
PROSECUTOR (MOTION PICTURE) {EDITED VERSION}
Summary
A documentary film about Luis Moreno Ocampo, Chief Prosecutor of the International Criminal Court, and his first few cases in that position. Luis Moreno Ocampo, the first Chief Prosecutor of the International Criminal Court, works from The Hague in the Netherlands trying war criminals and perpetrators of genocide. He adamantly believes in the concept of global justice. To that end he seeks to arrest several leaders, most prominently Omar Al-Bashir, President of Sudan. In 2003, Darfur rebelled against the Sudanese government; the brutal ensuing conflict killed hundreds of thousands of Darfuri and displaced millions more. Ocampo seeks to charge Al-Bashir with war crimes, crimes against humanity, and especially genocide. On July 14th, 2008, Ocampo publicly announces his intent to arrest Al-Bashir. Al-Bashir responds that he will fight the ICC's decision. The court has no power to arrest someone and must rely on their member states to do so. Ocampo is from Buenos Aires, and helped to convict leaders involved in the Argentinean Dirty War during trials held in 1985. He recounts the difficulty he had listening to witnesses, mostly victims of rape and torture. Despite the enormity of that task, he refers to it as "training" for his position at the ICC. In January 2009, the ICC is finally ready to begin its first trial: that of Thomas Lubanga of the Democratic Republic of Congo. He is charged with the use of child soldiers during the Congo civil war between the Hema and Lendu peoples. Ocampo undergoes preparation for the case with the ICC lawyers. There is some dispute about Ocampo's opening statement, which is charged with emotion. Before the trial he meets with Benjamin Ferencz, one of the prosecutors of the Nuremberg Trials. He notes how Nuremberg was "easy" given the level of control and access the prosecutors had there, as opposed to modern international criminal proceedings. The ICC's originated in 1998 at a conference in Rome, where 120 countries joined together to create a permanent global court where enormous crimes could be addressed. Several powerful nations, such as China, Russia, and the United States, did not agree to the court. The ICC formally began in 2002. The ICC begins the Lubanga trial on January 26th, 2009. The prosecution is led by Ocampo and his deputy prosecutor, Fatou Bensouda. Ocampo repeatedly notes that "the era of impunity is ending." Public opinion is divided about the effectiveness of the Lubanga trial on the child soldier problem; Ocampo believes it is having a positive impact. During an interview with the BBC, Ocampo talks about the Palestinians approaching him about the situation in Gaza; it is the first time he has made public mention of it. Israel attacked Gaza in December of 2008, resulting in 13 Israeli and over 1,300 Palestinian deaths. The Palestinians want the ICC to open an investigation on it, but due to Palestine's ambiguous status as a nation and the United States' involvement with Israel, the ICC has yet to act. Ocampo believes the law should apply equally to everyone, and is "tired of double standards." The Lubanga trial gets off to a rocky start as one of the prosecution's witnesses reverses his testimony mid-trial. Ocampo is also working on a case against Lubanga's enemy, Mathieu Ngodjolo, for massacring hundreds of civilians. Ocampo is also still working on the Al-Bashir case; demonstrations spring up around the world both in favor of and against Ocampo. On March 4th, 2009, the ICC announces that a warrant is out for Al-Bashir's arrest, charging him with war crimes and crimes against humanity. Ocampo is pleased, but frustrated that the charge of genocide was not applied as well. The Sudanese put on violent protests against Ocampo, and Al-Bashir expels 13 aid groups from Sudan as retaliation against the warrant. Ocampo hopes to arrest Al-Bashir as soon as he leaves Sudanese airspace. However, Al-Bashir manages to make visits outside his country, being careful not to visit any of the ICC's member states. Ocampo interprets this as a taunt of sorts, undermining the ICC's authority. Despite the risks to their people, Darfur still wants Ocampo to arrest Al-Bashir. African leaders attack the ICC, believing they are being unfairly targeted. They ask the United Nations Security Council to intervene. Ocampo talks about maintaining impartiality and meets with experts about the Gaza situation. If the ICC investigates Gaza, they run the risk of further alienating the United States. Ocampo notes that he is collecting information and could potentially prosecute Americans and Canadians for war crimes in Afghanistan. The Lubanga trial continues, progressing much better for the prosecution's side. Ocampo receives word that witnesses in the Congo are being threatened, and travels there personally in hopes of protecting them. He visits the village of Zumbe, Ngodjolo's hometown. Zumbe was raided by Lubanga, and subsequently led by Ngodjolo in an attack against a nearby village. Both sides seem to convey themselves as victims, not perpetrators. Ocampo does his best to persuade them to cooperate, comparing himself to a football referee in that he has "no fans" yet is absolutely necessary. He receives word that President Museveni of Uganda has invited President Al-Bashir to a meeting in Uganda. Uganda is a member state of the ICC, meaning that they are legally obliged to arrest him if he enters the country. However, it is unclear if they will due to their political entanglements with Sudan. If Al-Bashir is permitted to arrive in Uganda without arrest, it could spell disaster for the authority of the ICC. Ocampo travels to Uganda, but seems unruffled by the dilemma, calling it "another little stone in the way." Problems occur when President Museveni postpones their meeting and has Ocampo issue a press conference with a junior minister. Finally Ocampo meets with Museveni; their meeting proves inconclusive. However, Al-Bashir ultimately decides not to visit Uganda; Ocampo interprets this as a victory, as he has hemmed Al-Bashir in his own country. Next, Ocampo meets with the United Nations Security Council in an effort to prevent their intervention with the Al-Bashir case. He testifies before them and they decide not to interfere, much to the displeasure of the Sudanese ambassador. Sudan signs a peace agreement with Darfur, easing the situation slightly. Ocampo believes that Al-Bashir's arrest is inevitable. Benjamin Ferencz visits Ocampo at the ICC again, calling his progress "fantastic." The film ends as Ocampo recounts that despite all his work, the ICC is still a work in progress and he is proud to be a part of what he sees as a change in history.
Details
- NETWORK: N/A
- DATE: November 30, 2010
- RUNNING TIME: 1:03:51
- COLOR/B&W: Color
- CATALOG ID: 106416
- GENRE: Public affairs/documentaries
- SUBJECT HEADING: Public affairs/Documentaries
- SERIES RUN: N/A
- COMMERCIALS: N/A
CREDITS
- Peter Raymont … Executive Producer, Producer
- Silva Basmajian … Executive Producer
- Julia Bennett … Producer
- Lea Martin … Producer
- Kelly Jenkins … Supervising Producer
- Barry Stevens … Director, Writer
- Erna Paris … Based in part on the book "The Sun Climbs Slow: the International Criminal Court and the Struggle for Justice" by
- Aaron Davis … Music by
- John Lang … Music by
- Barry Stevens … Narrator
- Luis Moreno Ocampo … Cast
- Béatrice Le Fraper … Cast
- Florence Olara … Cast
- Mahmood Mamdani … Cast
- Sara Criscitelli … Cast
- Nick Kaufman … Cast
- Benjamin Ferencz … Cast
- Fatou Bensouda … Cast
- Thomas Lubanga … Cast
- Nicola Fletcher … Cast
- Jeremy Paxman … Cast
- Adrian Fulford … Cast
- David Charter … Cast
- Silvana Arbia … Cast
- Omar Al-Bashir … Cast
- Jay Sekulow … Cast
- Emmanuele Mgabu … Cast
- Oryem Okello … Cast
- Yoweri Museveni … Cast
- Crispus Kiyonga … Cast
- Abdalmahmood Mohmad … Cast
- Laurence Blairon
- Ali Khashan
- Mathieu Ngodjolo