Maja Göpel, Version 3, 18.04.2008, Page 1/6
Minutes of the WFC strategy workshop Towards Future Justice: Developing Tools to
Promote and Defend the Rights of Future Generations, April 10-13 2008, Santa
Barbara, USA
Participants (dates in brackets if not present the full time):
Honorary Councillors: Hon. Arthur Robinson, Ernst-Ulrich von Weizsäcker
Councillors: Bianca Jagger (12th/13th), David Krieger, Judge C.G. Weeramantry, MarieClaire Cordonier Segger (11th/12th), Hans von Sponeck, Scilla Elworthy, Hans Peter Dürr,
Stephen Marglin (11th), Rama Mani,
Secretariat: Jakob von Uexküll, Herbert Girardet, Alexandra Wandel, Maja Göpel, Miguel
Mendonca
Allied Experts: Ole von Uexküll
Assistants: Neshan Gunaskera, Milo Wagner (12th/13th), Thomas Burnley, Kevin John
Chronological minutes – decisions in bold (table with action points by deadline at end)
Thursday, 10th of April
Fantastic opening with a casual dinner at Ernst Ulrich von Weizsäcker’s home
Friday 11th April
09:00 – 13:00 Public seminar at University of Santa Barbara
About 50 people in the audience and very good questions in the discussions
Panel 1: Justice for Future Generations
What principles of international law can defend the rights and needs of future
generations? How are these principles reflected in practice, today, and how can they be
strengthened and augmented?
David Krieger, Judge C.G. Weeramantry, Hon. Arthur Robinson, Marie-Claire Cordonier
Segger, Ernst-Ulrich von Weizsäcker (Bianca Jagger off program because of other
speaking commitment)
Panel 2: Paradigm Shift towards Just and Sustainable Societies
What systemic changes are needed to assure sustainability and security for future
generations? What can science, economics and international organization contribute to
a shift toward future justice?
Scilla Elworthy, Hans Peter Dürr, Stephen Marglin, Hans von Sponeck, Jakob von
Uexküll, Rama Mani
Part I of the WFC workshop at Upham Hotel: Setting the scene
15:00 - 18:30
Welcome by Judge Weeramantry with a summary of possible campaign elements and
goals: educational task, provide teeth for existing programs, seek for new coalitions
Presentation by Maja Göpel: The Future Justice Project – history & goals of the
workshop (presentation available, also as PDF)
Deviation from original agenda because discussions around the broader picture of
WHAT the WFC is aiming at, before discussion on HOW this can be achieved and
where this Expert Commission fits into it needed space.
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Decision to make this day the WHAT day to define the terms of reference => issues
discussed included (some details explained also on Sunday morning):
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The proposal of the EC to define 4 Expert Commissions on Climate (with
Agriculture, Cities, Oceans), Kids Call, Systems of Knowledge (with Sustainable
Economics and Science and Spirituality), Future Justice/Human Security
The 3-tier strategy where new topics with a few Councillors in support and no
funding are Tier 3 and can be dealt with in an article, a one-time press release or
statement; Tier 2 will involve research papers and possibly a first workshop; Tier
1 has broad Council support, funding secured and can become a global project
with separate website existence etc.
More clarification needed on how the work of the different commissions fits
together and how the process of decision-making on new topics evolves – Scilla
will provide a first diagram for that upon discussions with Miguel, Maja, Alexa
Interaction and collaboration with the many other groups that do associated work
– Decision that they can support WFC campaigns and should be informed
when we refer to their work and how they can become allies, but in the
defining phase and also in the commissioning of research papers direct
Council guidance is central = clear terms of references and contracts
needed
Insufficient funding available for 2009 and none for 2010 – Decision to give this
topic a separate slot in the AGM agenda
Question if the grouping of Human Security with its focus on Absence of Fear
and Absence of Need can be integrated with the very law/rules-based approach
of Future Justice so far - Decision on whether it is feasible and
recommendable to combine the work on laws/policies and crimes with the
Human Security topic postponed until Sunday.
Decision that the Management Team/Secretariat should draft a background paper.
The Chair and the rest of the EC will review and finalise the details of the report,
and Bianca Jagger as the Chair of the Council will present it at the 2008 AGM.
Saturday. 12th April 2008
Part II: Guiding Long-Term Justice
09:00 – 09:30 Presentation on existing Principles for Best Policies by Maja Göpel and
on their application to the German Renewable Energy Act (FIT law) by Miguel Mendonca
(CISDL background paper and presentation (in PDF) available)
09:30 – 10:45 Discussion/amendment of proposed WFC Future Justice criteria/
principles from the perspective of Future Justice and the Rights of Generations.
Core questions were for example:
Reflection of gender, countries in crisis, developing country perspectives?
How to take into account the differences between the country in which the law was
developed and the countries that may implement the law?
Can these rather special criteria capture the systematic exploitation of the Earth?
Can the principles also guide other people? Can it be used to amend existing policies?
Marie-Claire works the feedback in and circulates an updated version by 24 April
to Alexa for submission of decisions at AGM in May so that we have truly WFC
special criteria
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Part III: Denouncing Violations
11:30 – 12:00 Presentation on the criteria of Crimes against Future Generations by
Marie-Claire and their application to 4 hypothetical cases (CISDL short and long
background papers available)
12:00 – 13:00 Discussion/amendment of proposed WFC definition of Crimes against
Future Generations and discussion of possible application and difficulties.
Core questions were for example:
Does the rigid concept prevent us to engage in the broader discourse around Justice?
Do these small criminal acts (spilling oil) suffice to tackle big systemic mistakes in
conduct (ruining the climate)?
Does the law-based approach prevent us from acting on what becomes manifest
because we can only act on what is certain?
Do we not need much more preventive work? E.g. how can we unmask what is hidden
behind “collaterals” (Crimes against Humanity)? How can we change the perspective on
issues to a more moral one (raise consciousness and conscience of humankind)? Do we
not also need rules to govern behaviour of human beings to avoid crimes?
Defining a Crime against Future Generations already becomes a powerful tool for
public communication when we campaign on its implementation = it raises the
level of discourse to a more dramatic and moral level and shows how taboos need
legal frameworks.
Marie-Claire works the feedback in and circulates an updated version by 24 April
to Alexa for adoption by the Council and decision on campaign mandates
Part IV: Applying the Tools
14:00 – 18:00 Defining recommendations for WFC action - discussions
1. Denouncing Violations
 Defining & denouncing Crimes against the Future
 WFC Investigations/Tribunals
 Campaign to revise ICC Statutes
2. Guiding long-term justice
 Policies to Change the World, Futurepedia
 Identifying & denouncing worst policies
 Best Policy Awards
18:30 Beautiful public award dinner for Judge Weeramantry who received the Lifetime
Achievement Award of the Nuclear Age Peace Foundation with 80 other guests
Sunday, 13th of April
Brainstorming discussion and grouping of the Crimes according to gravity in their
potential to foreclose the future = hierarchy of the pressing issues:
Finite Acts (top priority):
Nuclear War, Climate Chaos, Ecosystems Destruction, Genocide
Macro Interventions:
Accelerated Soil Erosion, Chemical Pollution, Acts of Aggressive War
Systemic Processes:
Family / Community Destruction, Child Exploitation, Human Trafficking
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Open-ended Free Market: Fossil Fuel Economy and Agrofuels, Anonymous Capital
Movement, Patents on Life (Ownership of Nature), Nature as Property Right, Arms Trade,
(Enforced) Poverty, Resource Wars
Crimes against Women: Mass Rape as Weapon of War, Female Infanticide
Decision to have list of these Crimes reviewed by the Council and they should
inform the focus of WFC work on best/worst policy selection – questions to be
solved by the working group (Chairs): does this require a formal decision by the
Council? Can the expert commission cover this? Should this be integrated in the
work programme section crimes?
Part V: Next Steps
Next steps: from recommendations to action
 Identification of further research priorities
 Identification of partners and coalitions
 Funding possibilities
 To do’s for presentation at WFC AGM 2008
Summary of the discussions and project proposals by Maja Göpel
Everything is approached under the prism or perspective of Future Justice and the
Rights of Future Generations => 3 strands of work:
1. Policy/law work (best and worst policies);
2. Crimes work (as moral argumentation and on ICC revision);
3. Prevention work (on systemic taboos and moral consciousness of
humankind)
=> Work packages and timing of further steps in each strand:
Policy Work – task, timing and Councillor involved
1. Policy criteria development upon feedback and with input of full Council in May – May,
Marie-Claire
 Present the critera at the media conference on 22nd May 2008 as concrete result of
the AGM
 Develop people’s language and design for a brochure on the criteria as stand-alone
publication and tool for others to use in their policy monitoring – fall 2008, Hans,
Scilla, Maja
 Think of a public event where the criteria and brochure are presented to a peer-group
audience – fall 2008, Hans, Scilla, Maja
 Develop criteria for worst policies so that the best policy work can be mirrored with
rules that need to be abolished for positive change – not until fall, possibly 2009,
Marie-Claire, Miguel
2. Best policy work on a continual basis and in collaboration with the different Expert
Commissions
 Select 6-12 policies according to the recommendations of the Council on urgent
matters and create an annual publication from it – end of 2008, early 2009, research
department (Miguel, Herbie, Enesh) seeking input from expert commissions, Bianca
 Check if the best and worst policies can be mirrored, so that the most important
issues receive a “do!” and a “don’t” recommendation at the same time – late fall 2008,
Marie-Claire, Miguel, Herbie
 Create a yearly award for the best policy: working group needed to define title (Future
Justice Policy Award, Policy to Change the World Award…); timing (strategic
according to political processes or at a fixed date); location (traveling or fixed);
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selection process (4 short-listed for more attention?); presentation etc. – after
adoption by Council in May, Ole, David, Jakob, Maja (?), Alexa
Think about a format in which the results of the screenings (also from third parties)
can be presented best, so that the criteria can also be used to guide the amendment
of policies – Expanded policy action website on best policies (formerly called
“Futurepedia” but NOT with wiki-software) – not before 2009, Alexa
More concrete process proposal (cycle of effect diagram) on how selected policies
are worked down the Tier 1 work in campaigns – end of April, Scilla, Maja, Alexa
More concrete proposal on the selection process of the policies in reflection of
urgency (most pressing issues) and political agenda (calendar of events) – May,
Bianca, Marie-Claire, Herbie, Miguel
Crimes work – task, timing and Councillor, staff involved
1. Criteria finalization for a Crime against Future Generations – May, Marie-Claire with
feedback from full Council
2. Campaign on the amendment of the Statutes of the International Criminal Court to
insert Crimes against Future Generations under Crimes against Humanity
 Compile first rough campaign timeline and list of needed steps (possibly including a
bulletin) – May, Neshan, Maja
 Formulate communiqué for States that could be supportive – after Council decision in
May Neshan, Judge Weeramantry, Rama, Maja (?)
 Develop a list of NGO allies and a mobilization strategy – after Council decision in
May, Bianca, Judge Weeramantry, Neshan, Maja (?)
 Develop a process and strategy for the selection and communication of crimes to
raise awareness, also with the goal to detect conspiracies to commit a crime so that it
can be prevented – outline of paper on Nuclear War as prototype until May, David,
Maja
 Develop awareness for Rights of Future Generations by commenting and influencing
existing law suits from the Future Justice perspective – not before 2009
3. Think about further use of the concept of Crimes against Future Generations if ICC
campaign is unsuccessful – mid 2009
Prevention work – task, timing and Councillor, staff involved
1. Formulate Taboos & Indicators hinting where developments start that need to be
avoided - May, Hans Peter, Maja
2. Work FOR Future Justice and Human Security with public argumentation that includes
issues around psychological security, disarmament - research paper terms of references
until May, Hans; short note on psychological security end of April, Scilla
3. Discuss and think through a public education and demystification campaign on
who/what is tilting the level playing field right now and how – fall 2008, collaborate with
Systems of Knowledge Expert Commission, Hans Peter, Stephen Marglin, Judge
Weeramantry, Maja
4. Develop a rapid response mechanism for the Council so that it can engage in public
debates more quickly and rapidly to raise the conscience of humankind and establishes WFC
as ethical voice for Future Generations (Tier 3 enabling) – May, Alexa (Hans)
Maja will rework the outline of the Future Justice Commission upon all the
decision made in the workshop and will circulate again to the group and then full
Council on April 24th
Decision to keep the full Commission together for now and decide in 2009 if the
topics Future Justice and Human Security can be integrated
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Action points and time table of FJ workshop outcomes:
What
Revise and circulate Best Policy
Criteria
Revise and circulate Crimes
against Future Generations
Rework Outline of Expert
Commission
Send piece on psychological
Security
Provide first „Cycle of Effect“
diagram on processes
Prepare rough timeline for ICC
campaign
Prepare terms of references for
background papers on crimes
and their communaction
Prepare overview paper on
taboos and indicators
Prepare terms of references for
research paper on HS&FJ
Develop proposal for rapid
response mechanism
Develop media conference
materials for 22nd of May
Create a yearly award for best
policies
Prepare annual publication on
6-12 best policies
Development of a selection
process for policies (urgency &
political calendar)
Prepare coalition plan for ICC
campaign
Prepare communiqué for States
interested in ICC
Think through a public event
with peer groups to present
criteria tool
Develop Criteria for Worst
Policies
Conceptualize best and worst
policy relation
Develop and produce brochure
with people’s language to
present criteria as stand-alone
tool
Discuss and develop education
and demystification campaign in
prevention strand with Systems
of Knowledge
Develop online-format for
permanent work with criteria
Think about Crimes strategy after
ICC Stature revision
Who
Marie-Claire
When
By 24th of April
Marie-Claire
By 24th of April
Maja
By 24th of April
Scilla
End of April 2008
Scilla, Alexa, Maja
End of April 2008
Neshan, Judge, Maja
May 2nd 2008
David, Maja
May 2nd 2008
Hans Peter
May 2nd 2008
Hans
May 2nd 2008
Alexa
May 2nd
Alexa
May 21st 2008
Jakob, Ole, David, Maja
After May 2008
Research department, Bianca
After May 2008
Research department, Bianca,
Marie-Claire
After May 2008
Neshan, Judge, Bianca, Maja
After May 2008
Neshan, Judge, Rama, Maja
After May 2008
Hans, Scilla, Maja
Fall 2008
Marie-Claire
Fall 2008
Research department, MarieClaire
Hans, Scilla, Maja
Fall 2008
Hans, Stephen, Judge, Maja
Summer 2008
Alexa
2009
Neshan, Maja
mid 2009
Fall 2008
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