Devi Rajab
Durban - AT the height of the coronavirus pandemic, few South Africans were aware of the honour that was bestowed on their fellow compatriot Judge Dr Navi Pillay at a Durban hotel recently when the German Federal President bestowed the Commander’s Cross of the Federal Order of Merit on her.
Under normal circumstances there would have been hundreds of dignitaries present to witness this moment at the German Embassy in Cape Town. Instead it was a quiet and dignified affair amidst some 25 guests (of which I was fortunately one).
Speaking at the awards evening, Dr Martin Schafer, the German Ambassador, said that he had come to Durban upon the mandate of the German Federal President Frank-Walter Steinmeier to recognise and to pay respect and gratitude “to one of the most exceptional experts and influential actors in the realm of international criminal law and human rights in the world”.
This Order is one of the highest distinctions of the Federal Republic of Germany. Both South Africa and Germany share the view that international criminal justice is of utmost importance for the international community, as it is an indispensable supporting pillar of our human rights and justice. The award was given in recognition of Pillay’s lifelong commitment to the development and enforcement of human rights and international criminal law.
Growing up as a young criminal defence lawyer at a time when so called non-white women were at the bottom of the pile professionally speaking, Pillay stood out as a bright star, defying all barriers. In doing so, she forged a path of resistance against an unjust regime. Making several trips to Robben Island in choppy seas, she untiringly defended activists who were being politically persecuted and tortured and whose rights were being withheld.
After Nelson Mandela was elected president of South Africa in 1994, Pillay became the first black female justice to be appointed to the South African Supreme Court of Appeals. It is ironic that as a non-white lawyer under the apartheid regime, she was not allowed to enter a judge’s chambers. Her tenure on the court was short. However, as she was soon elected by the United Nations General Assembly to serve as a judge at the International Criminal Tribunal for Rwanda.
She served on the tribunal for eight years, including four years as president. She was the only female judge for the first four years of the tribunal. Her tenure on the ICTR is perhaps best remembered for her role in the landmark trial of Jean-Paul Akayesu, which established that rape and sexual assault could constitute acts of genocide.
Pillay said in an interview: “From time immemorial, rape has been regarded as the spoils of war .Now it will be considered a war crime. We want to send out a strong signal that rape is no longer a trophy of war.”
In February 2003, she was elected to the first ever panel of judges of the International Criminal Court and assigned to the Appeals Division. She was elected to a six-year term, but resigned in August 2008 in order to take up her position with the UN.
In bestowing this award on Pillay, the German government and its people are grateful for the role that she has played in her engagement with the International Nuremberg Principles Academy in Germany. In 2015 she supported the opening of the academy and sat on its Advisory Council and is currently serving as its president.
They are grateful for her extensive expertise in strengthening the academy’s ability to train and educate practitioners and scholars as well as to offer consultancy in the light of challenges related to international crimes. Her work has not only brought pride to us all as South Africans but she has extended her outreach to the international community.
Indeed human rights issues extend beyond boundaries and Pillay has recognised that her work has limitless boundaries. As a proud citizen of South Africa she is also a true citizen of the world. Her motto: “You can have no lasting peace unless you have justice.”
