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| Christopher Keith Hall obituary | Christopher Keith Hall obituary |
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| Christopher Keith Hall, who has died aged 66 after suffering from cancer, was a leading light in the formation of the international criminal court (ICC). As senior legal adviser of Amnesty International, he headed its international justice project and was a co-founder of the coalition of non-governmental organisations (NGOs) behind the ICC. | Christopher Keith Hall, who has died aged 66 after suffering from cancer, was a leading light in the formation of the international criminal court (ICC). As senior legal adviser of Amnesty International, he headed its international justice project and was a co-founder of the coalition of non-governmental organisations (NGOs) behind the ICC. |
| The idea of such a court had lingered since the precedent of the international military tribunal in Nuremberg after the second world war. Then, in the 1990s, when the UN security council was unwilling to take strong action to prevent atrocities it set up two ad hoc courts – the international criminal tribunals for the former Yugoslavia and for Rwanda – to at least warn the perpetrators of war crimes that they could not count on impunity. This reinforced the idea of a standing criminal tribunal to deliver international justice. | The idea of such a court had lingered since the precedent of the international military tribunal in Nuremberg after the second world war. Then, in the 1990s, when the UN security council was unwilling to take strong action to prevent atrocities it set up two ad hoc courts – the international criminal tribunals for the former Yugoslavia and for Rwanda – to at least warn the perpetrators of war crimes that they could not count on impunity. This reinforced the idea of a standing criminal tribunal to deliver international justice. |
| Amnesty International, led by Christopher, immediately became involved in the diplomatic negotiations culminating in the 1998 Rome Conference that adopted the ICC statute. He worked to ensure that the court would not only materialise, but would have the powers needed for maximum possible effect. | Amnesty International, led by Christopher, immediately became involved in the diplomatic negotiations culminating in the 1998 Rome Conference that adopted the ICC statute. He worked to ensure that the court would not only materialise, but would have the powers needed for maximum possible effect. |
| For example, a key plank of the NGO coalition was that the court would have an independent prosecutor with powers to initiate investigation and prosecution of international crimes. A number of governments, including the that of the US under President Bill Clinton, were strongly opposed to such a role for the prosecutor, preferring to limit the court's role to consideration of crimes committed in situations referred by the security council and so subject to the veto of the five permanent members. | For example, a key plank of the NGO coalition was that the court would have an independent prosecutor with powers to initiate investigation and prosecution of international crimes. A number of governments, including the that of the US under President Bill Clinton, were strongly opposed to such a role for the prosecutor, preferring to limit the court's role to consideration of crimes committed in situations referred by the security council and so subject to the veto of the five permanent members. |
| I have little doubt that there would have been no independent prosecutor but for the lobbying work of the NGO coalition. Even those states most supportive of having an independent prosecutor – including the UK, with Robin Cook as foreign secretary – would have been unlikely to resist pressure to drop the idea. | I have little doubt that there would have been no independent prosecutor but for the lobbying work of the NGO coalition. Even those states most supportive of having an independent prosecutor – including the UK, with Robin Cook as foreign secretary – would have been unlikely to resist pressure to drop the idea. |
| Born in New York City, Christopher grew up there and in New Jersey. His father, Myron Hall, was a graphic designer, and his mother, Joan, an illustrator; they had met while on second world war service as photo reconnaissance officers stationed in Britain – at Medmenham, in Buckinghamshire. Christopher graduated two years early from high school. In 1972 he obtained his BA from Columbia University, New York, and later studied law at the prestigious University of Chicago Law School, graduating with a JD (juris doctor) degree in 1978. | Born in New York City, Christopher grew up there and in New Jersey. His father, Myron Hall, was a graphic designer, and his mother, Joan, an illustrator; they had met while on second world war service as photo reconnaissance officers stationed in Britain – at Medmenham, in Buckinghamshire. Christopher graduated two years early from high school. In 1972 he obtained his BA from Columbia University, New York, and later studied law at the prestigious University of Chicago Law School, graduating with a JD (juris doctor) degree in 1978. |
| He then spent four years at a top New York law firm, Fried, Frank, Harris, Shriver & Jacobson, focusing on pro bono work for Haitian and Cuban refugees. After practising and teaching law at the University of Miami for another two years, he returned to New York to serve as assistant attorney general of New York state, where he specialised in appeals, even litigating a case before the US supreme court. | He then spent four years at a top New York law firm, Fried, Frank, Harris, Shriver & Jacobson, focusing on pro bono work for Haitian and Cuban refugees. After practising and teaching law at the University of Miami for another two years, he returned to New York to serve as assistant attorney general of New York state, where he specialised in appeals, even litigating a case before the US supreme court. |
| In 1990, Christopher joined Amnesty International's legal and intergovernmental organisations office, of which I was then head. He published regularly in academic journals on issues of international criminal law and universal jurisdiction over human rights crimes. | In 1990, Christopher joined Amnesty International's legal and intergovernmental organisations office, of which I was then head. He published regularly in academic journals on issues of international criminal law and universal jurisdiction over human rights crimes. |
| The adoption of the Rome statute was just the beginning. It took till 2002 for it to come into force and the court to emerge, involving intense work on the quasi-legislative project of defining the elements of crimes that had been incorporated into the statute. There was also campaigning for ratification by as many states as possible, and ensuring that those states strengthened the internal legislation that would ensure their capacity to perform their duties. | The adoption of the Rome statute was just the beginning. It took till 2002 for it to come into force and the court to emerge, involving intense work on the quasi-legislative project of defining the elements of crimes that had been incorporated into the statute. There was also campaigning for ratification by as many states as possible, and ensuring that those states strengthened the internal legislation that would ensure their capacity to perform their duties. |
| Rightly, Christopher did not put all his hopes for international justice at the doors of the court. He knew that justice at a national level was the necessary counterpart to the court's jurisdiction: it was supposed to be only "complementary" to that of states. | Rightly, Christopher did not put all his hopes for international justice at the doors of the court. He knew that justice at a national level was the necessary counterpart to the court's jurisdiction: it was supposed to be only "complementary" to that of states. |
| Inevitably he was the spirit behind Amnesty International's role as an intervenor in the 1998-99 House of Lords cases that upheld the UK's detention of former Chilean dictator Augusto Pinochet with a view to his extradition to Spain for violations of the UN's 1984 Convention against Torture. This first exercise in what is known as universal jurisdiction led to a well-prepared campaign to ensure that states would have the necessary national legislation so they could themselves prosecute and punish cases of genocide, crimes against humanity and war crimes, wherever they may have been committed. All that would be necessary was the presence of the accused perpetrator on the territory of a state. | Inevitably he was the spirit behind Amnesty International's role as an intervenor in the 1998-99 House of Lords cases that upheld the UK's detention of former Chilean dictator Augusto Pinochet with a view to his extradition to Spain for violations of the UN's 1984 Convention against Torture. This first exercise in what is known as universal jurisdiction led to a well-prepared campaign to ensure that states would have the necessary national legislation so they could themselves prosecute and punish cases of genocide, crimes against humanity and war crimes, wherever they may have been committed. All that would be necessary was the presence of the accused perpetrator on the territory of a state. |
| In the event, the UK allowed Pinochet to return to Chile in 2000 after he was found medically unfit to stand trial. However, the precedent had been established. | |
| Like the former Yugoslavia tribunal, the ICC has its base in The Hague, in the Netherlands; unlike that and the Rwanda tribunal, it is intended to be a permanent body of last resort. Judges were appointed in 2003, pre-trial hearings began in 2006, and the sole conviction to date, of the Democratic Republic of Congo militia leader Thomas Lubanga, came in 2012. | Like the former Yugoslavia tribunal, the ICC has its base in The Hague, in the Netherlands; unlike that and the Rwanda tribunal, it is intended to be a permanent body of last resort. Judges were appointed in 2003, pre-trial hearings began in 2006, and the sole conviction to date, of the Democratic Republic of Congo militia leader Thomas Lubanga, came in 2012. |
| The other cases currently before the court also come from Africa. The highest profile defendant is the former president of the Ivory Coast Laurent Gbagbo. | The other cases currently before the court also come from Africa. The highest profile defendant is the former president of the Ivory Coast Laurent Gbagbo. |
| Christopher's colleagues found him kind, patient and constantly encouraging. He was a great mentor, with a wry, impish sense of humour. | Christopher's colleagues found him kind, patient and constantly encouraging. He was a great mentor, with a wry, impish sense of humour. |
| He is survived by his wife, Françoise, whom he married in 2003, and his daughters, Olivia and Catriona. | He is survived by his wife, Françoise, whom he married in 2003, and his daughters, Olivia and Catriona. |
| • Christopher Keith Hall, international human rights lawyer, born 16 September 1946; died 27 May 2013 | • Christopher Keith Hall, international human rights lawyer, born 16 September 1946; died 27 May 2013 |