Philippe Sands
Philippe Sands, QC is a British and French lawyer at Matrix Chambers, and Professor of Laws and Director of the Centre on International Courts and Tribunals at University College London. A specialist in international law, he appears as counsel and advocate before many international courts and tribunals, including the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court of Justice, the European Court of Human Rights and the International Criminal Court.
Sands serves on the panel of arbitrators at the International Centre for the Settlement of Investment Disputes and the Court of Arbitration for Sport.
He is the author of seventeen books on international law, including Lawless World and Torture Team. His book East West Street: On the Origins of Genocide and Crimes against Humanity has been awarded numerous prizes, including the 2016 Baillie Gifford Prize for Non-Fiction. His latest book is The Ratline: Love, Lies and Justice on the Trail of a Nazi Fugitive about Otto Wächter.
Since 5 February 2018 Sands has served as President of English PEN.
Early life
Sands was born in London on 17 October 1960 to Jewish parents. He was educated at University College School in Hampstead, London and read law at Corpus Christi College, Cambridge. attaining a BA in 1982 and going on to achieve a first-class honours in the LLM course a year later. After completing his postgraduate studies at Cambridge, Sands spent a year as a visiting scholar at Harvard Law School.Academic career
From 1984 to 1988 Sands was a Research Fellow at St Catharine's College, Cambridge and the Cambridge University Research Centre for International Law. He has also held academic positions at King's College London and SOAS. He was a Global Professor of Law at New York University Law School and has held visiting positions at Paris I, University of Melbourne, the Graduate Institute of International and Development Studies, Indiana University Bloomington, University of Toronto, Boston College Law School and Lviv University.In 2019 he was appointed the Samuel and Judith Pisar Visiting Professor of Law at Harvard Law School.
Sands was the co-founder of the Centre for International Environmental Law and the Project on International Courts and Tribunals.
Legal career
Sands was called to the Bar of England and Wales in 1985. In 2000 he was a founding member of Matrix Chambers and was appointed Queen's Counsel in 2003. Sands was elected a Bencher of Middle Temple in 2009.Sands has acted as counsel and advocate in cases that span a wide range of subject areas, including:
- maritime boundary disputes ;
- claims relating to natural resources, pollution and environmental assessment;
- international trade disputes;
- issues relating to the immunity of serving and former heads of State from the jurisdiction of national and international courts;
- claims under the United Nations Convention on the Law of the Sea;
- claims relating to the use of force, allegations of torture, genocide, self-determination and other violations of human rights;
- claims relating to violations of international criminal law.
Prior to accepting appointments as ICSID arbitrator, Sands acted as counsel in ICSID and other investment cases. Sands now sits as arbitrator in investment disputes and in sports disputes.
In 2005, Sands' book Lawless World catalysed legal and public debate in the UK on the legality of the 2003 Iraq War. The book addresses a range of topics including the Pinochet trial in London, the creation of the International Criminal Court, the War on Terror and the establishment of the detention camp at Guantánamo Bay. In the second edition of Lawless World Sands revealed that the then UK Prime Minister Tony Blair had told President George W. Bush that he would support US plans to invade Iraq before he had sought legal advice about the invasion's legality. Sands exposed a memorandum dated 31 January 2003 that described a two-hour meeting between Blair and Bush, during which Bush discussed the possibility of luring Saddam Hussein's forces to shoot down a Lockheed U-2 reconnaissance aircraft, an act that would cause Iraq to be in breach of UN Security Council Resolutions.
The memo disclosed that Blair told Bush that he would support US plans to go to war in the absence of a second UN Security Council Resolution, apparently contradicting an assurance given by Blair in the UK Parliament shortly afterwards on 25 February 2003. Sands has maintained the view that there was no basis in international law for military action in Iraq.
Sands' 2008 book Torture Team sets out in detail the role of senior lawyers in the Bush administration in authorising torture. As a result of his work on Torture Team, Sands was invited to give oral and written evidence to the UK and Dutch Parliaments, as well as to the US House of Representatives and the US Senate:
- UK House of Commons Select Committee on Foreign Affairs
- UK House of Commons Select Committee on Foreign Affairs
- US House of Representative Committee on the Judiciary
- US Senate Committee on the Judiciary
- Dutch Parliamentary Inquiry: Davids Commission
From 2010 to 2012, he served as a Commissioner on the UK Government Commission on a Bill of Human Rights. The Commission's Report was published in December 2012. Sands and Baroness Kennedy disagreed with the majority, and their dissent was published in the London Review of Books.
Sands and Kennedy expressed concern that support for a UK Bill of Rights was motivated by a desire for the UK to withdraw from the European Convention of Human Rights. Writing in The Guardian in May 2015, Sands argued that plans for a British Bill of Rights could leave some people in the UK with more rights than others and that this would be "inconsistent with the very notion of fundamental human rights, in which every human being has basic minimum rights."
On 17 September 2015 Sands gave a public lecture at the UK Supreme Court entitled "Climate Change and the Rule of Law: Adjudicating the Future in International Law". He expressed the view that a ruling by an international judicial body, such as the International Court of Justice, could help resolve the scientific dispute on climate change and be authoritative and legally dispositive.
In December 2015, Sands drafted a Legal Opinion on the legality of UK arms sales to Saudi Arabia for Amnesty International, Oxfam and Saferworld. The Opinion concluded that by authorising the transfer of weapons to Saudi Arabia, the UK government was acting in breach of its obligations under the Arms Trade Treaty, the EU Common Position on Arms Exports and the UK's Consolidated Criteria on Arms Exports.
On 16 April 2018, Sands co-authored a piece in The Times in which it is argued that the UK had no established legal basis for the 2018 missile strikes against Syria.
Writing, theatre and film
Sands is a contributor to the Financial Times and The Guardian and occasional contributor to the London Review of Books and Vanity Fair.Sands frequently comments on issues of international law and is a contributor to BBC programmes, Sky News, CNN, Al Jazeera and national radio and TV stations around the world.
His written work has formed the basis for three staged productions exploring the public and historical impact of international law:
- Called to Account, a staged inquiry into the legal issues surrounding the Iraq War ;
- Staged readings of Torture Team ;
- A Song of Good and Evil. It has also been performed at Kings Place in London, and in Australia, Istanbul, Brussels, The Hague and New York.
Sands wrote the script and appears in the film alongside two sons of prominent Nazi officials, Niklas Frank and Horst von Wächter. The documentary, which explores the relationship between the two sons and their fathers, won the Yad Vashem Chairman's Award at the Jerusalem Film Festival and was nominated Best Documentary at the Stockholm Film Festival and at the Evening Standard British Film Awards.
In 2018, Sands wrote and presented the BBC Radio 4 documentary Intrigue: The Ratline about the disappearance of senior Nazi Otto Wächter, investigating the "ratlines" by which he escaped justice.. Sands has since published a book on this topic.
In 2019, he published an Introduction to Franz Kafka's The Trial.
In 2020, he published .
Sands served for a number of years on the Board of the Tricycle Theatre and is currently President of English PEN. He is a member of the Board of the Hay Festival of Arts and Literature, and his interviews at Hay have included Julian Assange ; Vanessa Redgrave ; Keir Starmer ; John Le Carré ; Lord Justice Leveson and Tippi Hedren.
Personal life
Sands lives in North London with his wife and three children. In an interview for The Guardian Sands asserted that "I want to be treated as Philippe Sands individual, not Philippe Sands Brit, Londoner or Jew."General
- Lawless World: America and the Making and Breaking of Global Rules
- Torture Team: Rumsfeld's Memo and the Betrayal of American Values
- East West Street: On the Origins of Genocide and Crimes against Humanity
- My Lviv
- The Ratline: Love, Lies and Justice on the Trail of a Nazi Fugitive, Weidenfeld and Nicolson, London, 2020.
Academic
- Principles of International Environmental Law
- International Law and Developing Countries: Essays in Honour of Kamal Hossain
- Hersch Lauterpacht, An International Bill of Rights
- Selecting International Judges: Principle, Process and Politics
- The Manual of International Courts and Tribunals,
- Bowett's Law of International Institutions
- Justice for Crimes against Humanity
- From Nuremberg to the Hague
- Vers une transformation du droit international? Institutionaliser le doute
- Environmental Law, The Economy and Sustainable Development
- The International Court of Justice and Nuclear Weapons
- Greening International Law
- The Antarctic and the Environment
- Chernobyl: Law and Communication''
Prizes and awards
- 1999 Henri Rolin medal for contribution to international law
- 2005 Elizabeth Haub Prize for contribution to environmental law
- 2015 Honorary Doctorate in law, University of Lincoln
- 2016 Baillie Gifford Prize for East West Street
- 2017 Jewish Quarterly-Wingate Prize for East West Street
- 2017, Honorary Doctorate in Law, University of East Anglia
- 2017 British Book Awards, Non-Fiction Book of the Year
- 2017 Prix du Meilleur Livre Etranger for East West Street
- 2018 Prix Montaigne for East West Street
- 2018 Prix du Livre Européen
- 2019, Honorary Doctorate, University of Leuven
- 2019 Annetje Fels – Kupferschmidt onderscheiding prize