By Anthony Deutsch
THE HAGUE |
Wed Mar 14, 2012 3:06pm EDT
The
war crimes court at The Hague found Congolese warlord Thomas Lubanga
Dyilo guilty on Wednesday in its first ever ruling after a decade of
work limited largely to Africa while major cases elsewhere remain beyond
its reach.
The International Criminal
Court convicted the little known militia leader of using child soldiers
in the Democratic Republic of Congo.
But critics noted that deadlock among world powers means the ICC is not
even investigating daily tales of atrocity emanating from the Syria of
President Bashar al-Assad.
Another
sitting head of state, Sudan's Omar al-Bashir, cocks a snook at a
three-year-old arrest warrant. And big states including the United
States, Russia and China,
none of which accepts the jurisdiction of the Court, trade charges of
hypocrisy over their own behavior in places like Iraq, Chechnya or
Tibet.
Navi Pillay, a former ICC
judge who now heads the U.N. human rights agency, hailed the first
verdict in the court's 10-year existence as a "major milestone in the
fight against impunity".
But her
own agency has been forced to lock away evidence it has gathered against
Syrian officials of crimes against humanity during the past year's
crackdown on anti-Assad protests, due to the international stalemate in
the U.N. Security Council, the only body empowered to order an ICC
investigation on Syria.
Many
in Congo, and on a continent long ravaged by men like him, welcomed
that Lubanga, 51, had been brought to book for snatching boys and girls
aged under 15 and forcing them to fight in a five-year jungle war that
killed some 60,000 people in the east of the country around the turn of
the century.
He will be sentenced only later, and has a month to appeal.
But
some Africans grumbled the ICC does too little to hold to account
others elsewhere, or is succeeding only in hitting the small fry, or
losers like former Ivory Coast president Laurent Gbagbo, who now sits in
custody on the Dutch coast.
Watched
among others by actress and human rights campaigner Angelina Jolie,
Lubanga sat impassively in the dock in white robes and cap, having
denied all charges. Yet one of his co-accused still serves as general in
the Congolese army - a vivid reminder of the political limitations on
the court.
 |
| Congolese warlord Thomas Lubanga is seen behind his lawyers in the courtroom of the International Criminal Court (ICC) at The Hague March 14, 2012. |
"SHIELDED FROM THE COURT"
It
was set up to provide a permanent forum after ad hoc tribunals,
inspired by the Nuremberg trials of Nazi leaders, were used to prosecute
those responsible for war crimes in the former Yugoslavia and for the
Rwandan genocide of the 1990s.
"Two
decades ago, international justice was an empty threat," Pillay said.
"Since then a great deal has been achieved and the coming of age of the
ICC is of immense importance in the struggle to bring justice and deter
further crimes."
But the ICC can
work only with the assent of political leaders: "Is it going to give
pause to Bashar al-Assad?" asked Reed Brody, counsel for Human Rights
Watch, of the conviction of a man he called a "small fish" in Africa. "I
don't think so."
"Have we seen
atrocities fall off in the world? We only have to look at Syria to know
it's not the case," he said, noting how veto-wielding Russia and China were blocking Western and Arab efforts to have the Security Council act against Assad.
That
is the only way to initiate a prosecution, since Syria, like Russia and
China but also the United States, is not a party to the Rome Statute,
which created the Court in July 2002. While most countries have signed
up, the ICC's big opponents see it as a threat to national sovereignty
and to their global interests.
"It's
not the fault of the ICC," said Brody, who established a reputation as a
scourge of dictators during efforts to try Chile's Augusto Pinochet and
Haiti's "Baby Doc" Duvalier. "It's the fault of the Security Council
and of the world order ... the international justice system does not
operate in a vacuum."
While
welcoming the verdict against Lubanga, which may help set a precedent
for other cases involving the recruitment of child soldiers, he added:
"Those countries with political power and their allies have been
shielded from the court."
While
there has been talk among international jurists of trying to mount a
case against Assad other Syrian officials in the national courts of, for
example Spain, Britain or Belgium, which have asserted global
jurisdiction for crimes against humanity, there seems little immediate
prospect of that.
Assad and his
aides also run the risk that defeat could bring prosecution at home, as
happened to Saddam Hussein in U.S.-occupied Iraq and faces the son of
Muammar Gaddafi, Saif al-Islam, following his capture last year in
Libya.
CHILD SOLDIERS
At
The Hague on Wednesday, ICC Presiding Judge Adrian Fulford said in
reading the court's historic first judgment: "The chamber concludes that
the prosecution has proved beyond reasonable doubt that Mr. Thomas
Lubanga Dyilo is guilty of conscripting and enlisting children under the
age of 15 years."
He was detained
six years ago and faced three counts of war crimes. He could face up to
life imprisonment. The three-judge panel said children were forced into
camps in the Ituri region, where they were placed under harsh training
regimes and brutally punished. Soldiers and army commanders under
Lubanga's authority used girls as domestic workers and subjected them to
rape and sexual violence, they said.
"The
accused and his co-perpetrators agreed to, and participated in, a
common plan to build an army for the purpose of establishing and
maintaining political and military control over Ituri," they said. "This
resulted in the conscription and enlistment of boys and girls under the
age of 15."
Congolese Justice
Minister Luzolo Bambi Lessa hailed the "historic" verdict and said the
fact his country has more people facing justice at the ICC than any
other showed critics of the Kinshasa government that it was serious
about ending abuses.
In the eastern
Congolese city of Goma, Sharanjeet Parmar of the human rights group the
International Center for Transitional Justice, said: "The result is
important for the ICC as Lubanga is its first trial. But more
importantly for the DRC in terms of fighting the culture of impunity,
because very few people who're accused of war crimes are brought to
justice."
Local people, she added,
were eager now to see some form of reparation made for their suffering -
as well as Bosco Ntaganda, the general indicted along with Lubanga,
handed over to the ICC.
"His
continued liberty is actually a threat to peace," Parmar said. "It's
important that he's handed over in light of the fact he is still
implicated in ongoing violations."
AFRICAN SPOTLIGHT
Elsewhere
in Africa, there was a welcome for a thug getting his just deserts, but
some irritation that others, ranging from Israel and the United States,
to Sri Lanka or Syria, had not felt the breath of ICC prosecutors at
their heels.
At Bottom Mango
Junction in Freetown, capital of Sierra Leone, people with memories of
the civil war in their country - for which some are being tried in an
internationally-backed local court - praised the ICC's concern for
Africans, who have suffered more than most from the depredations of
warlords.
"The ICC is treating
Africa fairly," said Brian Ansumana, who sells diesel oil. "Because
these warlords, they are using children in war, giving them guns, drugs.
The ICC is in place to see that those crimes are not committed in
Africa."
But in Dakar, capital of
Senegal, businessman Papis Fall said: "The court is not fair. We're
getting the impression that it focuses solely on African criminals. It
should look for criminals everywhere, including America, Europe and ...
Israel." George Mukundi of the South Africa-based Centre for the Study
of Violence and Reconciliation, said of the Lubanga verdict: "What we
Africans are saying is, yes, it's useful and good ... But we would also
like to see justice done, and being seen to be done, in other cases
around the world."
He also voiced
concern that the ICC "seems to be looking at only one side of the coin"
in targeting some warlords but not other leaders in complex national and
regional conflicts.
SYRIAN CONFLICT
The
United Nations estimates that some 8,000 Syrians have died in violence
since an uprising against Assad began a year ago. Many are civilians and
U.N. officials and independent rights groups have amassed evidence from
refugees of deliberate killings of demonstrators by Syrian forces and
of mass torture.
The United States
and its allies have said Assad looks like a war criminal. But political
deadlock among the great powers in the Security Council has tied the
hands of ICC prosecutors.
"We can't
even get a resolution condemning the crackdown, let alone an ICC
referral, due to the Russian determination to prevent Council action,"
one diplomat said in New York.
U.S.
State Department spokeswoman Victoria Nuland hailed the Lubanga
judgment as "a historic and an important step in providing justice and
accountability for the Congolese people".
But she made clear Washington was not about to change its view that the ICC should have no jurisdiction over Americans.
Amnesty
International, another group which strongly supports the aims of the
court, said: "Today's verdict will give pause to those around the world
who commit the horrific crime of using and abusing children both on and
off the battlefield."
Source: http://www.reuters.com/article/2012/03/14/us-court-lubanga-idUSBRE82D0J620120314
(Additional reporting by Jonny Hogg in Kinshasa, Simon Akam in Freetown, Pascal Fletcher in Johannesburg and Diadie Ba and Mark John in Dakar, Sara Webb in Amsterdam, Stephanie Nebehay in Geneva and Louis Charbonneau at the United Nations; Editing by Alastair Macdonald and Peter Millership)
