The ICC Up Close
IWPR trainee who reports on ICC-related issues in eastern DRC pays
visit to The Hague to witness firsthand the trials she follows back
home.
By Passy Mubalama - International Justice - ICC
ACR Issue 288, 17 Feb 11
 Building of the International Criminal Court in The Hague. (Photo: Hanhil)1
I was shivering out of both joy and fear when I landed at Schiphol
airport: joy at arriving in the home country of the International
Criminal Court, ICC, but also fear that I was so far away from home,
in unfamiliar surroundings.

Everything was new to me. People’s faces didn’t look familiar. I had
never seen escalators before.

I was very tired when I stepped out of the plane, and I was dreaming
of having a hot shower and some sleep.
But the reception I received from the immigration officials changed
all that. Although I had a Schengen visa, which should facilitate
travel within the European Union, they raised questions about my plans
to spend some weekends in France, Belgium and Norway.

“Africans do not understand how the Schengen visa works,” the
immigration official said. “To have one does not mean free travel in
the Schengen area. You have to show other guarantees that you are not
going to run away and stay in this country you plan to visit.”

I was detained for six hours at the airport. This made my sense of
isolation even worse. Since my cell phone did not work here, I could
not get in touch with anyone in the outside world. I felt as though I
was trapped half-way between Africa and Europe.

The relief that I felt when I was finally allowed to leave was immense.

One of the hardest things to adjust to in The Hague was the
temperature. There was never any sun. When a little ray n would
appear, everybody became so excited about it. It didn’t seem to matter
that the temperature remained bitterly cold.

I was especially looking forwards to visiting the ICC: this great
international court that was really starting to cause trouble for the
big fishes in my home country.

As a Congolese journalist that has been closely following the ICC, I
had so many questions about it.

I was curious to know how journalists covered the trials. Did they
have the occasion to talk to the victims, the prosecution lawyers and
the defence teams? How was the ICC able to conceal the identity of
witnesses and victims?

Once in the public gallery, I was pleasantly surprised to see how
diverse the courtroom was.

I had thought that only men would be involved in the proceedings, as
is usually the case in the DRC. But, in fact, I counted more women
than men.

Moreover, the women occupied very important positions, like Judge
Sylvia Steiner from Brazil, Judge Joyce Aluoch from Kenya and Judge
Kuniko Ozaki from Japan.

I also noticed how many different nationalities there were in the courtroom.

I used to think of the ICC as a courtroom full of white people, where
the big judges and lawyers were Europeans. But the diversity of
nationalities I saw changed my views about that. It also helped to
reassure me that whatever verdict the court came out with would be
fair.

Entering the room, I was very curious to see the defendant Jean-Pierre
Bemba face-to-face. The last time that I saw him was in 2006, when he
was campaigning for the presidential elections. This was indeed a very
different setting in which to see him.

I wondered what he was feeling after all these years spent so far from
his family; and what he thought about the unfolding of the trial and
the upcoming elections in his home country.

But I knew that I would never be able to get to talk to him, to ask
him these questions.

Ever since I started following the ICC, a question had been nagging at
me. It is the same question that most Congolese, not to say Africans,
have.

Why have only African cases been brought before the ICC? Are there no
serious crimes being committed in Europe, Asia and America? Is this
court only meant to render justice in Africa? If it is, then why call
it an “international” criminal court. Why not call it the ACC – the
African Criminal Court?

This was the perfect place to find the answers to these questions.

On my last day in The Hague, I got the opportunity to meet Caroline
Maurel, from the court’s outreach unit, and she admitted that it is an
ongoing battle to convince Africans that the court is working in their
best interests.

The court is very focused on the Congo. Thomas Lubanga, Germain
Katanga, Mathieu Ngudjolo Chui, and Jean-Pierre Bemba are all
Congolese citizens.

Even the newest detainee at the court – Calixte Mbarushimana – has a
Congolese connection. Although he is Rwandan, the crimes that he is
alleged to have committed took place in North Kivu, my home province.

There remains a huge gap between the ICC and Congolese people, which I
fear one day could lead to misunderstandings and protests among the
latter. Many believe that the ICC is very political, and this
undermines people’s confidence in the court.

So I was pleased to hear that the outreach unit is taking this issue
seriously, and reaching out to local journalists like me in order to
explain to ordinary Africans what the court is trying to achieve.

Passy Mubalama is an IWPR trainee based in Goma.


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