No 155 July 18, 2012

No89

REPORT International Criminal Court (ICC) – Trust Fund for Victims Subscribe to the IJT Click here by John Noubarassem, Bangui The victims’ long wait in Bangui What Lubanga is not guilty of by Franck Petit, Two days of hearings were of the Fund for Victims in Bangui brought “While the March 14th judgement said what Thomas set aside at the end of June for three a breeze of hope to local communities. Lubanga is guilty of, the sentence victims that are not witnesses to Thousands of people affected by the pronounced on July 10th tells what the Jean-Pierre Bemba case before war are waiting for aid here, in particular he is not guilty of,” notes Jean- the International Criminal Court from UN agencies in the country Marie Biju Duval, co-counsel for the (ICC). Nevertheless, the Trust Fund and humanitarian NGOs assisting defence of the first person convicted in the decade-long existence of the for Victims is struggling to start populations in post-conflict zones in the International Criminal Court (ICC). its activities in the Central African north and northeast of the country. In The former head of the UPC Republic (CAR)—three years after these areas, health centres and hospitals (Union des Patriotes Congolais) was the confirmation of charges brought have been destroyed by the war. Schools sentenced last week to 14 years against the former Congolese militia are practically non-existent. in prison, as a co-perpetrator, for “conscripting and enlisting children leader. under the age of fifteen years into With a non-legal mandate to The slow pace of justice the UPC/FPLC and using them to support victims of sexual and gender- Marie-Edith Douzima, legal participate actively in hostilities in based violence in this country, it was representative of victims before the ICC, the Ituri region of the Democratic just in May 2011 that the Fund sent out believes that “the slow pace of justice is Republic of the Congo (DRC).” a call for expressions of interest to local its strength. [But] this Fund for Victims Not intentional and international NGOs. Four months has nothing to do with the trial. It was only Reading the sentence, the later, organisations had submitted last year that those in charge of the fund chamber presiding judge Adrian projects and several were selected. came here to the CAR to see how they Fulford made clear what the former could help victims, both those allowed to Iturian leader is held responsible for. “The Chamber did not conclude that Unidentified victims participate in the trial and those who are M. Lubanga meant to conscript and But no list has been made not participating.” enlist boys and girls under the age public. And a year later, the victims IJT Another attorney, Bruno of 15 and to use them to participate spoke to do not seem to have known Hyacinthe Gbiegba, president of actively in hostilities. Instead, [he] about it. Those who should benefit from Christians for the Abolition of Torture was aware that in the ordinary course of events, this would occur.” the Fund still have not been identified, and the Death Penalty (ACAT-RCA) The chamber excluded all according to sources close to the ICC. is shocked “by the fact that there is aggravating factors brought by the And no service is available to provide not enough information going around prosecution to the sentencing debate. victims with information at the ICC field regarding the Fund for Victims in CAR. “It has not been demonstrated office in the capital Bangui. I think there was a selection process. that the individual punishments” perpetrated against child soldiers Speaking in the national We should be given that information. were the responsibility of Lubanga, language of Sango and on condition of Secondly, are the NGOs which were said Fulford. And regarding sexual anonymity, one 36-year-old woman told chosen truly able to meet victims’ violence, “nothing suggests that [he] us, “The ICC should give me money needs? Because things should not be ordered or encouraged [it].” so I can seek treatment because I am done by cooption. If that’s the case, On the mitigating factors, Fulford praised Lubanga for having sick with AIDS after seven men had sex we’re not going to accept it.” been “respectful and cooperative” with me. But I don’t understand anything Fabienne Chassagneux, during the trial, despite “some at this point…” It remains difficult for outreach coordinator for the ICC in particularly heinous circumstances” - victims to understand the difference Bangui, says, “The process is in place the prosecution’s “failure to disclose between the non-legal mandate of the and only the Fund experts may be able exculpatory material” and its “repeated failure to comply with the Trust Fund for Victims in the Central to provide precise information regarding chamber’s disclosure orders,” which African Republic and the ICC legal the progress of the programme.” All of on two occasions led the court to mandate. Even more so, given that the this while festivities are underway at the suspend the trial. only trial currently underway regarding field office in Bangui for the celebration Having already spent six the CAR, against former Congolese of the 10th anniversary of the opening of years in pre-trial detention at the ICC, Lubanga should be set free in Vice President Jean-Pierre Bemba, the ICC. However, all signs point to the 2020. Neither the prosecution nor could also lead to compensation. fact that the wait for beneficiaries of the the defence have expressed their The announcement of the arrival Fund for Victims is far from over in CAR. intention to appeal the sentence.

International Justice Tribune No. 155 July 18 1 Copyright 2012 © RNW Trials in Argentina REPORT ICTY: Mladic trial starts with a health alert A sense of pride after Videla trial by Radosa Milutinovic, The Hague by Santiago O’Donnell, Buenos Aires Months after its “false start” in May More than three decades after the babies sent to be raised away from [read IJT-152]—when prosecutors the crimes were committed and 16 their “subversive” relatives. outlined their case—the trial of Ratko years after they were denounced, a In addition to Videla and his Mladic finally began in earnest last page has been turned in Argentina. chief of staff, former general Reynaldo week as International Tribunal for the General Jorge Rafael Videla was Bignone, who received a 15-year former Yugoslavia (ICTY) judges heard found, on July 6, responsible for the sentence, the federal tribunal also the first prosecution witnesses. But “extraction, retention and hiding condemned former ESMA directors proceedings were soon overshadowed of minors and suppression of their Jorge “the Tiger” Acosta and Osvaldo on the third day by the health scare which appeared to be “false”, too. With identity, in 20 cases.” Vañek to 30 and 40 years in prison. Navy his history of three strokes, this issue In other words, the leader of physician José Luis Magnasco received will haunt the trial in future, although the military regime (1976-1983) under a 15-year sentence. Several former Army Mladic seems to be eager to partici- which around 15,000 guerrillas and and Navy intelligence officers were also pate and looks healthier than after his political opponents disappeared in the convicted. arrest more than a year ago. 1970s, has been convicted of ordering Videla, who is already serving Wearing a smart grey suit, Mladic (69), the kidnapping of babies who were two life sentences in the military jail sat showing no emotion while the first born in captivity, stripped of their identity at Campo de Mayo for his role in the witness, Bosnian Muslim Elvedin Pa- and given up for adoption during his disappearances during the dictatorship, sic, tearfully described how he lost his father and relatives to Mladic’s soldiers, dictatorship. denied during the trial and in a recent who executed some 150 Muslims in In a courtroom crowded with interview with a Spanish magazine Bosnia in 1992. Pasic was only 14 at relatives of the victims in downtown that he ordered the baby kidnappings, the time. His appearance was followed Buenos Aires, Federal Tribunal 6 claiming they were committed by rogue by the fact-based testimony on the sentenced Videla to 50 years in jail, elements in the military. However, he did siege of Sarajevo, by witness David together with a group of former military admit to his decision to “get rid of six to Harland, who worked in the city from officials who served under him, who seven thousand people” in the so-called 1993-95 as the UN peacekeeping were given sentences ranging from 40 dirty war of the 1970s. force (UNPROFOR)’s—Civilian Affairs to 5 years in prison. In total, more than Officer. Harland, who drafted hundreds of daily 430 babies and young children of the A better country reports on Sarajevo, said that through- disappeared were kidnapped during the Last week´s court decision was out the conflict, Mladic’s forces carried dictatorship and sent with new identities hailed as historic by Argentine human out “terror shelling” daily, without “any to families related to the military. But the rights organisations. “In 1996 six of us filed military value” on a daily basis. “On av- plaintiff, a victims’ NGO, Grandmothers of this lawsuit with the idea that the world erage, we counted about 1,000 artillery Plaza de Mayo, only presented 20 cases had to know that there was a systematic impacts on Sarajevo each day for most to expedite the proceedings in a trial that plan to steal our grandchildren. After so of the war.” It was a “spigot of terror,” began 15 months ago. many years we have accomplished that,” said Harland, opened or closed by The twenty young men and said Rosa Roisinblit, vice president of Mladic and Karadzic as they wished, either to put pressure on Muslims or to women who testified at the trial were born the Grandmothers of Plaza de Mayo. prevent NATO air attacks. in captivity and recovered their identities “This makes us better men and women thanks to the Grandmothers’ genetic and makes this a better country. Its High blood pressure bank and the findings of the Argentine makes us feel proud of a justice system As defence lawyer Branko Lukic cross- Forensic Anthropology Team, an NGO that listened to the victims, it makes examined Harland last Thursday—al- that has worked for decades identifying us feel proud to be able to exhibit this most 17 years after first Srebrenica the remains of the disappeared. Victoria accomplishment to the international massacre—Mladic suddenly com- Montenegro, a witness who recovered community, especially those countries plained he did not feel well, prompt- her identity in 2001, said she was satisfied that avoid condemning state terrorism,” ing presiding judge Alphons Orie to adjourn the hearing. The defence team with the outcome of the trial. “It´s about said Martin Fresenda, who was born in said Mladic suffered from high blood time we start calling things by their name. captivity and recovered his identity. He is pressure and was rushed to hospital, The dictatorship had a systematic plan current Secretary of Human Rights in the amid fears of another stroke. But tests to steal babies. This trial ends a struggle Argentine government. showed “no abnormalities”, according of many years for the Grandmothers of Videla, 87, was Argentina’s de to ICTY spokeswoman Nerma Jelacic. Plaza de Mayo,” she declared. facto president between 1976 and 1981. On Monday, when the trial resumed During the trial, prosecutor Martin At the sentencing hearing he wore a —Mladic’s courtroom demeanour was Niklison was able to prove that in the blue suit, white shirt and black tie and almost businesslike—he carried a notorious detention centre, the Navy remained silent. He stared at judge briefcase and followed evidence with blank expression, chewing on his read- Mechanics School (ESMA), from where María del Carmen Roqueta, the tribunal ing glasses and taking notes. During more than 3,000 prisoners disappeared, president, as she read the sentence. a break, Mladic also felt fit enough to had a maternity ward where dozens of Then he stood up gingerly, held his arms demonstrate to the guards around him clandestine births were carried out, the forward to be handcuffed and was led how to exercise half push-ups, leaning mothers assassinated hours later and back to his cell. with his hands on the desk before him.

International Justice Tribune No. 155 July 18 2 Copyright 2012 © RNW ANALYSIS Extraordinary Chambers in the Courts of Cambodia (ECCC) ECCC: a veteran prosecutor Trial 000 takes over by Julia Wallace, Phnom Penh by Julia Wallace, Phnom Penh Mark Harmon, a veteran prosecutor at More than six months into to co-prosecutors rather than taking the the International Criminal Tribunal for the first—and likely only—trial of lead as they did in the tribunal’s first case. the former Yugoslavia, will be the UN’s three senior Khmer Rouge leaders, “People are kind of lost. It’s not next investigating judge at the Khmer proceedings still seem to be creeping an engaging narrative for people. The Rouge tribunal, according to a decree along, with only 18 witnesses heard general area of control, delegating signed by the Cambodian king last by the Trial Chamber since December. authority to the prosecution, has been month. Harmon is a high-profile choice Part of the lassitude in Phnom the real problem. There are a lot of with years of experience, but he will be stepping into some of the least-cov- Penh is due to the many recesses consequences that come from judicial eted shoes in the field of international scheduled by judges—with only 78 days leadership within a trial, and now they’re justice when he arrives in Cambodia. of trial proceedings over 550 days. Few of doing it like a half-civil law trial, half- There have been three separate UN the witnesses—who are mostly elderly, adversarial trial,” said Anne Heindel, investigating judges working at the confused and nervous—have provided a legal adviser to the Documentation Phnom Penh tribunal in the past two illuminating testimony. Most have been Centre of Cambodia who has been years alone. Since October 2011, unable to give evidence directly relevant monitoring the tribunal. Harmon’s two predecessors have both to the trial’s first phase, focused on forced The case was “severed” into abruptly quit the position, saying they evacuations. a number of smaller “mini-trials” in were unable to continue investigating Worse, some have flatly denied September, after it became obvious that two government-opposed cases due to political interference or obstruction facts they are known to have witnessed. there was no manageable way to deal by Cambodian court officials. Others have appeared intimidated by the with the mammoth indictment in one Siegfried Blunk, who quit in Octo- defendants or the courtroom setting. One trial. The charges in this first mini-trial, ber, had been criticised by NGOs high-profile former Foreign Ministry aide known as Case 002/1, relate only to and court monitors for months over gave blank, obfuscatory responses. Two forced evacuations by the Khmer Rouge. his alleged machinations to quietly other witnesses, former Khmer Rouge The regime’s brutal execution grounds, dispose of the cases known as 003 cadres from a remote northeastern worksites and prisons will be examined and 004. Nonetheless, he cited in his province, were poorly coached and later. Charges of genocide, religious parting statement government officials’ provided no useful information. Last persecution, and war crimes are not yet demands that 003 and 004 not be pursued. Laurent Kasper-Ansermet, month, a witness testified he could being considered. on the other hand, aggressively not read, then recollected having Prosecutors have pleaded that pursued the cases but found that he read a document. “You are illiterate, the scope be widened to reflect the varied was stymied and stonewalled by his don’t understand politics, confused criminality of the accused. In October, Cambodian counterpart, You Bunleng, and forgetful,” defence lawyer Michael they sought the inclusion of a variety who refused to recognise his author- Karnavas bluntly told the man, Oeun Tan. of worksites, cooperatives and purges. ity. He was also unpopular with the After their proposal was refused, they government, which withheld its stamp Lord of the Iron Staff asked for several execution sites and of approval for his nomination and for Pol Pot’s nephew Saloth Ban, did prisons related to the evacuations to be his entire six-month tenure was known as the “reserve investigating judge.” In give insight into the workings of Khmer included. Denied. Acting Co-Prosecutor early May, Judge Kasper-Ansermet Rouge Ministries, but undermined himself William Smith said he would ask the left the country after publishing a with bizarre spiritual and legal ramblings. Trial Chamber again to reconsider the scathing memo detailing Cambodian He told the court a minor deity, the Lord severance if judges do not act. “We have obstruction of his efforts to investigate of the Iron Staff, appeared to him and a responsibility to make sure the accused cases 003 and 004. announced the ECCC was unjust. The are on trial for the most representative, next day, he explained to lawyers that he egregious and pervasive crimes it is Recognised by the government had invented his own court case, Case alleged they committed,” he said. Claire Duffy, a lawyer who monitors 000. “The Case 000 that I referred to is the tribunal for the Open Society Jus- tice Initiative (OSJI), said that Harmon that I had my rational thinking and that I Unlikely second “mini-trial” would likely face similar challenges compiled a personal document for myself It is expected that judges will to those of his predecessors, but that to progress and for the prosperity of my eventually be forced to broaden the his recognition by the government family. However, if this progress has an scope of the case, because the trial is had vastly simplified matters. “OSJI impact on the world, of course it is ok,” he moving so slowly—and the accused are has one fundamental hope for cases said to general bafflement. so old—that nobody believes there will 003 and 004 with the new judge’s Some of this confusion is ever be a second mini-trial. Case 002/01 appointment—that is that he will be inevitable in a trial for crimes that occurred will probably be the only public reckoning able to restore some credibility into the nearly 40 years ago. Witnesses who were for the Khmer Rouge leaders’ crimes. investigations, thereby undoing some of the damage to the ECCC’s legacy. teenagers at the time are approaching “It’s fine to split the indictments to get the This will of course depend entirely on old age. Still, observers say the Trial judgement faster, but it should have been the Cambodian government and his Chamber bears some blame for failing done with representational crime sites,” national counterpart giving him the to schedule witnesses in a meaningful laments Heindel. “Nobody understands space to do what he needs to do,” and for handing over questioning what they’re doing.” Duffy said.

International Justice Tribune No. 155 July 18 3 Copyright 2012 © RNW DUTCH SERIES P A R T 2 – T h e C o u p Ahead of the ICC’s tenth anniversary, IJT looks at the Dutch historic hold-up on international ICC: two new warrants for DRC justice. In the second of a 3-part series, we relate the “coup” over the ICC (part-II) that gave the “There have been few occasions country a unique opportunity to garner economic and diplomatic benefits (read page 6). during my 13 years of documenting abuses in Congo by Lubanga and 2. ‘Total football’ for the others in which justice was done. This was one of those moments,” wrote International Criminal Court Human Rights Watch researcher by Janet Anderson, The Hague Anneke Van Woudenberg in The The Dutch look back with nos- permanent international court to a variety Guardian on July 11. “It shines a spot- talgia every few years to the 1970’s, of starting points: The Hague peace con- light on Lubanga’s co-accused, Bosco when the legendary Dutch soccer ferences at the end of the nineteenth cen- Ntaganda, who remains at large in eastern Congo and is getting help squad won major honours by devel- tury, academic papers during the 1920’s from Rwandan army officers.” oping a of play called ‘total foot- and the Nuremberg and Tokyo trials. In ball’. They swaggered onto the field the early 1950’s a draft statute for a court Second warrant for Ntaganda and swamped the opposition. Dutch was prepared under the auspices of the The ICC issued a second arrest war- diplomats did the same during the UN but was blocked by the Cold War. In rant on July 13 for Bosco Ntaganda. ‘90’s, playing host to the International June 1989 the Non-Aligned Movement He was originally charged by the Criminal Court (ICC). held a meeting in The Hague, sparking ICC, six years ago, like Lubanga, with More than a little luck was involved a UN-backed decade-long celebration of recruiting child soldiers. Ntaganda is in this quiet diplomatic coup. The playing international law, culminating in the Cen- now suspected “as an indirect co- perpretrator” on seven counts - three field was tilted in favour of the Dutch due tennial anniversary of the 1899 Peace of crimes against humanity for “murder, to the historic role they had been playing Conference in The Hague (see Part-I, rape and sexual violence and persecu- in the peace and justice field since the IJT-154). tion” and four of war crimes for “murder, early 20th century (see Part 1). A conflu- With the end of the Cold War, attacks against the civilian population, ence of world events gave governments “there was a new ‘fin de siècle atmos- pillaging and rape and sexual violence.” and NGOs the opening they needed to phere’ at the UN,” says Büchli - the idea He allegedly committed the crimes establish the court. And a discreet diplo- that “peace could be ‘arranged’ by inter- in the Kivus from September 2002 to matic campaign provided the Dutch with national involvement.” William Pace, head September 2003. a hat trick in the final. of the influential lobby group, Coalition for “Now Ntaganda may be feeling the net tightening around him,” says Van the ICC, argues that “the vacuum caused Woudenberg. “In March, following The Hague, without brackets by the end of the Cold War” left the UN to Lubanga’s guilty verdict and new at- Second day of the Rome confer- fill a gap in global leadership. The Security tempts by the Congolese government ence, in July 1998. The Hague was the Council, at the start of the 1990’s, strug- to dilute Ntaganda’s power base, he only candidate included in Article 3 of gled with how to deal with the Balkans mutinied and orchestrated a new rebel- the ICC’s potential treaty. By general ac- atrocities. The US launched the idea of a lion, known as the M23. […] This past clamation, the brackets around the city’s tribunal, as “a desperate hope to impose week, Ntaganda’s M23 rebels took name were removed. Dutch Foreign Min- some measure of justice on the apoca- over numerous villages and towns in ister got the news on lypse,” writes David Scheffer in ‘All the Rutshuru territory, overthrowing the defences of the Congolese army and his way home from a meeting in Dublin Missing Souls’. In 1993, under US and UN peacekeepers in the area.” and his government plane erupted with French leadership, it took only a matter of cheers. He proceeded to Rome and “met weeks for the Security Council to agree Mudacumura, on war crimes only up with us at around six/seven at a Via on the establishment of the International The same day, the ICC issued ano- Veneto outdoor bar,” recalls Thijs Büchli, Criminal Tribunal for the former Yugosla- ther arrest warrant for one of Kigali’s a Dutch Foreign Affairs official who ran via (ICTY), and to ask the Dutch to host it. foes in eastern Congo. Sylvestre the campaign for the ICC seat. And with Mudacumura, supreme commander typical Van Mierlo generosity, “drinks The ICTY, a turning point of the Forces démocratiques de libé- were on him.” “That was the turning point,” says ration du Rwanda (FDLR), a military movement composed of Rwandan The next day, the Dutch held a vin Peter van Krieken of Webster University. Hutus active in the Kivus since 1994. d’honneur—“an opportunity to act as true “Once we had the ICTY… [the ICC] was The chamber, which first rejected the ICC hosts for the first time,” says Büchli. a race that could be much more easily prosecution application (read IJT- Intended as a booster for their bid for the won.” At the municipality of The Hague, 153) over lack of clarity, now exclu- seat, this became a celebration. Former staff were constantly on the lookout for des all of the five counts of crimes Mayor of The Hague, , new organisations to headquarter in against humanity. But it grants the who co-hosted the reception, had been the city. Bob Lagerwaard, the city hall’s prosecutor nine counts of war crimes thinking about what to give the fellow del- man who coordinated international cam- allegedly committed by Mudacumura egates. “You can’t give something expen- paigns, describes the 1990’s as a ‘renais- from January 2009 to September 2010. ICC judges included a discreet sive,” he said, “but it must be original and sance’ for the city. Buoyed by their first warning in their decision. The prose- in The Hague there’s not much industry.” major success, the Organisation for the cution application, they said, “bears In the end, local sweets - Haagse Hopjes Prohibition of the Chemical Weapons in some similarities to the case presen- - were handed out. “Unique in the world!” 1992—against stiff competition from Ge- ted [against] Callixte Mbarushimana,” according to Deetman. neva and Vienna—the team continued to who has been freed after his charges Commentators date the idea of a look for new projects. were rejected last year.

International Justice Tribune No. 155 July 18 4 Copyright 2012 © RNW The ultimate prize started to drew from the race on the advice of their STL: no men, no error emerge in 1995 when an ad hoc com- legal teams. Unable to arrest its first four indict- mittee was established by the UN’s sixth Another potential competitor— ees, the Special Tribunal for Lebanon (STL) had few other options but to committee—dealing with legal affairs—to Rome—was seen off via a deal “in the close its doors or try them in absen- negotiate a potential draft for a putative corridors of one of the working groups of tia. On July 11, the judges said there ICC. Without delay, a new campaign the PrepCom at the end of ‘96 or early ’97,” was no reason to revisit a Febru- group was formed by the municipality in says Büchli, where the Italians switched ary court decision to proceed in the parallel, to bring the ICC to The Hague. to proposing themselves as hosts of the absence of the four men accused of The next year, legal adviser at the min- conference. “The would sup- the 2005 bombing in Beirut that killed istry of Foreign Affairs Adriaan Bos was port the Rome conference and the Rome former Lebanese prime minister Rafiq Hariri and 21 others. nominated to chair the UN committee— statute, while Rome backed the Nether- The four - Salim Ayyash, Mustafa known as the PrepCom. Bos was well lands’ seat campaign. The only opposition Badreddine, Hussein Oneissi and As- known and respected in legal circles in we feared,” he says, was from Nurem- sad Sabra are members of the guer- New York. berg, which saw the ICC as a permanent rilla group Hezbollah, which says the successor to the Nuremberg Tribunal. But court serves US and Israeli interests. Three campaigns in one the German Chancellor’s office overruled Their eight appointed defence law- “A careful strategy was devel- the Foreign Ministry and put in yers asked the court to reconsider or oped,” according to Lagerwaard. Plans the Dutch corner. stay its decision to push ahead with the trial. In June, they also asked the would culminate in the Centennial cele- Professor Willem van Genugten, court to dismiss itself, claiming the bration of the 1899 Hague Peace Confer- who advised the Foreign Ministry in the STL was illegal and had no jurisdic- ence. “A huge event,” recalls Wim Deet- run-up to Rome, sums it up. “For many tion over the crime. Judges are still man, involving 10,000 NGO delegates. diplomats it was already quite clear rela- considering that request. Cleverly the Dutch planned to “interlace” tively soon that The Hague would be the the Centennial with the campaign to host core competitor and as you know diplo- Three main conditions the ICC, says Büchli. “Sometimes both mats and government leaders don’t like The chamber disagreed with the de- campaigns—ICC and Centennial—were competition if there is a big chance that fence counsel that the February deci- sion was discretionary and confirmed almost a co-production with the NGO they will lose the game.” Van Mierlo had that conditions for a trial in absentia community,” he said. And on the diplo- told staff that he preferred presenting an were met. The chamber is satisfied matic front, “it was an ideal story to ask unopposed bid. “We were able to report that the three main conditions have [our] ambassadors to promote with for- an internationally unopposed candidacy been met: the accused “had abscond- eign governments.” Instructions were in mid-spring ‘97,” recalls Büchli. ed or otherwise could not be found”, sent out to promote The Hague as a con- The Dutch made their bid public in “all the reasonable steps were taken sistent host of international peace con- September 1997, when Foreign Minister to secure [their] appearance”, and “all reasonable steps were taken to ferences, courts and tribunals over one Van Mierlo addressed the UN General inform [them] of the charges”. Assembly. Behind the scenes, civil serv- hundred years. “Speculative arguments of philosophi- Again, the ‘total football strat- ants started working out what exactly cal or in-principle disagreements with egy’ was on. For a while, it even seemed they would offer. In January 1998, the in absentia proceeding are irrelevant,” that the Dutch might frustrate their own Dutch funded an extra PrepCom meeting wrote the judges. Considering that ambition to host the ICC by overplaying in Zutphen in the east of the Netherlands, the prosecution and the national au- their diplomatic hand. They were also to clinch their position as hosts and hold thorities had undertaken all reason- lobbying for a non-permanent Security “discussions on and a tour of possible able steps to apprehend and inform the accused, the chamber found no Council seat. But according to instruc- sites for the ICC seat,” according to Büch- error in the February decision that tions approved by the Minister, the two li. Jaap Ramaker, then Dutch Ambassa- could lead to unjust treatment of the campaigns—ICC and UN seat—“were dor to the UN, was able to offer ten years’ four accused. Their indictment was not to be run simultaneously and not at free rent for the ICC when he addressed released in June 2011, along with an the same level,” says Büchli, “so as not to the PrepCom in April 1998. arrest warrant. allow any state to pick the ICC seat bid Post-Rome, the Dutch could qui- and be let off the hook in supporting our etly celebrate their diplomatic triumph. 27 millions transfered from Beirut Last week, the STL also confirmed Security Council candidacy.” The prospect of an actual ICC seemed the Lebanese government contribu- Taking the heat off the ICC cam- relatively far off—at least 60 countries had tion to the 2012 budget. “26,927,270 paign actually tipped the balance in The to ratify the statute. “We thought it would euros, amounting to 49% of the Hague’s favour, preventing any competi- take ages for it to start working” says Pro- tribunal’s budget, was transferred to tion from coming out in public. The ICC fessor van Krieken. “It took me and most the tribunal’s bank account,” a press negotiations were played out within the of my colleagues by surprise when four release stated. Asked yesterday in circle of legal advisers and diplomats years later we had the required number Beirut by the Daily Star “whether who did not seem to have competitive of ratifications,”—especially consider- the tribunal found it problematic that prime minister Najib Mikati trans- agendas. Neither did they seem to need ing massive American opposition to the ferred the funds without the permis- much convincing of The Hague’s pre- court. The crunch came sooner than ex- sion of the cabinet,” STL spokesman eminence in hosting international courts. pected, in 2002. The ICC was born, and Marten Youssef replied, “As far as As a result, two early ICC potential host suddenly the Dutch had to deliver on a weSubscribe are concerned, theto fundingthe IJT came candidates—Geneva and Vienna—with- range of sketchy promises (read Part III). from the LebaneseClick here government.”

International Justice Tribune No. 155 July 18 5 Copyright 2012 © RNW DUTCH SERIES P A R T 3 – T h e R e w a r d Mali: a plea for help Ahead of the ICC’s tenth anniversary, IJT looks at the Dutch historic hold-up on international jus- Mali plans to ask the International tice. In the last of a 3-part series, after the “coup” over the ICC (read page 4), we now look at the Criminal Court (ICC) to investigate economic and diplomatic benefits this unique opportunity brought to the country. killings, rape, torture and attacks on cultural sites in its rebel-controlled 3. Justice: a universal brand that north, the country’s Justice Minister Malick Coulibaly said on Thursday. brings in business by Janet Anderson, The Hague Coulibaly did not say when the request would be lodged, but he told A group of African dignitar- millennium it was not clear what the eco- Radio Internationale that a ies raise their smartphones to take nomic benefits would be. The Dutch are Malian government delegation would photos in the Peace Palace. As they extremely Calvinistic—making things dif- go to The Hague-based court to are introduced to courts of a century ficult when it comes to money issues,” file the request in the coming days. “Given that the north of Mali is not ago, a Ugandan Minister looks for his says Professor Peter van Krieken of Web- under the control of the legitimate country’s coat of arms on an embroi- ster University. But, says van Genugten, authorities, we think it is right to sub- dered chair at the Permanent Court of research by the municipality has helped mit the case to the court in order to Arbitration. tone down arguments. avoid impunity,” Coulibaly said. This new project—inviting justice From 2005 to 2010 the number of experts from around the world—is an international organisations in The Hague “A war crime” for Fatou Bensouda exercise in public diplomacy by the city increased from 72 to 199 and embassies On July 1, new chief prosecutor and the Dutch government. Its docu- from 95 to 111. Jobs in these institutions Fatou Bensouda spoke to AFP in Dakar. “My message to those in- ments describe its role as consolidating increased from 12,000 to over 18,000. volved in these criminal acts is clear. the Netherlands “as THE global centre of Employees’ spending power and the pur- Stop the destruction of religious excellence for peace and justice”. chase of products and services by inter- buildings now,” she said. “This is a It has taken since the triumph of national organisations in and around The war crime which my office has au- Rome in 1998 [read Part II], when The Hague support another 17,500 jobs. The thority to fully investigate.” Coulibaly Hague was selected as the seat of the Hague’s new slogan, ‘International City of said Mali would call for an investiga- International Criminal Court (ICC) for Peace and Justice’ is the key. The mayor, tion into crimes committed by MNLA separatists, Islamist groups Ansar the city to realise the potential benefits. told Dutch Honorary Dine and MUJWA and other fighters At first, the Dutch were caught sleeping Consuls last month that he was busy dating back to January. He confirmed when the ICC was born in 2002 ahead “put[ting] the Netherlands more firmly on that the destruction of cultural sites, of the predicted schedule and says Thijs the map over the next ten years as the mainly in the ancient city of Timbuktu Buchli (umlaut) of the Ministry of Foreign worldwide centre of expertise in the area which drew widespread international Affairs—the Dutch also had to deal with of peace and justice”. criticism, would form part of the internal disagreements over the new request. Local and foreign Islamists, court. The Ministry of Justice slogan at A 29,5 million euro think tank including fighters linked to al Qaeda, have hijacked a rebellion launched in the time was the Netherlands “shouldn’t In their report, van Genugten and January by secular Tuareg separatist end up as the criminal rubbish bin of two colleagues recommended making rebels, creating a security threat that the world.” Diplomats were concerned the city the place where “not only prac- regional and Western governments that setting up the court “shouldn’t be a tising law, but also studying and making have compared to Afghanistan. free ride for the rest of the world at the international law, is more relevant.” Van Netherlands’ expense” and argued for “a Genugten was asked to put his ideas Struggling and squabbling for unity proper cost-sharing arrangement,” Buchli into practice when he became Dean of West African leaders are still strug- gling to get Mali’s squabbling politi- says. The Hague Institute for Global Justice cians to form a national unity govern- William Pace of the Coalition for (HIGJ)—a brand new legal think tank. It ment that would request UN backing the International Criminal Court blames has received 17.5 million from the gov- for ECOWAS to help fight groups the Assembly of States Parties (ASP) ernment, more than 2 million from the occupying the north. Six west African for “negligence in not setting up a com- municipality and about 10 million in kind leaders called for the International petition and working out what the host from Dutch institutes over five years. “So Criminal Court (ICC) to investigate country would give and not give.” That that’s quite an investment,” he points out. ‘war crimes’ in northern Mali, in a lack of preparation dogged negotiations Ugandan deputy ambassador statement issued at the end of a summit on the crisis there earlier over financial rules and a permanent site Mirjam Blaak agrees that “coordination this month, after Islamist fighters for the court. When the end of the ten- was lacking” in the past and wonders destroyed tombs, described by the year rent-free period in temporary offices whether there was a degree of “compla- ICC as possible war crimes. The loomed this year, the ICC threatened to cency” within the Dutch government af- appeal came after Burkina Faso’s look elsewhere. But the Dutch agreed to ter getting the ICC. Now, she says, more President Blaise Compaore, the top pay another six months’ rent—3 million academic institutions are filling gaps. She mediator for ECOWAS and five other euros—and the court plans to pay itself believes the Dutch should take “an extra Malian leaders met in Ouagadougou. for the next few years. step to make the city more hospitable.” Absentees included interim president Dioncounda Traore, who is receiving Willem Genugten, professor of She was surprised when the intergovern- medical care in Paris since being at- law in Tilburg says the cost of interna- mental group, Justice Rapid Response, tacked in his office in May. No reason tional justice is a recurring theme in the didn’t get a more generous offer from the was given for the absence of Prime Netherlands. “At the beginning of the Dutch when they asked to relocate here. Minister Cheikh Modibo Diarra.

International Justice Tribune No. 155 July 18 6 Copyright 2012 © RNW A better offer came from Switzerland, the legal institutions also portrays interna- ICC’s Kenya trials to start where they are setting up headquarters. tional justice as a “high potential niche for during presidential run-off At city level, money—hundreds Dutch foreign policy.” The International Criminal Court (ICC)decided on July 9, to set the of thousands from its own pot and Dutch But some Dutch officials worry. commencement date for the trials in ministries—is invested in finding syner- Warner ten Kate, former political advi- the two Kenyan cases—one against gies between legal institutions and busi- sor to the UN at the Juba peace talks, William Ruto and Joshua Sang and ness counterparts through organisations describes Dutch support for international the other against Francis Muthaura such as The Hague Security Delta and justice as “very extreme”. He says, “It and Uhuru Kenyatta, respectively - for The Hague Utilities for Global Organisa- doesn’t allow much space for other con- 10 and 11 April 2013. At the last public tions. The city spent more than 13 million siderations to do with conflict resolution. I status conference in June, Muthaura’s euros this year on city marketing, with mean these things do tie your hands dip- defence lawyer Karim Kahn pleaded over 350,000 hotel guests expected. lomatically.” He cites tensions earlier this desperately for his client’s trial to start “this summer”. The three other ac- At national level the Ministry of year around the South Sudan independ- cused agreed with the prosecution that Foreign Affairs put more than 100 million ence referendum. Dutch Development the trial should start next year. euros into strengthening international Minister Ben Knapen argued that despite Judges decided to “synchronise” the law and respect for human rights, as “a the ICC’s arrest warrant against Suda- two trials and to start them one month strong international legal order requires nese President Omar al Bashir for geno- after the general election in Kenya, well-functioning international institutions cide, it was important to engage with him. scheduled for March 4, 2013. Two of with broad public support.” Over the “Al-Bashir going down might destabilise the four indictees intend to compete for last decade, according to ASP budgets, the North. But you need a government the presidency. The son of Kenya’s first Dutch contributions to the ICC amounted that is able to deal with this appropriately. president, Uhuru Kenyatta, a former deputy Prime Minister who had to to nearly 22 million euros. This year’s Chaos is in nobody’s interest,” he said resign from his last position as Minister contribution is almost 3 million - in addi- in an interview with Radio Netherlands of Finance after the ICC confirmed tion to the rent subsidy. Worldwide. charges against him in January. And Part of the new emphasis lies on “It was a fragile situation so that’s William Ruto, an MP from Eldoret potential economic benefits for Dutch why he said it,” says Ten Kate. But then North Constituency, who also had to companies. At The HIGJ, one project there was “noise from pro-international resign from his last post as Minister of involves development of a bio-economic justice circles. And he tried to claw back.” Agriculture due to the ICC accusations. dispute resolution mechanism. “This is The implications are “that Knapen is not Uhuru and Ruto both want to block about companies in the Netherlands capable of making a potentially better current Prime Minister Raila Odinga’s bid for the presidency. But the polls are and elsewhere using natural resources,” policy towards Sudan that takes ques- actually predicting that no candidate explains van Genugten. Seed mon- tions around stability into account. He is can be elected in the first round, says ey—300,000 euro—comes from the obliged to take the route of simply sup- the Standard Digital. And “the expec- Ministry of Economic Affairs. Minister porting the ICC and nothing else. It’s a ted date for the run-off vote is April , opening the HIGJ limitation on policy options.” 10, when the trial in the first Kenya last year, noted the ”links between global case involving Ruto begins,” writes the justice and the economic realm,” saying The Hague as a new brand newspaper. By the end of the month, they are “two sides of the same coin. Ul- “The Hague cannot take its lead- says Chief Justice Willy Mutunga, the timately responsible business conduct ing position as city of peace and justice High Court should decide on Uhuru and Ruto’s integrity and capacity to benefits everyone.” for granted. Maintaining that privileged participate in the elections. Even in a long-established tri- position demands constant care and at- The four have been charged by the bunal such as the Permanent Court of tention,” says van Genugten. “Diplomatic ICC with crimes against humanity for Arbitration (PCA), the emphasis has efforts should not stop, but should be their role in the violence that erupted shifted from arbitrating between states to accompanied by a combination of the after the last elections in 2007. solving problems for investors. It’s a “rap- practical and the PR world. Economics is idly-expanding area of law” according to important—it leads to extra jobs and extra Radio Netherlands Worldwide Witte Kruislaan 55 new Secretary-General Hugo Siblesz. economic attention for The Hague. But PO box 222 There is a “growing network of bilateral also important is the immaterial, strength- 1200 JG Hilversum The Netherlands investment treaties,” he adds—more than ening our image as the country of Grotius telephone: + 31 35 6724533 3,000 and the PCA is now being called in and peace conferences, and competing e-mail: [email protected] when there are disputes. as a world city.” Managing editor: From a diplomatic perspective Hugo Siblesz of the PCA is sure Arjen van Dijkhuizen the Netherlands expects to profit from the world is starting to recognise what the [email protected] Editorial coordinator: Franck Petit championing justice and the ICC. Mayor Dutch have to offer. “When you read the [email protected] van Aartsen—who was Foreign Minister Economist or International Herald Tribune Editor: Geraldine Coughlan Editorial team: when the ICC came into being—likes to or an African newspaper, you see a new Richard Walker tells audiences abroad that international phrase is coined: ‘He will be sent to The Lauren Comiteau Josephine Uwineza justice is the “vocation of Holland” and Hague,’” says Krieken. “The Hague is an that “the Netherlands ha[s] a leading role institution in itself. It’s tremendous.” The to play in a supranational legal commu- new brand may well succeed, but are its Subscribe to the IJT nity.” The new project bringing visitors to true long-term benefits a certainty? Click here

International Justice Tribune No. 155 July 18 7 Copyright 2012 © RNW