"There are some great interviews in the film..."

DVD Review

Title: Prosecutor

Director: Barry Stevens

Produced by: White Pine Pictures and National Film Board of Canada

Starring: Luis Moreno-Ocampo

Release Date: February 14, 2012

Runing Time: 94 Minutes

Reviewed By Tessa Perkins

The International Criminal Court (ICC) was created in 1988 by the signing of the Rome Statute, but only began its first trial in 2008. This documentary follows chief prosecutor Luis Moreno-Ocampo as he prepares for this trial and other cases he is currently working on. The film has inside access into the proceedings and it is very interesting to see how the court if viewed by its supporters as well as its opponents. While the court, located in the Netherlands, is striving to bring justice to the world, without its own police force or any way to enforce its laws, some worry that it is causing more harm than good. 

As the controversial court prepares for its first trial, the pressure is on to show the world that it can be used as a weapon for global justice and that it is not just an idealistic dream. The court is set up to prosecute the worst crimes against humanity such as genocide and war crimes like using child soldiers. One of the major criticisms of the court is that they have little power and must persuade people to accept global justice through cooperation among the 120 ICC member states. The fact that the US, China, and Russia refused to join makes it harder still for the court to assert any power.

The first trial is against Thomas Lubanga of the Democratic Republic of Congo, who is charged with using child soldiers. Many of the children are witnesses in the case and they talk about the gruesome things they saw during the civil war. While the witness’s faces are blurred and their voices are muffled, the film shows us the courtroom during the trial and it is very interesting to see how a trial of this magnitude is conducted.

There are some great interviews in the film, such as 96-year-old Benjamin Ferencz, who was a prosecutor at Nuremburg. He supports Moreno-Ocampo and visits the ICC to discuss the progress that’s been made in his lifetime. He is optimistic that things will get better, and he says that the fact that we even have a permanent court for these types of crimes is extremely motivating. Mahmood Mamdani of Columbia University is also interviewed to give his opinion on why the ICC is not effective. He discusses things like the fact that the ICC has mainly focused only on African cases, which has caused many to say they are unfairly targeting that part of the world.

One of the things I was very proud of while watching this film was the role that many Canadians have played in the establishment and activities of the ICC. Canada was a key supporter of the idea of establishing the court, and Canadian Philippe Kirsch led the ICC proposal writing team and went on to become a judge and president of the ICC. Canada was also the first country to adopt legislation implementing the Rome Statute (Crimes Against Humanity and War Crimes Act) in 2000.

Many Canadians are currently employed at the ICC as Canadian lawyers, especially those from Quebec, are well versed in common and civil law which are both a part of the ICC law. It also helps that the two working languages of the court are English and French. A few Canadians are interviewed in the film, including prosecutors Olivia Struyvens and Eric MacDonald who are engaged to each other. They share a funny scene in which Olivia critiques Eric’s opening speech and he becomes frustrated. Another Canadian, Matt Brubacher, leaves the ICC to join the UN and be part of direct action like rescuing soldiers who want to defect and escape the violence. 

Some of the other cases featured in the film include the issue of a warrant for Omar Hassan Ahmad Al-Bashir, President of Sudan, which caused quite a media controversy. The goal of the ICC, to end impunity for the perpetrators of the worst crimes known to humanity, is very noble, but they still have a long way to go to becoming as powerful as they need to be to achieve that goal. Moreno-Ocampo is not phased though, as he says that it is only a matter of time before the member states make an arrest on their warrants, and until then all they can do is wait and work on perfecting their cases.      

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