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Monday, 12 March 2012 - A decade on, war crimes court's first verdict |
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      Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Legal Deals Earnings Social Pulse Business Video The Freeland File Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Election 2012 Issues 2012 Candidates 2012 Tales from the Trail Political Punchlines Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Social Pulse Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Bernd Debusmann Nader Mousavizadeh Lucy P. 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Tue, Feb 28 2012 Syria approves new constitution amid bloodshed Mon, Feb 27 2012 Prisoner of Zintan: Gaddafi son in Libyan limbo Fri, Feb 24 2012 Analysis & Opinion We are letting Assad win Grading Canada’s enforcement efforts Related Topics World » By Anthony Deutsch AMSTERDAM | Mon Mar 12, 2012 11:28am EDT AMSTERDAM (Reuters) - The world's first permanent war crimes court opened nearly a decade ago, promising accountability for brutal tyrants, justice for victims and swift trials for perpetrators. On Wednesday, the International Criminal Court will hand down its first ever verdict, a ruling in the case of Congolese warlord Thomas Lubanga Dyilo, who was detained six years ago and faces two war crimes charges. Lubanga's case may be a milestone, but he is a low-ranking player. The court has yet to go after key individuals responsible for the crimes against humanity and genocide included in its mandate. Courts are judged by the cases they take on and the legal precedents they set. Lubanga's verdict is years later than planned. The court's slow progress is a source of disappointment in countries where crimes still go unpunished. "The prosecutor is woefully behind schedule. We are all relieved we got to this point," said William A. Schabas, professor of international law at Middlesex University. "But the big legal judgments of the kind we had at the Yugoslav and Rwanda, Sierra Leone tribunals we are still waiting for from the ICC right now. The ICC has not yet done that," he said referring to the temporary U.N. courts that preceded the ICC. Prosecutors accused Lubanga, 51, of conscripting child soldiers under the age of 15 to fight for Congolese rebel forces during a five-year war that killed tens of thousands of people. With the backing of 120 countries, the International Criminal Court has launched investigations in seven conflict regions, all of them African, since it opened in The Hague, Netherlands, in 2003. The court's jurisdiction is limited to nations that ratified its statute, or so-called referrals, when governments or the U.N. Security Council authorizes it to intervene, such as in Libya last year. Schabas was critical of lead prosecutor Moreno Ocampo for focusing on a confined group of African countries. "He avoided situations where he would be likely to step on the toes of permanent members of the Security Council, from Afghanistan to Gaza, to Iraq to Colombia," Schabas added. NO POLICE FORCE The court has no police force and relies on the support of states to deliver suspects for trial so needs friendly ties with countries to execute arrest warrants. Three of the permanent U.N. Security Council members - China, the United States and Russia - have not signed up to the court. This means cases cannot be pursued that upset those major powers. The ICC has also been hampered by legal bureaucracy and political opposition that sidelined it during some of the worst bloodshed since World War Two. In the past decade, fallen strongmen have often faced mob justice, rather than courtroom proceedings. Saddam Hussein's videotaped hanging went viral on the internet after his U.S.-led trial in wartime Baghdad was marred by the assassination of judges and lawyers. Libya's Muammar Gaddafi was killed on the street by rebel fighters. The court has not intervened in Syria, which is not a member, even though the U.N. says thousands of civilians were killed by forces under the command of President Bashar al-Assad. Still, the court had important achievements, most notably the U. N. Security Council referral of Libya's case and arrest warrant for Saif al-Islam Gaddafi, son of the country's late leader. It also issued warrants for several members of the Sudanese government, including President Omar Hassan al-Bashir and Defense Minister Abdel Raheem Muhammad Hussein. Lubanga's verdict will be a small development in the slow emergence of international justice, which stood still for about half a century from the Nuremberg trials of Nazi Germany in the 1940s until the a U.N. court tried the late former Yugoslav president, Slobodan Milosevic. If nothing else, the verdict against Lubanga will remind the public the court is active and free its docket for new cases. "It will be really important for the ICC's credibility as an institution," said Lorraine Smith van Lin, of the International Bar Association in The Hague. "This is the first, and it's important we see them deliver." (Additional reporting by Sara Webb) World Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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