By Matthew Russell Lee
www.innercitypress.com/icc1okafka120409.html
UNITED NATIONS, December 4 -- Can an "active denial" of war crimes, particularly by a diplomat, itself be an international crime? Luis Moreno Ocampo, the prosecutor of the International Criminal Court, told the Security Council on Friday that it can. In prepared remarks, he said "My Office is considering the criminal responsibility of Sudanese officials who actively deny and dissimulate crimes."
Inner City Press asked Ocampo if this threat of prosecution applies to public denials of war crimes by the Ambassador of Sudan -- or by Palitha Kohona, the Ambassador of Sri Lanka which has been accused, most recently by the U.S. State Department, of presumptive war crimes. Video here, from Minute 13:23.
Ocampo said he "can't comment on other situations" -- that is, on anything except Darfur. He then drew analogies between Sudan and its president and his staff to Goebbels and Radio Milles Collines in Rwanda. This last, however, active told listeners where to find Tutsis, and urged that they be killed.
Ocampo told the Council that even a "denial of crimes" could be a crime. To many this seems an abuse of power, as well as Kafka-esque. The prosecutor accuses a defendant of a crimes, and them threatens to issue further indictments for any denial of the crime. If controversial prosecutors like Rudy Giuliani did this, civil libertarians and liberals would denounce it. What will be the reaction to Ocampo's statement?
A representative of Human Rights Watch who stood at the media stakeout Friday morning was dubious of Ocampo's claims in this regard, but otherwise supported Ocampo's enterprise. Bashir did not travel to Nigeria or Turkey. He also lauded the presence in the Council of Stephen Rapp, who signed the U.S. report on presumptive war crimes in Sri Lanka.
Inner City Press asked Rapp in what capacity he was at the Council. As part of the U.S. delegation, he said. The President of the Assembly of the States Parties to the Rome Statute governing the International Criminal Court, Ambassador of tiny Liechtenstein, on December 3 told Inner City Press that the U.S. is getting closer to joining the ICC.
Footnote: Inner City Press asked Liechtenstein's Ambassador about the case of John Djimandja, a local UN staffer in the Congo who says he fell under death threats after urging disarmament by militias including one whose leader is now on trial in the Hague.
Should the OCC provide protection to such witnesses, even if they do not end up testifying before the ICC? If you do not testify you are not a witness, he replied. Actually, if you see something you are a witness. And shouldn't the UN protect its own staff? Watch this site.
