10 Gonz. J. Int'l L. 33 (2006-2007)
Justice through Litigation: The Center for Justice and Accountability

handle is hein.journals/gjil10 and id is 33 raw text is: JUSTICE THROUGH LITIGATION: THE CENTER FOR JUSTICE AND
Matt Eisenbrandt *
Good morning. I'm going to talk about the legacy of Nuremberg as it
is being implemented here in the United States, in particular through the
work that I do for the Center of Justice and Accountability.
As Naomi mentioned, I think the key idea that came out of Nuremberg
is individual accountability and a part of that I think is the notion of what
we now call command responsibility - that the people at the top are as
responsible as those who actually carried out the crimes. I very much liked
the quote about these are not the people who have blood on their hands
because they won't do that. And that's what always happens. Those that
are the commanders at the top, in rare instances, do they have blood on their
hands, but their defense is always, 'I had nothing to do with it. These were
soldiers acting out on their own, this was not any sort of scheme that we
had. I didn't give any orders and I certainly didn't know anything about it.'
And so I think that's the other important step in addition to just individual
accountability, also command responsibility, this is the idea that came out of
Additionally, the idea of universal jurisdiction that David just
mentioned; I think this grew out of Nuremberg and the subsequent
important human rights advances after World War II        the Geneva
Conventions and the Genocide Convention. This idea that not only can
people be prosecuted anywhere that they're found, but they must be
prosecuted. The idea that a country where a particular human rights abuser
is found has to either extradite that person to a country that is going to
prosecute him or has to prosecute that person itself.
* Matt Eisenbrandt is the Litigation Director of the Center for Justice & Accountability in San
Francisco. CJA works to deter torture and other severe human rights abuses around the world
by helping survivors hold their persecutors accountable through civil suits in the United States
and criminal prosecutions abroad. Matt was CJA's lead counsel and a member of the trial
team in the successful trials of former Salvadoran commander Nicolas Carranza, Honduran
military intelligence chief Juan Lopez Grijalba, and Alvaro Saravia, one of the organizers of
the assassination of Salvadoran Archbishop Oscar Romero.

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