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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Good night!
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
You’re very welcome. It was a huge privilege to be able to document the transition from this Court getting started to now….. I do believe it’s historic and we shall be hearing much more.
Thanks so much for hosting this live chat!!
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
it’s Documentary Channel…
Man, I would love to have a DVD release, but my co-producer — the wonderful National Film Board of Canada — has to wait til the French language version has been seen on TV in Quebec. Don’t ask: Canadian politics.
There will be a DVD release, and if anyone is interested, write to National Film Board (on web) and inquire, and when one is released (soon, I hope) we can get it sent.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
I think there are 25 warrants or summons issued…. but maybe only five guys in jail in The Hague. Arresting is tough in war zones!
and of course there is no international police force.
But the USA is now helping Uganda hunt Joseph Kony, the notorious (alleged!) mass murderer.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Correction… Cote D’Ivoire (Ivory Coast) is also under investigation… there might be news on that soon.
Another number of situations such as Palestine, Afghanistan, Georgia etc are being looked into… and may result in investigations and possibly prosecutions… we shall see.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
No death penalty!! imprisonment.
Six “situations” — i.e. countries, altho Darfur is the only part of Sudan in the Court. The others are Libya, Kenya, DR Congo, Central African REpublic and Uganda.
I can’t remember how many indictees there are… I will look it up. But three trials on now. One is about to get judgement in a matter of two or three weeks, i think. (Lubanga.)
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Yeah, that guy’s name is Jay Sekulow — he is a lawyer and talk show host in the USA. He is a Christian I believe and has represented Jews for Jesus, various anti-abortion interests, and so on. Before the Supreme Court of USA if I am not mistaken. There is of course often a sympathy between Christian Conservatives and Israel.
I agree, he and his allies were concerned with preventing an investigation of the possible war crimes committed in Gaza, which was requested by the Palestinian Authority.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Indeed, it is similar to the US where defense is provided if an accused does not have the means.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Wow… these are good questions. NGOs do work with the Court, but it’s difficult. Bcs if they are too close to the Court, and they have to work in war zones, they can get into trouble. When I was filming in Chad near Darfur, and after al-Bashir had expelled NGOs bcs he accused them of passing false info to the Court, the NGOs were very nervous about even meeting with the ICC officials.
But NGOs made this Court happen as much as nations did. They had a big influence in Rome in ’98 when the Court was established.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Some pretty distinguished lawyers defend the accused at the ICC…. Mme Mabille who represents Lubanga I think has done quite a lot of legal work in Africa on behalf of women. She’s French.
The Court pays for defense… but I think (and I am not sure) that if an accused has a lot of money (as one alleged warlord does), he does pay himself.
But if the accused has no money, they get a legal team paid for by the Court.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Sorry, missed the question about Ben Ferencz.
Lisa wrote “The Nuremberg Trials had a great influence upon internal law and on the ICC. The Nuremberg prosecutor who was influential in the ICC became an Honorary Prosecutor. Could you tell our readers about him?”
Ferencz is hilarious, like a Borscht belt comedian. He did the closing arguments in the first trial of the ICC, of an alleged warlord called Thomas Lubanga from Congo. He is 94 years old and has the energy of a 30 year old. He prosecuted 26 SS murderers. Convicted most, some were hanged. He chose the number of 26 (there could have been far more) bcs that was the maximum number of chairs in the courtroom.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Israel feels, I think (just my opinion) that they would not be fairly treated by the Court… which is not true, also in my opinion.
There is a saying from ancient Greece: the strong do what they will, and the weak seek justice. Cynical, perhaps.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
George W Bush unsigned it — which is very very rare and not very cool with a treaty signed by a country — bcs he hated the idea of the USA being subject to an international court in any way. In fact, the USA is subject to international law — many of which they accept, such as Geneva Conventions. But for Bush it was a non-starter. In fact, the Democrats also are very wary… some of them anyway. Pres. Clinton recommended that the Senate not ratify, even tho he signed.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
LMO’s energy is incredible, yes. Smiling? no. But he is good at being on camera. On the whole, he is pretty charming.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
The 18 judges each come from a different country, from the UK to S. Korea and African countries.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Yes, it’s true Phoenix Woman. It’s ironic that they got it. the idea of US exceptionalism was threatened, theoretically. But of course, in reality, it’s unlikely that Americans will be prosecuted.
It’s sad the US won’t join — after all, Nuremberg was primarily an American idea. And way back in the Civil War, Lincoln laid out among the first modern rules of war.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Sudan — they are fighting for arable land, yes, in Darfur. Desertification (global warming?) has pinched resources.
But in the South… it’s oil. Oil. Oil.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Gosh, now you have stumped me. I think LMO has about 700 people. The Court’s budget is over $100 mill per year. No, it’s not cheap.
They do indeed come from all over the world. And despite the USA’s refusal to join, there are many Americans working there.
Also, many Canadians, esp’y French Canadians bcs of the language and their facility with both Anglo-American common law and the French system of justice. And not having colonial baggage of Belgians and French, in Africa.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
What I actually predict is — not much. Someone said this court is a judicial institution operating in a political environment.
But I don’t want to be too cynical. LMO is putting out a report on his “preliminary examination” of alleged war crimes in Afghanistan. Obviously the Taliban has committed war crimes… and likely I would venture the Afghan gov’t. The widespread torture at Bagram AFB by USA — plus allegations of attacks on civilians might also be…. well, possibly criminal, I am sorry to say. I suspect that my own country, Canada, has handed over men likely knowing that they would be tortured in Afghanistan. Not good.
So we shall see in a few weeks what the ICC is going to do about Afghanistan.
Going up against the USA would be…. well, costly. That is not supposed to be a consideration, but it would threaten the court’s future.
It will take a while for justice to be universal!! if ever.
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Barry Stevens commented on the blog post FDL Movie Night: Prosecutor
Actually, Gaddafi was the second head of state indicted, but that case is closed, sadly, for obvious reasons.
yes, al-Bashir later DID travel to other ICC countries even… the Court reprimanded Malawi for welcoming him.
Al-Bashir is a pretty rough leader… god knows what will happen in South Sudan, but another war is possible.
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