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From The Christian Science Monitor
, April 24, 2003
ARUSHA, TANZANIA –
Carla del Ponte is the tough, flaxen-haired Swiss attorney who is now
chief prosecutor for the two international courts set up a decade ago to
try the worst rights abusers in former Yugoslavia and Rwanda. She's best
known for having brought former Yugoslav President Slobodan Milosevic to
trial in The Hague.
Now, with the prospect that senior members of Saddam Hussein's regime
may be brought to trial, the work of Ms. Del Ponte and her colleagues provides
helpful precedent.
I found her in this resort town near Mt. Kilimanjaro earlier this month,
surveying the the prosecution in the International Criminal Tribunal
for Rwanda (ICTR). In a reflective mood, she admitted that the work of
both courts has been painfully slow. "But we work with the system we
have."
I asked Del Ponte - and other ranking court officials - whether they
think the ICTR is fulfilling the UN Security Council's resolution mandating
that the court "contribute to the process of national reconciliation"
in Rwanda.
"Reconciliation is difficult to achieve," Del Ponte said. "Partly,
that's because we are located here in Tanzania, not in Rwanda. There
would be more of a reconciliatory effect if ICTR were moved to Rwanda."
She and other court officials indicated clearly that building reconciliation
in Rwanda must wait until after ICTR has finished its work - not likely
to happen soon. The court's timetable has it wrapping up its work in 2008,
with appeals continuing through 2010 - 16 years after the genocide.
ICTR has three strangely elongated courtrooms and a support staff of
hundreds, all shoe-horned into an international conference center here.
In the courtrooms, lawyers in black gowns strut before judges resplendent
in red satin, while the accused sit way off to one side, often oddly
forgotten in all the drama.
Elsewhere in the boxy, 1970-style conference complex sits Martin Ngoga,
the Rwandan representative to the court. Rwanda has always had several
significant differences of opinion with ICTR - over the death penalty
(which ICTR does not have), over jurisdiction, and other issues. He says
Rwanda's main complaint is over the lack of protection and services ICTR
provides for prosecution witnesses, who are often survivors of the 1994
genocide, and very poor.
But he said Rwanda is also worried that Del Ponte's ongoing "special"
investigations will bring prosecutions against people close to the Rwandan
government, for war crimes or crimes against humanity that they may possibly
have committed in 1994.
These are complex issues. But the situation at the court also raises
two much broader questions. In cases like Rwanda's, should the "international
community" simply overrule the wishes of the relevant national government
- especially when that government claims it represents the interests
of survivors of a genocide? Second, should the work of building reconciliation
and peace inside Rwanda have to wait until after ICTR completes its painstakingly
slow work?
ICTR's prosecutors consciously model their approach after the prosecution
of leading Nazis at Nuremberg. They've chosen to indict leaders from
a number of different fields - the former Rwandan government, the military,
big business, and media leaders - to show just how many sectors were involved
in planning, inciting, and executing the genocide. The trials have been
enormous, costly, and slow. In its eight years, ICTR has delivered judgments
and prison sentences for 10 people, including former Prime Minister Jean
Kambanda. The UN has spent more than $1 billion to achieve these modest
results.
Now, as ICTR starts trying more of its remaining 40-some cases, its
budget is slated to rise to $177 million annually, and staffing is expected
to increase to more than 870.
The trials have also been criticized - primarily by defense attorneys
- as delivering a form of "victor's justice" that disadvantages Rwanda's
Hutus in favor of the Tutsis, who were the objects of the 1994 genocide
and who now dominate Rwanda's government.
It may be true, as one judge told me, that the fact that both Hutus
and Tutsis criticize ICTR means the court is doing, "just about the right
thing." But for many Rwandans, the court remains at best irrelevant,
and at worst a bottomless pit that sucks up international aid money that
could be far better spent.
One Rwandan business executive who works in Arusha argued that the
UN should divert some of the funds that now go to ICTR to social programs
inside Rwanda. "Imagine what we could do in Rwanda with that kind of money,"
he said. "It would certainly have a lot more effect on people's lives, and
on building long-term peace, than all the airy-fairy things the court is
doing. The court is making a lot of international lawyers and support staff
very wealthy. But it's doing nothing for Rwandans."
People concerned with rebuilding societies that, like Iraq or Rwanda,
have been subjected to atrocious violence should listen to these voices
of experience.
A decade ago, I thought that the establishment of international courts
like ICTR could contribute helpfully to the long-term healing of such
societies. Now, having visited both the ICTR and Rwanda itself in the
past year, I'm not nearly so sure of that.
Perhaps, after all, real political reconciliation should come first.
• Helena Cobban is traveling in Africa to research a book on violence
and its legacies.