WEBVTT

00:00:18.070 --> 00:00:26.070
*

00:00:31.730 --> 00:00:33.569
Prosecutor, you
can say, \"Jambo.\"

00:00:33.570 --> 00:00:36.169
It\'s the local word for hello.

00:00:36.170 --> 00:00:37.170
Jambo?

00:00:37.171 --> 00:00:38.969
Jambo, yeah.

00:00:38.970 --> 00:00:39.970
Wait, are you sure?

00:00:39.971 --> 00:00:41.199
PASCAL:
Yes, you can say, \"Jambo,\"

00:00:41.200 --> 00:00:42.599
and everybody will
answer, \"Jambo sana.\"

00:00:42.600 --> 00:00:43.799
It will be nice.
Jambo sana.

00:00:43.800 --> 00:00:45.029
PASCAL:
They will...

00:00:45.030 --> 00:00:50.429
They will say, \"Jambo sana.\"
You just say, \"Jambo.\"

00:00:50.430 --> 00:00:53.599
NARRATOR:
A war was fought

00:00:53.600 --> 00:00:58.769
And war crimes were committed.

00:00:58.770 --> 00:01:00.629
That\'s why the man
in the white suit

00:01:00.630 --> 00:01:04.129
has come to this
Congolese village.

00:01:04.130 --> 00:01:05.769
Jambo.

00:01:05.770 --> 00:01:09.499
His name
is Luis Moreno-Ocampo.

00:01:09.500 --> 00:01:11.099
He is the chief prosecutor

00:01:11.100 --> 00:01:16.099
of the International
Criminal Court.

00:01:16.100 --> 00:01:18.129
And he\'s putting one
of the leaders of this village

00:01:18.130 --> 00:01:20.599
on trial for mass murder.

00:01:20.600 --> 00:01:25.669
He\'s here to explain why.

00:01:25.670 --> 00:01:33.670
(Translating
in foreign language)

00:02:02.600 --> 00:02:05.929
Moreno-Ocampo\'s job
is to prosecute war crimes,

00:02:05.930 --> 00:02:08.699
all over the world.

00:02:08.700 --> 00:02:11.029
But he doesn\'t have
a lot of power.

00:02:11.030 --> 00:02:13.129
He has no police force.

00:02:13.130 --> 00:02:16.199
He relies on cooperation.

00:02:16.200 --> 00:02:20.129
So the prosecutor has to be
a bit of a salesman.

00:02:20.130 --> 00:02:21.669
He has to persuade people

00:02:21.670 --> 00:02:24.669
to accept a new idea:

00:02:24.670 --> 00:02:29.899
global justice.

00:02:29.900 --> 00:02:37.900
*

00:03:28.430 --> 00:03:31.199
NARRATOR:
That\'s the great hope

00:03:31.200 --> 00:03:34.369
To hold accountable those
who commit massive crimes

00:03:34.370 --> 00:03:37.699
like genocide,
when nobody else will.

00:03:37.700 --> 00:03:41.469
And so, maybe deter people

00:03:41.470 --> 00:03:46.199
from committing
atrocities in the future.

00:03:46.200 --> 00:03:48.929
But how can a prosecutor
in one court in The Hague

00:03:48.930 --> 00:03:51.469
bring justice
to a violent world?

00:03:51.470 --> 00:03:55.029
We followed
Moreno-Ocampo during the year

00:03:55.030 --> 00:03:58.499
of the very first
trials of the ICC,

00:03:58.500 --> 00:04:01.369
a year when a prosecutor
with only the law on his side

00:04:01.370 --> 00:04:03.799
has to show he can
make a difference

00:04:03.800 --> 00:04:06.299
in a world ruled by power.

00:04:06.300 --> 00:04:14.300
LUIS:
We\'ll send a clear message.

00:04:16.630 --> 00:04:19.099
NARRATOR:
Moreno-Ocampo is dealing

00:04:19.100 --> 00:04:20.529
in about a dozen countries.

00:04:20.530 --> 00:04:22.829
But right now,

00:04:22.830 --> 00:04:26.029
his biggest and most
challenging case

00:04:26.030 --> 00:04:29.729
is Darfur, Sudan.

00:04:29.730 --> 00:04:33.469
(Squawking)

00:04:33.470 --> 00:04:35.099
In 2003,

00:04:35.100 --> 00:04:38.629
Darfuris rebelled against
the government of Sudan,

00:04:38.630 --> 00:04:40.729
which struck back
with a vengeance.

00:04:40.730 --> 00:04:47.529
(Shouting indistinctly)

00:04:47.530 --> 00:04:51.869
Hundreds of thousands
of Darfuris died.

00:04:51.870 --> 00:04:54.469
Millions were herded into camps

00:04:54.470 --> 00:05:02.470
or driven out of the country.

00:05:21.430 --> 00:05:25.399
Omar Al-Bashir
is the president of Sudan.

00:05:25.400 --> 00:05:28.369
Moreno-Ocampo\'s hinting
that he may charge

00:05:28.370 --> 00:05:31.799
President Al-Bashir
with war crimes.

00:05:31.800 --> 00:05:34.169
Indicting a sitting
head of state

00:05:34.170 --> 00:05:35.369
would mean headlines,

00:05:35.370 --> 00:05:43.370
and major controversy.

00:05:44.570 --> 00:05:46.229
BEATRICE LE FRAPER:
I love the \"and promotes.\"

00:05:46.230 --> 00:05:54.230
They do the same,
and for them...

00:06:00.030 --> 00:06:01.099
FLORENCE OLARA:
Lenience.

00:06:01.100 --> 00:06:02.100
Lenience.
Yeah.

00:06:02.101 --> 00:06:03.169
Lenience.
Yeah.

00:06:03.170 --> 00:06:04.329
That\'s it? Lenience?
Yeah, lenience.

00:06:04.330 --> 00:06:05.330
Lenience?
Perfect.

00:06:05.331 --> 00:06:13.331
Lenience? Okay.
Yeah.

00:06:18.270 --> 00:06:19.429
Yeah.
Is clear? Is it clear?

00:06:19.430 --> 00:06:21.669
Yeah.
In your...

00:06:21.670 --> 00:06:22.729
It\'s...

00:06:22.730 --> 00:06:24.769
(Laughing)

00:06:24.770 --> 00:06:27.769
I\'m going to cry tomorrow.

00:06:27.770 --> 00:06:35.770
Let it out.
You can all the time.

00:06:37.130 --> 00:06:40.469
LUIS:
I just submitted

00:06:40.470 --> 00:06:45.429
requesting to issue
an arrest warrant

00:06:45.430 --> 00:06:53.430
against Omar Hassan
Ahmed Al-Bashir

00:06:54.370 --> 00:06:55.969
for genocide,

00:06:55.970 --> 00:06:57.829
crimes against humanity

00:06:57.830 --> 00:07:00.129
and war crimes.

00:07:00.130 --> 00:07:02.929
The decision
to start the genocide

00:07:02.930 --> 00:07:05.329
was taken
by Al-Bashir personally.

00:07:05.330 --> 00:07:13.330
(Cheering)

00:07:26.930 --> 00:07:34.930
*

00:07:36.430 --> 00:07:40.429
Moreno-Ocampo now has
to wait for the ICC judges.

00:07:40.430 --> 00:07:42.099
They\'re the ones who decide

00:07:42.100 --> 00:07:44.629
whether or not
to issue a warrant.

00:07:44.630 --> 00:07:48.799
But there\'s a problem.

00:07:48.800 --> 00:07:50.599
The court doesn\'t have the power

00:07:50.600 --> 00:07:53.629
to arrest anyone, least of all
a sitting head of state.

00:07:53.630 --> 00:07:56.329
And just the threat of a warrant

00:07:56.330 --> 00:08:01.099
has already infuriated
president Al-Bashir.

00:08:01.100 --> 00:08:02.429
What if this leads

00:08:02.430 --> 00:08:07.069
to more killings in Darfur?

00:08:07.070 --> 00:08:10.599
Mahmood Mamdani
is a Ugandan professor

00:08:10.600 --> 00:08:11.899
at Columbia University.

00:08:11.900 --> 00:08:13.829
The problem is this:

00:08:13.830 --> 00:08:16.869
the very people
that you would want

00:08:16.870 --> 00:08:19.329
to hold criminally responsible

00:08:19.330 --> 00:08:21.799
are the very people you need

00:08:21.800 --> 00:08:24.269
for a political compromise.

00:08:24.270 --> 00:08:27.529
How are you going
to convince your adversary

00:08:27.530 --> 00:08:30.399
that it\'s in their interest
to compromise politically

00:08:30.400 --> 00:08:38.400
if you also promise
to take them to court?

00:08:56.430 --> 00:08:57.929
This is not the first time

00:08:57.930 --> 00:09:02.469
Moreno-Ocampo has prosecuted
a head of state.

00:09:02.470 --> 00:09:05.969
He comes from Buenos Aires.

00:09:05.970 --> 00:09:08.869
In the 1980s, he helped
to convict national leaders

00:09:08.870 --> 00:09:11.629
responsible
for Argentina\'s Dirty War

00:09:11.630 --> 00:09:15.369
against its own citizens.

00:09:15.370 --> 00:09:17.169
The crimes were torture, rape,

00:09:17.170 --> 00:09:25.170
making people just disappear.

00:09:28.270 --> 00:09:36.270
(Sighing)

00:09:48.730 --> 00:09:50.499
(Speaking in Spanish)

00:09:50.500 --> 00:09:52.529
(Applause)

00:09:52.530 --> 00:10:00.530
(Man speaking in Spanish)

00:10:35.530 --> 00:10:39.399
January, 2009.

00:10:39.400 --> 00:10:43.369
Moreno-Ocampo\'s been
on the job now for five years.

00:10:43.370 --> 00:10:45.869
He\'s still waiting
for the judges to decide

00:10:45.870 --> 00:10:47.399
whether to issue
an arrest warrant

00:10:47.400 --> 00:10:49.369
for the president of Sudan,

00:10:49.370 --> 00:10:52.829
and he is finally ready
to start his first trial.

00:10:52.830 --> 00:10:57.699
The global court\'s jail is
holding just four prisoners.

00:10:57.700 --> 00:11:00.929
All are African.

00:11:00.930 --> 00:11:02.469
The man about to go on trial

00:11:02.470 --> 00:11:07.229
was arrested by the Democratic
Republic of Congo,

00:11:07.230 --> 00:11:10.799
a militia leader
named Thomas Lubanga,

00:11:10.800 --> 00:11:15.569
He is charged with
using child soldiers.

00:11:15.570 --> 00:11:18.929
(Chattering)

00:11:18.930 --> 00:11:25.599
(Knocking on lectern)

00:11:25.600 --> 00:11:33.600
The Prosecutor does a last
rehearsal with ICC lawyers.

00:12:23.870 --> 00:12:30.599
*

00:12:30.600 --> 00:12:32.729
The wars in the DR Congo began

00:12:32.730 --> 00:12:35.299
right after
the Rwandan genocide.

00:12:35.300 --> 00:12:38.929
But they\'ve killed about
four times as many people.

00:12:38.930 --> 00:12:40.229
So far.

00:12:40.230 --> 00:12:48.230
(Man speaking
in foreign language)

00:12:51.230 --> 00:12:52.969
This is the Ituri district,

00:12:52.970 --> 00:12:56.469
where a civil war raged
mostly between two peoples,

00:12:56.470 --> 00:12:59.329
the Hema and the Lendu.

00:12:59.330 --> 00:13:05.429
*

00:13:05.430 --> 00:13:12.069
Moreno-Ocampo is prosecuting
leaders from both sides.

00:13:12.070 --> 00:13:16.429
Thomas Lubanga
was a Hema leader.

00:13:16.430 --> 00:13:19.699
(Interpreter):
We have no child

00:13:19.700 --> 00:13:27.700
Sometimes they look
younger than they are.

00:13:46.930 --> 00:13:51.229
LUIS:
Hundreds of childrens

00:13:51.230 --> 00:13:56.029
the consequences
of Lubanga crimes.

00:13:56.030 --> 00:13:59.569
They cannot forget

00:13:59.570 --> 00:14:01.599
what they suffered,

00:14:01.600 --> 00:14:03.199
what they saw,

00:14:03.200 --> 00:14:11.200
what they did.

00:14:14.070 --> 00:14:16.929
They may object that an opening
statement is supposed to be,

00:14:16.930 --> 00:14:20.629
not sort of this evocative
emotional kind of thing,

00:14:20.630 --> 00:14:23.599
but, you know, just a...

00:14:23.600 --> 00:14:24.699
A recitation.

00:14:24.700 --> 00:14:27.199
\"Our evidence will be X.\"

00:14:27.200 --> 00:14:29.969
So the more you
can sort of get back

00:14:29.970 --> 00:14:33.499
to \"our evidence will be...\"

00:14:33.500 --> 00:14:36.469
the more you sort
of keep it on track

00:14:36.470 --> 00:14:37.569
of an opening statement.

00:14:37.570 --> 00:14:39.869
But if I were the defence,
I would object.

00:14:39.870 --> 00:14:41.299
But here...
You know, it\'s supposed to be

00:14:41.300 --> 00:14:42.929
a dry recitation,

00:14:42.930 --> 00:14:47.929
not an appeal to emotion.

00:14:47.930 --> 00:14:50.199
No, no, no, no,
I don\'t want that.

00:14:50.200 --> 00:14:51.399
I don\'t want that but...

00:14:51.400 --> 00:14:53.099
But, you know,
I\'ve made the arguments

00:14:53.100 --> 00:14:54.799
about prejudice enough

00:14:54.800 --> 00:14:56.299
to know that they are coming.

00:14:56.300 --> 00:15:04.300
(Luis sighing)

00:15:22.270 --> 00:15:24.569
Momentous occasions
deserve momentous speeches

00:15:24.570 --> 00:15:25.799
and I think that you
are fully entitled

00:15:25.800 --> 00:15:27.269
to make a momentous speech.

00:15:27.270 --> 00:15:29.029
I mean this Judge Fulford
is going to know

00:15:29.030 --> 00:15:32.099
that this is first
major war-crimes trial

00:15:32.100 --> 00:15:34.569
in the first
International Criminal Court,

00:15:34.570 --> 00:15:37.129
that\'s been set up specifically
to try these types of offences.

00:15:37.130 --> 00:15:39.429
And you\'re entitled to have your
day in court. That\'s my opinion.

00:15:39.430 --> 00:15:40.430
I agree.

00:15:40.431 --> 00:15:41.669
And I\'d just refer you all

00:15:41.670 --> 00:15:43.469
to the opening speech
in the Eichmann trial.

00:15:43.470 --> 00:15:51.470
And it was an extremely
emotional speech.

00:15:54.700 --> 00:15:55.929
This is the man.

00:15:55.930 --> 00:15:57.429
I\'ve got my own camera
crew here, you know?

00:15:57.430 --> 00:15:59.729
Very good, very good.
This is the man. How are you?

00:15:59.730 --> 00:16:05.229
This is Ben Ferencz.

00:16:05.230 --> 00:16:06.999
Well, if I came
as a junior assistant,

00:16:07.000 --> 00:16:08.000
I might put you out of a job.

00:16:08.001 --> 00:16:09.199
I wouldn\'t like to do that.

00:16:09.200 --> 00:16:11.269
The whole world needs you so...

00:16:11.270 --> 00:16:12.699
Ferencz was a prosecutor

00:16:12.700 --> 00:16:15.269
of Nazi war criminals
at Nuremberg,

00:16:15.270 --> 00:16:22.369
where it all began.

00:16:22.370 --> 00:16:25.799
When the Allies
conquered Germany, in 1945,

00:16:25.800 --> 00:16:29.469
they put the top Nazi leaders
on trial as criminals.

00:16:29.470 --> 00:16:32.369
The case we present

00:16:32.370 --> 00:16:33.999
is a plea

00:16:34.000 --> 00:16:38.129
of humanity to law.

00:16:38.130 --> 00:16:39.969
Nuremberg was easy.

00:16:39.970 --> 00:16:42.529
We had control of the territory.

00:16:42.530 --> 00:16:44.329
The Germans were
totally obedient.

00:16:44.330 --> 00:16:47.299
We had no financial
controls of any kind.

00:16:47.300 --> 00:16:50.399
We had access to all the
documents in an incredible way.

00:16:50.400 --> 00:16:51.869
I didn\'t call a single witness

00:16:51.870 --> 00:16:54.199
and convicted 22 guys
of mass murder

00:16:54.200 --> 00:16:55.799
without calling
a single witness.

00:16:55.800 --> 00:16:59.529
I had all their records.

00:16:59.530 --> 00:17:01.699
It was a new concept.

00:17:01.700 --> 00:17:03.999
Instead of punishing
a whole nation,

00:17:04.000 --> 00:17:08.199
the victors could put those
most responsible on trial.

00:17:08.200 --> 00:17:12.229
Justice would replace revenge.

00:17:12.230 --> 00:17:15.199
That\'s the way the law works
at a national level.

00:17:15.200 --> 00:17:21.799
Why not internationally too?

00:17:21.800 --> 00:17:24.029
NARRATOR:
It took till the end

00:17:24.030 --> 00:17:27.469
to apply the Nuremberg idea
to the whole world.

00:17:27.470 --> 00:17:31.799
In 1998, nations came to Rome
to build a new court.

00:17:31.800 --> 00:17:36.469
It would only prosecute
the worst crimes,

00:17:36.470 --> 00:17:38.069
like genocide.

00:17:38.070 --> 00:17:39.429
It would only step in

00:17:39.430 --> 00:17:41.699
if a local court
couldn\'t or wouldn\'t.

00:17:41.700 --> 00:17:46.199
And it would have to rely on
member countries for arrests.

00:17:46.200 --> 00:17:48.399
But unlike earlier tribunals,

00:17:48.400 --> 00:17:51.599
this new International
Criminal Court

00:17:51.600 --> 00:17:55.329
would be permanent and global.

00:17:55.330 --> 00:17:58.399
And 120 countries voted
to make the ICC reality.

00:17:58.400 --> 00:18:05.299
(Applause)

00:18:05.300 --> 00:18:08.129
The most powerful countries
refused to join:

00:18:08.130 --> 00:18:11.499
China, Russia and the USA,

00:18:11.500 --> 00:18:16.229
who feared that
an independent prosecutor

00:18:16.230 --> 00:18:19.029
would target US citizens.

00:18:19.030 --> 00:18:21.199
I interpreted that
sustained applause in Rome

00:18:21.200 --> 00:18:24.369
to be a thumb in the eye
of the United States.

00:18:24.370 --> 00:18:26.469
They enjoyed every minute of it.

00:18:26.470 --> 00:18:31.729
We should isolate it
and ignore it.

00:18:31.730 --> 00:18:34.629
But in 2002,

00:18:34.630 --> 00:18:36.899
the ICC began its work.

00:18:36.900 --> 00:18:42.299
And today, it begins
its first trial.

00:18:42.300 --> 00:18:43.899
FEMALE REPORTER:
History is made today

00:18:43.900 --> 00:18:47.769
as the International Criminal
Court begins its first trial.

00:18:47.770 --> 00:18:51.169
NARRATOR:
The defendant, Thomas Lubanga,

00:18:51.170 --> 00:18:53.499
FEMALE REPORTER:
It will be

00:18:53.500 --> 00:18:56.599
has focused exclusively
on the use of child soldiers.

00:18:56.600 --> 00:18:59.569
The identities of some of those
testifying will be concealed.

00:18:59.570 --> 00:19:00.699
MALE REPORTER:
This court

00:19:00.700 --> 00:19:02.769
all over the world very closely.

00:19:02.770 --> 00:19:05.269
And some critics say
that prosecuting some people

00:19:05.270 --> 00:19:11.169
stands in the way
of a more peaceful solution.

00:19:11.170 --> 00:19:12.529
It took Luis
Moreno-Ocampo five years

00:19:12.530 --> 00:19:14.699
to get his first case to trial,

00:19:14.700 --> 00:19:17.129
and that very nearly
collapsed before it started.

00:19:17.130 --> 00:19:19.399
MALE COMMENTATOR:
The court is working

00:19:19.400 --> 00:19:21.729
They have to investigate
and protect witnesses,

00:19:21.730 --> 00:19:22.999
and you have no police force.

00:19:23.000 --> 00:19:25.069
(Male reporter speaking
in foreign language)

00:19:25.070 --> 00:19:26.529
ROZENBERG:
In his view,

00:19:26.530 --> 00:19:28.169
because he says so.

00:19:28.170 --> 00:19:30.369
It\'s not up to him.
It\'s up to the court.

00:19:30.370 --> 00:19:31.399
FEMALE COMMENTATOR:
It\'s a new court.

00:19:31.400 --> 00:19:32.929
Maybe he needs to be assertive.

00:19:32.930 --> 00:19:35.699
ROZENBERG:
It does look a bit

00:19:35.700 --> 00:19:39.599
It struck me that he wasn\'t
fit to be a prosecutor.

00:19:39.600 --> 00:19:47.600
*

00:19:51.630 --> 00:19:53.399
LAWYER:
I think it\'s very significant

00:19:53.400 --> 00:19:54.429
for the people in Congo

00:19:54.430 --> 00:19:56.199
and also for people
who are victims

00:19:56.200 --> 00:19:58.099
of similar crimes
in other countries.

00:19:58.100 --> 00:20:00.529
Good morning.
Good morning, how are you?

00:20:00.530 --> 00:20:02.429
Good. How are you?

00:20:02.430 --> 00:20:04.729
Very well.

00:20:04.730 --> 00:20:05.799
You said,
\"Lubanga has to learn.\"

00:20:05.800 --> 00:20:07.069
Yes.

00:20:07.070 --> 00:20:08.699
I was saying that
\"perpetrators of these crimes

00:20:08.700 --> 00:20:11.029
such as Lubanga
have to learn...\"

00:20:11.030 --> 00:20:12.299
Lubanga.
Yes.

00:20:12.300 --> 00:20:13.599
\"Perpetrators of these crimes,\"

00:20:13.600 --> 00:20:14.600
so that you send
a wider message.

00:20:14.601 --> 00:20:16.099
And any other...
Yeah.

00:20:16.100 --> 00:20:18.599
LUIS:
Okay, now. I need it.

00:20:18.600 --> 00:20:19.600
You need it!

00:20:19.601 --> 00:20:22.569
Yeah, youare right.

00:20:22.570 --> 00:20:24.399
Please smile.
No, no.

00:20:24.400 --> 00:20:32.400
PHOTOGRAPHER:
You\'re all very serious.

00:20:38.470 --> 00:20:41.169
(Laughing)

00:20:41.170 --> 00:20:44.499
Poker faces!
That\'s true.

00:20:44.500 --> 00:20:46.069
Yeah, okay.

00:20:46.070 --> 00:20:52.399
No nothing.

00:20:52.400 --> 00:20:56.399
LUIS:
They cannot forget

00:20:56.400 --> 00:20:58.029
what they saw,

00:20:58.030 --> 00:20:59.729
what they did.

00:20:59.730 --> 00:21:02.899
Child soldiers were exposed

00:21:02.900 --> 00:21:05.429
to the sexual violence

00:21:05.430 --> 00:21:07.999
perpetrated
by Thomas Lubanga\'s men

00:21:08.000 --> 00:21:11.499
in unspeakable ways.

00:21:11.500 --> 00:21:14.829
Mr. President,
Your Honours,

00:21:14.830 --> 00:21:19.399
Thomas Lubanga, he knew he was
breaking the basic rule

00:21:19.400 --> 00:21:22.799
that the world established
to protect those

00:21:22.800 --> 00:21:27.669
with the least power among us,

00:21:27.670 --> 00:21:30.299
little children.

00:21:30.300 --> 00:21:34.299
Children are not soldiers.

00:21:34.300 --> 00:21:37.469
If convicted,

00:21:37.470 --> 00:21:41.699
Thomas Lubanga\'s sentence
will send a clear message:

00:21:41.700 --> 00:21:49.669
the era of impunity is ending.

00:21:49.670 --> 00:21:51.829
You believe that recruitment
of child soldiers has stopped

00:21:51.830 --> 00:21:54.499
because Luis Moreno-Ocampo

00:21:54.500 --> 00:21:56.799
took somebody to court?

00:21:56.800 --> 00:21:58.299
BARRY:
Possibly reduced.

00:21:58.300 --> 00:21:59.300
I don\'t believe it.

00:21:59.300 --> 00:22:00.300
So you don\'t think it works?

00:22:00.301 --> 00:22:01.829
I don\'t think so,

00:22:01.830 --> 00:22:04.529
because where the violence
is not simply criminal,

00:22:04.530 --> 00:22:06.729
traceable to just individuals,

00:22:06.730 --> 00:22:10.369
but the violence is actually
political and social.

00:22:10.370 --> 00:22:13.699
The violence is being
reproduced by issues,

00:22:13.700 --> 00:22:16.399
and unless you
address those issues,

00:22:16.400 --> 00:22:19.429
the violence will
not come to an end.

00:22:19.430 --> 00:22:21.399
You will just go from
one cycle of violence

00:22:21.400 --> 00:22:25.869
to another cycle of violence,
and that has been the case.

00:22:25.870 --> 00:22:33.870
If you look at African
situations, it\'s been the case.

00:22:53.230 --> 00:22:55.229
NARRATOR:
The evening of

00:22:55.230 --> 00:22:57.169
the prosecutor\'s team prepares

00:22:57.170 --> 00:22:59.329
for a tough interview
with the BBC.

00:22:59.330 --> 00:23:03.329
We have 300 people
investigating or monitoring

00:23:03.330 --> 00:23:06.429
Afghanistan, Georgia,
Kenya, Cote D\'Ivoire,

00:23:06.430 --> 00:23:07.929
Central African Republic,
the Sudan,

00:23:07.930 --> 00:23:15.930
the Democratic Republic
of the Congo, Uganda.

00:23:29.100 --> 00:23:33.329
Yeah.
I\'m so proud of your people.

00:23:33.330 --> 00:23:34.769
Our people, they come
from every country.

00:23:34.770 --> 00:23:36.599
They come from Africa...

00:23:36.600 --> 00:23:38.199
NICOLA FLETCHER:
Thank you for reminding me

00:23:38.200 --> 00:23:40.199
Thank you for reminding me
maybe a bit too much.

00:23:40.200 --> 00:23:41.299
LUIS:
Yeah, I think

00:23:41.300 --> 00:23:42.569
BEATRICE:
That\'s fine.

00:23:42.570 --> 00:23:43.599
JEREMY PAXMAN:
This is nonetheless,

00:23:43.600 --> 00:23:47.099
only the first case

00:23:47.100 --> 00:23:48.799
to come before this court

00:23:48.800 --> 00:23:51.169
after the employment
of hundreds of people

00:23:51.170 --> 00:23:55.529
and the expenditure of hundreds
of millions of pounds.

00:23:55.530 --> 00:23:56.869
Oh, thank you for the question,

00:23:56.870 --> 00:23:59.799
because cost-effectiveness
for me is very important.

00:23:59.800 --> 00:24:02.129
And normally people
ask me about genocide,

00:24:02.130 --> 00:24:05.069
but, look, I start
five years ago.

00:24:05.070 --> 00:24:08.129
When I arrived,
I had seven floors empty.

00:24:08.130 --> 00:24:10.829
Today, five years later,
I have 300 people.

00:24:10.830 --> 00:24:12.529
And we did the Lubanga case,

00:24:12.530 --> 00:24:13.899
but we did other cases

00:24:13.900 --> 00:24:15.629
against other leaders
of militias in Congo.

00:24:15.630 --> 00:24:17.129
And we investigated Darfur.

00:24:17.130 --> 00:24:19.469
But that is precisely
the problem, isn\'t it?

00:24:19.470 --> 00:24:21.699
Sudan doesn\'t let you
have a jurisdiction.

00:24:21.700 --> 00:24:23.129
Israel doesn\'t let
you have jurisdiction.

00:24:23.130 --> 00:24:25.429
The United States even doesn\'t.

00:24:25.430 --> 00:24:26.929
But also,
I am doing investigations

00:24:26.930 --> 00:24:29.229
and monitoring crimes
around the world,

00:24:29.230 --> 00:24:31.529
including in Afghanistan...
PAXMAN: But...

00:24:31.530 --> 00:24:39.530
Can I...? Can I...?
Sorry, can I finish?

00:24:40.070 --> 00:24:44.699
The first witness testifies
against Lubanga.

00:24:44.700 --> 00:24:48.369
His identity and voice
are blurred for outsiders,

00:24:48.370 --> 00:24:51.229
but Lubanga can see him.

00:24:51.230 --> 00:24:53.329
The witness says

00:24:53.330 --> 00:24:56.599
that he was trained
as a child soldier.

00:24:56.600 --> 00:24:59.669
But then the court
comes back from a break,

00:24:59.670 --> 00:25:01.899
and suddenly
the witness seems unsure.

00:25:01.900 --> 00:25:02.900
FATOU:
Witness,

00:25:02.901 --> 00:25:04.569
I want you to know

00:25:04.570 --> 00:25:06.499
that we are only interested

00:25:06.500 --> 00:25:10.069
in what happened to you

00:25:10.070 --> 00:25:11.129
and the truth.

00:25:11.130 --> 00:25:13.869
So please go ahead and tell us.

00:25:13.870 --> 00:25:18.199
(Interpreter):
I would like to say

00:25:18.200 --> 00:25:23.529
what actually happened myself.

00:25:23.530 --> 00:25:26.999
Not say what some other
person intended me to say.

00:25:27.000 --> 00:25:31.599
People in Congo are watching
live by satellite.

00:25:31.600 --> 00:25:33.399
Many here still support Lubanga.

00:25:33.400 --> 00:25:37.029
JUDGE FULFORD:
I want to make sure that

00:25:37.030 --> 00:25:38.299
is completely clear.

00:25:38.300 --> 00:25:40.229
So this morning,

00:25:40.230 --> 00:25:43.929
you told the court

00:25:43.930 --> 00:25:46.429
about a time

00:25:46.430 --> 00:25:49.669
when some soldiers came

00:25:49.670 --> 00:25:55.129
and took you
and your friends away.

00:25:55.130 --> 00:25:57.929
Was that story from you

00:25:57.930 --> 00:26:05.930
true or false?

00:26:11.730 --> 00:26:15.529
You can have a break,
Ms. Bensouda.

00:26:15.530 --> 00:26:17.429
Nobody knows why
the first witness

00:26:17.430 --> 00:26:21.669
reversed his testimony that
he was a child soldier,

00:26:21.670 --> 00:26:25.329
but if Lubanga\'s former
soldiers are scared to testify

00:26:25.330 --> 00:26:28.329
the prosecution will likely
lose its first case.

00:26:28.330 --> 00:26:29.799
I came here today

00:26:29.800 --> 00:26:31.169
because it was billed

00:26:31.170 --> 00:26:33.869
as the first witness,
a child soldier.

00:26:33.870 --> 00:26:37.669
I thought they would probably
have lined up a star witness.

00:26:37.670 --> 00:26:39.769
As far as I can tell,

00:26:39.770 --> 00:26:46.429
the first day
was pretty shambolic.

00:26:46.430 --> 00:26:48.599
The prosecutor can\'t afford
any more problems

00:26:48.600 --> 00:26:52.729
in the Lubanga trial.

00:26:52.730 --> 00:26:56.229
Meanwhile, he\'s preparing
his second case.

00:26:56.230 --> 00:26:59.299
It\'s of Lubanga\'s
enemies in Congo,

00:26:59.300 --> 00:27:02.299
including Mathieu Ngudjolo,

00:27:02.300 --> 00:27:06.629
charged with massacring
hundreds of civilians.

00:27:06.630 --> 00:27:09.969
With Lubanga\'s enemies on trial,

00:27:09.970 --> 00:27:12.169
perhaps Lubanga\'s supporters
in Congo

00:27:12.170 --> 00:27:20.170
will see the court as more fair.

00:27:24.530 --> 00:27:27.769
The prosecutor returns
to his biggest challenge,

00:27:27.770 --> 00:27:35.770
Darfur and the president
of Sudan, Omar Al-Bashir.

00:27:35.870 --> 00:27:37.299
(Shouting indistinctly)

00:27:37.300 --> 00:27:39.569
There are demonstrations
around the world,

00:27:39.570 --> 00:27:44.829
for and against the president.

00:27:44.830 --> 00:27:47.599
Thank you, Ocampo!
Thank you, Ocampo!

00:27:47.600 --> 00:27:50.729
Because today
the judges will announce

00:27:50.730 --> 00:27:52.469
whether they will
issue the warrant

00:27:52.470 --> 00:27:54.229
the prosecutor requested

00:27:54.230 --> 00:27:58.229
for the arrest
of the Sudanese head of state.

00:27:58.230 --> 00:28:01.529
LAURENCE BLAIRON:
Today the International

00:28:01.530 --> 00:28:04.999
issued a warrant of arrest

00:28:05.000 --> 00:28:09.029
for the arrest of
Omar Hassan Ahmad Al-Bashir,

00:28:09.030 --> 00:28:11.399
the president of Sudan,

00:28:11.400 --> 00:28:15.769
for war crimes
and crimes against humanity.

00:28:15.770 --> 00:28:20.529
The crime of genocide
is not included in the warrant

00:28:20.530 --> 00:28:22.299
issued for the arrest

00:28:22.300 --> 00:28:25.469
of Omar Al-Bashir.

00:28:25.470 --> 00:28:27.469
(Chattering)

00:28:27.470 --> 00:28:30.129
NARRATOR:
The prosecutor

00:28:30.130 --> 00:28:31.429
But it\'s a blow
that he doesn\'t get

00:28:31.430 --> 00:28:34.029
the most serious charge,
genocide.

00:28:34.030 --> 00:28:36.799
MALE REPORTER:
Do you expect, really,

00:28:36.800 --> 00:28:40.069
to arrest him and to send
him to... To the court?

00:28:40.070 --> 00:28:43.529
Omar Al-Bashir\'s destiny

00:28:43.530 --> 00:28:46.869
is to face justice.

00:28:46.870 --> 00:28:49.369
It will be in two months

00:28:49.370 --> 00:28:51.729
or in two years,

00:28:51.730 --> 00:28:54.499
but he will face justice.

00:28:54.500 --> 00:28:56.569
(Cameras clicking)

00:28:56.570 --> 00:28:59.599
MAMDANI:
You can\'t take anybody to trial.

00:28:59.600 --> 00:29:01.829
Even the ICC taking
anyone to trial,

00:29:01.830 --> 00:29:05.929
you would need a foreign
invasion of troops

00:29:05.930 --> 00:29:10.469
coming in and a regime change.

00:29:10.470 --> 00:29:12.299
So this is not just
criminal justice.

00:29:12.300 --> 00:29:16.569
This is war drums, my friend.

00:29:16.570 --> 00:29:20.969
(Shouting indistinctly)

00:29:20.970 --> 00:29:23.029
NARRATOR:
There are furious

00:29:23.030 --> 00:29:25.529
in support of their president

00:29:25.530 --> 00:29:27.299
and against the prosecutor.

00:29:27.300 --> 00:29:30.029
(Crowd shouting indistinctly)

00:29:30.030 --> 00:29:38.030
*

00:29:50.970 --> 00:29:53.399
(Humming)

00:29:53.400 --> 00:29:55.799
A national prosecutor would
just get his local police

00:29:55.800 --> 00:29:57.299
to make an arrest.

00:29:57.300 --> 00:29:58.300
LUIS:
Hey.

00:29:58.301 --> 00:29:59.599
But, of course,

00:29:59.600 --> 00:30:01.729
Moreno-Ocampo doesn\'t
have that power.

00:30:01.730 --> 00:30:04.329
He needs the help
of sovereign states.

00:30:04.330 --> 00:30:07.999
And they aren\'t used
to yielding control.

00:30:08.000 --> 00:30:09.000
I don\'t know.

00:30:09.001 --> 00:30:12.099
I think it\'s a red light.

00:30:12.100 --> 00:30:20.100
(Humming)

00:30:40.270 --> 00:30:42.069
BARRY:
If you build

00:30:42.070 --> 00:30:50.070
it\'s kind of like a world state.

00:31:03.570 --> 00:31:07.099
NARRATOR:
But it isn\'t normal yet.

00:31:07.100 --> 00:31:08.669
The day after the warrant,

00:31:08.670 --> 00:31:11.499
President Al-Bashir
retaliates.

00:31:11.500 --> 00:31:17.369
He expels 13 international
aid groups from Darfur.

00:31:17.370 --> 00:31:25.370
(Children chattering)

00:31:28.970 --> 00:31:31.599
The ICC is supposed to work
in the interests of victims.

00:31:31.600 --> 00:31:35.029
And one can wonder if it is
in the interest of victims

00:31:35.030 --> 00:31:39.369
to start
a prosecution right now.

00:31:39.370 --> 00:31:41.229
FEMALE REPORTER, OVER PHONE:
Why did you launch

00:31:41.230 --> 00:31:44.099
when you knew you were putting
Darfuri lives at risk?

00:31:44.100 --> 00:31:46.799
People around the world
can say whatever they want.

00:31:46.800 --> 00:31:48.829
I cannot understand
how people can ignore

00:31:48.830 --> 00:31:50.769
what the judge is saying.

00:31:50.770 --> 00:31:54.629
Mr. Omar Al-Bashir is killing,
torturing, raping,

00:31:54.630 --> 00:31:57.829
exterminating entire
communities today.

00:31:57.830 --> 00:32:01.969
So that is reality.
Please, these are the facts.

00:32:01.970 --> 00:32:03.529
FEMALE REPORTER:
How do you ever expect

00:32:03.530 --> 00:32:06.069
to arrest
President Al-Bashir?

00:32:06.070 --> 00:32:10.629
As soon
as Mr. Al-Bashir travels

00:32:10.630 --> 00:32:14.899
through the air space,
he can be arrested.

00:32:14.900 --> 00:32:17.769
Okay?

00:32:17.770 --> 00:32:19.299
But President
Al-Bashir does travel.

00:32:19.300 --> 00:32:21.999
He flies to Egypt,

00:32:22.000 --> 00:32:24.029
to Saudi Arabia,

00:32:24.030 --> 00:32:26.869
to a half-dozen
countries.

00:32:26.870 --> 00:32:29.899
He\'s careful not to visit
any ICC member states,

00:32:29.900 --> 00:32:33.229
who\'d be obliged to arrest him.

00:32:33.230 --> 00:32:34.599
But it\'s as though

00:32:34.600 --> 00:32:36.199
he\'s deliberately
taunting the prosecutor.

00:32:36.200 --> 00:32:44.200
(Band playing)

00:32:45.530 --> 00:32:50.229
(Juicer buzzing)

00:32:50.230 --> 00:32:58.230
Moreno-Ocampo\'s threat
of arrest has failed.

00:33:02.970 --> 00:33:05.429
It\'s the Darfuris who have
to deal with the results

00:33:05.430 --> 00:33:06.869
of the court\'s indictment.

00:33:06.870 --> 00:33:14.870
So what do they think?

00:34:09.000 --> 00:34:11.699
BARRY:
What if an arrest warrant

00:34:11.700 --> 00:34:19.700
What if he hurts
the Darfuri people even more?

00:34:32.700 --> 00:34:34.799
(Applause)

00:34:34.800 --> 00:34:42.800
*

00:34:45.570 --> 00:34:51.729
But President Al-Bashir
and his allies attack the ICC.

00:34:51.730 --> 00:34:56.069
All the court\'s cases
are in Africa.

00:34:56.070 --> 00:35:02.699
African leaders claim the ICC
is targeting the continent.

00:35:02.700 --> 00:35:04.599
Many African leaders
now pressure

00:35:04.600 --> 00:35:08.869
the UN Security Council
to intervene.

00:35:08.870 --> 00:35:10.469
The Security Council
has the power

00:35:10.470 --> 00:35:12.369
to stop the prosecutor\'s case

00:35:12.370 --> 00:35:20.370
against President Al-Bashir.

00:35:58.600 --> 00:36:01.899
But the court\'s critics
point out

00:36:01.900 --> 00:36:04.529
that there are plenty of places
in the world outside of Africa

00:36:04.530 --> 00:36:06.769
where war crimes
have been committed.

00:36:06.770 --> 00:36:13.229
(Crashing)

00:36:13.230 --> 00:36:15.369
One of those places
is Afghanistan.

00:36:15.370 --> 00:36:19.599
Afghanistan is
a member of the ICC.

00:36:19.600 --> 00:36:23.029
Moreno-Ocampo has jurisdiction
to prosecute anyone there,

00:36:23.030 --> 00:36:27.429
including NATO
and U.S. soldiers.

00:36:27.430 --> 00:36:30.769
And there have been
allegations of war crimes,

00:36:30.770 --> 00:36:33.629
of torture
and attacks on civilians.

00:36:33.630 --> 00:36:36.429
But would he ever
directly challenge

00:36:36.430 --> 00:36:44.430
the most powerful
country on Earth?

00:37:02.800 --> 00:37:04.569
I believe that Ocampo came
to a conclusion

00:37:04.570 --> 00:37:07.699
that he would have
to be practical.

00:37:07.700 --> 00:37:09.899
And to be practical meant
that he would have to find

00:37:09.900 --> 00:37:12.469
an accommodation
with American power.

00:37:12.470 --> 00:37:15.199
And his accommodation
with American power

00:37:15.200 --> 00:37:18.429
was that the court would not be
a challenge to American power

00:37:18.430 --> 00:37:20.629
in any part of the world.

00:37:20.630 --> 00:37:22.499
That the court would, in fact,

00:37:22.500 --> 00:37:28.529
be a supplement
to American power.

00:37:28.530 --> 00:37:30.369
BARRY:
Prosecutor,

00:37:30.370 --> 00:37:33.469
in handing detainees over
to be tortured in Afghanistan.

00:37:33.470 --> 00:37:34.799
Now, that\'s actually
a war crime.

00:37:34.800 --> 00:37:42.800
Will you investigate?

00:37:43.230 --> 00:37:51.230
BARRY:
And...? And if they don\'t?

00:37:51.400 --> 00:37:55.829
In the court\'s prison,

00:37:55.830 --> 00:38:00.829
former enemies from DR Congo
now live side by side.

00:38:00.830 --> 00:38:04.369
The trial of Lubanga\'s foe
Mathieu Ngudjolo

00:38:04.370 --> 00:38:07.129
is to start soon.

00:38:07.130 --> 00:38:10.569
The Lubanga trial itself
is starting to go better

00:38:10.570 --> 00:38:13.169
for the prosecution.

00:38:13.170 --> 00:38:15.799
Many young witnesses testify

00:38:15.800 --> 00:38:18.399
that they were child
soldiers for Thomas Lubanga.

00:38:18.400 --> 00:38:20.999
(Interpreter):
We were taken forcefully.

00:38:21.000 --> 00:38:25.969
If you tried to refuse,
you could be shot.

00:38:25.970 --> 00:38:27.999
But now the prosecutor gets word

00:38:28.000 --> 00:38:30.099
that some witnesses in DR Congo

00:38:30.100 --> 00:38:31.199
have been threatened.

00:38:31.200 --> 00:38:37.829
*

00:38:37.830 --> 00:38:41.569
It\'s not easy to protect
witnesses in a war zone.

00:38:41.570 --> 00:38:49.570
Moreno-Ocampo decides to go
to Congo in person.

00:39:05.330 --> 00:39:07.069
The prosecutor has charged
leaders

00:39:07.070 --> 00:39:08.569
on both sides of this conflict.

00:39:08.570 --> 00:39:12.599
The pursuit of justice
is supposed to help peace,

00:39:12.600 --> 00:39:20.600
but what if it provokes
more violence?

00:39:34.400 --> 00:39:42.400
Moreno-Ocampo meets with
community leaders in private.

00:39:53.200 --> 00:39:56.869
*

00:39:56.870 --> 00:39:58.999
Then he flies to villages

00:39:59.000 --> 00:40:01.669
that fought each other
during the civil war

00:40:01.670 --> 00:40:04.299
to persuade both sides
to cooperate with the court.

00:40:04.300 --> 00:40:11.969
And not to fight.

00:40:11.970 --> 00:40:14.469
Zumbe, DR Congo.

00:40:14.470 --> 00:40:16.029
Welcome to Zumbe, we say here.

00:40:16.030 --> 00:40:17.999
Where this story began.

00:40:18.000 --> 00:40:21.999
The people here were
victims of a massacre,

00:40:22.000 --> 00:40:26.169
by the militia
of Thomas Lubanga.

00:40:26.170 --> 00:40:31.169
But this is also the hometown
of Mathieu Ngudjolo,

00:40:31.170 --> 00:40:34.829
the defendant in the court\'s
second trial.

00:40:34.830 --> 00:40:37.329
He led a revenge attack
on a nearby village

00:40:37.330 --> 00:40:39.299
that was a Lubanga stronghold.

00:40:39.300 --> 00:40:42.769
Still, the chief of Zumbe wants
the prosecutor to know

00:40:42.770 --> 00:40:45.899
his people were
not perpetrators.

00:40:45.900 --> 00:40:47.469
They were only victims.

00:40:47.470 --> 00:40:50.029
CHIEF, VIA TRANSLATOR:
So what will we do?

00:40:50.030 --> 00:40:52.799
The attacks came from that side.

00:40:52.800 --> 00:40:56.969
And we were attacked
from this side as well.

00:40:56.970 --> 00:41:02.029
And from this side.

00:41:02.030 --> 00:41:04.599
I cried.

00:41:04.600 --> 00:41:07.169
I kneeled down.

00:41:07.170 --> 00:41:10.469
And I prayed God.

00:41:10.470 --> 00:41:15.329
I said, \"God, can you
perform a miracle?\"

00:41:15.330 --> 00:41:18.029
He said, \"I\'m a nobody.\"

00:41:18.030 --> 00:41:20.869
We never planned anything.

00:41:20.870 --> 00:41:23.769
What will we get?

00:41:23.770 --> 00:41:26.429
What benefit
will we get from that?

00:41:26.430 --> 00:41:28.069
You see, this war,

00:41:28.070 --> 00:41:30.529
some people got
rich because of it.

00:41:30.530 --> 00:41:38.530
But look at these people.

00:41:42.300 --> 00:41:46.999
LUIS:
I like to say

00:41:47.000 --> 00:41:55.000
(Translator speaking
in foreign language)

00:42:26.800 --> 00:42:29.229
Mathieu Ngudjolo\'s mother.

00:42:29.230 --> 00:42:35.929
She wants to meet the man
prosecuting her son.

00:42:35.930 --> 00:42:36.930
Madame.

00:42:36.931 --> 00:42:38.329
Mama, jambo.

00:42:38.330 --> 00:42:40.769
Jambo.

00:42:40.770 --> 00:42:48.770
(Speaking in foreign language)

00:42:50.830 --> 00:42:52.799
That\'s what I
wanted to tell you.

00:42:52.800 --> 00:43:00.800
I will.

00:43:03.070 --> 00:43:07.729
Okay, merci.

00:43:07.730 --> 00:43:08.730
Merci.

00:43:08.731 --> 00:43:15.969
Okay, bye.

00:43:15.970 --> 00:43:23.970
*

00:43:54.330 --> 00:44:02.330
BARRY:
Yeah, yeah, and justice

00:44:28.170 --> 00:44:30.829
Look, you\'ve had trouble
in the Congo cases.

00:44:30.830 --> 00:44:33.169
You can\'t arrest
Al-Bashir.

00:44:33.170 --> 00:44:34.199
You\'re covering a dozen
other situations,

00:44:34.200 --> 00:44:36.469
like the Gaza war
and Afghanistan.

00:44:36.470 --> 00:44:44.470
How do you keep your energy up?

00:44:57.430 --> 00:45:00.569
But the prosecutor now faces
his most serious challenge

00:45:00.570 --> 00:45:08.570
from Sudan\'s president
Al-Bashir.

00:45:09.000 --> 00:45:10.929
African leaders allied
with Al-Bashir

00:45:10.930 --> 00:45:12.669
want the United Nations
Security Council

00:45:12.670 --> 00:45:16.699
to stop the case against
the Sudanese president.

00:45:16.700 --> 00:45:20.729
The council has that power.

00:45:20.730 --> 00:45:23.299
Moreno-Ocampo
flies to New York

00:45:23.300 --> 00:45:26.899
to address the Security Council.

00:45:26.900 --> 00:45:28.999
He has to convince world leaders

00:45:29.000 --> 00:45:30.799
that trying
to prosecute a president

00:45:30.800 --> 00:45:33.499
is not a barrier
to making peace.

00:45:33.500 --> 00:45:34.969
You know, Security Council
or no Security Council,

00:45:34.970 --> 00:45:37.129
once we do a case

00:45:37.130 --> 00:45:40.429
and once we indict somebody,

00:45:40.430 --> 00:45:43.929
the person is finished.

00:45:43.930 --> 00:45:49.029
I\'m sorry.

00:45:49.030 --> 00:45:50.929
Peace and justice are working
together, prosecutor.

00:45:50.930 --> 00:45:52.369
Yeah, but we don\'t
need to say that.

00:45:52.370 --> 00:45:54.669
Okay, but we know it\'s true.

00:45:54.670 --> 00:45:55.869
(Laughing)

00:45:55.870 --> 00:45:58.069
We know it\'s true.
I agree with you, okay?

00:45:58.070 --> 00:46:00.829
We\'re only supposed
to speak about justice.

00:46:00.830 --> 00:46:02.929
That\'s our mandate.
he\'s right.

00:46:02.930 --> 00:46:04.929
But it is impressive.

00:46:04.930 --> 00:46:06.529
There was no peace
process a year ago,

00:46:06.530 --> 00:46:09.469
and now you go to Doha,
and there is a peace process,

00:46:09.470 --> 00:46:11.929
negotiations
and people around the table.

00:46:11.930 --> 00:46:19.930
A year ago there was nothing...

00:46:24.370 --> 00:46:31.369
One year ago...

00:46:31.370 --> 00:46:34.869
No, no, no. Do it...

00:46:34.870 --> 00:46:37.369
Yes.
You cannot do...

00:46:37.370 --> 00:46:44.499
*

00:46:44.500 --> 00:46:46.669
UNSC PRESIDENT:
I invite Mr. Moreno-Ocampo

00:46:46.670 --> 00:46:51.399
to take the seat
at the council table.

00:46:51.400 --> 00:46:53.199
Mr. President, Excellencies,

00:46:53.200 --> 00:46:57.329
a year ago,
nobody could have dreamed

00:46:57.330 --> 00:47:01.999
that the peace process
will progress so.

00:47:02.000 --> 00:47:04.599
All the parties to the conflict

00:47:04.600 --> 00:47:09.299
have to stop
resorting to violence.

00:47:09.300 --> 00:47:11.929
This is the absolute priority

00:47:11.930 --> 00:47:14.169
to prevent future crimes.

00:47:14.170 --> 00:47:16.829
(Chattering)

00:47:16.830 --> 00:47:19.469
The Security Council
does not stop the case

00:47:19.470 --> 00:47:21.669
against President
Al-Bashir,

00:47:21.670 --> 00:47:24.769
and the Sudanese
ambassador is furious.

00:47:24.770 --> 00:47:29.099
Once again the mercenary
of death and destruction,

00:47:29.100 --> 00:47:30.499
the so-called prosecutor

00:47:30.500 --> 00:47:32.669
of the International
Criminal Court,

00:47:32.670 --> 00:47:37.699
exposed his professional
lack of honesty,

00:47:37.700 --> 00:47:42.629
because he said
everything in the report,

00:47:42.630 --> 00:47:50.630
but not the position of regional
and international organizations.

00:47:52.000 --> 00:48:00.000
It will convince nobody.

00:48:00.600 --> 00:48:02.799
The humanitarian
crisis in Darfur

00:48:02.800 --> 00:48:06.229
has not turned into
disaster, as was feared.

00:48:06.230 --> 00:48:08.129
Sudan even signs a peace deal

00:48:08.130 --> 00:48:10.629
with the main
Darfuri rebel group.

00:48:10.630 --> 00:48:13.869
BARRY:
But, prosecutor,

00:48:13.870 --> 00:48:21.870
the best you get in the end
is a kind of stalemate, right?

00:48:43.870 --> 00:48:46.069
A year after
the beginning of the trial,

00:48:46.070 --> 00:48:48.669
Moreno-Ocampo
gets a visitor.

00:48:48.670 --> 00:48:50.699
Okay.

00:48:50.700 --> 00:48:52.799
He\'s working.

00:48:52.800 --> 00:48:53.929
LUIS:
Come on!

00:48:53.930 --> 00:48:56.929
Come on! Come on!
Let the camera come on!

00:48:56.930 --> 00:48:58.899
Such an honour!

00:48:58.900 --> 00:49:00.329
Come on, come on, what?

00:49:00.330 --> 00:49:02.169
You break your back.

00:49:02.170 --> 00:49:05.299
BEN:
I think the progress

00:49:05.300 --> 00:49:06.599
Fantastic.

00:49:06.600 --> 00:49:08.429
Look, you are here.

00:49:08.430 --> 00:49:10.529
We have an International
Criminal Court.

00:49:10.530 --> 00:49:12.199
In my lifetime,

00:49:12.200 --> 00:49:14.799
relatively short period
in the history of man,

00:49:14.800 --> 00:49:17.069
I have seen the birth and growth

00:49:17.070 --> 00:49:19.169
of international
criminal jurisdiction,

00:49:19.170 --> 00:49:23.229
which didn\'t exist when
I was a student.

00:49:23.230 --> 00:49:25.969
So this is tremendous progress!

00:49:25.970 --> 00:49:27.069
I think...
I think we are winning.

00:49:27.070 --> 00:49:28.969
I think...
Yes.

00:49:28.970 --> 00:49:36.970
But I think we can win.
To a limited extent.

00:49:37.130 --> 00:49:39.829
Oh, yes, I\'m fighting.
I have no time to die.

00:49:39.830 --> 00:49:42.129
(Both laughing)

00:49:42.130 --> 00:49:44.399
Who\'s gonna be the defendant?
I want to hang him.

00:49:44.400 --> 00:49:47.329
(Laughing)

00:49:47.330 --> 00:49:51.899
Ferencz is sworn in as an
honorary prosecutor of the ICC.

00:49:51.900 --> 00:49:59.900
They didn\'t give me much room
for a signature here.

00:50:01.330 --> 00:50:09.330
And I got a new job.
When do I get a raise?

00:50:09.670 --> 00:50:12.169
This was the year
the ICC showed the world

00:50:12.170 --> 00:50:16.269
it was a functioning court.

00:50:16.270 --> 00:50:18.369
The Lubanga trial continues.

00:50:18.370 --> 00:50:21.069
The second Congo
trial is well underway.

00:50:21.070 --> 00:50:23.369
A third trial is started,
with more planned.

00:50:23.370 --> 00:50:26.369
(Speaking in French)

00:50:26.370 --> 00:50:31.029
Most of those indicted
by the court,

00:50:31.030 --> 00:50:32.269
like President Al-Bashir,
are still free.

00:50:32.270 --> 00:50:34.269
WOMAN:
One, two, three.

00:50:34.270 --> 00:50:35.270
(Camera clicking)

00:50:35.271 --> 00:50:36.669
WOMAN:
And another.

00:50:36.670 --> 00:50:38.569
And it seems unlikely
that Moreno-Ocampo

00:50:38.570 --> 00:50:46.199
can ever really challenge
the most powerful countries.

00:50:46.200 --> 00:50:48.099
But nobody likes to see

00:50:48.100 --> 00:50:52.199
people getting away with murder.

00:50:52.200 --> 00:50:54.969
The court exists because
that desire for justice

00:50:54.970 --> 00:50:58.769
doesn\'t stop at the border.

00:50:58.770 --> 00:51:01.269
And if we want
a less violent world,

00:51:01.270 --> 00:51:04.069
really, what
alternative is there

00:51:04.070 --> 00:51:12.070
to the rule of law?

00:51:28.770 --> 00:51:32.829
(Wooden stick
tapping rhythmically)

00:51:32.830 --> 00:51:40.830
(Children singing
in foreign language)

00:51:51.230 --> 00:51:56.230
(Applause)