WEBVTT

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[sil.]

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[music]

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At the beginning of a century that
has seen so many victims of war,

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there is one crucially important development – a
new commitment to the international rule of law

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to punish war criminals everywhere.

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[music]

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It’s been 60 long years since the
world first said never again.

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Then the Nuremberg Charter offered a new way
forward. The wrongs which we seek to condemn

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and punish

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have been so calculated, so malignant, and so
devastating, that civilization cannot tolerate

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their being ignored,

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because it cannot survive
their being repeated.

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Yet during the following
decades of the cold war,

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those proved empty words – the superpowers wouldn’t
agree to international trials for war criminals.

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In Guatemala, for example,

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those who gave the orders for
200,000 deaths 20 years ago,

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are still free. In Chile,

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three decades on, they still await
for their dictator to be tried.

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For years, no one heard the

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victims’ cries for justice,
perhaps now they’ve been charged.

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[music]

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It’s a critical time, because in 2002,

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the International Criminal Court
was established. To date,

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100 countries have become members,
agreeing to ask the court

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to act if they are unwilling or unable
to prosecute war criminals themselves.

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Already it’s conducting its first case.

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The case of the Prosecutor
versus Thomas Lubanga Dyilo.

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This warlord, from the
Democratic Republic of Congo,

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is charged with forcing children, as young as
eight, to fight vicious battles with his militia.

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So there are great hopes for the court.

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But there’s still a major problem –
some countries have refused to sign on,

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including the world’s remaining superpower.

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I made a decision not to join the International
Criminal Court in The Hague, which is where our troops

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could be brought to uh… brought in front
of a judge, an unaccounted judge.

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The ICC is the child of
long years of negotiation

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between many countries. But
the US opposition makes its

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initial steps fragile. Mr. Philippe Kirsch,

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the Assembly of States Parties elected you to be a judge at the
International… The court’s president is Canadian, Philippe Kirsch.

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Justice is something that should apply
to all equally. I’m determined myself

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to do everything I can to
ensure that the court succeeds

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in delivering justice as it should.
It was very clear many decades ago

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that justice was not applied as it
should, that leaders who ordered

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or tolerated uh… major crimes
uh… remained unpunished.

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[music]

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For the first time since Nuremberg, the concept
of international justice for war crimes

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reemerged in the ‘90s.

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It came of age during the Kosovo crisis.

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Here Serb forces

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were torching towns and deporting
and killing Kosovar Albanians.

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Finally, NATO intervened,
led by the United States.

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Kosovo’s crisis now is full-blown.
We all agree

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that we cannot allow President Milosevic
to continue the aggression with impunity.

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But during the (inaudible),
the massacres continued.

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[music]

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[sil.]

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When the world finally agreed to
charge those most responsible

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for barbarity in the Balkans, the United Nations
set up the International Criminal Tribunal

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for the former Yugoslavia. The
tribunal will make history,

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when chief prosecutor Louise
Arbour issued the first indictment

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ever against a sitting head of state. I
presented an indictment for confirmation

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against Slobodan Milosevic and four others,
charging them with crimes against humanity –

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specifically murder, deportation,

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and persecutions, and the violations
of the laws and customs of war.

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The indictment was confirmed by… Slobodan
Milosevic’s indictment and trial

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have become a symbol for international
justice. The tough question

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would have been for somebody to say to me, “And
when exactly do you think this is going to happen?”

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Now, that’s… this is a little more
difficult. But I expressed confidence

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from day one. From the time I made public the indictment
against Milosevic, I expressed my total confidence

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that one day he would be tried. The
Prosecutor versus Slobodan Milosevic.

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Two years later, Slobodan Milosevic
was transferred to the Hague –

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his trial would last years. The
prosecution relied on evidence

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provided by investigators on the ground.

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One investigation focused on a day of slaughter
by Serb forces around the village of Meja –

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Kosovar Albanians, totaled
300 civilians missing,

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the amount of dead bodies
removed from temporary graves.

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It was up to the tribunal’s war crimes
investigators to find out what happened.

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Paolo Pastore Stocchi has agreed to
return to the scene of the crime

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and explain his work. I
work as an investigator

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at the office of the prosecutor for the International
Criminal Tribunal for the former Yugoslavia.

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My task is collecting
evidence on war crimes

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and to provide prosecutors
with this evidence in order to

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prepare indictments against the
suspects, the war criminals.

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You can’t afford to make mistakes, particularly
the case regarding Slobodan Milosevic.

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It… It was such important case that
we couldn’t fail. Our investigations

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are absolutely important for…
for the future of this world.

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Bit by bit, Pastore Stocchi pieced together a
picture of the day of the mass deportation

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and murder in this area, carried out
by the Serbian army and militia.

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These are my witnesses, you see.

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We can… We can go in? Slowly, slowly

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I obtained crucial information
that we needed to… to start

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serious investigation. And Martin
Pnishi had witnessed executions

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of civilians from one of his
windows of… of his house.

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[sil.]

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After the… the massacre,

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other witnesses came here.
They saw blood stains here,

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clearly, that dead bodies

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had been left in a… in a row
and… and obviously the grass

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was still stained with blood.

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Witnesses claimed

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300 civilians missing around the
area, but the investigation

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was problematic from the start. The forensic
team found only a few body fragments,

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the rest had vanished.

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The bodies were not found,

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so it was hard for us to believe that
such a high number of people were killed,

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and then they disappeared. You know,
there was no strong evidence of that,

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you know. But on the other
hand, you cannot believe that

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it was a collective madness or vision of people
who said that the… having seen bodies piled

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in a certain place and then it wasn’t true.
And the mystery deepened.

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Merita Dedaj was 16 at the time.
Her family was forced at gunpoint

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from this house near Meja, women and
children were herded into the convoy,

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and the men were lined
up against this wall.

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[sil.]

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And uh… And your relatives were?
Once again,

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no bodies were found.

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I solemnly declare that I will speak the truth,
the whole truth. Merita Dedaj was to become

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a witness for the prosecution
at the Milosevic trial.

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A lawyer, Milosevic defended himself. Though
Kosovar Albanians were also on trial here,

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he derided the process as
propaganda – victor’s justice.

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Now, who are these people who you say
were killed 20 meters away from you,

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that you claim were killed by the soldiers?

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These people were my father, my
uncle, and my cousin – aged 16 –

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and six other members of the family. Saw
them being shot at and lying on the ground,

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but we have never found the bodies and we don’t know
what happened to them. And you yourself know very well,

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because you did this. You have different
level umm… uh… of investigation

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in… in… in war… in war crimes.

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Uh… You… You deal with a… with a crime-based
investigation because, of course,

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you need to prove that certain
crime has been committed,

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therefore you need to get in touch with the victims
who can tell about what they saw, what they heard.

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And there is another level which involves
the research of chain of command.

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We tried to find out who
ordered these crimes.

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In the ICTY we indict
politicians, military leaders,

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president of a state,
therefore it is very tough,

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because you are to prove that the chain
of command arrives to the top level.

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[sil.]

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Door 16. Door 16. It’s nine.

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How is it possible? Now, listen?
After a lot of searching,

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he found a Kosovo Albanian, who
actually served in the Serb army,

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and had vital inside information
about who had ordered the massacre.

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Hello, good morning. How are you?
All is well? All is well?

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Uh… He’s ah…

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He’s Nikë Peraj. Nikë Peraj had
even seen the massacred bodies

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before they disappeared. How are you?
They knew that

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uh… the investigation would change
dramatically from that moment.

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We had a new testimony from Nikë Peraj.
Nikë Peraj

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testified about a meeting he’d attended.
He’d heard a Serbian general

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upset over a colleague’s murder
give the order for the massacre.

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You told the court about a military uphold
of the engineer prepared the next day.

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Is that right? The report was to inform

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the supreme command of what had
happened in that operation

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which was undertaken. So the prosecution could
prove military orders for the massacre,

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but at what level in the chain of command? And
there was still the mystery of the missing bodies,

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whose bullet wounds could provide
more vital evidence. The bodies

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were… were… were removed,
were… were transferred, were…

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to hide evidence and to prevent
bodies from… from speaking to us.

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Five years on, relatives of the massacred
still search for their loved ones.

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It’s taken time,

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but thanks to the tribunal’s
painstaking investigations.

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The bodies are finally being bought back from
Serbia. To hide the proof of the massacre

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from the tribunal’s war crimes
investigators, these bodies were trucked

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out of Kosovo and hidden in Serbia.

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[music]

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The most incriminating evidence is that bodies
from the Meja massacre were unearthed beneath

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the firing range on a military compound –

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only someone very high up
could have ordered that.

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[music]

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Many victims cannot come before you, because
they did not survive. In the proof…

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The discovery of the mass graves
in Serbia provided vital evidence

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for the tribunal. Carla Del Ponte
is now the chief prosecutor.

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The bodies are finally taken
to the Kosovo morgue,

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to tell their dreadful
secrets to forensic workers,

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and then be finally
reunited with the families.

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[music]

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The moment that pathologists

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perform the autopsy, it is the
very last chance for the victim

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to tell his or her through. After that

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little (inaudible) and then it’s up to us

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to bring justice to this myth.

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[sil.]

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[music]

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Without the international tribunal’s work,

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the relatives of the massacred would never
have known what happened to their loved ones

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or been able to bury them.
But they won’t see

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Slobodan Milosevic convicted, because
he died in his own on March 2006.

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[music]

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However, the people here do know that the
world has recognized their suffering.

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[music]

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You see that people like Slobodan Milosevic

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and others would think twice before doing

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what Milosevic did. They
won’t go unpunished.

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International justice is… is not
an optional, it’s an imperative,

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it’s a must. We can’t argue about it.

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Several regional tribunals,

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like the one for the former Yugoslavia, have
been established. But because they are set up

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by the United Nations Security Council, whose
five permanent members have the power of veto,

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they lack true legal independence.
A permanent self-governing court

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was the next step forward for the world.

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In July 2002,

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the International Criminal Court
– the ICC – was established

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to investigate crimes after that date.

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I think the International Criminal Court is the
kind of irreversible step forward towards uh…

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universal accountability for, of
course, the most atrocious uh…

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infringements of fundamental human rights.

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If we’re going to avoid repeating
the 20… uh… 20th century,

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which was the bloodiest, most violent,
most war-ridden century in all of history,

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then we need to insert
justice and the rule of law

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as quickly as possible and as comprehensively
as possible into international affairs.

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This is a court of last resort.
Its principle of

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complementarity requires member countries
to first prosecute their own crimes.

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If that proves impossible, they
can ask the court to takeover.

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In those situations where
the national authorities

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are either unable or unwilling to
do their job, it is imperative

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for the international community
to step in, in one form

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or another, uh… and assist or uh…

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insist uh… that justice be done,

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first and foremost for the victims of those
crimes. But not all countries have signed on,

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including the world’s remaining superpower. I
wouldn’t join the International Criminal Court.

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This is a body based in The Hague where

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unaccountable judges, prosecutors,

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could pull our troops, our
diplomats up for trial.

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And I wouldn’t join. And I understand that in
certain capitals of, around the world that

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that wasn’t a popular move.

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But it’s the right move not
to join a… a foreign court

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that could… where our
people could be prosecuted.

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It is clear that the support from the United
States would be very helpful to the court.

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I believe that the legal
foundation of the court

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is so strong that the argument that there
could be politically motivated prosecutions

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or that a prosecutor uh… could be

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somehow unguided or
unfounded, not only unfounded

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but even difficult to understand.

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Many people in the US government, and particularly the Pentagon,
believe that the world is better if you have an unfettered America.

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They believe that the world should trust in the
benevolent intentions of America’s leaders

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and that, you know, pesky things like the Geneva
Convention shouldn’t be allowed to stand in the way. Now,

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they don’t usually say that blatantly, although
the Bush administration has gotten pretty close,

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umm… but that is the dominant attitude. They… They talk
about the metaphor of… of Gulliver and the Lilliput

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to some. The United States being Gulliver
and… and those umm… little, you know,

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International Criminal Court lawyers umm… being the Lilliputs who
are trying to bind Gulliver. Umm… They want an unbound Gulliver.

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They believe that the world is best off. And I think
that frankly that approach is incredibly short-sighted.

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Mr. Luis Moreno Ocampo, the Assembly of States
Parties elected you to be the prosecutor

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of the International Criminal Court.
May I kindly ask you to approach…

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It is hard to understand how American soldiers
could be dragged here. The court only

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prosecutes those who give
the orders for a trustee.

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In spite of the opposition, the
court has started its work.

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One of its first investigations is into
crimes against children in Northern Uganda.

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It’s been requested as per the
mandate by that country’s president.

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Northern Uganda is a…
is a very complex case.

00:24:20.000 --> 00:24:24.999
[music]

00:24:25.000 --> 00:24:29.999
My daughter was asleep when the rebels of the
Lord’s Resistance Army stormed the school.

00:24:30.000 --> 00:24:34.999
They came through the gate,

00:24:35.000 --> 00:24:39.999
through the compound, and they
walked right to the dormitory,

00:24:40.000 --> 00:24:44.999
and so they took our
children just like that.

00:24:45.000 --> 00:24:49.999
Angelina Atyam has become the voice of
helpless children in Northern Uganda,

00:24:50.000 --> 00:24:54.999
after her own daughter was abducted
from this boarding school.

00:24:55.000 --> 00:24:59.999
My daughter was asleep on this bed,

00:25:00.000 --> 00:25:04.999
the lower deck. They banged
on the window telling them

00:25:05.000 --> 00:25:09.999
to open otherwise they threatened
to blow up this building.

00:25:10.000 --> 00:25:14.999
They tied the children as slaves
using their sweaters and clothes,

00:25:15.000 --> 00:25:19.999
and they took them captive.

00:25:20.000 --> 00:25:24.999
The loss of my daughter was like,

00:25:25.000 --> 00:25:29.999
there was a rift, there
was a gap in our family.

00:25:30.000 --> 00:25:35.000
[music]

00:25:50.000 --> 00:25:54.999
Every night, 30,000 children leave
their rural homes and trek many miles

00:25:55.000 --> 00:25:59.999
to towns to seek safety from abduction
by one of the most dangerous men

00:26:00.000 --> 00:26:04.999
in the world, Joseph Kony. Children are

00:26:05.000 --> 00:26:09.999
stricken with fear as they trek down
trying to look for a… a safer area

00:26:10.000 --> 00:26:14.999
to spend the night. They risk their lives

00:26:15.000 --> 00:26:19.999
moving alone in the evening
without their parents.

00:26:20.000 --> 00:26:24.999
They risk being even raped. They risk being

00:26:25.000 --> 00:26:29.999
beaten by anybody. And their
risk even be re-abducted.

00:26:30.000 --> 00:26:34.999
The hope is that the intervention of the

00:26:35.000 --> 00:26:39.999
new International Criminal Court can
help end the plight of the children

00:26:40.000 --> 00:26:44.999
that the world has forgotten.

00:26:45.000 --> 00:26:49.999
But it’s not going to be easy. While the
fighting continues, the children are forced

00:26:50.000 --> 00:26:55.000
to be both victims and victimizers.

00:27:25.000 --> 00:27:30.000
[music]

00:27:55.000 --> 00:27:59.999
Oh yes!

00:28:00.000 --> 00:28:04.999
Some are being forced to
kill their own parents,

00:28:05.000 --> 00:28:09.999
to discourage them from coming home
when the… when the rebels take them.

00:28:10.000 --> 00:28:14.999
The bullets

00:28:15.000 --> 00:28:19.999
have been flying for years. The
war has not come to an end.

00:28:20.000 --> 00:28:24.999
[music]

00:28:25.000 --> 00:28:29.999
Everyone suffers. The Ugandan army
has moved the people into camps

00:28:30.000 --> 00:28:34.999
to protect them from the fighting.

00:28:35.000 --> 00:28:39.999
[sil.]

00:28:40.000 --> 00:28:44.999
Every time I come to discuss,

00:28:45.000 --> 00:28:49.999
I get filled up with pain.
Look at our kids,

00:28:50.000 --> 00:28:54.999
look at the condition. Even in their comes,

00:28:55.000 --> 00:28:59.999
we are not able to provide their basic
needs like food. Even education

00:29:00.000 --> 00:29:04.999
is not adequate. 1.4 million
have lived like this for years,

00:29:05.000 --> 00:29:09.999
and even in the camps, the
people remain afraid.

00:29:10.000 --> 00:29:14.999
UNICEF reports rape by men in this
camp, including Ugandan army soldiers.

00:29:15.000 --> 00:29:19.999
[music]

00:29:20.000 --> 00:29:24.999
All the people here want is peace.

00:29:25.000 --> 00:29:29.999
But even asking for that,
can make them targets

00:29:30.000 --> 00:29:34.999
of the Ugandan forces. It’s hard
for them to believe the promise

00:29:35.000 --> 00:29:39.999
of the faraway International Criminal
Court that it will investigate

00:29:40.000 --> 00:29:44.999
both sides in this conflict.
In the case of Uganda,

00:29:45.000 --> 00:29:49.999
we need to start by cleansing our
home, by cleaning our own house,

00:29:50.000 --> 00:29:54.999
because everybody we see around
has done one another injustice,

00:29:55.000 --> 00:29:59.999
and they are moving around, no justice

00:30:00.000 --> 00:30:04.999
has ever happened to our satisfaction.
The people of Northern Uganda

00:30:05.000 --> 00:30:09.999
fear both the army and
the rebels it fights.

00:30:10.000 --> 00:30:14.999
They also worry that if the rebels are indicted
as war criminals, they’ll fight to the bitter end

00:30:15.000 --> 00:30:20.000
and never give up, yet
more children will die.

00:30:25.000 --> 00:30:29.999
It’s a great privilege to be here
to discuss issues related to

00:30:30.000 --> 00:30:34.999
the International Criminal Court.

00:30:35.000 --> 00:30:39.999
A group of Acholi people meets to hear for the first time about
the ICC’s plans to bring global justice to Northern Uganda.

00:30:40.000 --> 00:30:44.999
It’s important to note that the ICC

00:30:45.000 --> 00:30:49.999
has no mandate to try children.
The prosecutor has to prioritize.

00:30:50.000 --> 00:30:54.999
And I’ll be surprised if he were to

00:30:55.000 --> 00:30:59.999
seek a warrant of arrest to
prosecute more than five people.

00:31:00.000 --> 00:31:04.999
I need a… They have concerns.
The ICC is no police force.

00:31:05.000 --> 00:31:09.999
So who will arrest the rebels far away in
the bush? Since the world has even failed

00:31:10.000 --> 00:31:14.999
to arrest the main terrorist,

00:31:15.000 --> 00:31:19.999
Osama bin Laden and his
aides, how come then that

00:31:20.000 --> 00:31:24.999
Kony will be arrested? Some
feel the best way to peace

00:31:25.000 --> 00:31:29.999
is to negotiate an amnesty with the
killers – Kony and his henchmen.

00:31:30.000 --> 00:31:34.999
Their question whether peace and
justice can work hand in hand,

00:31:35.000 --> 00:31:39.999
it’s an age-old dilemma.

00:31:40.000 --> 00:31:48.000
[music]

00:31:50.000 --> 00:31:54.999
But there is one piece of good news.

00:31:55.000 --> 00:31:59.999
Angelina’s daughter Charlotte has managed to
escape. She’s been eight years in the bush

00:32:00.000 --> 00:32:04.999
where she was forced to be a sex slave.
Now she has two children.

00:32:05.000 --> 00:32:10.000
She was only 14 when she was captured.

00:32:55.000 --> 00:33:03.000
[music]

00:33:05.000 --> 00:33:09.999
The Acholi people have reconciliation

00:33:10.000 --> 00:33:14.999
in their blood. It’s part
of their tribal traditions.

00:33:15.000 --> 00:33:19.999
[music]

00:33:20.000 --> 00:33:24.999
This ceremony is for escaped children, who
have been forced to commit brutal acts.

00:33:25.000 --> 00:33:29.999
Stepping on an egg, and over
twigs, symbolizes forgiveness,

00:33:30.000 --> 00:33:34.999
and a welcome home. Whatever their past,
these children are also the future.

00:33:35.000 --> 00:33:39.999
Forgiveness from the very people they
were forced to attack is inspiring.

00:33:40.000 --> 00:33:44.999
In October 2005, the
International Criminal Court

00:33:45.000 --> 00:33:49.999
made history, issuing its first
indictments for the arrest of

00:33:50.000 --> 00:33:54.999
Joseph Kony and four others. Hopefully
the armies of nearby countries

00:33:55.000 --> 00:33:59.999
where they are hiding will
arrest them for the court,

00:34:00.000 --> 00:34:04.999
and these inspiring local traditions of forgiveness
will help a shredded society reconcile.

00:34:05.000 --> 00:34:10.000
[music]

00:34:50.000 --> 00:34:54.999
The United Nations has created
an International Criminal Court,

00:34:55.000 --> 00:34:59.999
a shady amalgam of every
bad idea ever cooked up

00:35:00.000 --> 00:35:04.999
for world government. Uh… The
United States, it’s President,

00:35:05.000 --> 00:35:09.999
this Congress, and the American people
has categorically, unequivocally,

00:35:10.000 --> 00:35:14.999
and completely rejected the
ICC, and its insistence

00:35:15.000 --> 00:35:19.999
on threatening the American
people with prosecution.

00:35:20.000 --> 00:35:24.999
We reject its laughable legitimacy. We reject
its own American denial of civil rights.

00:35:25.000 --> 00:35:29.999
And we reject its anti-American politics.

00:35:30.000 --> 00:35:34.999
The US opposition has intensified.
It’s made countries sign agreements

00:35:35.000 --> 00:35:39.999
exempting American soldiers, diplomats,
and contractors arrested on their soil

00:35:40.000 --> 00:35:44.999
from prosecution at the ICC.
Eighteen countries

00:35:45.000 --> 00:35:49.999
that refused to sign had military aid cut.

00:35:50.000 --> 00:35:54.999
Some nations who receive economic support from
the United States may use the money we give them

00:35:55.000 --> 00:35:59.999
to arrest and handover American
citizens to the UN’s kangaroo court.

00:36:00.000 --> 00:36:04.999
I don’t think so. Then the
Nethercutt Agreement was passed.

00:36:05.000 --> 00:36:09.999
It threatens to cut economic aid
to countries that refuse to sign.

00:36:10.000 --> 00:36:14.999
The Nethercutt Amendment will forestall
any attempt by a foreign country

00:36:15.000 --> 00:36:19.999
that receives American economic aid to
arrest and extradite American soldiers

00:36:20.000 --> 00:36:24.999
to Kofi Annan’s kangaroo court.

00:36:25.000 --> 00:36:29.999
Thank you Mr. Chairman. Thank you gentlemen for
yielding… That aid has been withdrawn now.

00:36:30.000 --> 00:36:34.999
And it, unfortunately, again is a bilateral
treaties that are mainly being executed

00:36:35.000 --> 00:36:39.999
with small nations uh… that are… cannot
stand up to the economic, political,

00:36:40.000 --> 00:36:44.999
and military blackmail. So these
ambassadors are all just pounding away

00:36:45.000 --> 00:36:49.999
on these little countries to force them
to ratify these… these treaties. Uh…

00:36:50.000 --> 00:36:54.999
And it is… It’s again, it’s
the ugly American writ large

00:36:55.000 --> 00:36:59.999
in international diplomacy. And it is
unhelpful to the war on terrorism.

00:37:00.000 --> 00:37:04.999
It’s unhelpful to uh… all of the efforts to

00:37:05.000 --> 00:37:09.999
establish law and justice as a
way in which nations need to be

00:37:10.000 --> 00:37:14.999
relating to each other. I mean,
this makes no sense. It’s madness

00:37:15.000 --> 00:37:19.999
from any US policy perspective, umm… looking
at it from a human rights perspective,

00:37:20.000 --> 00:37:24.999
which is… which is my reference point.
Uh… I think it’s a

00:37:25.000 --> 00:37:29.999
shameful, shameful low point in US
diplomacy to be penalizing states,

00:37:30.000 --> 00:37:34.999
because they want to contribute

00:37:35.000 --> 00:37:39.999
to ending impunity for genocide crimes
against humanity and war crimes.

00:37:40.000 --> 00:37:44.999
I find, certainly disappointing
the fact that the United States,

00:37:45.000 --> 00:37:49.999
which has a long record of advocacy and
commitment to the advancement of human rights,

00:37:50.000 --> 00:37:54.999
has not seem fit to submit
itself to the kind of scrutiny

00:37:55.000 --> 00:37:59.999
that it feels many other countries
should be submitted to.

00:38:00.000 --> 00:38:04.999
I think, you cannot advocate accountability on
the parts of others if you’re not willing to

00:38:05.000 --> 00:38:09.999
submit yourself to that, the same kind of scrutiny.
So what type of justice does the US favor abroad?

00:38:10.000 --> 00:38:15.000
Perhaps there are some answers in Iraq.

00:38:25.000 --> 00:38:29.999
The United States spends billions of dollars
developing technologically targeted bombs

00:38:30.000 --> 00:38:34.999
to prevent civilian casualties.

00:38:35.000 --> 00:38:40.000
Nevertheless, accidents do happen.

00:38:45.000 --> 00:38:49.999
[music]

00:38:50.000 --> 00:38:54.999
I saw images in this hospital, and I
just didn’t want to see. Ah… One woman

00:38:55.000 --> 00:38:59.999
had lost both her eyes, both of her arms were broken, both
of her legs were broke. And when she was turned over,

00:39:00.000 --> 00:39:04.999
literally blood spilled out of her.
And her relative said to me,

00:39:05.000 --> 00:39:09.999
\"You’re American, what are you gonna do to help?\"
So that’s when I kind of wrestled my brain

00:39:10.000 --> 00:39:14.999
and thought that there needed to be a fund or some
kind of program to assist people such as her.

00:39:15.000 --> 00:39:19.999
American Marla Ruzicka has found
a route to compensate war’s

00:39:20.000 --> 00:39:24.999
innocent victims. Single-handedly
she convinced the government

00:39:25.000 --> 00:39:29.999
to set up and administer through
the military a $20 million fund

00:39:30.000 --> 00:39:34.999
to help relatives of civilian casualties.
We’re going to the family of Abu Garad.

00:39:35.000 --> 00:39:39.999
Forty-three people died in this
house uh… on a strike, April 5th.

00:39:40.000 --> 00:39:44.999
Umm… It was made up of about six or
seven families, all fleeing Baghdad.

00:39:45.000 --> 00:39:49.999
They all went into one house and
unfortunately it was hit by US missiles.

00:39:50.000 --> 00:39:54.999
We’re gonna meet Abu Garad, who’s the
father. He lost his entire family

00:39:55.000 --> 00:39:59.999
on that day. He was at the building.
He survived.

00:40:00.000 --> 00:40:05.000
We also meet Zainab, who
suffered major loses.

00:40:40.000 --> 00:40:44.999
The best that we can do is get the US
military to pay sympathy payments,

00:40:45.000 --> 00:40:49.999
and that’s $20,000 for a death and $1,000
for an injury. But often that amount

00:40:50.000 --> 00:40:54.999
is not paid out in full. The
family was awarded $6,000

00:40:55.000 --> 00:40:59.999
in sympathy payments. You
know, $6,000 for 43 people,

00:41:00.000 --> 00:41:04.999
again, it’s not like one father and
one mother, it’s many, many people

00:41:05.000 --> 00:41:09.999
that need to get that money.
They also want justice.

00:41:10.000 --> 00:41:14.999
They want that the person who was… who was
responsible for the death to be held accountable.

00:41:15.000 --> 00:41:19.999
And when they don’t see these types
of investigations being made,

00:41:20.000 --> 00:41:24.999
they’re… they’re very angry and they’re very hurt.
And it doesn’t help them deal with their trauma.

00:41:25.000 --> 00:41:33.000
It breaks your heart.

00:41:35.000 --> 00:41:39.999
I mean, I couldn’t stop crying
the last day that we went there,

00:41:40.000 --> 00:41:44.999
because you feel totally inadequate. And,
I think, they look at me as an American,

00:41:45.000 --> 00:41:49.999
and they put so much hope in me. And
only when I’m able to do a little bit

00:41:50.000 --> 00:41:54.999
and a little bit, like what really got
me the other days when Abu Garad said,

00:41:55.000 --> 00:41:59.999
\"What kind of, you know, justice can I sue them in
the international court?\" And I know that he can’t.

00:42:00.000 --> 00:42:04.999
In keeping with US opposition to facing
trials aboard, the coalition government

00:42:05.000 --> 00:42:09.999
early on passed a law saying no
coalition forces could be tried

00:42:10.000 --> 00:42:14.999
in an Iraqi Court. The US has to be
countable for the exploits of Iraq.

00:42:15.000 --> 00:42:19.999
We can’t talk about justice and transparency
if we don’t investigate civilian casualties,

00:42:20.000 --> 00:42:24.999
and if we don’t offer help to those that
we accidentally have. It’s not possible

00:42:25.000 --> 00:42:30.000
to have a peaceful transition when
you have these kind of injustices.

00:42:35.000 --> 00:42:40.000
[music]

00:42:55.000 --> 00:42:59.999
[music]

00:43:00.000 --> 00:43:04.999
Ladies and gentlemen, we got him.

00:43:05.000 --> 00:43:09.999
Though the weapons of mass
destruction were never found,

00:43:10.000 --> 00:43:14.999
American forces, as promised,
did find Saddam Hussein.

00:43:15.000 --> 00:43:19.999
Everyone agrees

00:43:20.000 --> 00:43:24.999
that this tyrant must be tried
for decades of brutality –

00:43:25.000 --> 00:43:29.999
accorded in scenes like this,
when he reigned with impunity.

00:43:30.000 --> 00:43:34.999
There had been many calls

00:43:35.000 --> 00:43:39.999
for an impartial international tribunal.
However, the

00:43:40.000 --> 00:43:44.999
US administration backed a tribunal
conducted by Iraqi judges.

00:43:45.000 --> 00:43:49.999
This court backs the death penalty,
international justice doesn’t.

00:43:50.000 --> 00:43:54.999
The Bush administration was keen to…
to see that a message was sent,

00:43:55.000 --> 00:43:59.999
international tribunals were not necessary.
Our principal concern

00:44:00.000 --> 00:44:04.999
has been with the independence of the
judges from the political pressure

00:44:05.000 --> 00:44:09.999
generated by Iraq’s leadership.

00:44:10.000 --> 00:44:15.000
We’ve seen three or four judges leave or
be removed. That’s extremely problematic.

00:44:25.000 --> 00:44:29.999
This is Manadel al-Jamadi – whose
dead body, wrapped in plastic,

00:44:30.000 --> 00:44:34.999
was removed from Abu Ghraib.

00:44:35.000 --> 00:44:39.999
This is his wife, Elam Hamza(ph).
Her husband,

00:44:40.000 --> 00:44:45.000
a suspected insurgent, was
arrested by Navy SEALs.

00:45:25.000 --> 00:45:29.999
Jalal al-Khazraji says they were both taken in by car
and helicopter to what he believes is a secret base.

00:45:30.000 --> 00:45:34.999
He was released the next day, but
al-Jamadi – who was a suspect

00:45:35.000 --> 00:45:39.999
in the bombing of the Red Cross – was held.

00:45:40.000 --> 00:45:44.999
They started to torture him badly
(I was hooded) I couldn’t see

00:45:45.000 --> 00:45:49.999
I heard him crying because

00:45:50.000 --> 00:45:55.000
of the heavy torture and beating.

00:46:10.000 --> 00:46:15.000
[sil.]

00:47:05.000 --> 00:47:13.000
[sil.]

00:47:15.000 --> 00:47:19.999
Insurgent or not, he
should have been protected

00:47:20.000 --> 00:47:25.000
by the Geneva Conventions.

00:47:35.000 --> 00:47:39.999
They began to search for the body, along with
many families who were missing relatives.

00:47:40.000 --> 00:47:44.999
At Abu Ghraib, they learned no one
with his name had been registered.

00:47:45.000 --> 00:47:49.999
He was a ghost prisoner.

00:47:50.000 --> 00:47:54.999
Finally, seven months after his arrest,

00:47:55.000 --> 00:48:00.000
they found his body at
the forensic institute.

00:48:10.000 --> 00:48:14.999
The army reservists, seen
with al-Jamadi’s body,

00:48:15.000 --> 00:48:19.999
have been cleared of any involvement
in his death, as have the Navy SEALs

00:48:20.000 --> 00:48:24.999
involved in his arrest. It’s alleged,
he died in the prison shower

00:48:25.000 --> 00:48:29.999
with his arms hung up behind his
back whilst under interrogation

00:48:30.000 --> 00:48:34.999
by the CIA. More than two years later,

00:48:35.000 --> 00:48:39.999
no one has been charged. We don’t know

00:48:40.000 --> 00:48:44.999
exactly what the orders are that the CIA has, because those are
secret findings that remain in some vault in the White House.

00:48:45.000 --> 00:48:49.999
But we can surmise based on… on
the conduct that we’re aware of.

00:48:50.000 --> 00:48:54.999
And we are aware that they have literally disappeared. We
have the names of 26 people. We suspect there’s another

00:48:55.000 --> 00:48:59.999
dozen or so. These are so-called high-value
detainees who have been put into

00:49:00.000 --> 00:49:04.999
secret detention facilities in various countries. They’re
moved around periodically. Umm… And these disappearing people

00:49:05.000 --> 00:49:09.999
are subjected to the most extreme forms of
interrogation, umm… at least water boarding,

00:49:10.000 --> 00:49:14.999
you know, that is at least mocked execution
by drowning and… and um… clearly other

00:49:15.000 --> 00:49:19.999
forms of highly coercive interrogation as
well. And we have every reason to believe

00:49:20.000 --> 00:49:24.999
the worst in terms of their treatment.

00:49:25.000 --> 00:49:29.999
The administration calls the
soldiers in these pictures –

00:49:30.000 --> 00:49:34.999
a small rogue, out of control group.

00:49:35.000 --> 00:49:39.999
Those few people who… who did that do not reflect
the nature of the men and women we sent overseas.

00:49:40.000 --> 00:49:44.999
That’s not the way… That’s
not the way the people are.

00:49:45.000 --> 00:49:49.999
It’s not their character, that are serving uh… that
are serving our nation in the cause of freedom.

00:49:50.000 --> 00:49:54.999
And uh… there’ll be an investigation.
I think that it’d be taken care of.

00:49:55.000 --> 00:49:59.999
Yet to date, there has been
no independent investigation.

00:50:00.000 --> 00:50:04.999
Various internal inquiries have
looked down the chain of command.

00:50:05.000 --> 00:50:09.999
Military courts have sentenced
several low-level army reservists.

00:50:10.000 --> 00:50:14.999
This sexual depredation that… that took
place at Abu Ghraib was so over the top

00:50:15.000 --> 00:50:19.999
that it was difficult to imagine anybody
senior ordering it. And I think that

00:50:20.000 --> 00:50:24.999
that lent credence to the Bush administration’s
claim that this was just a few rotten apples

00:50:25.000 --> 00:50:29.999
at the bottom of the barrel.
Now, we knew umm… even then

00:50:30.000 --> 00:50:34.999
that it was decisions taken by senior Bush officials
that at least treated an atmosphere of tolerance

00:50:35.000 --> 00:50:39.999
for that kind of abuse. It… It was Bush… and the Bush
administration’s ripping up of the Geneva Conventions at Guantanamo

00:50:40.000 --> 00:50:44.999
or the drafting of these torture memos that…
that basically define torture out of existence.

00:50:45.000 --> 00:50:49.999
But since approximately January
2005, we suddenly understand

00:50:50.000 --> 00:50:54.999
that this is not an inadvertent
byproduct of Bush policy,

00:50:55.000 --> 00:50:59.999
the use of torture and inhumane treatment is
Bush policy. This is instead a government

00:51:00.000 --> 00:51:04.999
that is determined to flout these basic provisions of
human rights law in the name of fighting terrorism,

00:51:05.000 --> 00:51:09.999
however, misguided this approach might be.
The United States is now umm…

00:51:10.000 --> 00:51:14.999
standing really antithetical to
the values and… and the standards

00:51:15.000 --> 00:51:19.999
that the International Criminal Court is trying
to uphold. That is a very dangerous development.

00:51:20.000 --> 00:51:24.999
Now, another crisis looms
– crimes against humanity

00:51:25.000 --> 00:51:29.999
are taking place in the
Darfur region of Sudan.

00:51:30.000 --> 00:51:34.999
The international response is confusion.
Member countries

00:51:35.000 --> 00:51:39.999
of the new International Criminal Court want
it to prosecute. But the United States,

00:51:40.000 --> 00:51:44.999
is, as ever, opposed – deadlock.

00:51:45.000 --> 00:51:49.999
The fear is that atrocity in Africa will
go once again ignored, just as it was

00:51:50.000 --> 00:51:54.999
for the Rwandan genocide. Even the
International Criminal Tribunal for Rwanda

00:51:55.000 --> 00:52:00.000
has had a checkered history.

00:52:05.000 --> 00:52:13.000
[music]

00:52:30.000 --> 00:52:35.000
[music]

00:53:50.000 --> 00:53:55.000
[sil.]

00:54:25.000 --> 00:54:29.999
The International Criminal Tribunal for
Rwanda was established to try top leaders

00:54:30.000 --> 00:54:34.999
who ordered atrocity. In 1998,

00:54:35.000 --> 00:54:39.999
Jean-Paul Akayesu made history of sorts.
He has the dubious distinction

00:54:40.000 --> 00:54:44.999
of being the first person ever
to be convicted of genocide.

00:54:45.000 --> 00:54:49.999
His trial also set a precedent
for international justice,

00:54:50.000 --> 00:54:54.999
by defining rape as genocide.

00:54:55.000 --> 00:54:59.999
It was a victory for international
justice, but a disaster

00:55:00.000 --> 00:55:08.000
for the victims.

00:55:25.000 --> 00:55:29.999
Jean-Paul Akayesu was the mayor
of the Rwandan village of Taba.

00:55:30.000 --> 00:55:34.999
The prosecutor described him as a
predator who instigated murder, and rape,

00:55:35.000 --> 00:55:39.999
and participated in torture here.
Over 2,000 people were killed.

00:55:40.000 --> 00:55:44.999
Since the genocide, Hutu and Tutsi
live uneasily side by side.

00:55:45.000 --> 00:55:53.000
The houses of someone who
bravely testified was stoned.

00:56:05.000 --> 00:56:09.999
They had to flee and hide elsewhere.

00:56:10.000 --> 00:56:14.999
[music]

00:56:15.000 --> 00:56:19.999
Anastasie is one of them. After
bravely telling the court

00:56:20.000 --> 00:56:24.999
about her unspeakable rape, she’s
ended up frightened and hiding.

00:56:25.000 --> 00:56:30.000
She and her children are scarcely
surviving, squatting in this hovel.

00:56:55.000 --> 00:57:00.000
It’s shameful that Anastasie
is living like this.

00:57:35.000 --> 00:57:39.999
The Rwandan tribunal was
in uncharted waters.

00:57:40.000 --> 00:57:44.999
Its successor, the International Criminal
Court, has learned much from its failings.

00:57:45.000 --> 00:57:49.999
Victims did not have a role,

00:57:50.000 --> 00:57:54.999
were not recognized as being victims alone.

00:57:55.000 --> 00:57:59.999
And this has changed with the ICC. They have a right
to participate at every step of the proceeding.

00:58:00.000 --> 00:58:04.999
Uh… They have the right to be
counseled, to be advised, to receive

00:58:05.000 --> 00:58:09.999
legal assistance to… with special
provisions uh… for the protection

00:58:10.000 --> 00:58:14.999
and guidance of women who have been
the subject of crimes of children.

00:58:15.000 --> 00:58:19.999
The victims have so the right to have
reparations in the variety of forms.

00:58:20.000 --> 00:58:24.999
The Rwandan tribunal had other faults.

00:58:25.000 --> 00:58:29.999
Never sufficiently backed by the international
community, it suffered from corruption

00:58:30.000 --> 00:58:34.999
and slowness. Many hoped the new
International Criminal Court

00:58:35.000 --> 00:58:39.999
can play a much clearer role in the
crisis now unfolding in Darfur.

00:58:40.000 --> 00:58:45.000
[music]

00:59:00.000 --> 00:59:04.999
The problem is that,
like the United States,

00:59:05.000 --> 00:59:09.999
Sudan has not signed up for global justice.
Unless the Security Council acts,

00:59:10.000 --> 00:59:15.000
it’s beyond the International
Criminal Court’s mandate.

00:59:25.000 --> 00:59:29.999
Now the drama is over,
justice can come to Darfur.

00:59:30.000 --> 00:59:34.999
It’s a drama that would
play out, not on the ground

00:59:35.000 --> 00:59:39.999
where people die daily, but at the
UN Security Council in New York.

00:59:40.000 --> 00:59:44.999
A single vote against, from a permanent
member like the US, means certain failure.

00:59:45.000 --> 00:59:49.999
[sil.]

00:59:50.000 --> 00:59:54.999
Any position or an agreement which… We
believe that further delay in reaching

00:59:55.000 --> 00:59:59.999
an agreement…

01:00:00.000 --> 01:00:04.999
As 2004

01:00:05.000 --> 01:00:09.999
drags to an end, the debate is bitter.

01:00:10.000 --> 01:00:14.999
Throughout the world, the victims of
violence and injustice are waiting.

01:00:15.000 --> 01:00:19.999
They’re waiting for us to keep our word.

01:00:20.000 --> 01:00:24.999
They notice when we use
words to mask inaction.

01:00:25.000 --> 01:00:29.999
Let no one imagine that this affair

01:00:30.000 --> 01:00:34.999
concerns Africans alone.
Louise Arbour is back,

01:00:35.000 --> 01:00:39.999
playing a new role. She’s just been appointed
United Nations High Commissioner for Human Rights –

01:00:40.000 --> 01:00:44.999
seeing the crisis in Darfur firsthand. She
will report her commission’s findings

01:00:45.000 --> 01:00:49.999
to the UN Security Council.
The commission found that

01:00:50.000 --> 01:00:54.999
government forces and militia
had throughout Darfur engaged

01:00:55.000 --> 01:00:59.999
in indiscriminate attacks against
civilians, murder, torture,

01:01:00.000 --> 01:01:04.999
destruction of villages, rape,
pillage, enforced displacement.

01:01:05.000 --> 01:01:09.999
The commission strongly recommended that the
Security Council refer the situation of Darfur

01:01:10.000 --> 01:01:14.999
to the International Criminal Court. The
court is the best suited institution

01:01:15.000 --> 01:01:19.999
for ensuring speedy
investigations leading to arrests

01:01:20.000 --> 01:01:24.999
and demonstrably fair trials.

01:01:25.000 --> 01:01:29.999
But there’s still no agreement here.
More weeks were dragged by.

01:01:30.000 --> 01:01:34.999
This two months since the Security
Council received… We believe that

01:01:35.000 --> 01:01:39.999
further delay in reaching an agreement
in the hope of a more desirable outcome…

01:01:40.000 --> 01:01:48.000
[sil.]

01:01:50.000 --> 01:01:54.999
The fear is that international justice

01:01:55.000 --> 01:01:59.999
is once again heading for extinction,
just like after Nuremberg.

01:02:00.000 --> 01:02:04.999
[sil.]

01:02:05.000 --> 01:02:09.999
Will we ever learn the
meaning of never again?

01:02:10.000 --> 01:02:14.999
[music]

01:02:15.000 --> 01:02:19.999
Finally, a year after Kofi Annan first
warned of crimes against humanity in Darfur,

01:02:20.000 --> 01:02:24.999
the United Nations Security Council votes.

01:02:25.000 --> 01:02:29.999
Those who are in favor,
please raise their hands.

01:02:30.000 --> 01:02:34.999
Those who abstain, please raise the hands.
The United States refrains

01:02:35.000 --> 01:02:39.999
from using its veto. The vote will pass.
Because of our concerns,

01:02:40.000 --> 01:02:44.999
we do not agree to a Security Council
referral of the situation in Darfur

01:02:45.000 --> 01:02:49.999
to the ICC and have abstained
on this resolution.

01:02:50.000 --> 01:02:54.999
We decided not to oppose the resolution, because
of the need for the international community

01:02:55.000 --> 01:02:59.999
to work together in order to end
the climate of impunity in Sudan.

01:03:00.000 --> 01:03:04.999
After months of haggling,

01:03:05.000 --> 01:03:09.999
relief for Kofi Annan, as he
hands Luis Moreno Ocampo –

01:03:10.000 --> 01:03:14.999
the chief prosecutor of the International
Criminal Court, evidence of the crimes in Darfur.

01:03:15.000 --> 01:03:19.999
This first referral from the Security
Council sets a precedent for the new court.

01:03:20.000 --> 01:03:24.999
The international community

01:03:25.000 --> 01:03:29.999
has joined together to end impunity

01:03:30.000 --> 01:03:34.999
in Darfur. Now, we have

01:03:35.000 --> 01:03:39.999
a common task to end the culture

01:03:40.000 --> 01:03:44.999
of impunity. This vote

01:03:45.000 --> 01:03:49.999
shows the world can commit when it wants
to the International Criminal Court.

01:03:50.000 --> 01:03:54.999
Now, all countries need to
be on board, all the time.

01:03:55.000 --> 01:03:59.999
Already the new court is
working on massive crimes –

01:04:00.000 --> 01:04:04.999
in Northern Uganda, Darfur, and the
Democratic Republic of the Congo.

01:04:05.000 --> 01:04:09.999
It’s a herculean, often dangerous
task, especially in Sudan

01:04:10.000 --> 01:04:14.999
where the government denies it entry.
Critics and supporters alike

01:04:15.000 --> 01:04:19.999
are watching to see if the court remains impartial,
investigating governments and rebels alike.

01:04:20.000 --> 01:04:24.999
[music]

01:04:25.000 --> 01:04:29.999
This new move, to international
justice, is for the first time

01:04:30.000 --> 01:04:34.999
responding to the cries of the victims. Here,
bringing the bodies of their loved ones back,

01:04:35.000 --> 01:04:39.999
and seeking real justice for them.

01:04:40.000 --> 01:04:44.999
[music]

01:04:45.000 --> 01:04:49.999
I view the International Criminal Court as one of the real
historic institutions of the international human rights movement.

01:04:50.000 --> 01:04:54.999
It says that if you commit atrocities,
your personal liberty is in jeopardy.

01:04:55.000 --> 01:04:59.999
And that is a very powerful signal umm… to try to deter
tomorrow’s atrocities and it’s also a very important

01:05:00.000 --> 01:05:04.999
way of answering the pleas of victims that their
persecutors of yesterday, perhaps be brought to justice.

01:05:05.000 --> 01:05:09.999
If we do succeed in establishing
justice and the rule of law

01:05:10.000 --> 01:05:14.999
as the primary way in which nations
relate to each other and leaders relate

01:05:15.000 --> 01:05:19.999
to… to the people, umm…
then we might have a…

01:05:20.000 --> 01:05:24.999
a new age of peace on this planet that we haven’t seen
for centuries. More has happened in the last decade

01:05:25.000 --> 01:05:29.999
than ever before in our history. And I
think a fair assessment at this point

01:05:30.000 --> 01:05:34.999
is that things are moving
along surprisingly,

01:05:35.000 --> 01:05:39.999
positively, and well. I’m
astonished to see what atrocities

01:05:40.000 --> 01:05:44.999
were still capable of committing against each other. But
I’m convinced that the International Criminal Court

01:05:45.000 --> 01:05:49.999
can play a leading role
throughout the world

01:05:50.000 --> 01:05:54.999
in bringing justice for millions of
victims that would otherwise be ignored.

01:05:55.000 --> 01:06:00.000
[music]