A step toward justice

Nicknamed “The Terminator,” Bosco Ntaganda sat down in a courtroom of the International Criminal Court at The Hague on Nov. 7, 2019 as Judge Robert Fremr read the shocking evidence against him, including the sexual slavery of a 13-year-old.

Ntaganda, former deputy chief of staff and commander of operations of the Forces Patriotiques pour la Libération du Congo (FPLC) at the Democratic Republic of Congo (DRC), was sentenced for crimes against humanity committed from 2002 to 2003 in the Ituri district of the DRC, including murder, rape, sexual slavery and the use of child soldiers. The case’s prosecutor is Karim Khan.

On sexual slavery, Judge Fremr highlighted the case of the 13-year-old rape victim who underwent years of surgery and developed a long-lasting fear that caused her to drop out of school, according to a BBC report.

BBC correspondent Anna Holligan, reporting from The Hague that fateful day, gave this account:

“Once famous for his pencil moustache and penchant for cowboy hats, Bosco Ntaganda, in a red tie and dark suit, appeared a picture of calm conformity in court as the harrowing evidence against him was read out.

“The public gallery was packed – not with friends, family and supporters, but students, journalists and human rights groups keen to witness Ntaganda go down in history as the first person to be convicted by the ICC of sexual crimes. It was something of a victory for the victims, particularly the women, that the court recognized gender violence and acknowledged rape as a weapon of war.

“Ntaganda was also the first suspect to voluntarily surrender to the court, but judges were not convinced he’d done the honorable thing. They believed he had flip-flopped between sides – fighting for the rebels, then the state army – and that when his luck in Congo was running out he surrendered to The Hague as simply an act of self-preservation.”

Ntaganda was sentenced to 30 years imprisonment. He was transferred to the Kingdom of Belgium to serve his sentence at the Leuze-en-Hainaut prison.

Indeed, the ICC is real.

At present, there are seven leaders, including former army and police force leaders, in the custody of the ICC, according to its website. One is Ali Muhammad Ali Abd-Al-Rahman, a senior Janjaweed commander who supported the Sudanese government against Darfur rebel groups during the Omar al-Bashir presidency.

His case sheet showed that he allegedly committed crimes against humanity between August 2003 and April 2004 in Darfur, Sudan, including directing attacks against the civilian population in four villages in West Darfur.

These are the crimes: murder, attempted murder, pillage, rape, torture, destruction of property, outrages upon personal dignity, as well as cruel and other inhumane treatment.

He surrendered himself voluntarily. Trial is ongoing.

Sixteen other defendants are at large. At present, there are 31 cases and 14 investigations at the ICC, according to data from The Hague tribunal.

The Philippines’ case

As I write this, another chapter in the history of international justice unfolds and the Philippines is at the center of it.

Mid-afternoon on Tuesday, victims of Duterte’s drug war and their families waited with bated breath for the ICC appeals chamber’s decision. At exactly 4 p.m. Manila time, the chamber confirmed the prosecutor’s resumption of investigation into alleged crimes against humanity in Duterte’s bloody war, moving the victims and their kin a step closer to justice.

A five-judge bench dismissed – by majority – the Philippine government’s objection that the ICC had no jurisdiction over the matter because the country pulled out of the court in 2019.

Prosecutor Karim Khan can now resume gathering evidence, and can request for the issuance of arrest warrants or summonses if he so determines enough grounds for it.

On the eve of the ICC ruling, Justice Secretary Jesus Crispin Remulla said the country would not implement a warrant should it be issued by the court.

Human rights

But President Marcos – if he is serious in his stated commitment to upholding human rights and if he wants to “rebrand” the Marcos name and this country he now leads – must allow his administration to cooperate with the ICC investigation.

Allowing the inquiry to proceed would also show the world what really happened inside Duterte’s drug war; whether the ex-president is indeed guilty or not for at least 6,000 extrajudicial killings. Rights groups said the number of victims may have been 20,000 or more.

Duterte, who has earned the moniker “The Punisher,” has defended the bloody drug war. In 2018, during a trip to Jerusalem, he said that he only kills criminals.

For sure, the ruling is a step toward justice for the thousands of drug war victims.

Let us remember their names. Kian delos Santos was one of them. The 17-year-old boy begged for mercy, saying he had a school test the next day, but his cries fell on deaf ears. On Aug. 16, 2017, he was shot to death by police operatives.

May the ICC decision be a sobering warning against perpetrators of human rights abuses.

Duterte, Bato, etc. and the ICC

Ex-president Rody Duterte has shrugged off the news while his former police chief, now Senator Ronald “Bato” Dela Rosa said he is “unbothered” by the latest development.

Will The Punisher follow the fate of The Terminator and be tried at the ICC as well? Or will it be the unbothered chief implementor of the drug war who will take the fall?

Time, as we all know, will be the ultimate truth-teller.

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Email: [email protected]. Follow her on Twitter @eyesgonzales. Column archives at EyesWideOpen on FB.