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Morally Most Wanted
Christopher Hitchens, no stranger to contrarian positions, once wrote a remarkable polemic called ‘The Trial of Henry Kissinger’ impugning Kissinger for being as guilty as any common war criminal of crimes against humanity. In evidence Hitchens proffered his inculpation in the murder of democratically-elected Chilean president Salvador Allende. After General Pinochet assumed power Kissinger told Richard Nixon that the US “didn’t do it”, but “we helped them…created the conditions as great as possible”. Hitchens also marshalled in evidence Kissinger’s sponsoring of the carpet-bombing of Cambodia, and his and Gerald Ford’s oblique tolerance, and perhaps approval, of genocide in Indonesia. At the time the book had an incendiary effect but the allegations were not immediately directed into concrete legal action. Ultimately of course Kissinger had to leave France with unseemly haste with an arrest warrant pending and return to the safe refuge of the US where he thrives as a nonagenarian staple of talk shows, the idol of Fox News and a totemic visionary of Realpolitik. Such is the shadow existence of a once lethal global potentate. But Kissinger is old news, disempowered, with the historic crimes fading over time and mercifully, absent a call from Trump, out of harm’s way. Though you never know, such is the plausibility in our unethical world of the king of statecraft. Realpolitik has moved on from such crude seventies tactics as murdering a head of state to simply disemboweling him metaphorically – as with Tsipras – with the panoply of capitalism. Moreover we have, some of us, moved on to business-craft. From the modernist, almost industrial complex of building that is UCD stands out a splendid new addition, the Sutherland school of law, a sleek new premises which “incorporates teaching and learning facilities which are purpose built to foster and support more experiential styles of learning”. This is most apparent in the Clinical Legal Education Centre which incorporates a trial room suitable for mock trials, though not of its benefactors of course. If Peter Sutherland were a building it would be this building for, though well-upholstered, it’s a little top-heavy. Why do we never name schools of law after true heroes, or at least flawed ones? The Mansfield School of law, The Sean McBride or Mary Robinson School of law? Of course international businessmen and plutocrats of all sort seek, in the dusk of lives dedicated to the pursuit of money, to have their reputations magnified for future generations. Tony O’ Reilly, by far the most elegant of the Irish philanthropists, has his sponsored buildings in Trinity and UCD, named – perhaps – after his parents. But these things are done better and with fewer strings in the US, where the culture and indeed the tax regime are more conducive: Warren Buffett and Bill Gates are charitable icons and are scrupulously divesting themselves of their assets in the common good; many US universities depend on philanthropy. Naturally the Sutherland school seems a bit more business- friendly than its fuddy-duddy anonymous predecessor: it aims to make “our teaching and learning challenging, rewarding, relevant, and critical in engaging with the challenges of law in Irish and international business, social, political and economic life”. If Goldman Sachs did law faculties it might probably do this one. It is not clear whether the minions and opinion-formers, rushing to their lectures, have been encouraged to downgrade human rights, the environment and culture as part of the process of embracing their exciting challenges. Peter Sutherland is a unique case; a pasha of world fuzzy democracy, a knight of the British realm described in the Financial Times in 2009 as “at the centre of the establishment in all its forms”, a querulous and basilisk Buddha, looking down from a great height at the mortals of the world and their fig-leaves of democracy and national sovereignty, barriers to the elevation of trade that his career has so eminently promoted. But let us construct a narrative for this man. Gonzaga, UCD and King’s Inns educated and aggressively-rugby-playing, he became Attorney General of Ireland in his 30s, after a brief and unsuccessful electoral dalliance with Fine Gael; and then was made the youngest ever EU commissioner – for Competition, in which capacity he was famously dynamic, driving competition in the airline, telecoms and energy sectors, and attracting the admiration of federalist Commission President, Jacques Delors. He chaired the Committee that produced The Sutherland Report on the completion of the Internal Market of the EEC. Only Ireland’s dreary civil-war politics deprived Sutherland of the job he coveted most when, back in 1994, the UK recommended him for the post of European Commission president. His strings to Fine Gael meant he did not enjoy the support of his own country’s government, then led by petfood Taoiseach Albert Reynolds. Tellingly, he once told the Financial Times: “I do absolutely believe in the European project. I think it’s the most noble political ideal in European history in a thousand years”. The Competition Commissionership was the first step in his championing of globalisation, internationalisation, sovereign fluidity, and the promotion of economic liberalisation. Of course Sutherland can surely speak the language of progress and ethics – and he is even, as a Good Catholic, an economic advisor to the Vatican, Consultor of the Extraordinary Section of the Administration of the Patrimony of the Apostolic See (and President of the International Catholic Migration Commission). Nevertheless his work – and even his lifestyle – bespeaks slavery to the amoral deities of capital, profligacy and greed. Globetrotting private jets, secret meetings in the Vatican or with the Bilderberg Group, carefully regulated and deliberately evasive public appearances: bread and butter for decades for this warrior for the business agenda. It is of course an ambivalent existence – grey: not a matter black and white. He is an agent of liberalisations the upshot of which he feels no obligation to take responsibility for. The Moral Charge Sheet So we propose a new offence. Let’s leave it shy of a crime for there is no