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International Criminal Court prosecutor under fire
19 Aug 2008 13:46:00 GMT
Written by: Joanne Tomkinson
The International Criminal Court's chief prosecutor Luis Moreno-Ocampo addresses the media during a news conference in The Hague. <br>
REUTERS/Jerry Lampen (NETHERLANDS)
The International Criminal Court's chief prosecutor Luis Moreno-Ocampo addresses the media during a news conference in The Hague.
REUTERS/Jerry Lampen (NETHERLANDS)

The reputation of the International Criminal Court (ICC) has lost its shine of late. There's a growing storm of criticism against ICC chief prosecutor Luis Moreno-Ocampo, and some commentators have even called for him to resign.

So what are the charges being levelled at the five-year-old court, established to prosecute individuals for genocide, crimes against humanity and war crimes?

Human rights lawyers, academics and non-governmental organisations (NGOs) have begun to question Moreno-Ocampo's conduct and competence as head of the court, reports Britain's Guardian newspaper.

Topping the list of rumblings against him is concern over last month's announcement that he was seeking an arrest warrant for genocide and war crimes against the Sudanese president, Omar Hassan al-Bashir.

Moreno-Ocampo's approach shocked academics and Sudan experts like Alex de Waal, who said the announcement sounded more like a political call for regime change than a statement by the head of the ICC.

"By presenting his case in such stark terms, the prosecutor has made it easy for his critics to dismiss him as ill-informed and driven by a desire for publicity, and has made it harder for the advocates of justice in Darfur to pursue the challenge of calling to account those responsible for crimes no less heinous than genocide," de Waal told the Guardian.

And this is just the latest in a series of problematic incidents for Moreno-Ocampo.

Just weeks before the press conference on Darfur, the trial of Congolese warlord Thomas Lubanga - the first war crimes suspect to appear before the court - collapsed amid concerns the prosecutor had used confidentiality agreements to hide evidence supporting the defence.

Others find Moreno-Ocampo's leadership style worrying.

With many of the court's top staff having left in recent years, the ICC runs the risk of being unable to meet the rigorous demands of investigations, the director of Human Rights Watch's international justice programme, Richard Dicker, told the Guardian.

And there's the sticky issue of Moreno-Ocampo being held responsible by an internal panel of judges for "breach of due process" over a case involving a member of staff who "blew the whistle" by making a complaint of sexual misconduct against the prosecutor and was then sacked by him, as the Daily Telegraph's Joshua Rozenberg reports.

The prosecutor firmly denied the allegations and there is no proof any such misconduct occurred. But the tribunal ruled that Moreno-Ocampo should not have taken the decision to dismiss the former media spokesman himself because of his personal interest in the case.

"A prosecutor who seeks to bring a president to justice must have judgment of the highest order. On the strength of these findings, Mr Moreno-Ocampo does not. I repeat what I said here two weeks ago: he should resign immediately," concludes Rozenberg.

There are still some who praise Moreno-Ocampo, like British QC Geoffrey Robertson who has called him "a careful, respectful lawyer with a fine record in prosecuting inhumane Argentine generals", according to the Guardian.

But those who support the ICC must be worried that the mounting campaign against Moreno-Ocampo will cast doubt on the court's ability to prosecute those responsible for crimes against humanity.

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3 responses to “International Criminal Court prosecutor under fire”

Please note that comments should not be regarded as the views of Reuters.
  1. Peter Moszynski says:

    This appears to be a case of shooting the messenger once again. The Security Council refered Sudan to the ICC and then Khartoum appointed the chief suspect for crimes against humanity as minister for humanitarian affairs - Let's discuss the issue on its merits, not by spreading gossip about ICC officials.

  2. Hafiz Kamal says:

    Peter Mozynski,

    The "issue" is whether Ocampo is fit for the job at ICC and whether he actually has a case against Khartoum. Bashir's decision to appoint Ahmed Haron as minister for humanitarian affairs is by all means extraordinary. However it is not enough to prosecute an entire regime no matter how evil it is!!

  3. CONNECTAFRICA says:

    Sudan's president, dictator and feudal lord, omar-el bashir can run but won't hide for two long. five years and 300,000 deaths is enough slime on a man's conscience to have a lifetime of nightmares. it was during his watch armed gangs proliferated in the darfur region wreaking havock on innocent civilians. so good at least there is still one good willing to look bashir and fifty one african leaders that 300,000 or 10,000, bashir indeed has a case to answer

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Joanne Tomkinson joined AlertNet from Oxfam in 2007. She regularly scans the global coverage of emergencies and digests the most interesting highlights for AlertNet's MediaWatch section.

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