The Rule of Law is More Powerful than the Rule of the Gun
By David M . Crane
In July of 1981 , I was sworn into the North Dakota Bar in the August chambers of the Supreme Court of the State of North Dakota . I was 30 years old , a bit older than those around me , but just as eager and excited to begin my career as an attorney and counselor at law .
I was heading to Fort Bragg , N . C ., after the Basic Course at the Judge Advocate General ’ s School in Charlottesville , Va . My life as a public servant would begin there as a judge advocate with the famed 82nd Airborne Division . Little would I know then , looking back , that this path would lead me away from North Dakota for over four decades .
As a lawyer in the federal government and eventually as a United Nations undersecretary general and founding chief prosecutor of the International War Crimes Tribunal in West Africa , called the Special Court for Sierra Leone , I saw how powerful the law is , its ability to shape policy , bring justice , and stabilize a chaotic world during the Cold War through to today ’ s uncertain times .
Since I flew away from Bismarck in 1981 , I have been a paratrooper , special operations officer , general counsel , inspector general , and international diplomat . I have been in harm ’ s way more times than I can count , defending the United States and assisting the United Nations . It ’ s not been a boring practice of law to be sure .
Having just received my 40-year pin from the State Bar Association of North Dakota , it ’ s been a time of reflection of looking back on my life in the law . Though I won ’ t bore you with details , a few certainties in law need to be noted . These are : the law is fair , no one is above the law , and the rule of law is more powerful than the rule of the gun . This may seem trite , but these are critical constants in my practice .
David M . Crane is the first American to be the Chief Prosecutor of an international war crimes tribunal since Robert H . Jackson at Nuremberg . He is one of the founders of modern international criminal law and national security law .
The rule of law is fair . This truism sometimes gets a close scrutiny to be sure , yet , in general , the law and the legal profession continue to try and hold fast to the concept of fairness . Equal justice under law is a hallmark for the United States and is a constant loadstar for us all as lawyers to strive to achieve .
No one is above the law . If there ever was a bright red thread to our republic , this is it . If there is a perception that this is a falsity , our system of government will falter . Though challenged recently by those who consider the law an impediment to their actions at the national level , this cornerstone remains solid .
The rule of law is more powerful than the rule of the gun . Though not apparent within the United States , in many parts of the world , the gun is the law , and many are governed by those who use the gun to remain in power . While traveling through West Africa , talking to my client as chief prosecutor of the Special Court for Sierra Leone , I met in various town hall meetings with people who were skeptical about the power and importance of the law , and talked to them about a return to the rule of law . I told them , “ Don ’ t believe what I say , believe in what I do .” Using the law , at the stroke of my pen on the indictment of the most powerful warlord in Africa , President Charles Taylor of Liberia , I took him down and he is now serving the rest of life in a maximum-security prison in the United Kingdom . The people of Sierra Leone certainly believe now .
In my legal career , I have been in national security situations where the life and soul of the nation is at risk . Yet I have come to discover that during these times of strife , holding the Constitution of the United States close to one ’ s heart is the one true way the republic is saved . That document is the gyroscope that centers America . I continue to believe this and offer this as a model that we all should hold to now and forever . If we step away from government by the people , for the people , and of the people , America no longer exists .
I had the privilege to reflect on a 40-year career as a North Dakota attorney this past September at the University of North Dakota School of Law . I mentioned much of the point in this article to them , encouraging them to go boldly out into the world with their legal education and their North Dakota law license , and make it a better place . I tried , in my life , to do so and continue to do so , as I enter my fifth decade of practice with the North Dakota bar .
FALL 2021 17