russia dispute (for Georgia); Whaling in the Antarctic (for Australia); Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 ; and Application of the Genocide Convention on the Prevention and Punishment of the Crime of Genocide (for Gambia). Sands has also served as legal counsel in arbitration inter-state disputes, including the arbitration in Chagos Marine Protected Area (for Mauritius) and the dispute between the Philippines and China over sovereign rights in the South China Sea (for the Philippines).

Prior to being appointed judge at the International Center for the Settlement of Investment Disputes (since 2007), Sands practiced law on numerous investment disputes cases (including Tradex, Waste Management, and Vivendi ). Today Sands works as an arbitrator in investment and sports disputes.

In 2005 Sand's book Lawless World sparked a professional and public debate in the UK on the legality of the 2003 Iraq war . The book covers a number of topics, including the criminal case against former Chilean President Pinochet in London, the establishment of the International Criminal Court , the war on terror and the construction and operation of the prison camp in Guantanamo Bay . In the second edition of Lawless World (2006), Sands revealed that then Prime Minister of the United Kingdom Tony Blair pledged to support US President George W. Bush's plans to invade Iraq without legal advice on the legality of such To have included the project. Sands unveiled a memorandum dated January 31, 2003, which documented a two-hour meeting between Blair and Bush during which Bush raised the possibility of tricking Saddam Hussein's forces into shooting down a Lockheed U-2 war aircraft , thereby creating the Iraq UN Would have broken Security Council resolutions. The memorandum revealed that Blair had pledged to Bush his support for such warfare. This contradicts Blair's statement of February 25, 2003 in the British Parliament . In Sand's view, there was no legal basis on which the military intervention in Iraq in 2003 could be based.

Sand's book Torture Team (2008) explains the role of senior lawyers in the Bush administration in authorizing torture (including so-called "advanced questioning techniques" in Guantanamo Bay). Following the publication of this book, Sands was invited by the UK and Dutch Parliaments and the US House of Representatives and Senate to provide oral and written evidence:

  • UK House of Commons Select Committee on Foreign Affairs (June 1, 2004)
  • UK House of Commons Select Committee on Foreign Affairs (April 2006)
  • US House of Representative Committee on the Judiciary (May 6, 2008)
  • US Senate Committee on the Judiciary (June 19, 2008)
  • Inquiry by the Dutch Parliament: Davids Commission (September 2009)

In 2009, Jane Mayer reported in The New Yorker newspaper about Sand's reaction to news that Spanish lawyer Baltazar Garzon had received requests to report six former Bush administration officials to war crimes.

From 2010 to 2012, Sands served as the UK Government Commissioner on a Human Rights Charter. The Commission report was published in December 2012. Sands and Baroness Kennedy disagreed with the majority and their dissent (" In Defense of Rights ") was published in the London Review of Books .

Sands and Kennedy expressed concern that support for a UK human rights charter was guided by the UK's desire to withdraw from the European Convention on Human Rights . In an article published in The Guardian newspaper in May 2015, Sands wrote that a UK human rights charter could provide some people within the UK with more rights than others, which in turn is "inconsistent with the essence of basic human rights every person has a minimum of rights ”.

On September 17, 2015, Sands gave a public lecture at the UK Supreme Court entitled “Climate Change and the Rule of Law: Adjudicating the Future in International Law”. He expressed the view that a ruling by an international court such as the International Court of Justice could help resolve the scientific dispute over climate change, as such a ruling would be binding and legally binding.

In December 2015, Sands and two colleagues from Matrix Chambers drafted a legal opinion on the legality of arms exports from the UK to Saudi Arabia for Amnesty International , Oxfam and Saferworld. The opinion concluded that by authorizing arms transfers to Saudi Arabia , the UK government is violating its obligations under the Arms Trade Treaty , the European Union's Common Position on Arms Exports and the UK's Consolidated Criteria on Arms Exports.

On April 16, 2018, Sands co-wrote an article for The Times arguing that the UK had no legal basis to invoke the missile strikes on Syria in 2018.

Writings, theater and film

Sands is a contributor to the Financial Times and The Guardian, and an occasional contributor to the London Review of Books and Vanity Fair .

In addition, Sands regularly comments on current cases and issues of international law on programs such as the BBC , Sky News , CNN , Al Jazeera and on national radio and television stations worldwide.

His written works formed the basis for three listed productions that explore the public and historical influence of international law:

  • Called to Account , a mock examination of legal issues relating to the Iraq war (performed in the Tricycle Theater in April 2007);
  • Stage lectures by Torture Team (performed at the Tricycle Theater in 2009, the Hay Festival in 2010, and the Long Wharf Theater in 2011);
  • A Song of Good and Evil (performed in the South Bank's Purcell Room from November 29 to 30, 2014, in Stockholm's Berwaldhallen on January 14, 2015, Nuremberg's courtroom 600 at the invitation of the German government on the occasion of the 70th anniversary of the opening of the Nuremberg Trials on November 21, 2015 and Montauban's Théâtre Olympe de Gouges on November 28, 2015). The play has also been performed at King's Place in London, as well as in Australia, Istanbul, Brussels, The Hague and New York.

Sand's book East West Street: On the Origins of Genocide and Crimes against Humanity (2016) has been translated into twenty languages. It was the basis for the documentary My Nazi Legacy: What Our Fathers Did . The film was directed by David Evans and premiered at the Tribeca Film Festival in April 2015. The documentation was released in the US on November 6, 2015 and in the UK on November 20, 2015.

Sands wrote the script and appears in the film himself, alongside the sons of two prominent officials and even Nazis under Hitler: Niklas Frank (the son of Hans Frank, Governor General in occupied Poland) and Horst von Wächter (the son of Otto Wächter, Governor of Krakow in Poland and Galicia in Ukraine). The documentary, which explores the relationship between the two sons and their fathers, won the Yad Vashem Chairman's Award at the Jerusalem Film Festival and was nominated for “Best Documentary” at the Stockholm Film Festival and for the Evening Standard British Film Awards .

In 2018 Sands wrote the documentary Intrigue: The Ratline about the disappearance of Nazi Otto Wächter, which he presented on BBC Radio 4 . In the documentary, Sands explores the so-called " rat lines " through which former Nazis escaped from justice. Since then, Sands has published a book on the subject. 

In 2019, Sands published an introduction to Franz Kafka's “The Trial”.

In 2020 he published the book The Ratline: Love, Lies and Justice on the Trail of a Nazi Fugitive .

For several years, Sands was a board member of the Tricycle Theater. He is currently chairman of English PEN (board member since January 2013). Sands is also a board member of the Hay Festival of Arts and Literature , and interviewed Julian Assange (2011); Vanessa Redgrave (2011); Keir Starmer (2013); John Le Carré (2013); Lord Justice Leveson (2014) and Tippi Hedren (2016).

bibliography

General

  • Lawless World: America and the Making and Breaking of Global Rules (2005; Arabic edition in 2007; Farsi edition in 2008; Chinese edition in 2012; Turkish edition in 2016)
  • Torture Team: Rumsfeld's Memo and the Betrayal of American Values (2008; French edition in 2009)
  • East West Street: On the Origins of Genocide and Crimes against Humanity (2016)
  • My Lviv (2016; together with Józef Wittlin's My Lwów , published as City of Lions )
  • The Ratline: Love, Lies and Justice on the Trail of a Nazi Fugitive , Weidenfeld and Nicolson, London, 2020.

Academic

  • Principles of International Environmental Law (with Jacqueline Peel) (1995, 2003, 2012, 2019)
  • International Law and Developing Countries: Essays in Honor of Kamal Hossain ( edited with Sharif Bhuiyan and Nico Schrijver) (2014)
  • Hersch Lauterpacht, An International Bill of Rights (1945) (Editor, with introduction) (2013)
  • Selecting International Judges: Principle, Process and Politics (with Kate Malleson, Ruth Mackenzie and Penny Martin) (2010)
  • The Manual of International Courts and Tribunals (edited with Ruth Mackenzie, Cesare Romano, Yuval Shany), (2010)
  • Bowett's Law of International Institutions (with Pierre Klein) (2001, 2009)
  • Justice for Crimes against Humanity (edited with Mark Lattimer) (2003)
  • From Nuremberg to the Hague (ed.) (2003)
  • Vers une transformation du droit international? Institutionaliser le doute (2000)
  • Environmental Law, The Economy and Sustainable Development (edited with Richard Stewart and Richard Revesz) (2000)
  • The International Court of Justice and Nuclear Weapons (edited with Laurence Boisson de Chazournes) (1999)
  • Greening International Law (ed.) (1993)
  • The Antarctic and the Environment (edited with Joe Verhoeven and Maxwell Bruce) (1992)
  • Chernobyl: Law and Communication (1988)

Prizes and awards

Web links

Commons : Philippe Sands  - collection of images, videos and audio files

Individual evidence

  1. ^ Philippe Sands: Weapon of mass instruction. February 14, 2006, accessed May 18, 2020 .
  2. a b c Prof. Philippe Sands QC. Retrieved May 18, 2020 (UK English).
  3. Stephen Moss: Philippe Sands: 'Alarm bells are ringing in this country' . In: The Guardian . November 16, 2016, ISSN  0261-3077 ( theguardian.com [accessed May 18, 2020]).
  4. Legality of the Threat or Use of Nuclear Weapons. International Court of Justice, accessed May 18, 2020 .
  5. ^ Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation). International Court of Justice, accessed May 19, 2020 .
  6. ^ Whaling in the Antarctic (Australia v. Japan: New Zealand intervening). International Court of Justice, accessed May 18, 2020 .
  7. ^ Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. International Court of Justice, accessed May 18, 2020 .
  8. ^ Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar). International Court of Justice, accessed May 18, 2020 .
  9. ^ Chagos Marine Protected Area Arbitration. Permanent Court of Arbitration, accessed May 18, 2020 .
  10. ^ The South China Sea Arbitration. Permanent Court of Arbitration, accessed May 18, 2020 .
  11. ^ Richard Norton-Taylor: Blair-Bush deal before Iraq was revealed in secret memo . In: The Guardian . February 3, 2006, ISSN  0261-3077 ( theguardian.com [accessed May 18, 2020]).
  12. ^ House of Commons Hansard Debates for 25 Feb 2003 (pt 5). Retrieved May 18, 2020 .
  13. ^ Philippe Sands: Letter to Sir John Chilcot. In: Wayback Machine. May 12, 2013, accessed May 18, 2020 .
  14. ^ House of Commons - Foreign Affairs - Minutes of Evidence. Retrieved May 18, 2020 .
  15. ^ House of Commons - Foreign Affairs - Fourth Report. Retrieved May 18, 2020 .
  16. ^ Philippe Sands: Introductory Statement before the US House of Representatives Committee on the Judiciary Sub-Committee on the Constitution, Civil Rights and Civil Liberties. In: Wayback Machine. December 17, 2008, accessed May 18, 2020 .
  17. Regering: Rapport Commissie-Davids - Rapport - Rijksoverheid.nl. January 12, 2010, accessed on May 18, 2020 (nl-NL).
  18. Jane Mayer: The Bush Six. The New Yorker, accessed May 18, 2020 .
  19. ^ Commission on a Bill of Rights. Retrieved May 18, 2020 .
  20. Philippe Sands: Philippe Sands and Helena Kennedy · In Defense of Rights · LRB 3 January 2013. January 3, 2013, accessed on May 18, 2020 (English).
  21. ^ Philippe Sands: This British bill of rights could end the UK | Philippe Sands . In: The Guardian . May 14, 2015, ISSN  0261-3077 ( theguardian.com [accessed May 18, 2020]).
  22. ^ Adam Vaughan: World court should rule on climate science to quash skeptics, says Philippe Sands . In: The Guardian . September 18, 2015, ISSN  0261-3077 ( theguardian.com [accessed May 18, 2020]).
  23. Amnesty International: UK Government breaking the law supplying arms to Saudi Arabia, say leading lawyers. Retrieved May 18, 2020 .
  24. ^ Philippe Sands, Kimberley Trapp: UK had 'no established legal basis' for Syria air strikes . ISSN  0140-0460 ( thetimes.co.uk [accessed May 18, 2020]).
  25. ^ Philippe Sands | The Guardian. Retrieved May 18, 2020 .
  26. ^ Philippe Sands: Philippe Sands LRB. Retrieved May 18, 2020 .
  27. ^ Vanity Fair Magazine: Philippe Sands. Retrieved May 18, 2020 .
  28. Michael Billington: Theater review: Called To Account / Tricycle, London. The Guardian, April 24, 2007, accessed May 18, 2020 .
  29. ^ Torture Team at Tricycle Theater. Retrieved May 18, 2020 .
  30. Vanessa Redgrave, Ralph Fiennes, Jay Sanders, Philippe Sands, Gillian Anderson. Retrieved May 18, 2020 .
  31. ^ Adam Hetrick, Long Wharf's "Torture Team" Features Vanessa Redgrave, Jeff McCarthy, Jay O. Sanders. In: Playbill. Retrieved May 18, 2020 .
  32. ^ Sveriges Radio: Philippe Sand's "A Song of Good and Evil" - Klassiska conserved i P2. Retrieved May 18, 2020 (Swedish).
  33. Detail: International Nuremberg Principles Academy. March 15, 2016, accessed May 18, 2020 .
  34. La chanson du bien et du mal. In: Confluences. Retrieved May 18, 2020 (Fri-FR).
  35. ^ A Song of Good and Evil | Kings Place. April 2, 2016, accessed May 18, 2020 .
  36. ^ The Diary: Philippe Sands. Financial Times, accessed May 18, 2020 .
  37. ^ A Nazi Legacy: What Our Fathers Did | Tribeca Film Festival. March 26, 2015, accessed May 18, 2020 .
  38. My Nazi Legacy (2015) |. Retrieved May 18, 2020 .
  39. Documentary Competition | Stockholm Film Festival. April 8, 2016, accessed May 18, 2020 .
  40. ^ Robert Dex: Evening Standard British Film Awards - the contenders. In: Evening Standard. January 13, 2016, accessed May 18, 2020 .
  41. The Ratline . October 22, 2019 ( weidenfeldandnicolson.co.uk [accessed May 18, 2020]).
  42. Community Day | Kiln Theater. Retrieved May 18, 2020 (American English).
  43. ^ Board of Trustees. In: English PEN. Retrieved May 18, 2020 (American English).
  44. Vanessa Redgrave talks to Philippe Sands. In: Hay Festival. Retrieved May 18, 2020 .
  45. ^ Keir Starmer talks to Philippe Sands. In: Hay Festival. Retrieved May 18, 2020 .
  46. ^ Rob Brown: John le Carré Talks to Philippe Sands. In: MAKING HAY at the Hay Festival. June 1, 2013, accessed May 18, 2020 .
  47. ^ Brian Leveson talks to Philippe Sands. In: Hay Festival. Retrieved May 18, 2020 .
  48. ^ Alison Flood, Sian Cain: Philippe Sands wins the 2016 Baillie Gifford prize for nonfiction . In: The Guardian . November 15, 2016, ISSN  0261-3077 ( theguardian.com [accessed May 18, 2020]).
  49. Benedict Page: Sands and Gundar-Goshen win JQ Wingate Literary Prize | The Bookseller. In: The Bookseller. Retrieved May 18, 2020 .
  50. Les deux lauréats du Prix du meilleur livre étranger 2017. Accessed on May 18, 2020 (French).
  51. Vincy Thomas: Philippe Sands couronné par le Prix Montaigne de Bordeaux 2018. Livres Hebdo, accessed on May 18, 2020 (French).