Luis Moreno Ocampo

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Luis Moreno Ocampo
Luis Ocampo.png
Chief Prosecutor of the International Criminal Court
In office
16 June 2003 – 15 June 2012
President Philippe Kirsch
Song Sang-Hyun
Deputy Fatou Bensouda
Preceded by Position established
Succeeded by Fatou Bensouda
Personal details
Born (1952-06-04) 4 June 1952 (age 61)
Buenos Aires, Argentina
Alma mater University of Buenos Aires

Luis Gabriel Moreno Ocampo[nb 1] (born 4 June 1952)[1] is an Argentine lawyer and the first Prosecutor of the International Criminal Court (ICC). He previously worked as a prosecutor in Argentina, famously combating corruption and prosecuting human rights abuses by senior military officials in the Trial of the Juntas.

Moreno Ocampo was also an Associate Professor of Criminal Law at the University of Buenos Aires and a visiting professor at Stanford University and Harvard Law School.[2] He has acted as a consultant to the World Bank, the Inter-American Development Bank and the United Nations.[2] He is a former member of the advisory board of Transparency International and a former president of its Latin America and Caribbean office. As of fall 2013, he is a Senior Fellow at the Jackson Institute for Global Affairs at Yale University.[2]

In 2011, The Atlantic included him among the Brave Thinkers, which is a guide to the people risking their reputations, fortunes, and lives in pursuit of big ideas. In that same year, Foreign Policy designated him one of the 100 Top Global Thinkers, the magazine’s portrait of the world’s marketplace of ideas and the thinkers who make them.

Career in Argentina[edit]

Ocampo and Julio César Strassera face defendants during the 1985 Trial of the Juntas.

Born in Buenos Aires, Moreno Ocampo graduated from the University of Buenos Aires Law School in 1978, and from 1980 to 1984 worked as a law clerk in the office of the Solicitor General.[3]

From 1984 to 1992, Moreno Ocampo worked as a prosecutor in Argentina.[4] He first came to public attention in 1985, as Assistant Prosecutor in the "Trial of the Juntas" with Chief Prosecutor Julio César Strassera. This trial was the first since the Nuremberg Trials that senior military commanders were prosecuted for mass killings.[4][5] Nine senior commanders, including three former heads of state, were prosecuted and five of them were convicted. In 1986 and 1987, he was involved in the cases against Junta’s subordinate commanders and officers. One of those trials, against two Chiefs of the Buenos Aires Police Force and 4 police officers involved in murders, kidnapping and tortures ended in 1986. In 1987 he assisted the U.S. Attorney Office in the extradition process of General Guillermo Suarez Mason from California. From 1988 to 1992 he was the top federal criminal prosecutor of Buenos Aires Federal Circuit, where he led the prosecution of 2 military rebellion cases, a military malpractice case against the top Army commanders in the Malvinas-Falkland war, and dozens of the biggest public corruption cases including against Federal Judges, National Ministers and Heads of Public Companies.

In 1992 he left his post at the Buenos Aires Federal Circuit and opened a law firm (Moreno Ocampo & Wortman Jofre) practicing criminal law and international human rights, and specialized on corruption control programs for large organizations and in managing and negotiating complex conflicts. The firm worked pro bono on public interest cases such as political bribery cases; representing the victims in Italyʹs requested extradition of Nazi officer E. Priebke and the daughters of Chilean General Carlos Prats murdered by the Chilean secret police in 1974 in Buenos Aires.

In the late 1990s, he starred in a reality television programme, Fórum, la corte del pueblo, in which he arbitrated private disputes.[6][7] He also appears in the Kony 2012 campaign video, aimed at making Ugandan cult and militia leader, indicted war criminal and International Criminal Court fugitive Joseph Kony globally known in order to have him arrested.

Moreno Ocampo also published several articles and two books (When power lost its judgement. How to explain the ʺdictatorshipʺ to our children and in self-defense. How to avoid corruption?).

The International Criminal Court[edit]

The International Criminal Court's headquarters in The Hague

On 21 April 2003, Moreno Ocampo was elected unopposed as the first Prosecutor of the new International Criminal Court.[4][5] He was sworn in for a nine-year term on 16 June 2003. As of April 2011, in his capacity as the Prosecutor of the Court he has opened investigations into eight situations in Africa: the Democratic Republic of the Congo; Uganda; the Central African Republic; Darfur, Sudan; the Republic of Kenya; the Libyan Arab Jamahiriya; the Republic of Côte d'Ivoire and Mali.[8] Of these eight, four were referred to the Court by the concerned states parties themselves (Uganda, Democratic Republic of the Congo, Central African Republic and Mali), two were referred by the United Nations Security Council (Darfur and Libya) and two were begun proprio motu by the Prosecutor (Kenya and Côte d'Ivoire[9]). Additionally, by Power of Attorney from the Union of the Comoros, a law firm referred the situation on the Comorian-flagged MV Mavi Marmara vessel to the Court, prompting the Prosecutor to initiate a preliminary examination. The court publicly indicted 36 people. The ICC has issued arrest warrants for 27 individuals and summonses to nine others. Eight persons are in detention. Proceedings against 28 are ongoing: ten are at large as fugitives; three have been arrested, but are not in the Court's custody (including one who is appealing an order referring the case against him to national authorities); nine are in the pre-trial phase; another three are at trial; one is awaiting sentencing; one is appealing his sentence; and one individual's acquittal is being appealed by the prosecution. Proceedings against eight have been completed: four have had the charges against them dismissed, one has had the charges against him withdrawn, and three have died before trial. Moreno Ocampo's term in office ended in June 2012 and he was replaced by Fatou Bensouda of The Gambia.

Moreno Ocampo also led an investigation against leaders of the Lord's Resistance Army, who in 2005 faced arrest warrants by the ICC for crimes against humanity. Moreno Ocampo also directed an investigation against Germain Katanga and Matthieu Ngudjolo Chui,[10] who received arrest warrants in 2007 and 2008 respectively for crimes against humanity in the Democratic Republic of Congo.[11] In March 2008, according to an Argentine online news report, Moreno Ocampo explained the FARC, the largest guerrilla group in Colombia, was plausible for an investigation by the International Criminal Court.[10] Moreno Ocampo began implementing preliminary tests in Colombia, which involved evaluating prosecutions of paramilitary commanders in Colombia, interviews with victims of the FARC, among others.[10] Moreno-Ocampo explained the FARC could be investigated for crimes against humanity.[10] He paid a visit to Colombia in August, after which the ICC launched an investigation on the "support network for FARC rebels outside Colombia".[12]

The ICC's first trial, of Congolese militia leader Thomas Lubanga, was suspended on 13 June 2008 when the court ruled that the Prosecutor's refusal to disclose potentially exculpatory material had breached Lubanga's right to a fair trial.[13] The Prosecutor had obtained the evidence from the United Nations and other sources on the condition of confidentiality, but the judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial".[13] On 2 July 2008, the court ordered Lubanga's release, on the grounds that "a fair trial of the accused is impossible, and the entire justification for his detention has been removed",[14][15] but an Appeal Chamber agreed to keep him in custody while the Prosecutor appealed.[16]

Moreno Ocampo agreed on 18 November 2008, to make all the confidential information available to the court, and the Trial Chamber reversed its decision and ordered that the trial could go ahead;[17][18] but he would be widely criticised for his actions.[18][19][20][21]

On 10 July 2012 Trial Chamber 1 of the ICC sentenced Thomas Lubanga to 14 years in prison, from which the 6 years he has been in remand will be deducted.[22] The prosecution had asked for a sentence of 30 years detention. In its Decision on Sentence the Trial Chamber was sharply critical of Moreno Ocampo's attempts to introduce evidence of sexual violence, which was not part of the charges against Lubanga. The Trial Chamber wrote: The Chamber strongly deprecates the attitude of the former Prosecutor in relation to the issue of sexual violence. He advanced extensive submissions as regards sexual violence in his opening and closing submissions at trial, and in his arguments on sentence he contended that sexual violence is an aggravating factor that should be reflected by the Chamber. However, not only did the former Prosecutor fail to apply to include sexual violence or sexual slavery at any stage during these proceedings, including in the original charges, but he actively opposed taking this step during the trial when he submitted that it would cause unfairness to the accused if he was convicted on this basis.[23]

He was also criticised for his decision in July 2008 to publicly charge Omar al-Bashir, the President of Sudan, with genocide, war crimes and crimes against humanity. Antonio Cassese,[24] Rony Brauman[25] and Alex de Waal[26] argued that there was insufficient evidence to charge al-Bashir with genocide. Cassese, a former President of the International Criminal Tribunal for the former Yugoslavia, had chaired the United Nations Commission of Inquiry on Darfur, which concluded in 2005 that the government of Sudan had not pursued a policy of genocide in Darfur.[27]

De Waal argued that "for nineteen years, President Bashir has sat on top of a government that has been responsible for incalculable crimes [...] Two weeks ago, Moreno Ocampo succeeded in accusing Bashir of the crime for which he is not guilty. That is a remarkable feat."[26] Cassese also argued that if Moreno Ocampo were serious about prosecuting al-Bashir, he should have issued a sealed request and asked the judges to issue a sealed arrest warrant, to be made public only once al-Bashir traveled abroad, instead of publicly requesting the warrant, allowing al-Bashir to avoid arrest simply by remaining in Sudan.[24]

Moreno Ocampo requested arrest warrants in November 2008 for rebels responsible for the murder of members from an international peacekeeping force in Darfur.[28] Leaders from three Darfur tribes, said to be the victims of war crimes, sued him for libel, defamation and igniting hatred and tribalism.[29]

Moreno Ocampo announced the six 'prime suspects' also known as the Ocampo Six in the Kenya post-election violence of 2007 on 15 December 2010. He named suspended Minister of Higher Education William Ruto, Minister for Industrialisation Henry Kosgey, Deputy Prime Minister Uhuru Kenyatta, former Commissioner of the Kenya Police Major General Mohammed Hussein Ali, Head of Public Services Francis Muthaura, and journalist Joshua Arap Sang as leading perpetrators of the incidents.

Libya[edit]

On 3 March 2011, Moreno Ocampo declared that "there will be no impunity in Libya" as he announced the beginning of an investigation on crimes against humanity committed by either Libyan security forces loyal to leader Muammar Gaddafi or the opposition to the Gaddafi government during the 2011 Libyan civil war. On 16 May 2011, he filed a request to the ICC to issue an arrest warrant against Muammar Gaddafi, his son Saif al-Islam, and Libyan intelligence chief Abdullah Senussi, for crimes against humanity.[30] The Court issued the warrants on 27 June 2011.

Notes[edit]

  1. ^ Moreno Ocampo's surnames are often hyphenated in English-language media to distinguish Moreno as a surname, rather than a given name.

References[edit]

  1. ^ Memoria Abierta: Luis Moreno Ocampo (Spanish)
  2. ^ http://news.yale.edu/2013/08/22/new-jackson-senior-fellows-bring-global-expertise-yale
  3. ^ Luis Moreno-Ocampo (2003). Curriculum Vitae PDF. Retrieved on 3 February 2009.
  4. ^ a b c International Criminal Court. "The Prosecutor". Retrieved on 3 February 2009.
  5. ^ a b Stephen Cviic (21 April 2003). "Profile: Luis Moreno Ocampo". BBC News. Retrieved on 3 February 2009.
  6. ^ BBC Mundo (14 July 2008). "Perfil de Luis Moreno Ocampo" (Spanish). Retrieved on 12 February 2009.
  7. ^ "La Corte del Pueblo" youtube video
  8. ^ "All Situations". International Criminal Court. Retrieved 2013-01-16. 
  9. ^ It should be noted that in the case of Côte d'Ivoire a referral by a state party was not possible as Côte d'Ivoire is not a state party to the Rome Statute.
  10. ^ a b c d "Las FARC pueden ser investigadas por 'crímenes de lesa humanidad'" March 2008 [1]
  11. ^ Coalition for the International Criminal Court
  12. ^ "Swiss FARC network exists, alleges ICC prosecutor" Sep. 2008
  13. ^ a b International Criminal Court (13 June 2008). Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008 PDF. Retrieved on 3 February 2009.
  14. ^ International Criminal Court (2 July 2008). Decision on the release of Thomas Lubanga Dyilo PDF. Retrieved on 3 February 2009.
  15. ^ International Criminal Court (16 June 2008). "Trial Chamber I ordered the release of Thomas Lubanga Dyilo – Implementation of the decision is pending". Retrieved on 3 February 2009.
  16. ^ International Criminal Court (7 July 2008). "The Appeals Chamber gives suspensive effect to the appeal against the decision on the release of Thomas Lubanga". Retrieved on 3 February 2009.
  17. ^ International Criminal Court (18 November 2008). "Stay of proceedings in the Lubanga case is lifted – trial provisionally scheduled for 26 January 2009". Retrieved on 3 February 2009.
  18. ^ a b Agence France-Presse (18 November 2008). "Road cleared for start of ICC's long-delayed first trial". Retrieved on 3 February 2009.
  19. ^ David Pallister (18 August 2008). "Human rights: Growing clamour to remove the Hague prosecutor who wants Sudanese president arrested". The Guardian. Retrieved on 3 February 2009.
  20. ^ The Economist (11 December 2008). "Sudanese justice begins at home". Retrieved on 3 February 2009.
  21. ^ Joshua Rozenberg (3 July 2008). "Why the world's most powerful prosecutor should resign: Part 1". Telegraph.co.uk. Retrieved on 3 February 2009.
  22. ^ Trial Chamber 1: Decision on Sentence pursuant to Article 76 of the Statute (10 July 2012). ""
  23. ^ Decision on Sentence, par. 60.
  24. ^ a b Antonio Cassese (July 2008). "Flawed International Justice for Sudan". Retrieved on 3 February 2009.
  25. ^ Rony Brauman (23 July 2008). "The ICC's Bashir Indictment: Law Against Peace". World Politics Review. Retrieved on 3 February 2009.
  26. ^ a b Alex de Waal (29 July 2008). "Moreno Ocampo's Coup de Theatre". Retrieved on 3 February 2009.
  27. ^ International Commission of Inquiry on Darfur (25 January 2005). Report to the Secretary-General PDF, p. 4. Retrieved on 3 February 2009.
  28. ^ "Hague Warrants For Darfur Rebels" Nov. 2008
  29. ^ http://www.islamonline.net/english/news/2008-09/14/03.shtml
  30. ^ Libya: ICC prosecutor seeks warrant for Gaddafi, 16 May 2011

External links[edit]