Peter Erlinder
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C. Peter Erlinder (April 14, 1948 – December 4, 2024) was an American lawyer, originally from Chicago, who lived in
St. Paul, Minnesota Saint Paul (often abbreviated St. Paul) is the capital city of the U.S. state of Minnesota and the county seat of Ramsey County. As of the 2020 census, the city had a population of 311,527, making it Minnesota's second-most populous city a ...
. He was Lead Defense Counsel for the UN
International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
and represented several clients internationally, most notably several Rwandan opposition leaders, including
Rwanda Rwanda, officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of East Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator, Rwanda is bordered by ...
n presidential candidate Victoire Ingabire.


Biography

Erlinder was born in Chicago. He received his bachelor's degree from
Bradley University Bradley University is a private university in Peoria, Illinois, United States. Founded in 1897, Bradley University enrolls 5,200 students who are pursuing degrees in more than 100 undergraduate programs and more than 30 graduate programs in fiv ...
, then spent two years at
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
. He graduated from
Chicago-Kent College of Law The Chicago-Kent College of Law is the law school of the Illinois Institute of Technology, a private research university in Chicago, Illinois. It is the second oldest law school in the state of Illinois (after Northwestern Law). Chicago-Kent wa ...
, and was a lecturer at the
University of Chicago The University of Chicago (UChicago, Chicago, or UChi) is a Private university, private research university in Chicago, Illinois, United States. Its main campus is in the Hyde Park, Chicago, Hyde Park neighborhood on Chicago's South Side, Chic ...
, before becoming a professor at
William Mitchell College of Law William Mitchell College of Law was a private law school from 1956 to 2015 in Saint Paul, Minnesota, United States. Accredited by the American Bar Association (ABA), it offered full- and part-time legal education in pursuit of the Juris Doctor (J. ...
. He retired in 2012 and died in St. Paul on December 4, 2024.


Defendants

Erlinder specialized in high-profile crimes involving terrorism, the death penalty, civil rights, claims of government and police misconduct, and criminal defense of political activists. Some of the clients he has defended include: * Mohammed Abdullah Warsame *
Sami al-Arian Sami Amin Al-Arian (; born January 14, 1958) is a Kuwaiti-born political activist of Palestinian origin who was a computer engineering professor at University of South Florida. During the Clinton administration and Bush administration, he was ...
* Victoire Ingabire


Arrest in Rwanda

Erlinder was arrested on May 28, 2010, in the Rwandan capital. He defended opposition leader Victoire Ingabire against the same charge he faced, a law prohibiting "Genocide Ideology" – speech refuting that the 1994
Rwandan genocide The Rwandan genocide, also known as the genocide against the Tutsi, occurred from 7 April to 19 July 1994 during the Rwandan Civil War. Over a span of around 100 days, members of the Tutsi ethnic group, as well as some moderate Hutu and Gre ...
occurred exactly as the Rwandan government claims. The Republic of Rwanda issued a statement claiming that Erlinder "continually engaged in conspiracy theories and denial surrounding the circumstances of the genocide ndhas promulgated this dangerous and distorted fiction over many years." This statement claimed that he was arrested for allegedly
denying Denial, in colloquial English usage, has at least three meanings: * the assertion that any particular statement or allegation, whose truth is uncertain, is not true; * the refusal of a request; and * the assertion that a true statement is fal ...
the
Rwandan genocide The Rwandan genocide, also known as the genocide against the Tutsi, occurred from 7 April to 19 July 1994 during the Rwandan Civil War. Over a span of around 100 days, members of the Tutsi ethnic group, as well as some moderate Hutu and Gre ...
, and accused him of links to FDLR. Police spokesman Eric Kayiranga claimed that Erlinder said that "no Tutsis were killed by Hutus." As a result of Kayiranga's claim, some media reported that Erlinder's defense of clients accused of genocide included the argument "that the Tutsis were not the primary victims but the instigators and that the massacres were actually part of a civil war." Although "Conspiracy to commit genocide" is just one of six possible genocidal crimes enumerated in the "Convention on the Prevention and Punishment of the Crime of Genocide," the crime of genocide still requires proof of "
intent to destroy Genocidal intent is the specific mental element, or , required to classify an act as genocide under international law, particularly the 1948 Genocide Convention. To establish genocide, perpetrators must be shown to have had the '' dolus speciali ...
, in whole or in part, a national, ethnical, racial or religious group." Erlinder sued Kagame for ordering the
Rwandan Patriotic Front The Rwandan Patriotic Front (RPF–Inkotanyi; , FPR) is the ruling political party in Rwanda. The RPF was founded in December 1987 by Rwandan Tutsi in exile in Uganda because of the ethnic violence that had occurred during the Rwandan Hutu Revo ...
(RPF) to commit war crimes, including murder, and he accused the United States of turning a blind eye to Kagame's wrongdoing.
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
has confirmed that the RPF committed war crimes and crimes against humanity, but the crimes have largely escaped international notice. The
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
called for his immediate release.
William Mitchell College of Law William Mitchell College of Law was a private law school from 1956 to 2015 in Saint Paul, Minnesota, United States. Accredited by the American Bar Association (ABA), it offered full- and part-time legal education in pursuit of the Juris Doctor (J. ...
stated that it stands in solidarity with Erlinder. The International Criminal Defence Attorneys Association condemned Erlinder's arrest as "an attack on the right to counsel and the independence of counsel," and demanded that he be freed.
Paul Rusesabagina Paul Rusesabagina (;
(13 November 2013), by Patt Morrison, ''Los Ang ...
, the subject of the film ''
Hotel Rwanda ''Hotel Rwanda'' is a 2004 biographical historical drama film co-written and directed by Terry George. It was adapted from a screenplay by George and Keir Pearson, and stars Don Cheadle and Sophie Okonedo as hotelier Paul Rusesabagina and h ...
'', argued that Erlinder was a
political prisoner A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although ...
who should be immediately released, as President Kagame frequently silences his political opponents by charging them with the crime of genocide denial. Despite the American State Department's call for Erlinder's release, a Rwandan judge denied Erlinder's request for bail on June 7, 2010, and Erlinder stayed imprisoned in Kigali. In the wake of Erlinder's detention, the work at the United Nation's
International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
ground to a halt. Defense attorneys refused to proceed with their casework, for fear that they too could be arrested and held by the Kagame regime. Recognizing the effect of Erlinder's arrest, the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
called on Rwanda to respect the U.N. Basic Principles on the Role of Lawyers, and to "refrain from harassment of lawyers practicing law consistent with their professional obligations." Other groups, including Advocates for Human Rights and the Society of American Law Teachers, joined in calling for Erlinder's immediate release. U.S. congressional representatives
Betty McCollum Betty Louise McCollum ( ; born July 12, 1954) is an American politician serving as the U.S. representative for , serving since 2001. She is a member of the Democratic-Farmer-Labor Party (DFL). McCollum's district centers on St. Paul, Minnesot ...
and
Keith Ellison Keith Maurice Ellison (born August 4, 1963) is an American politician and lawyer serving since 2019 as the 30th attorney general of Minnesota. A member of the Democratic–Farmer–Labor Party (DFL), Ellison was the U.S. representative for fr ...
introduced a resolution calling on Rwanda to immediately release Erlinder, pointing out that the U.S. gives Rwanda hundreds of millions of dollars in foreign aid every year; Senator
Amy Klobuchar Amy Jean Klobuchar ( ; born May 25, 1960) is an American politician and lawyer serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Minnesota, a seat she has held since 2007. A member o ...
has also called for Erlinder's release, and has asked Rwandan authorities to grant him an expedited appeal. Writing in the ''
Harvard Law Record The ''Harvard Law Record'' is an independent student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States. Characteristics The ''Record'', a print and online publication, incl ...
'', an independent student-edited newspaper based at
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, Patrick Karuretwa said that Rwanda was right to prosecute Erlinder, stating the country's anti-genocide denial laws helped ensure its stability and progress, and that no exemptions should be made for an individual's privileged position. Erlinder was released on bail on June 18, 2010.


Activities

* National president,
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
, 1993–97. * Member, National Lawyers Guild Steering Committee. * Member, National Lawyers Guild Foundation Board. * Founding board member, National Coalition to Protect Political Freedom, Washington, DC. * Member, National Conference of Bill of Rights Defense Committees Steering Committee, Washington, DC. * Founding member, Minnesota Bill of Rights Defense Coalition. * Member, Minnesota Alliance for Progressive Action Board. * Defense Attorney at the UN
International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
, 2003–April 2011(Dismissed by ICTR)


References


External links


Family Members Fear for Life of Jailed US Attorney Peter Erlinder in Rwanda
– video report by ''
Democracy Now! ''Democracy Now!'' is an hour-long TV, radio, and Internet news program based in Manhattan and hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González, and Nermeen Shaikh. The show, which airs live ...
'' {{DEFAULTSORT:Erlinder, Peter Minnesota lawyers Living people International Criminal Tribunal for Rwanda 1948 births