International Criminal Court

On March 14 2012, the International Criminal Court (ICC) convicted its first defendant Thomas Lubanga Dyilo, for enlisting, conscripting and using child soldiers under 15 years of age. It took Presiding Judge Adrian Fulford just over half an hour to deliver the verdict, although Mr Lubanga’s sober expression throughout the hearing suggested he saw the conviction coming before it was formally announced.

Watching the hearing, I was struck by how much of the Court’s politics could be read into the courtroom proceedings, or perhaps projected onto them. In their uniform black, the lawyers appeared as de-personified components of a system, while Mr Lubanga, all in white, stood out as the human in that system. The person on trial, the individual whose rights to a fair and impartial hearing are spelled out in the ICC Statute. 

The judges’ commitment to upholding these rights has been apparent over the six years of the trial. In fact, concerns that Mr Lubanga was not getting a fair trial nearly drove the judges to stop the trial on two occasions. First when the Prosecutor refused to disclose evidence that might have helped Mr Lubanga’s defence, and again when he refused to reveal the identity of an intermediary who had assisted with the investigations.

Continue reading "A landmark decision for international justice" »

‘Stop firing’ screamed the Afghan interpreter metres away from a suspected Taliban leader as he emptied his magazine towards a small band of Australian commandos. As the walls exploded the insurgent responded by clipping on a fresh magazine and unloading it at them. The Australians returned fire and lobbed a grenade into the dark room. 

The firing ceased. As they crept into the room they noticed a sight that will haunt them forever. 

The suspected Taliban leader lay dead amongst a human shield comprising women and children.

Continue reading "Military injustice: our troops should not be charged" »