We talk a lot about “The Indicted” here at End Impunity. Clearly End Impunity readers know their world politics, but it’s always good to brush up on the basics. Our new series “Defined:” does just that.
What does it mean to be indicted?
Indicted is more than accused, but less than convicted. Anyone can make an accusation. “Omar al-Bashir is a jerk!” is an accusation – but he’s not indicted for being a jerk. An indictment is a formal legal proceeding which must show sufficient evidence that the accused committed the crimes in question. Typically it is a presentation before a grand jury. The accused is not usually present.
Using our example, Bashir has been indicted on multiple counts of genocide, war crimes, and crimes against humanity – but legally, he’s not guilty of anything. Not yet. An indictment is not a guilty verdict, nor is it even an arrest warrant. However, once someone is indicted, the arrest warrant is usually quick to follow.
The End Impunity Hall-of-Shamers all have one thing in common: an ICC indictment. Whether deceased or living, arrested or free – the International Criminal Court has declared considerable evidence exists that each and every one of them has been party to atrocious acts. We will discuss those acts in upcoming “Defined:” columns.
Hey End Impunity readers – coming Wednesday January 11, get ready to test your EI IQ! We’ll post a pop quiz every Wednesday on our Facebook page, and the first person to get all the answers correct each week will win an End Impunity sticker packet.
Make sure you’ve “liked” us on Facebook and get ready to play on Wednesday. May we suggest doing a little studying up on the wanted?
Almost 20 years have passed since the Rwandan genocide, but finally two key perpetrators are facing consequences. Matthieu Ngirumpatse and Edouard Karemera had their day in court – and now their lives in prison. The International Criminal Tribunal for Rwanda – a court established in Tanzania by United Nations resolution in November 1994 – has found them both guilty of a “joint criminal enterprise” to commit genocide. Ngirumpatse held the Chief of Party office in 1994 when the killing began, and Karemera was his deputy. Both played key roles in stockpiling weapons and supporting rape as an instrument of war. Each received a life sentence. They had been in prison awaiting trial since 1998.
The Rwanda genocide took place in 1994, and an estimated 800,000 people were killed in just over three months.
With Moreno-Ocampo’s nine-year term with the International Criminal Court coming to an end, it is time for the changing of the guard. The new Chief Prosecutor will be Fatou Bensouda, ICC’s Deputy Prosecutor since 2004. She was elected by unanimous vote by the 119 participating countries on December 12, 2011.
Hailing from Gambia, the 50-year-old Bensouda has had an admirable legal career, including helping to prosecute key players in the 1994 Rwandan genocide. She is highly admired by her peers, who call her “a fantastic person” who is thoughtful and compassionate.
Long known as a champion of women’s rights, Bensouda has stated that she places a big emphasis on prosecuting sexual and gender crimes, and has pledged to continue this work. She is the first woman to hold the ICC’s Chief Prosecutor position.
Amongst the greatest criticisms of the ICC is the alleged targeting of African countries. The African Union says African nations are singled out for investigations. With the appointment of an African Chief Prosecutor – will this criticism continue to hold water? The AU officially supported Bensouda as a candidate for office.
Former President of Ivory Coast, Laurent Gbagbo, has traded the haven of his house for a cot at the Hague. Gbagbo is charged with four counts of crimes against humanity: murder, sexual violence, persecution, and other inhuman acts. Over 3,000 people died last year in the violence that erupted after last year’s elections.
Human Rights Watch researcher Geraldine Mattioli applauds the move, “This transfer really shows that no one is above the law, and that you can be a head of state [but] you still have to respect the human rights of your populations and you cannot engage in the type of widespread violence we’ve seen in Cote d’Ivoire – justice will catch up with you.”
As more elections approach in the coming weeks, Ivory Coast demands our attention. Without the eyes of the international community, more violence could be on the horizon.
Of the five members of the Lord’s Resistance Army indicted by the ICC, three remain. We’ve covered Kony and Odhiambo. Otti and Lukwiya were killed. That leaves Dominic Ongwen.
Ongwen is a tragic tale among the wanted, as he was abducted into the LRA to become a child soldier at the age of 10. Could he have had another life – a healthy life – if the LRA had not operated with impunity all these years? Perhaps. Instead, he is the youngest criminal indicted by the ICC, charged with seven counts of crimes against humanity and war crimes – for working for the very same commanders who committed such crimes against him.
Where is Ongwen now? In 2006, shortly after the warrant was issued for his arrest, he was thought to be dead. DNA tests proved the body was not Ongwen, however. He is believed to be at large with the rest of Kony’s cronies, traveling and murdering throughout central Africa.
Ongwen’s case embodies the purpose of End Impunity more than any other. Stop Ongwen – and stop the creation of more like him.
End Impunity’s “Where Are They Now?” series is almost at a close. Let’s end at the beginning, with some of the first indictments ever issued by the ICC in 2005 for five members of the Lord’s Resistance Army in Uganda.
We’ve discussed their leader, Joseph Kony – but Kony has cronies. One of them is Otok Odhiambo.
It should come as no surprise that Odhiambo is formally accused of murder, rape, and forced enslavement of child soldiers. These activities are the wind beneath the LRA’s wings, as no other motivation for their warpath is known to exist. Odhiambo has “killed the most” according to popular belief. Well, hey – it must be cold there in Kony’s shadow. A bloodthirsty guy’s gotta do what he’s gotta do to make the world notice him.
Where is Odhiambo now? Over the years, rumors have circulated that he was dead – perhaps even at Kony’s hand – or about to surrender. None of these have ever come to pass. His whereabouts are unknown, but one thing is certain: he has not been arrested and turned over to the ICC. Odhiambo is likely moving about central Africa.
The family that ruled together falls together as reports come in today that Abdullah al-Senussi was also captured in Sabha, Libya – a day after the arrest of Saif al-Islam Gaddafi. Bing, bang, boom – that completes the trifecta of Libyans sought by the ICC. Unfortunately it does not seem either survivor will be touring the Netherlands any time soon. Libya wants to try them at home.
It has been a long, arduous road for embattled son-of-a-dictator Saif al-Islam Gaddafi, but the wanted and reclusive man resurfaced on 19 November 2011 in Sabha, Libya – thanks to the hard work of rebel forces. He appears in the following video incognito, but a hungry audience awaits him showing his face in the International Criminal Court.
Libya: get that man to The Hague! Your UN membership demands it!
It looks like Sudan’s Defense Minister Abdel-Rahim Mohamed Hussein will soon be joining the ranks of ICC fugitives:
“The prosecutors at the International Criminal Court (ICC) will soon request an arrest warrant for Sudanese defence minister, Abdel-Rahim Mohamed Hussein, the website of Al-Arabiya TV reported. This will be the fourth case by the Hague-based tribunal on Darfur case since the United Nations Security Council (UNSC) referred the case to the ICC under a Chapter VII resolution.”
