Legal Communication – Nicola Sarjeant
International Criminal Court
1. What do you know about Africa?
2. Would you like to travel there (or have you been there)? Why/why not?
· If so, which countries would you like to visit?
3. What do you know about the Democratic Republic of Congo (formerly Zaire)?
4. This is what the Lonely Planet says about the DR Congo:
The Democratic Republic of Congo is an untamed wilderness carpeted by rainforest and punctuated by gushing rivers and smoking volcanoes. Rendered almost ungovernable by the central administration in Kinshasa, the country remains closed to all but the most brave-hearted travellers… In some senses, the future can only get better. With five UNESCO biospheres, whole ecosystems filled with wildlife and an estimated US$24 trillion of untapped mineral capacity lying underneath the ground, it goes without saying that the country’s potential is breathtaking.
Do you think you would like to go there? Why/why not?
5. What do you know about the International Criminal Court?
6. What are ‘war crimes’?
DR Congo Country Profile[1]
A vast country with immense economic resources, the Democratic Republic of Congo (DR Congo) has been at the centre of what could be termed Africa's world war. This has left it in the grip of a humanitarian crisis.
The five-year conflict (1998~2003) pitted government forces, supported by Angola, Namibia and Zimbabwe, against rebels backed by Uganda and Rwanda. The war claimed an estimated three million lives, either as a direct result of fighting or because of disease and malnutrition. It has been called possibly the worst emergency to unfold in Africa in recent decades.
The war had an economic as well as a political side. Fighting was fuelled by the country's vast mineral wealth, with all sides taking advantage of the anarchy to plunder natural resources.
Despite a peace deal and the formation of a transitional government in 2003, the threat of civil war has re-emerged in the east of the country.
Vocabulary
to pit - to put (someone or something) in competition with (someone or something else)
anarchy - a lack of organization and control in a society or group, esp. because either there is no government or it has no power
to plunder – to steal goods forcefully from a place, esp. during a war or an attack
International Criminal Court[2]
The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression. The court came into being on July 1, 2002 — the date its founding treaty, the Rome Statute of the International Criminal Court, entered into force — and it can only prosecute crimes committed on or after that date.
As of October 2009, 110 countries are members of the Court. A further 38 countries have signed but not ratified the Rome Statute. However, a number of states, including China, India and the United States, are critical of the Court and have not joined.
The Court can generally exercise jurisdiction only in cases where the accused is a national of a state party, the alleged crime took place in the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. The Court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes is therefore left to individual states.
Genocide is the deliberate and systematic destruction of an ethnic, religious or national group.
A war crime is a violation of the laws of war by any person or persons, military or civilian. These include serious breaches of the Geneva Conventions, and, as part of a non-international conflict: murder, torture, hostage-taking, direct attacks against civilians, pillage[3], rape and sexual slavery.
The ICC only has jurisdiction over war crimes where they are "part of a plan or policy or as part of a large-scale commission of such crimes".
Crimes against humanity include murder, extermination, enslavement, imprisonment, torture, rape and persecution[4], “when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack”. They also include other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
à Do you think the ICC is a good idea? Why/why not?
Vocabulary
brutal - cruel, violent and completely without feelings
notorious - famous for something bad
the dock - the place in a criminal law court where the accused person sits or stands during the trial
to summon - to order someone to come to or be present at a particular place
a landmark - an important stage in something's development
a militia - a military force that operates only some of the time and whose members are not soldiers in a permanent army
to conscript - to force someone by law to serve in one of the armed forces
a curse - a cause of trouble and unhappiness
a civil war - a war fought by different groups of people living in the same country
to spill blood – to kill someone
to brandish - to wave something in the air in a threatening or excited way
the front line - a place where opposing armies face each other in war and where fighting happens
a warlord - a military leader who controls a country or, more often, an area within a country
Watch the video “Congolese warlord in trial first”[5]
1. How many were killed in inter-ethnic fighting?
2. What is Thomas Lubanga being charged with?
3. Why is the Lubanga case a “landmark case”?
4. What were child soldiers forced to do?
5. What is Lubanga’s argument?
6. How many youngsters were recruited in Congo?
7. Why have so many people been killed in this area?
8. How did rebel leaders pay for weapons?
9. How old was “Frank” when he was recruited?
Discussion
1. Lubanga was arrested in 2006 for crimes allegedly committed in 2002 and 2003 (his case was referred to the ICC by the DRC government in 2004). His trial is still underway. Do you think this is too long of a timeframe for a criminal prosecution? Why/why not?
2. The ICC is very expensive (its 2009 budget is €101,229,900 = $150,000,000). Do you think that trials, such as that of Lubanga, are worth such an expense? Why/why not?
3. Countries like Canada and Korea are strong supporters of the ICC (in fact, the current president of the Court is a Korean – Sang-Hyun Song). However, the United States is against it. Why do you think this is?
4. Look back at the description of the Court’s jurisdiction. Do you think the US needs to be concerned? Why/why not?
5. The harshest punishment the ICC can give is life in prison – there is no capital punishment. Do you think perpetrators of war crimes, genocide or crimes against humanity should be executed? Why/why not?
6. The concept of “universal jurisdiction” is gaining acceptance around the world. This means that national courts can try cases of the gravest crimes against humanity, even if these crimes are not committed in the national territory and even if they are committed by government leaders of other states.[6]
For example, the former dictator of Chile, General Augusto Pinochet, was arrested in London in 1999 after a Spanish court charged him with crimes against humanity. The House of Lords confirmed the legality of his arrest. (He was eventually released on medical grounds and never tried.)
· Do you think “universal jurisdiction” is a good idea?
· What are some potential problems with it?
[1]“ Country profile: Democratic Republic of Congo.” bbc.co.uk
[2] "International Criminal Court." Wikipedia, The Free Encyclopedia. http://en.wikipedia.org/w/index.php?title=International_Criminal_Court&oldid=171902425>.
[3] to pillage - to steal something from a place or a person by using violence, especially during war
[4] persecution - unfair or cruel treatment over a long period of time because of race, religion, or political beliefs
[5] http://news.bbc.co.uk/2/hi/africa/7850430.stm
[6] http://www.globalpolicy.org/intljustice/universal/univindex.htm