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Chief Prosecutor Joins War Crimes Court

June 16, 2003

As one of Argentina's top prosecutors, Luis Moreno Ocampo fought military dictators and corrupt officials. On Monday, he began battling despots and ruthless killers as the world's chief prosecutor.

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Luis Moreno Ocampo will have to take down despots and opposition from Washington for the International Criminal Court to succeed.Image: AP

During the mid-1980s, Luis Moreno Ocampo served as one of the attorneys who prosecuted the military junta of Jorge Videlas. By doing so, he helped draw a close to a painful chapter in Argentinian history -- a time marked by a corrupt government that ordered the killing and torture of thousands of political dissidents between 1980-84.

United Nations officials believe Ocampo can be an equally successful prosecutor of today's tyrants -- leaders like former Yugoslav President Slobodan Milosevic or the chieftans of the Hema and Lendu tribes, who have killed scores of innocents in their ethnic fighting in Congo.

This week, Ocampo will fill his latest legal role -- that of the world's chief prosecutor. On Monday, officials at the International Criminal Court (ICC) in The Hague swore in Ocampo, who will now lead the United Nations court that prosecutes cases of war crimes, genocide and crimes against humanity. Though the United States is refusing to participate and even successfully demanded a U.N. resolution immunizing American soldiers from ICC prosecution, the court will effectively begin its work this week.

For Ocampo, it's a feather in the cap in a long and colorful legal career.

Fighting corruption and tying history's loose ends

Ocampo was only 33 when he served as assistant to the chief federal prosecutor in the Videlas trials. His work, which represented the first prosecution of any military junta in Latin America, led to a meteoric rise for Videlas on the international stage.

Ocampo did not stop at prosecuting Videlas' willing helpers -- he also went after putschists, generals and corrupt police. His work garnered accolade after accolade, and he gained the reputation of being a brilliant analyst and uncorruptible lawyer.

During the early 1990s, he retired from public service to open his own law firm with a partner. He took on star clients and star cases, like soccer legend Diego Maradona and, later, Italian Holocaust victims who sued the Argentine government for the extradition of Nazi officer Erich Priebke. In 2001, Ocampo won the case and secured Priebke's deportation.

Down to earth

The father of four is respected for his down-to-earth style -- and observers say he lacks any semblance of arrogance or conceit. In Argentina, he even starred as a judge on his own law and order television show. Later, he became a tele-prosecutor, hunting down corrupt politicians and businessmen in a legal twist on "Cops" and "Candid Camera." Ocampo would expose the offenders as they were committing a crime or deception on camera. Though the show might sound rather sensational, it actually helped solidify his reputation as a law man. He has also repeatedly defended his television work, saying that unconventional measures are permissible if they help uncover the truth. His legions of fans, at home and at the U.N., apparently agree.

Now at age 50, Ocampo is considered an international expert on corruption and human rights, and his services as a consultant are in demand from national governments, the United Nations and the World Bank. Last year, he served as a guest professor at Harvard University.

Given the long string of successes he has chalked up in his career, there was virtually no criticism when his appointment as the ICC's chief prosecutor was unanimously approved in April. Human rights experts from a number of organizations greeted his selection. As a citizen of a country that is largely perceived as neutral -- that is, it is neither a member of NATO nor any other military alliance -- observers say he could also serve as a bridge builder at the international court.

A prosecutor in waiting

But it could take months or years before the court lands any spectacular cases. The ICC's 18 judges officially started work in March, but with the support of only 90 countries, the tribunal has yet to achieve a truly global mandate. Nor does it have a formal headquarters; it's literally a garage operation, with makeshift administrative offices located in a renovated parking garage.

And, of course, a number of the world's most influential countries are still refusing to recognize the court, including the United States, China, Russia and Israel. The United States went so far as to pressure 37 countries to sign bilateral agreements pledging not to hand U.S. citizens over to the court -- a move that has become a major sticking point in transatlantic relations.

But the court's president, Phillipe Kirsch, is optimistic that that will change down the road. "The United States is against the court right now, but for me the solution of the problem is just a question of time," Kirsch said. "In five or ten years, the political conditions will have changed, but the court will still be there." In other words, the court may have a better chance at gaining U.S. support after the current administration leaves office.

It's likely that Ocampo will prosecute his first case before the U.S. comes on board. He now has more than 200 possible cases sitting on his desk, but only a fraction of them will make it to court.

The ICC is only able to prosecute cases involving crimes committed after July 2002 that a country either cannot or does not want to try on its own. The most often cited possibilities for a first major case are war crimes in the Republic of Congo, Sierra Leone and Colombia, but few believe any case will be accepted before 2004.