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Movie: THE RECKONING: The Battle for the International Criminal Court
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July 09, 2009 10:04 AM PDT
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Aired 07/07/09

THE RECKONING opens on a man holding a human skull in a lonely field. "Without justice," he says, "people have no respect for each other. If this is left unpunished, it will be repeated."

He is speaking of the more than 5 million people killed in the wars that have torn eastern Congo apart since 1998. But he might as well have been speaking for the victims of mass murder in Guatemala (200,000), Cambodia (1.7 million), East Timor (200,000), Sierra Leone (50,000), Bosnia (200,000) and Rwanda (800,000), to name only the most notorious cases.

The Nurmeburg trials following World War II introduced a new sensibility and legitimacy to international criminal justice and serve as the inspiration for the creation half a century later of the International Criminal Court. Over 100 countries have united to form the first permanent court created to prosecute perpetrators, no matter how powerful, of crimes against humanity, war crimes and genocide.

But the Court was not given a police force or other enforcement arm, and faces major obstacles in pursuing its mission from nations that have not joined the treaty - including China, Russia and the United States. George Bush's UN ambassador, John Bolton, proudly expressed his contempt. "We should isolate and ignore the ICC. Specifically, I propose for the United States policy ... Three No's: no financial support, directly or indirectly; no collaboration; and no further negotiations with other governments to improve the Statute. [...] This approach is likely to maximize the chances that the ICC will wither and collapse, which should be our objective."

The ICC has other problems on its hands these days. A joint declaration issued at the end of an African Union summit this weekend in Libya said member states would not cooperate in the arrest and surrender of Sudan's president Omar al-Bashir on war crimes charges. Summit host, Libyan leader Moammar Gadhafi was quoted as saying the ICC represents a "new world terrorism".

Several African members of the ICC are uncomfortable with the AU declaration. Botswana's Foreign Minister, Phandu Skelemani, says his country reaffirms its position that it has treaty obligations to cooperate with the ICC in Mr. Bashir's arrest. Sudan's rival, Chad, has also indicated it would not honor the decision.

THE RECKONING airs nationally on POV Tuesday, July 14 at 10 PM and in Southern California on KCET Thursday, July 16 at 8:30 PM. It will stream for 30 days following the broadcast @ http://www.pbs.org/pov/reckoning/

PACO de ONIS, Producer,
THE RECKONING: The Battle for the International Criminal Court

CHRISTINE CHUNG
trial attorney, Office of the Prosecutor, ICC