Rosenbaum, Eli M.

English

Case Western Reserve University School of Law

Case Western Reserve Law ReviewVolume 60 | Issue 32010Remarks at the Memorial Program for ProfessorHenry T. King, Jr.Eli M. RosenbaumFollow this and additional works at: https://scholarlycommons.law.case.edu/caselrevPart of the Law CommonsThis Tribute is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons.It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School ofLaw Scholarly Commons.Recommended CitationEli M. Rosenbaum, Remarks at the Memorial Program for Professor Henry T. King, Jr., 60 Case W. Res. L. Rev. 617 (2010)Available at: https://scholarlycommons.law.case.edu/caselrev/vol60/iss3/11REMARKS AT THE MEMORIALPROGRAM FOR PROFESSOR HENRY T.KING, JR.Eli M. Rosenbaum, United States Department of JusticeThank you, Michael [ScharfJ, Dean Rawson, Suzanne [KingWagner], Dave [King].For many years now, one of the very first things that Isee each morning when I arrive for work at the United StatesDepartment of Justice is an 8-by-10-inch black-and-white photo of anot-quite-28-year-old Henry King seated at counsel table, next toBrigadier General Telford Taylor, on April 16, 1947, as the judgmentconvicting Field Marshal Erhard Milch of war crimes and crimesagainst humanity is about to be announced by a U.S. military tribunalin Nuremberg, Germany. That framed photograph occupies a place ofhonor on the wall of my office at the Criminal Division's Office ofSpecial Investigations. Framed right next to it is a second 8x10 inchprint-this one a color photo, showing Professor Henry King, by then89 years of age, chatting with me in Chautauqua, New York, during abreak between sessions at last year's International Humanitarian LawDialogs, sponsored annually by the Robert H. Jackson Center and theFrederick Cox Center of the Case Western Reserve Law School,among others.The sight of those two wonderful photographs provides me withenormous inspiration, literally on a daily basis, as my colleagues and Icontinue to work to secure a measure of justice on behalf of thevictims of Nazi crimes against humanity and victims of more recentatrocities, from Rwanda to Bosnia, and beyond. As it was for HenryKing and his colleagues at Nuremberg sixty-plus years ago, thework is extremely difficult, both technically, one might say, andemotionally. And just as it was for Henry King and his fellow"Nurembergers," the work requires determination, indeed almost617CASE WESTERN RESERVE LAW REVIEWsuperhuman perseverance. That last requirement was perhaps mostnotably demonstrated here in Cleveland, in OSI's decade-long effort,concluded just this past May, to remove former Nazi death campguard John Demjanjuk from the United States. However, theperseverance and tenacity that the women and men of OSI brought tothat case was dwarfed by that which Henry King and his Nurembergcolleagues brought, for more than half a century, to the battle torealize their dream of achieving the establishment of a successor courtto the International Military Tribunal-a permanent internationalcriminal court. Henry never gave up when fighting for a noble cause,even one that, like the ICC battle, must have seemed as though it hadlaunched him on a nearly hopeless quest, decade after long andfruitless decade. And if continuing the struggle required that Henryget on a plane, say in his ninth decade of life, and fly all the way to,say, Rome, Italy, to apply his great moral authority and prodigiousintellectual and persuasive gifts in person, well, so be it: That'sprecisely what he did.Never give up. That was the message that Henry Kingcommunicated whenever we met. He understood, from personalexperience, the challenges and frustrations inherent in human rightslaw enforcement work, and he never failed to inquire about the statusof the Demjanjuk case and our other prosecutions. He cared-deeply-about the cases, and especially about the victims. Throughhis words and through the example of his amazing life, Henryalways succeeded in bolstering my spirits and in recharging myprosecutorial batteries. In my professional life, there surely couldbe nothing better than receiving an "Attaboy" from Henry King.How I will miss those warm expressions of encouragement!Henry King's many extraordinary contributions to internationalcriminal law, during and after Nuremberg, and his passionate andtireless dedication to the pursuit of justice on behalf of the victims ofcrimes against humanity made him, without doubt, a pioneering andtowering figure in the history of the worldwide human rightsmovement. He inspired so many people. I recall being present whenHenry spoke in this very room two years ago during a superbsymposium that Michael Scharf put on. There were more than a fewof us with tears in our eyes. But the fellow sitting next to me-anLLM student from Africa-was so moved that he was weeping, and Iquickly assured him that I knew exactly how he felt.I think that it is important to note that Henry King's stellar serviceat Nuremberg, both at the first trial, at which he assisted JusticeRobert Jackson in proceedings before the IMT, and then in the618 [Vol. 60:3HENRY T. KING, JR.subsequent proceedings before U.S. military tribunals, and still laterin his work on the Marshall Plan-all of that work was performed asa federal public servant, that is, as an employee of the United Statesgovernment. To those of us in federal service today who pursuejustice on behalf of the victims of human rights violations, HenryKing is a magnificent role model. His accomplishments remind us ofa time of far greater confidence in public service-and in publicservants-as a force for improving the world. That confidencewas instilled in Henry from the time of his youth, in Meriden,Connecticut, where he learned from the example of anotherdistinguished public servant-his father, who was the mayor of thecity. Henry's dad, who was famous for rebuffing, fully three times,City Council attempts to increase his salary, said to young Henry thatone should "tithe for society," and that there are "too many takers andnot enough givers." Henry King followed his father's injunctionthroughout his life. In Henry's moving words: "It gives your lifemeaning if you've done something for the society you live in-notonly for the present generation, but for future generations."In a commencement address delivered last year, then-SenatorBarack Obama encouraged his audience to enter public service. "At atime of so much cynicism and so much doubt," he declared, "we needyou to make us believe again." Friends, Henry King was a member ofthat fabled "Greatest Generation" whose myriad good works in publicservice surely made us believe again. Accordingly, it is especially onbehalf of Henry's countless admirers throughout today's legion offederal public servants, and particularly on behalf of my colleagues atthe Department of Justice, that I wish to extend heartfelt condolencesto Henry's loving family. More than that, I want to express abidinggratitude for Henry King's exemplary and remarkable service tohumanity. If, as Michael said last week at this year's humanitarianlaw conference at Chautauqua, the age of impunity for internationalcriminals has at last been replaced by an era of accountability, thathistoric result owes in no small part to this gentle but persistent manwho battled indefatigably-and against very long odds-for a worldin which, as he liked to put it, the law of force would be replaced bythe force of law.Henry King never gave up. And for that, humankind, andespecially imperiled peoples the world over, must be profoundly andeverlastingly grateful. His example will continue to inspire us.Godspeed, Henry.6192010]1I

Remarks at the Memorial Program for Professor Henry T. King, Jr.

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Remarks at the Memorial Program for Professor Henry T. King, Jr.

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