In thesis, Mueller stressed rule of law

By Ngan Chiem

Pennsauken, NJ 

Special Counsel Robert Mueller has been preparing for the Russia investigation for more than 50 years.

Mueller is currently investigating Russian interference in the 2016 election, including possible collusion by President Donald Trump’s campaign, but 52 years ago, when Mueller was an undergraduate at Princeton, he was fixated on another question.

The future FBI director, then 22, was thinking about Africa.    

In 1966, the International Court of Justice, the judicial branch of the United Nations, ruled on a case deciding whether South Africa had the right to expand apartheid—a system of racial segregation—to nearby Southwest Africa, now known as Namibia. At the time, South Africa had authority over the area, which came with the condition that South Africa would govern humanely and promote peace. It was this promise that encouraged Ethiopia and Liberia to bring the case to the United Nations, claiming apartheid was unethical.

Mueller’s thesis focused on one question: Did the International Court of Justice—or, the World Court —even have the right to rule on the case? The majority opinion at the time was that the Court did.

Historically, the World Court was designed to be a place where sovereign states could request the legal opinion of the United Nations. But the dissent argued that South Africa was completely within its rights under an agreement signed after South Africa took the territory after World War I.

In his thesis, Mueller recognized the legal strength of the dissenting judges’ opinion that the Court had no right to interfere with South Africa. But he also argued that the Court’s ethical responsibility to intervene was written into its mandate. In the face of strong legal arguments on both sides, Mueller turned his attention to the moral issue at the heart of the case: apartheid.

“He’s really saying, when the law is ambiguous, you should do the ethnically right thing,” said Mueller’s thesis adviser Richard Falk, an emeritus professor at Princeton’s Woodrow Wilson School of Public and International Affairs. “That’s an issue that many lawyers don’t understand. And he understood it and at a very early age.”

In the end, Mueller concluded that despite the strength of the argument denying the court’s authority to rule on the issue, it was outweighed by the court’s ethical obligation to preserve human rights. The Court’s decision to take South Africa’s case, he wrote, “was a positive contribution … to the ultimate goal of a world peace founded upon a rule of law.”

Now, more than 50 years later, Mueller stands on the precipice of a decision in the Russia investigation, which is how to handle any potential misconduct by the President of the United States and his campaign. To predict a man’s judgement based on his writing from decades ago can be precarious, especially considering the high stakes. But at least during his undergraduate days, Mueller saw flexibility in the law. “What he wrote as a Princeton senior,” Falk said, remains “quite interesting—and relevant.”

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