Friday, November 27, 2009

Nation & World

Trying One, Blaming Many

By Alex Kingsbury
Posted 11/26/06
Page 2 of 2

People are willing to talk about these crimes. For some, it is a relief that someone will try to do something about it.

What do they tell you?

Fatou Bensouda
JEFFREY MACMILLAN FOR USN&WR

It's not necessarily a component of this particular case, but sometimes a child is forced to kill a brother or another family member. They may be forced to set fire to the family house. These are the things that the army does to make sure that the child has the will to kill. Once you have killed a member of your family, what do you care who else you kill?

Do these societies want these crimes prosecuted, or do they want to bury the past?

In the Congo, for example, and in other countries, they are moving to codify these international standards in their legal code.

But is there a cultural willingness to expose and punish?

Part of the reason for this case is to raise this issue. The perpetrators of these crimes are coming to see the behavior as accepted and commonplace. That they can do it and get away with it.

What type of authority does the court have?

We are an institution that has no law enforcement body. We have no police force and no army. We rely on the member states and organizations like the U.N. to do our work--accessing evidence and collecting information. Getting access to the evidence is difficult because of the fact that the conflict is often ongoing. Security is a huge issue not just for the staff but for the victims as well.

Is there more pressure to get this case right because of the importance of legal precedence?

This is the first kind of case, and we have an added responsibility to make sure that the trial is conducted in a fair manner. He is presumed innocent. The verdict is not the most important part; it's the fact that we have investigated the case and saw it through impartially and completely.

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