>> VERSION FRANCAISE   
ISSUE N°12
DECEMBER 2003
 
C O N T E N T S
OF THE ISSUE
 
white cube Editorial
white cube Inauguration of the House of Parliaments
white cube Interview with
European Commissioner, Mr. Pascal Lamy
white cube Cooperation with the UN
white cube Interview with Prosecutor of ICC, Mr.Moreno Ocampo
white cube Seminar in Sarajevo
white cube Women: elections in Rwanda, seminar in Sri Lanka
white cube Technical cooperation update
white cube Parliamentary developments
white cube Read in the press

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The World of Parliaments
Interview with Prosecutor of ICC, Mr.Moreno Ocampo

"Impact of the Rome Statute goes far beyond what happens within the court itself"

Mr. Luis Moreno Ocampo and
Senator Sergio Páez.

At its 109th Assembly, the IPU staged a panel discussion on "Challenges facing the International Criminal Court". The panel featured Mr. Luis Moreno Ocampo, Chief Prosecutor of the International Criminal Court (ICC), Mr. Jelko Kacin, Chairman of the Foreign Affairs Committee of the Parliament of Slovenia, Mr. Johathan O'Donohue, Legal Advisor for Amnesty International's Justice International project, and Mr. Bill Pace, Convenor of the Coalition for the International Criminal Court.

During his interview with us, Chief Prosecutor Moreno Ocampo said that «this type of round table is unique. That's why, even though I am overloaded with work, I made a point of attending in order to brief MPs on what we do. I would like to see a permanent arrangement to keep legislators informed and provide a framework for cooperation. Many company heads from the private sector are also very interested in this subject, and would like to help us set up an extra-net system. I am very interested in working with the Union, for I would like to see it coordinate these different forces».

What role can parliamentarians play in backing the work of a court that has just come into being? Chief Prosecutor Moreno-Ocampo, of Argentina, first of all recalls that "the impact of the Rome Statute goes far beyond what happens within the court itself. The Rome Statute has a powerful preventive force; it has induced legislators from all over the world to debate the place of national issues in international conventions, on subjects such as crimes against humanity, war crimes and genocide.

This typical role for legislators is very important for the Rome Statute. I also see a more operational role for parliamentarians. By definition, I am a prosecutor who acts only in exceptional cases, because I do not intervene if the national system functions. I intervene in cases where the State does not have the capacity to act, where for example the police cannot control the territory, or where the police kill people. So my job is very different from that of national prosecutors, and this is why I think there is a function missing, not only as far as prosecutors are concerned, but also with regard to legislators and politicians, if we are to change this kind of critical situation".

Mindful that his position as a prosecutor precludes political or diplomatic action, Mr. Moreno Ocampo appealed to politicians and to diplomats "to finalise the peace processes and effect the necessary transformations within society. I see a very important role for parliamentarians in this respect, not only when the Rome Statute was approved, but also in the future". He quotes the example of Ituri in the Congo. "The Democratic Republic of the Congo recognises that it is not able to solve the problems in Ituri and that it requires international support; a mechanism is therefore necessary in order to try and bring a solution. And this mechanism cannot be set up by the prosecutor".

An appeal to the African MPs

The Chief Prosecutor's appeal is primarily aimed at African countries in the region and African countries in general. "Africa is a region which offers some striking solutions. For example, the "gayasa" is a very interesting system. The same is true of the Truth Commission set up by South Africa, which proves that Africa can offer practical solutions that can be a source of inspiration for the international community. As far as Ituri is concerned, an African solution would be ideal, and I would be very proud to contribute to it in my own modest way".

Chief Prosecutor Moreno Ocampo feels that parliamentarians also have a major role in setting up bodies to promote reconciliation. "In Ituri, there are 10,000 child soldiers. They need to go to school, and they need work. Merely judging the chiefs is not enough – far from it. The whole economic structure needs to be overhauled. Ituri is a very rich region that has gold and mineral resources. If Ituri were in Sweden, the licences to extract these resources would cost two million times as much. Why can't the politicians agree to set up a system that provides guarantees for those operating these gold mines and that ensures that the money is invested in Ituri itself, in creating jobs for the young? This is the real challenge for the politicians".

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