Wisconsin connects

Wisconsin group attends international law seminar at the Hague

By Judge Andrew P. Bissonnette, Dodge County Circuit Court

In September, Wisconsin Supreme Court Justice N. Patrick Crooks, six circuit court judges and Atty. Carmel Capati, director of interpretation services for the Wisconsin court system, attended the fifth Sir Richard May Seminar on International Law and International Courts in The Hague, Netherlands. 

Circuit court judges making the trip included Andrew P. Bissonnette, Dodge County; William W. Brash III, Milwaukee County; Jean W. DiMotto, Milwaukee County;   Paul R. Van Grunsven, Milwaukee County; Donald R. Zuidmulder, Brown County; and Reserve Judge Diane M. Nicks. In all, 25 judges from the United States and four from Argentina attended the annual program, which is sponsored by the International Judicial Academy. The Wisconsin judiciary has consistently been represented in this program. 

The Wisconsin contingent celebrates their graduation from the fifth Sir Richard May International Law Seminar at The Hague. Among judges pictured: Justice N. Patrick Crooks; Reserve Judge Diane M. Nicks; and Circuit Court Judges Paul R. VanGrunsven, Milwaukee County; Jean W. DiMotto, Milwaukee County; William W. Brash III, Milwaukee County; Andrew P. Bissonnette, Dodge County; and Donald R. Zuidmulder, Brown County.

The seminar was organized by Dr. James Apple, president of the International Judicial Academy. The attendees heard him and a number of other presenters speak at The Hague Campus of Leiden University.  In addition, the group traveled to various locations within The Hague to hear speakers from such organizations as the Organization for the Prohibition of Chemical Weapons, the Iran-U.S. Claims Tribunal, the Permanent Court of Arbitration, the International Criminal Court and the Hague Conference on Private International Law. 

The Peace Palace was built in The Hague in 1913 and houses both the Permanent Court of Arbitration as well as the International Court of Justice, more commonly referred to as the World Court. The group visited the Peace Palace on two separate occasions and was extremely impressed by the architectural beauty as well as the important work going on inside.  The group observed a trial in action at the International Court of Justice involving Argentina and Uruguay.  Argentina is claiming that pulp mills in Uruguay are polluting the Uruguay River along their common border. The trial was being conducted at the Peace Palace in an impressive, high-ceilinged, chandeliered room with beautiful stained glass windows on three sides.  Fifteen international judges were seated on a dais hearing the case. Despite the spectacular setting, the particular proceeding was quite dry.  

Of more interest was observation of the direct examination of Charles Taylor (the former President of Liberia) in the Special Court for Sierra Leone.  The case against Charles Taylor was initiated with an indictment in March of 2003 and is still in progress. The 11 counts against Taylor include acts of terrorism, murder, sexual slavery, outrageous acts upon personal dignity, inhumane acts, conscripting children under the age of 15 to participate in hostilities, enslavement and pillaging. The prosecution presented 91 witnesses between January 2008 and January 2009.  The Tribunal denied the defense motion for acquittal in May 2009, and the defense began its case in chief mid-July 2009.  The spectators' gallery is separated from the courtroom by bulletproof glass.  Taylor sat with back nearly up against the glass partition and members of our group sat within 10 to 15 feet of him as he testified.

The group also heard presentations from judges, prosecutors and defense attorneys from the various international courts and tribunals, including U.S Judge Thomas Buergenthal, who is one of the 15 judges sitting on the International Court of Justice.  They discussed the unique challenges facing the international courts, including witness protection and relocation, the great time and distances separating the courts from the events being tried, the need to have the proceeding translated into at least three different languages (English, French and the native tongue of the witness), and the blending of legal systems from around the world.  The group heard how the United States' and England's common law system dominated the initial organization of the courts and establishment of the rules of procedure and evidence.  Over time, however, the courts have adopted more of the civil law system in order to move the cases along.  Even with that, some of these cases literally take years to complete.

DiMotto said she was fascinated to learn the different perspectives of various regions of the world on such things as civil and criminal procedure and sentencing. 

"I was very impressed by the passion for justice and world service of the judges, prosecutors, defense attorneys, and other supporting personnel in the various international courts."

The program helped to develop some different and valuable perspectives on both the need for, and the delivery of, justice in very trying situations. It also allowed participants to rekindle friendships with colleagues from Wisconsin, and to make new judge friends from across the country.  

Wisconsin judges interested in participating in future years, should the program be offered again, should contact this year's attendees.

Back to The Third Branch current issue

Back to top

Back to The Third Branch current issue