Novembe 9, 2012 er Prime Mi inister Yinglu Shinawa uck atra Governm House, Dusit, Bangko ment D ok Thailand Dear

Mad Prime Minister: dam M As experts on the Internati A ional Crimina Court, we write to urge the Royal T Governm al e Thai ment to accept the jurisdicti of the Int ion ternational Criminal Cour (ICC) ov crimes co C rt ver ommitted by Thai security forces against civilian dem f monstrators in Bangkok in the spring o 2010. By making a n of y Declaration under Art ticle 12.3 of the ICC Statu which ca be signed by the Foreig Minister, t ute, an gn Thailand can accept IC jurisdicti over the events of 201 on an ad h basis, without submit CC ion e 10 hoc tting to ICC ju urisdiction ov other even ver nts. There are two main reason to accept ICC jurisdicti over the k T ns ion killings of ap pproximately 90 y civilians, the woundin of thousan more, and the jailing o hundreds o civilian pr ng nds d of of rotesters in 2010. First is th demand of the victims for justice. There is stron evidence t this violence was pla he f T ng that anned and directed from the very top of the Thai gove t ernment and military at th time. Yet the long del he t layed Thai polic investigat ce tions are not likely to lead to prosecuti l d ions of the se enior governm and mil ment litary officials most respons m sible for these crimes agai humanity Only by y e inst y. your Governm ments accep pting the jurisd diction of the ICC over the crimes, are they likely to be broug to justice. ese a y ght Accepting ICC jurisdiction would not necessarily m A C n n mean that tria would tak place befor the als ke re ICC. If your Governm accepts ICC jurisdic y ment ction, the ICC Prosecutor will enter in a process of C nto dialogue to encourage Thai police, prosecutors and courts t pursue just in Thaila e s to tice and, before T Thai courts. Only if Thai authorities pr O a rove unwillin or unable t bring the p ng to perpetrators t justice, wo to ould the ICC step in. s The second re T eason to accep ICC jurisd pt diction is to e the recur end rrent pattern o military of massacres of civilians in Thailand. As you kno 2010 wa not the firs such event in recent s ow, as st decades. Only if impu unity for thes crimes is overcome, ca future crim be deterr se o an mes red. Accepti ing ICC jurisdiction could help to ensu a future in which secu d ure i urity forces a less tempt to violate the are ted e most fund damental righ of Thai ci hts ivilians. Opponents of ICC jurisdic O ction offer a series of inac s ccurate and m misleading ar rguments. W We respond to several of their main claims, as follo t t ows: First, acceptin ICC jurisd ng diction over th crimes of 2010 will no place the K he f ot King in legal jeopardy. There is no evidence of royal respon o f nsibility for th those crimes. There is no prospect o whatsoev that the IC would inv ver CC vestigate the King. The I ICC will focu instead on those senior us n r governme and milita officials who planned and directed the killings and other vi ent ary d d s iolence. Second, there is no need fo royal or pa or arliamentary approval of an ad hoc De eclaration of f acceptanc of ICC jur ce risdiction ove the 2010 crimes. Unde section 190 of the 2007 Thai er er 0 7

Constitution, royal an parliament nd tary approval is required f Thailand to enter into internationa l for o al B ration accepti ICC juris ing sdiction, unde Article 12.3 of the ICC Statute, is n a er C not treaties. But a Declar treaty. It is instead a unilateral, so u overeign act by Thailand. b Treaties, by de T efinition, are agreements between Tha e ailand and an nother party. In contrast, an Article 12 Declaration is not an agreement be 2.3 a etween Thail land and the ICC. An Ar rticle 12.3 Declaration becomes legally effective based so olely on unila ateral actions by your Gov s vernment signing an depositing it at the ICC It is thus not a treaty.1 Your Gove sign the nd g C. ernment can s Declaration with no need for royal or parliamentary approv n l val. Third, there is no need to delay making the Article 12.3 Declara T s d g ation in order to adopt r implemen nting legislat tion in Thaila and. Such leg gislation, if n needed at all, will not be n , needed for m many months or even years. It can wait. The Declar . . ration should be signed no d ow. nally, accepti ICC jurisdiction over the crimes o 2010 would not open th ing of d he Fourth and fin CC on nts p ier he .3 on door to IC jurisdictio over even that took place in earli years. Th Article 12. Declaratio should sp pecify that Th hailand accep ICC jurisd pts diction over c crimes again civilians th took plac nst hat ce beginning in 2010. Th legal resu would be that the ICC w g he ult t would have n jurisdictio over event no on ts that took place before 2010. u vernment to make the Ar rticle 12.3 De eclaration For all these reasons, we urge your Gov g ction over the crimes com mmitted again civilians b nst beginning in 2010. (For your n accepting ICC jurisdic convenien we enclo copies of our curricul nce, ose f lum vitae.) W thank you for your kin considera We u nd ation. Respectfully, R

Douglass Cass D sel Professor of Law L Notre Dame Law School N L United States of America U

G. J. Alexander Knoops G Professor of In nternational Criminal Law C w University of Utrecht U The Netherlan T nds

Cc: Deputy Prime Ministe and Foreig Minister C P er gn Encl.: curricu E ulum vitae of Professors Cassel and K f C Knoops

urtherco onfirmationthatArticle12.3isnotatreatyderiv vesfromitsorigiin.Itistheresid dueofaprovisio onincludedinth he 94DraftI ICCStatuteadop ptedbytheInter rnationalLawCo ommission,inw whichStateconse entwascontemplatedonacase eby casebasis.Thisunderlinesthenontreatyc characterofanA Article12.3decllaration.

RESUME DOUGLASS CASSEL Professor of Law 2142 Eck Hall of Law Notre Dame Law School Notre Dame, Indiana 46556 USA email: Doug.Cassel@nd.edu Faculty web page: http://law.nd.edu November 2012 Douglass Cassel is a scholar, attorney and commentator specializing in international human rights, international criminal and international humanitarian law. Former President of the Due Process of Law Foundation, and former President of the Board of the Justice Studies Center of the Americas, to which he was elected by the Organization of American States, he has been consultant on human rights to the United Nations, Organization of American States, United States Department of State and Department of Justice, and the Ford Foundation. He lectures worldwide and his articles are published internationally.

PRINCIPAL EMPLOYMENT: Professor of Law, Notre Dame Law School (2005 to date) and Notre Dame Presidential Fellow (2006 to date); Lilly Endowment Professor of Law (2005-06). Director, Center for Civil and Human Rights, Notre Dame Law School, and Director of LL.M in International Human Rights Law program (2005 to 2011). Clinical Professor, Director, and founder, Center for International Human Rights, Northwestern University School of Law (1998-2005). Prior academic appointments: Senior Lecturer (1998-2001) and Clinical Associate Professor (2001-03). Executive Director and co-founder, International Human Rights Law Institute, DePaul University College of Law (1990-98), and of its Jeanne and Joseph Sullivan Program for Human Rights in the Americas. Legal Adviser, United Nations Commission on the Truth for El Salvador (1992-93). Advised the Commission, supervised its investigations and was principal editor of its report.

OTHER ACADEMIC PROGRAMS: Oxford University, GW/Oxford, Annual Program in International Human Rights Law, New College, Oxford, England, Lecturer and Tutor, Fundamentals of International Human Rights Law, 2008, 20102012.

University of Alcal de Henares, Spain, Lecturer in Masters Degree in Protection of Human Rights, Faculty of Law, 2007-2012 . Catholic University of Leuven, Belgium: Summer Course on Human Rights, Instructor, 2001 to 2009, and Member, Organizing Committee, 2002 to 2009. American University, Washington College of Law, Academy on Human Rights and Humanitarian Law, Co-Instructor, International Justice for Human Rights Violations, in Specialized Summer Program, 2008 and 2009.

ILLUSTRATIVE OTHER ACTIVITIES: Justice Studies Center of the Americas, Santiago, Chile (Board of Directors, 2013-15; President, 200204, Vice President 2000-01, Board of Directors, 2000-06). Nominated by the United States and elected to the Board by the Organization of American States in 2000; re-nominated and reelected in 2003 and 2012. The Center promotes reforms and exchange of information on administration of justice in the hemisphere. Due Process of Law Foundation, Washington, D.C., President (2000-12), Board member (2012 to date). The Foundation promotes due process of law in the administration of justice in the hemisphere. Lawyers Committee for Civil Rights Under Law, Board of Directors (2003 to date), co-chair, International Committee (2003 to date), Board of Trustees (2001-03). American Society of International Law, Executive Council (2004 - 07).

EDUCATION: Harvard Law School, J.D. 1972 cum laude. Yale College, B.A. 1969 cum laude.

SCHOLARLY PUBLICATIONS: Of more than seventy published articles, the following are illustrative: Book Review: All the Missing Souls: A Personal History of the War Crimes Tribunals, by David Scheffer, forthcoming AMERICAN JOURNAL OF INTERNATIONAL LAW (January 2013). La responsabilidad penal de los superiores por los crmenes de guerra cometidos por sus subordinados: omisin y negligencia, L A A DECUACION DEL DERECHO PENAL NACIONAL A LOS TRATADOS DE DERECHO INTERNACIONAL HUMANITARIO , Memoria, Ciudad de Mxico, Reunin Regional, 7 al 8 de diciembre de 2004, pp. 146-52 (International Committee of the Red Cross, 2007).

Universal Criminal Jurisdiction, 31 HUMAN RIGHTS 22-25 (ABA periodical) (2004). Empowering United States Courts to Adjudge Crimes within the Jurisdiction of the International Criminal Court, 35 NEW ENGLAND LAW REVIEW 421-45 (2001). The International Criminal Court (panel), in American Bar Association, ABA Conference on The UN Declaration of Human Rights and the Genocide Convention 106-07 (2001). Truth, Justice and Reconciliation, and The UN Truth Commission for El Salvador, in Ghana Center for Democratic Development, International Conference on National Reconciliation: International Perspectives, (2001). The ICCs New Legal Landscape: The Need to Expand United States Domestic Jurisdiction to Prosecute Genocide, War Crimes and Crimes Against Humanity, 23 FORDHAM INTERNATIONAL LAW JOURNAL 378 (1999). The Pinochet Case: Expanding International Accountability, 1 NORTHWESTERN JOURNAL OF INTERNATIONAL AFFAIRS 35 (Vol. I, spring 1999). The Rome Treaty for an International Criminal Court: A Flawed But Essential First Step, VI BROWN JOURNAL OF WORLD AFFAIRS 41(Winter/Spring 1999). Book Review, Transitional Justice and the Rule of Law in New Democracies, 92 AMERICAN JOURNAL OF INTERNATIONAL LAW 607 (1998). Lessons from the Americas: Guidelines for International Response to Amnesties for Atrocities, 59 LAW [Duke University Law School] 197 (1996).

AND CONTEMPORARY PROBLEMS

Looking Straight Ahead: Amid 2 Hague Tribunals, Permanent Global Court of Crime Pondered by '98, FOREIGN SERVICE JOURNAL, Dec. 1996, at 28-33. War Crimes and Other Human Rights Abuses in the Former Yugoslavia, 16 WHITTIER LAW REVIEW 387 (1995) (panel).

Illustrative Commentaries: Libya and the ICC: Peace, Prevention and Justice, Chicago Public Radio, March 7, 2011. Fujimori Trial: Peru Setting Standards for Justice, MIAMI HERALD, July 25, 2008. Editorial: Saddam in the Dock: Who Will Judge Him?, THE CHRISTIAN CENTURY, Jan.6, 2004. Milosevic in the Dock: A Challenge for the International Tribunal, THE CHRISTIAN CENTURY, August 1522, 2001, pp. 6-7. Why We Need the International Criminal Court, THE CHRISTIAN CENTURY, May 12, 1999, 532.

The Pinochet Precedent, THE CHRISTIAN CENTURY, May 12, 1999, 535. Judgment at Nuremberg: A Half-Century Appraisal, THE CHRISTIAN CENTURY, December 6, 1995 at 1180-85.

ILLUSTRATIVE PRESENTATIONS:

International: Jurisdiccin Universal, Human Rights Masters Program, Universidad Alcal de Henares, Spain, November 2009. Closing Address, Ten Years After Rome: An Assessment of the International Criminal Court; Achievements and Challenges, and Address, Prospects for the First Review Conference of the Rome Statute of the ICC, in International Seminar, Hacia la Primera Conferencia de Revisin del Estatuto de Roma de la Corte Penal Internacional, sponsored by the Instituto de Democracia y Derechos Humanos de la Pontificia Universidad Catlica del Per, the International Committee of the Red Cross, and the Foreign Ministry of Per, Lima, Per, February 2009. La Responsabilidad Superior en el Derecho Internacional Penal, Instituto de Defensa Legal, Lima, Per, June 2008. Testimony on whether the Indonesian Truth Commission Law Meets International Law Standards, Constitutional Court of Indonesia, Jakarta, Indonesia, July 2006. Crimes Against Humanity, in Seminar for Prosecutors in the Divisions of Human Rights and Justice and Peace in the Office of the Chief Prosecutor of Colombia, Bogota, Colombia, November 2005. An International Law Perspective on the Law of Justice and Peace, in Seminario Serie Houston: Democracia, Imperio de la Ley y Paz en Colombia, Medelln, Colombia, September 2005. The International Criminal Court and The Congo (panel), 14th World Congress of Criminology, sponsored by the International Society of Criminology, Philadelphia, Pennsylvania, August 2005. Criminal responsibility of superiors for war crimes perpetrated by subordinates: failure to act and negligence, in Regional Meeting on Adjusting National Criminal Law to International Humanitarian Law Treaties, sponsored by the International Committee of the Red Cross, in cooperation with the Organization of American States and the Ministry of Foreign Affairs of Mexico, Mexico City, December 2004. Are International Criminal Tribunals Useful? An Assessment of the Record of the Yugoslavia and Rwanda Tribunals, in Third Transatlantic Conference, International Criminal Justice: A Transatlantic Dialogue, co-sponsored by Northwestern University and Catholic University of Leuven law schools, Brussels, May 2004.

Jurisdiccin Universal, International Congress of Comparative Legal Cultures and Systems, Instituto de Investigaciones Jurdicas, National University of Mexico, Mexico City, February 2004. Conferencia Magistral (Principal Address), La Procuracin de Justicia en el Siglo XXI: Una Perspectiva Internacional, (Prosecution and Justice in the Twenty First Century:An International Perspective), in International Seminar, Retos y Perspectivas de la Procuracin de Justicia (Challenges and Prospects for Prosecution and Justice), Instituto de Investigaciones Jurdicas, Universidad Nacional Autnoma de Mxico, Mexico City, May 2003. Standards of Accountability for Gross Violations of Human Rights in the 21st Century, International Center for Transitional Justice, Workshop on Peace Processes and Transitional Justice, Bogota, Colombia, November 2001. La Impunidad y los Derechos Humanos, Universidad Centroamericana, San Salvador, El Salvador, November 2001. The International Criminal Court and Justice, Lectures sponsored by the Defensor del Pueblo, Lima and Piura, Per, December 2000. Options for International Justice, lecture to Joint Programme in International Human Rights Law of University of Oxford and George Washington University, New College, Oxford, England, August 2000. Trigger Mechanisms and the Role of the Security Council, (panel presentation) at Latin American/Caribbean Workshop on Mechanisms for the Development of International Criminal Justice, Trinidad, May 1998. Issues of Substantive and Procedural International Criminal Law, (panel) at Hemispheric Conference on the Proposed International Criminal Court, sponsored by the Inter-American Institute of Human Rights and the Human Rights Ombudsman of Guatemala, Guatemala, March 1998. The Substantive Jurisdiction of the International Criminal Tribunal for the Former Yugoslavia, lectures to lawyers interning in the office of the prosecutor, International Criminal Tribunal, The Hague, The Netherlands, July 1997, May 1996 and June 1995. Domestic: Complementarity and the International Criminal Court, in Battle to Justice: International Law vs. National Sovereignty, panel discussion sponsored by the International Human Rights Society, Notre Dame Law School, April 2010. Intersections of International Humanitarian Law with International Human Rights and International Criminal Law, in Teaching International Human Rights Law Institute, co-sponsored by International Committee of the Red Cross and Washington College of Law, American University, Washington, D.C., June 2008. The Duty to Prosecute and Punish and the Interaction Between Human Rights and Humanitarian Law (panelist), Washington College of Law, American University, Washington, D.C., May 2008.
5

The International Criminal Court and the Situations in Uganda, Darfur and Congo (panelist), Midwest Regional Conference on International Justice, DePaul University College of Law, April 2008. International Criminal Court: Justice for the Worlds Worst Criminals, Fortnightly Club of Chicago, Feb. 2007. Prosecuting the Worlds Worst War Criminals: From Sierra Leone to The Hague, Panel presentation sponsored by Section on Individual Rights and Responsibilities, American Bar Association Annual Meeting, Honolulu, Hawaii, August 2006. The Relationship between Human Rights and Humanitarian Law and its Impact on the Promotion of International Criminal Justice (panel), in conference on International Criminal Tribunals in the 21st Century, celebrating the 10th anniversary of the War Crimes Research Office, Washington College of Law, American University, Washington, D.C., September 2005. The International Criminal Court and Justice for Victims of Atrocities in Darfur, Keynote Address, Model United Nations of the University of Chicago, Chicago, February 2005. Universal Criminal Jurisdiction (panel), International Law Association, American Branch, International Law Weekend, New York, New York, October 2003. International Criminal Court: Shield Against Impunity?, International Law Society, University of Chicago Law School, Chicago, January 2003. Universal Criminal Jurisdiction Over Human Rights Violations, Amnesty International Legal Support Network national Meeting, Carter Center, Atlanta, September 2002. Due Process, The International Criminal Court and U.S. Military Tribunals, Public Affairs Roundtable, Chicago, May 2002. The International Criminal Court: Bringing War Criminals to Justice, Northwestern University Alumnae, Northwestern Day, Evanston, Illinois, October 2001. The International Criminal Court: Prospects and Pitfalls, Chicago Council of Lawyers, Chicago, February 2001. International Justice: The Expanding Menu of Options, Chicago Bar Association, International Law Committee, June 2000, and Public Interest Roundtable, Chicago, May 2000. The United Nations and the International Criminal Court, Illinois Institute of Technology Chicago-Kent College of Law, March 2000. The International Criminal Court: Why Europes Right and Washington is Wrong, International Law Society, University of Chicago Law School, March 1999. The International Criminal Court: Safeguards for United States Participation, panel presentation, ABA Section on Administrative Law, Washington, D.C., October 1998.
6

Rapporteur and presenter, panel on the International Criminal Court, American Bar Association Conference on 50th Anniversary of the Genocide Convention, United Nations, New York, March 1998. The International Criminal Tribunal for the Former Yugoslavia: A Prosecution Perspective, joint program of the Chicago Council on Foreign Relations and the International Human Rights Law Institute, November 1997. The United Nations and International Criminal Justice, United Nations Association, Grand Rapids, Michigan, October 1997.

OTHER EXPERT MEETINGS AND CONFERENCES: Justice in Context: Transitional Justice and Paradigms of State and Conflict, International Center for Transitional Justice, New York, December 2011. Chair, Meeting of Experts on the International Criminal Court, Duke University School of Law, November 1999. Chair, Consultation Meeting on International Criminal Justice, National Interest Project, Lawyers Committee for Human Rights, Washington, D.C., November 1999.

AWARDS: Elmer Gertz Award, Illinois State Bar Association, 2008. Dominican University, Illinois, 2005 Bradford ONeill Medallion, awarded to an individual whose life, work and voice have contributed to the creation of a more just and human world. Chicago Bar Association and Chicago Bar Foundation, Leonard Jay Schrager Award of Excellence, 2004. North Suburban Peace Initiative, Peace Award, 2003. Distinguished Member Award, National Society of Collegiate Scholars, Northwestern University Chapter, 2000. Community Peacemaker Award for Law, The Peace Museum, Chicago, 1998. 1997 Peter Lisagor Award for Exemplary Journalism, Society of Professional Journalists, Chicago chapter (The Chicago Headline Club), for broadcast commentary. Peace Award, Coalition for Peace in Guatemala, 1996. Human Rights Award, Foundation for Human Rights and the Latino Cultural Center of the University of Illinois Chicago, 1996. Honorary Member, Asociacin Iberoamericana de Derecho Penal, 1995.
7

Public Interest Law Initiative, Chicago, Citation for Public Service, 1994. Casa Guatemala Award for Human Rights Work for Guatemala, Chicago, 1994. Centro Romero Award for Human Rights Work for El Salvador, Chicago, 1993.

LISTINGS: Whos Who in the World Whos Who in American Law Whos Who in America Whos Who in the Midwest

Biography ___________________________________________________________________________

Geert-Jan Alexander Knoops (b.1960) is a Professor of international criminal law at Utrecht University. He holds two PhD degrees one on criminal law and one on international criminal law (University Leiden and University Ireland) as well as a LLM degree on public international law and international criminal law (University Leiden). Prof. Knoops practises international criminal law at the law firm Knoops advocaten in Amsterdam. He appears as defence counsel before several international courts such as the European Court of Human Rights (ECHR) in Strasbourg, the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Tribunal of the former Yugoslavia (ICTY) and the Special Court for Sierra Leone (SCSL). Currently he is acting lead counsel before the ICTY and ICTR. Knoops is also admitted as defence counsel to the bar of the International Criminal Court (ICC) at the Hague. In October 2005 he was appointed as expert consultant in Hamdan v. Rumsfeld (Military Commissions/Guantanamo Bay) which case led to the landmark U.S. Supreme Court judgement in June 2006. He is also an Advisory consultant at Sunsglow New York (as of 2006), a U.S. based international organisation and think tank on the development of the rule of law in international affairs, and a member of the Sierra Leone Institute of International Law. In 2012 prof. Knoops is appointed member of the Board of Supervisors of the National Registry of Expert Witnesses.

Professor Knoops holds the rank of Lieutenant Colonel (reserve) in the Royal Dutch Marines Corps and is appointed as defence counsel before the (mobile) military court. In his capacity as international criminal law expert, professor Knoops has appeared as an expert witness before the Dutch Parliamentary Commission on the ISAF mission (Uruzgan, Afghanistan) in January 2006 as well as December 2007, and before the Parliamentary Commission on Combating Piracy in 2009 and 2011.

On 29 April 2009 professor Knoops was knighted as an Officer in the Order of Orange-Nassau by Queen Beatrix of the Netherlands for his legal-political services to the country and elected as best lawyer of the Netherlands in 2000-2002 and 2010. He also received the Amsterdam Bar Association Award in 2006.

Professor Knoops academic books include, inter alia,

Defenses in Contemporary International

Criminal Law, 2nd ed. (2008), Surrendering to International Criminal Courts: Contemporary Practice and Procedure (2002), An Introduction to the Law of International Criminal Tribunals: A Comparative Study (2003), Theory and Practice of International and Internationalized Criminal Proceedings (2005), Redressing Miscarriages of Justice: Practice and Procedures in (inter)national Criminal Cases (2006).

His popular science books include: Blufpoker: de duistere wereld van het international recht (Blufpoker: the dark side of international law) (2011) and Amerika versus Bin Laden (United States v. Bin Laden) (2011).

His legal thrillers include: Het Tweede Schot, het ware verhaal van Eric O. (second shot, the true story of Eric O.) (2008), Advocaat van de Vijand (Lawyer of the Enemy) (2009), Advocaat van de President (Lawyer of the President) (2010), Het Petronius Mysterie (the Mystery of Petronius) (2012).