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October 31, 2005
Carla del Ponte, Chief UN War Crimes Prosecutor, Speaks About the Ideals of Justice
As Chief Prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) at The Hague, Carla Del Ponte usually gets to ask the questions. But not on October 26, when she took questions from Fletcher students eager to hear the insights of the formidable Swiss-born woman who has been referred to by the media as arguably the most powerful criminal lawyer in the world.
Having prosecuted former Yugoslav President Slobodan Milosevic, Rwandan government officials during her term as Chief Prosecutor for the International Criminal Tribunal for Rwanda, members of the Sicilian Cosa Nostra, Russian mobs, and the Colombian drug cartel, and notorious money launderers, Ms. Del Ponte certainly matches this description.
In a lecture organized by the Fletcher International Law Society, Ms. Del Ponte spoke about the challenges being faced by the ICTY in fulfilling its mandate of bringing to justice those responsible for the commission of serious violations of international humanitarian law in the former Yugoslavia since 1991 that caused the death and displacement of hundreds of thousands of people.
“The greatest challenge for the ICTY is to be able to achieve justice for the victims of the conflict. Justice for the victims and the survivors requires a comprehensive effort at the national and international level,” Ms. Del Ponte said.
Adam Day, a second-year Fletcher MALD student who worked as an intern at the ICTY last summer, asked Ms. Del Ponte about the level of cooperation of national governments and witnesses with prosecutors in war crimes trials in local courts in the former Yugoslavia.
Ms. Del Ponte replied that while the ICTY is closely monitoring the conduct of trials by local courts to ensure their fairness and objectivity, it ensures that the state’s sovereignty is still respected by not intruding in the way it handles its domestic affairs.
“Success is not guaranteed because of many problems,” she said. “There has been some progress in building-up the capabilities of local courts in trying war crimes. However, most of them remain subject to political pressure. Witnesses also fear that they will not be able to receive protection and are afraid of coming out.”
She continues: “We are not always well-received by national governments, not just the Balkan states, but some other governments whose cooperation we need to deliver the fugitives that we have established to be in their territories.”
Ms. Del Ponte cited the example of Bosnia and Herzegovina. “While we had previously been experiencing problems with their officials, we are getting the cooperation we want now from the Minister of the Interior, in particular. However, the problem is the institutions at the local level—the police, army—who harbor the fugitives, making it difficult to establish their whereabouts to enable us to effect their arrest.”
Ms. Del Ponte said that she has persisted in complying with the mandate given to her by the UN by largely ignoring the consequent political pressure attached to her position.
“When I sit in my office to do my job, I am thinking only of judicial matters. Otherwise, I will not be able to issue indictments if I keep on thinking of the political consequences of my actions,” said Ms. Del Ponte, who has survived a serious attempt on her life.
In 2001, the ICTY made history when it convicted three Bosnian Serbs in the first war crimes trial dealing exclusively with sexual offenses. The event created a new awareness for rape as a tool of war and a crime against humanity, and it was impossible not to associate the conviction with Ms. Del Ponte, who has demonstrated strong compassion for the victims of war crimes.
Ms. Del Ponte also talked about the next goals of the ICTY.
“The remaining fugitives like (Radovan) Karadzic and (Ratko) Mladic must be brought to justice because they were the ones who ordered the ethnic cleansing,” she said, referring to the Bosnian leader and army chief who led the mass killing of about 7,500 Muslims in Srebrenica in 1995.
She added, “The UN wants to close the trials by 2010 when the ICTY completes its mandate. However, that will not be possible without Karadzic, Mladic and the other perpetrators being tried at The Hague.”
Kristina Jeffers, a second-year MALD student, inquired on how the international community can pursue justice for the victims of the war crimes while the domestic systems are still in turmoil.
Ms. Del Ponte said that a Truth and Justice Commission may be formed in the future with the objective of seeking truth and reconciliation.
“We first have to obtain justice. We can pursue reconciliation only after we have achieved the justice that we want for the victims and survivors. After all, if you are a victim, it is difficult for you to see those who are guilty going around freely,” Ms. Del Ponte said, leaving no doubt that she is fired by the ideals of justice.
Article by Sharon R. Rivera, MALD '07
Posted by jessica at October 31, 2005 03:54 PM
