In a career which has seen her serve as Chief of Prosecutions at the International Criminal Tribunal for Rwanda, an experience recounted in her “Carlo Levi” prize-winning book “Mentre il mondo stava a guardare” (published by Mondadori), and subsequently as Registrar of the International Criminal Court (an institution based in The Hague which deals with sensitive cases, such as those involving Libya and Sudan), Silvana Arbia has been able to draw on more than just the “profound legal insight” gained from her training and work as a judge in Italy. In an interview granted to the Aspen Italia website, she explains that in dealing with the most difficult of situations, the flexibility “typical of the Italian approach“ has also been instrumental.
After twenty years as a judge in Italy, you were tasked with leading the prosecution of cases before the International Criminal Tribunal for Rwanda. What aspects of your background experience proved useful to you in such a sensitive role?
I believe that flexibility, which is so quintessentially Italian, enables one to tackle difficult situations, to have a more open approach to one’s work. Initially at the International Tribunal for Rwanda, when I was a Senior Trial Attorney, I was met with some misgivings on the part of my international colleagues. In fact, they thought that the predominantly common law-based system applied by the Tribunal was a bit foreign to my experience, which I had gained in the Italian judiciary and which in contrast was grounded in civil law and then in a mixed system. However, after the first few months, they had to concede that the background and training of an Italian jurist is – without being presumptuous – much more deeply-instilled. I won’t say better, but more deeply-ingrained: indeed, it’s not just a question of training but also of approach. The difference, I think, comes from the way in which a legal issue is analyzed and an appropriate solution is found. This is why I believe that what we Italians have to contribute is not only legal knowledge and experience, but also flexibility.
In your professional experience, has being Italian represented an advantage?
Being Italian can, of course, sometimes be a plus. Even in my current role, I often see my nationality mentioned alongside my professional qualifications, a sign that there is an appreciation for what an Italian cultural background and the country itself have to offer. What’s more, again in my work at the International Criminal Court, I have noticed that my Italian colleagues are well regarded for their openness and adaptability. This is a good starting point, although I think that the first thing that needs to be done is to make our culture more visible and understandable beyond the confines of Italy. In this regard, Italians abroad can certainly play a useful role as ambassadors for the country in their respective professional fields.
Could this appreciation that Italy inspires abroad prove an advantage for the country?
Definitely. Living abroad, you really see that Italy is very much admired. This is an asset which must, however, serve to attract talent: only in this way can we boost the resources of the country and talk of growth and development. To that end, it would be useful to promote Italy as a base for projects or for permanent institutions of international standing. In fact, being chosen as the headquarters for an international institution is a major draw and our country should invest more in this, perhaps through institutional projects that promote an international flow of experts or via initiatives that give the country visibility abroad. The International Criminal Court, for example, was established under the Rome Statute in July 2002. Why not organize events to commemorate this anniversary?
What can be done, on the other hand, to turn Italian excellence to advantage? Is it possible to strengthen ties between our country and the rest of the world?
I think the key is to open up to the world without debasing our culture. I am not convinced that Italy’s problem in attracting talent is due to a language barrier or because of a lack of courses offered in English. Indeed, those who are interested in our country and our culture often also want to study Italian. We should instead use the favorable conditions we have to set up projects and internationalize the country’s economic system. We have all the means to do so: Italy is popular, and not just for its climate or landscape; people like the Italian style and way of doing things. And most of all, Italy has a great reputation and holds great appeal among the emerging countries.
