Earlier this month, Germany bestowed its highest civilian decoration, the Federal Cross of Merit, on South Africa's Dr Navi Pillay. Here is an excerpt of the speech made by German Ambassador Martin Schäfer at the event.
I have come to Durban to express our recognition, to pay our respect and to express our gratitude to one of the most exceptional experts and influential actors in the realm of international criminal law and human rights in the world.
It is difficult to imagine a more meaningful, more logical and more impressive legal career than yours. Your achievements truly go beyond what any law student could possibly dream of when sweating over law books at University.
You grew up under apartheid in South Africa and, as a young criminal defence lawyer, you stood up for the rights of uncounted activists who had become victims of racial segregation and torture, oppression and political persecution.
In fact, you were yourself an activist against the regime at the same time. And we all can see that you continue to be to this day a committed activist for the cause of human rights and justice.
After the end of apartheid, you were nominated by President Nelson Mandela to become the first non-white female judge at the High Court. But this was to be just the start of a brilliant career as a judge. You were soon elected by the UN General Assembly to serve as a judge and later as President of the International Criminal Tribunal on Rwanda, as the first and, until that time, only woman.
In a landmark judgment, you established that rape and sexual assault could constitute acts of genocide and a war crime.
International Criminal Court
In 2003, you were among the first ever judges to serve at the newly established International Criminal Court and, after several years of service as a judge, you were appointed United Nations High Commissioner for Human Rights
You are one of the world’s most renowned experts of international criminal justice and human rights, and your contributions are tremendous.
And, yes, you have been a feminist in times, when that word was either not invented, yet, or still perceived to be an insult. You have been a role model and an inspiration for so many women, in Durban, in your mother country South Africa and worldwide.
What matters to us Germans is your engagement with the International Nuremberg Principles Academy in Germany.
Germany sees a historic responsibility for advocating international criminal law and is therefore so grateful to Dr Pillay’s role therein: It is part of what we call Vergangenheitsbewältigung, or coming to terms with our troubled past.
Every German will at some point have learnt what happened in Nuremberg 75 years ago. It was there, in room 600 of the Palace of Justice, in 1945, that Germans who had committed unimaginable crimes were held to account before an international tribunal.
Despite Germany‘s guilt in and responsibility for the destruction of large parts of Europe and the Holocaust, the allied forces did not seek revenge. Instead, they showed true greatness. In the light of unimaginable atrocities, they decided to prosecute the representatives of the Nazi regime in an orderly procedure and in accordance with the rule of law.
What a great and powerful symbol!
Nuremberg trials
Today, the Nuremberg trials are considered the birthplace of International Criminal Justice. The process set in motion by the Nuremberg Trials helped establish international courts in the second half of the 20th century which would prosecute the most serious of crimes: The International Criminal Tribunal for the Former Yugoslavia, then the Tribunal on Rwanda. Then followed the Treaty of Rome and the establishment of the International Criminal Court in The Hague.
Dr Navi Pillay has been a part of this process. And much more: Indeed, you have been instrumental in guiding and shaping it, against all obstacles, overcoming so much resistance.
We cannot deny that the multilateral world order, and International Criminal Justice with it, finds itself in difficult waters today. Multilateral cooperation and international law as cornerstones of our global order have lost appeal in some corners of the world. Also, the support for International Criminal Justice seems to be waning.
It is somewhat surprising and also quite discomforting that even here in South Africa, with its violent past and the absence of true justice until the transition to a free and democratic South Africa, the role and mission of the International Criminal Court, and indeed South Africa’s clear stance as founding member of the Treaty of Rome, is seriously contested.
Given the history of apartheid and the strong commitment of the South African Constitution to Human Rights, Justice and the Rule-of-Law, we would hope and wish for South Africa to be at the forefront of those supporting international criminal justice and indeed, the International Criminal Court. Let me say that I am very confident that a sense of history, where we come from, what we have achieved and what is our role going forward, will prevail.
You dedicated your life to the values we share, in Germany and in South Africa, in both our constitutions that are our responses to terrible times, to our own demons, to violence and destruction, to war and oppression.
Optimism
All that darkness, both our countries replaced with a clear focus on human rights and the rule of law. And we replaced it with the optimism that peace and reconciliation are within our reach, that tolerance and diversity need to be defended with our hearts and minds.
You inspired us with your bravery and courage, your authority and punch, and with your firm convictions, a whole life long.
Your live struggle has been arduous, sometimes painful, maybe with moments of despair, but it was inspiring, meaningful and successful: You have brought about change — you have made a difference on the world stage!
We are immensely grateful for your achievements and your struggles, we are grateful for so many fruitful partnerships. We are grateful for your friendship.
We are proud to be at your side.
- This is an edited version of the speech that German Ambassador Martin Schäfer held upon the bestowal of the Federal Cross of Merit, the highest civilian decoration in Germany, to Dr. Navanethem (Navi) Pillay on 7 December 2020 in Durban.