Archive for Pamela Yates

Commentary- Dialogue. Human Rights

Posted in film, People of Color, politics with tags , , , , , , on July 15, 2009 by thebrooklynsocialite

I have been questioning the sanctity of commentary a bit as of late. Thanks to fevers and homebody time and, of course, multiple other factors. This morning, however, I got a welcome reminder of what the point of it all is. That’s right friends, Dialogue. It’s all about the discussion, debate, free share, book club style, writing workshop, round table chat. Sometimes we find engaged minds in non-cyber life that want to dig into our topics with us, while other times we find these passionate opinionated folks online. After I posted my recent interview with Pamela Yates, the director of The Reckoning on the Huffington Post, as promised, this lively multi-voiced dialogue ensued. In progress, and quoted full text, here are our comments.

godlessliberal I’m a

Great interview. It’s sad, a story about Sarah Palin can garner up to a thousand comments but a film about the International Criminal Court has one lonely comment, it speaks volumes about our priorities as a collective people. I, for one, am looking forward to watching this film to get a better understanding of the kinks that still need to be worked out within the court and why our government refuses to sign on as a member state.

Posted 10:27 PM on 07/14/2009

Robyn Hillman-Harrigan – Huffpost Blogger I’m a Fan of Robyn Hillman-Harrigan I’m a fan of this user permalink

Thanks, I’m glad the post has sparked your interest in the ICC. It is such significant work, quietly being hacked away at in the Hague and I agree that more of us should know about the court and our countries opposition to it.

Reply Favorite Flag as abusive Posted 01:45 AM on 07/15/2009

As a member of one of the communities that has dealt with the aftermath of ICC indictments — the ICC has a long way to go in terms of implementation. Especially in Uganda, we’ve witnessed a lot of double standards. The Ugandan President and Moreno-Ocampo attended a press conference together to announce the arrest warrants.

After seeing that, it was clear there would be no accountability or justice for crimes the Ugandan government had committed either in Congo or Uganda. Justice is a two-way street. This is one are the ICC must work on in order to garner popular support.

A couple of interesting articles:

Waiting for Bashir: http://ugandagenocide.info/?p=1527

The ICC is a Western Tool But Can Be Improved: http://www.blackstarnews.com/news/122/ARTICLE/5828/2009-07-01.html

Posted 07:05 PM on 07/14/2009

Robyn Hillman-Harrigan – Huffpost Blogger I’m a Fan of Robyn Hillman-Harrigan I’m a fan of this user permalink

Hi, thank you for your comment. Yours is an important perspective, could you tell us more about how the ICC is experienced on the ground in Uganda? The film definitely delves into the criticisms the court has received from African member states and their citizens. What do you see as the way forward?

Reply Favorite Flag as abusive Posted 01:49 AM on 07/15/2009

Thanks for the questions.

For many, the experience of the ICC in Uganda has been tinged with a lot of contradictions and confusion. People can see the government using the ICC when it is convenient, to garner international support, but the law has not been applied to the government itself.

(Right now, Uganda is presiding over the UN Security Council, and ICC prosecutor Moreno-Ocampo is in Uganda to convince Ugandan officials to arrest Sudan”s Al-Bashir, who will be visiting later in the month´┐Ż in 2010 the ICC review conference will be in Uganda ” these facts alone bring up many contradictions.)

There is a national Amnesty Act for former rebels — this adds to the confusion of whether ICC law or Amnesty will be applied. A war crimes court is another confusing option.

Direct communication with the ICC has been difficult. Victims have written the court to raise issues of systematic government abuse but have received little response from the court. Meanwhile, the Court is spending money to “sensitize” victim communities about their rights.

Posted 10:29 AM on 07/15/2009

FindingTruth I’m a fan of th

(Continued Thoughts)

Many people see the court as a walking contradiction. I have a relative who is a member of the Ugandan army – he said the investigators were only interested in interviewing child soldiers. He raised the question of how truthful the child soldiers might have been, due to army presence.

Most people are afraid to speak too loudly about the history of serious human rights violations by the government. (It was stunning to see the people in the film speaking out.)

From a survivor perspective, the crimes of the government are worse than those of the LRA, yet it is only the LRA”s crimes that are being addressed. This is where the ICC’s lack of effectiveness is most apparent.

Amnesty International Report: http://www.hrw.org/en/reports/2005/09/19/uprooted-and-forgotten

Many politicians and civil society groups who have raised issues of justice around the LRA issue have been targeted for intimidation by the government ” the conversation in Uganda around the ICC/LRA/Justice is far from free.

The way forward in Uganda: interpret the ICC Statute as it is written and aid the Chief Prosecutor in neutrally applying the law to both sides. The Court also must recognize that governments do not have the ability to try themselves!

The other issue is execution of the warrants. Perhaps the warrants need not be made public? The court’s current system of relying on member countries for arrests hasn’t been successful.

The dialogue is still in progress. To read the actual interview with Pamela Yates click here.

The Reckoning-Human Rights Watch Film Festival

Posted in film with tags , , , , , , , , on June 15, 2009 by thebrooklynsocialite

Last night I saw the New York premier of The Reckoning. The crowd was quite astonishing. There were two prosecutors from the International Criminal Court, Christine Chung and Fatou Bensouda, both are also featured in the film. The top brass from Human Rights Watch were also present along with one of the prosecutors from the Nuremberg trials. When Pamela Yates, the director, introduced him he got a standing ovation.

The film was stark and penetrating. It discussed the worst war crimes and crimes against humanity of our time, but did so in a rational, rights based justice context. The main character in The Reckoning is the International Criminal Court itself. Founded in 2002, its mandate is to try the perpetrators of crimes that have been committed since the court’s inception. A stipulation exists that the court may only make cases against member states, unless the UN Security Council has referred them to mount an investigation.

In other words, the ICC is based on a treaty, when a country signs on to the treaty, it then formalizes its stand against impunity, and it makes its citizens eligible for possible investigation. However, the process requires the court to be a last resort only applied if a country proves unable or unwilling to try its own perpetrators. Over 100 countries have signed on to the treaty, but the United States, China, Russia, and Iraq have all refused to do so.

Since its founding the ICC has made cases against the leaders of the Lord’s Resistance Army in Uganda, war lords in the Congo and the people with the most responsibility for the Darfur genocide, including Al-Bashir, the president of Sudan. They have also built a preliminary case in Columbia against paramilitary leaders and the corrupt members of government who support them.

Like any other court the way the ICC operates is by gathering evidence and using to to try criminals. By insisting upon rule of law in the international arena they are able to combat atrocities in areas of the world where there has been no justice and powerful leaders remain punished for their crimes.

This is an extremely important aim. The film shows the victims of abduction, child soldiers who were forced to be killers or sex slaves, women who were raped and babies that were beaten to the point of brain damage. Distressingly the restriction that the court faces is its lack of an enforcement arm. As the ICC has not been granted a military or police force it must rely on the national forces of each member state or wait for the UN Security Council to agree to send UN forces.

Right now an ICC arrest warrant for President Al-Bashir stands, but his forces will not turn him in, and as Sudan is a sovereign state no other country’s military can enter and arrest him, without it being seen as an act of war. The Security Council could go in and enforce the warrant, but they have yet to do so. As China and the US hold sway on the council its unlikely that this result will occur.

A beacon of hope in the world, the ICC stands as a glass giant in the Hague, but the question the film poses is will its halls be filled with prosecuted criminals, or will it be rendered ineffective as little more than a symbol.