Luis Moreno Ocampo
Encyclopedia
José Luis Moreno OcampoMoreno Ocampo's surnames are often hyphenated in English-language media to distinguish Moreno as a surname, rather than a given name. (born June 4, 1952) is an Argentine
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...

 lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

 who has been the Prosecutor
Prosecutor of the International Criminal Court
The Prosecutor of the International Criminal Court is the officer of the International Criminal Court whose duties include the investigation and prosecution of the crimes under the jurisdiction of the International Criminal Court, namely genocide, crimes against humanity and war crimes as well as...

 of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

 (ICC) since June 16, 2003. He previously worked as a prosecutor in Argentina, famously combating corruption and prosecuting human rights abuses by senior military officials in the Trial of the Juntas. He has also lectured in criminal law and practiced law privately.

Career in Argentina

Born in Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...

, Moreno Ocampo graduated from the University of Buenos Aires
University of Buenos Aires
The University of Buenos Aires is the largest university in Argentina and the largest university by enrollment in Latin America. Founded on August 12, 1821 in the city of Buenos Aires, it consists of 13 faculties, 6 hospitals, 10 museums and is linked to 4 high schools: Colegio Nacional de Buenos...

 Law School in 1978, and from 1980 to 1984 worked as a law clerk in the office of the Solicitor General.

From 1984 to 1992, Moreno Ocampo worked as a prosecutor in Argentina. He first came to public attention in 1985, as Assistant Prosecutor in the "Trial of the Juntas" with Chief Prosecutor Julio César Strassera
Julio César Strassera
Julio César Strassera is an Argentine lawyer and jurist. He served as Chief Prosecutor during the historic 1985 Trial of the Juntas.-Early life:...

. This trial was the first since the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....

 that senior military commanders were prosecuted for mass killings. Nine senior commanders, including three former heads of state, were prosecuted and five of them were convicted. He served as District Attorney for the Federal Circuit of the City of Buenos Aires from 1987 to 1992, during which time he prosecuted the military commanders responsible for the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...

, the leaders of two military rebellions
Carapintadas
The were a group of mutineers in the Argentine Army, who took part in uprisings during the presidency of Raúl Alfonsín in Argentina.In December 1986, the Ley de Punto Final was introduced...

, and dozens of high-profile corruption cases. He also successfully argued for the agreement of United States prosecutors to extradite General Guillermo Suárez Mason
Guillermo Suárez Mason
Carlos Guillermo Suárez Mason was an Argentine military officer convicted for Dirty War crimes during the 1976 — 83 military dictatorship. He was in charge of the Batallón de Inteligencia 601.-Biography:...

 to Argentina.

He resigned as a prosecutor in 1992 and established a private law firm, Moreno Ocampo & Wortman Jofre. He defended several controversial figures, including Diego Maradona
Diego Maradona
Diego Armando Maradona is a retired Argentine football player and widely regarded as one of the greatest football players of all time. Over the course of his professional club career Maradona played for Argentinos Juniors, Boca Juniors, Barcelona, Napoli, Sevilla and Newell's Old Boys, setting...

, former economics minister Domingo Cavallo
Domingo Cavallo
Domingo Felipe "Mingo" Cavallo is an Argentine economist and politician. He has a long history of public service and is known for implementing the Convertibilidad plan, which fixed the dollar-peso exchange rate at 1:1 between 1991 and 2001, which brought the Argentine inflation rate down from over...

, and a priest accused of sexually abusing minors. He represented the victims in extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...

 proceedings against Nazi war criminal Erich Priebke
Erich Priebke
Erich Priebke is a former Hauptsturmführer in the Waffen SS. In 1996 he was convicted of war crimes in Italy, for participating in the massacre at the Ardeatine caves in Rome, on March 24, 1944...

, and also in the trial of the murderer of Chilean General Carlos Prats
Carlos Prats
General Carlos Prats González was a Chilean Army officer, a political figure, minister and Vice President of Chile during President Salvador Allende's government, and General Augusto Pinochet's predecessor as commander-in-chief of the Chilean Army...

.

During this time, he was also an Associate Professor of criminal law at the University of Buenos Aires and a visiting professor at Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...

 and Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

. He has acted as a consultant to the World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...

, the Inter-American Development Bank
Inter-American Development Bank
The Inter-American Development Bank is the largest source of development financing for Latin America and the Caribbean...

 and the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

. He is a former member of the advisory board of Transparency International
Transparency International
Transparency International is a non-governmental organization that monitors and publicizes corporate and political corruption in international development. It publishes an annual Corruption Perceptions Index, a comparative listing of corruption worldwide...

 and a former president of its Latin America
Latin America
Latin America is a region of the Americas where Romance languages  – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...

 and Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...

 office.

During the late 1990s, he starred in a reality television
Reality television
Reality television is a genre of television programming that presents purportedly unscripted dramatic or humorous situations, documents actual events, and usually features ordinary people instead of professional actors, sometimes in a contest or other situation where a prize is awarded...

 programme, Fórum, la corte del pueblo, in which he arbitrated
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...

 private disputes.

The International Criminal Court

On 21 April 2003, Moreno Ocampo was elected unopposed as the first Prosecutor of the new International Criminal Court. He was sworn in for a nine-year term on 16 June 2003. As of April 2011, in his capacity as the Prosecutor of the Court he The court

Moreno Ocampo also led an investigation against leaders of the Lord’s Resistance Army, who in 2005 faced arrest warrants by the ICC for crimes against humanity. In October 2006 a media spokesman in the prosecutor’s office filed an internal complaint accusing Moreno-Ocampo of sexual misconduct. A panel of three ICC judges
Judges of the International Criminal Court
The eighteen judges of the International Criminal Court are elected for nine-year terms by the member-countries of the court. Candidates must be nationals of those countries and they must "possess the qualifications required in their respective States for appointment to the highest judicial...

 investigated the complaint and found that it was "manifestly unfounded" but Moreno-Ocampo generated a controversy when he summarily dismissed the staff member who made the complaint. The Administrative Tribunal of the International Labour Organization
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...

 subsequently awarded the employee almost £
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...

120,000 in damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...

, ruling that Moreno-Ocampo had breached due process and seriously infringed the employee's rights. The ILO held that the original complaint against Moreno-Ocampo had been made in good faith, and that Moreno-Ocampo should not have participated in the decision to fire the employee as he had a personal interest in the matter.

Moreno Ocampo directed an investigation against Germain Katanga and Matthieu Ngudjolo Chui, who received arrest warrants in 2007 and 2008 respectively for crimes against humanity in the Democratic Republic of Congo. In March 2008, according to an Argentine online news report, Moreno Ocampo explained the FARC, the largest guerrilla group in Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...

, was plausible for an investigation by the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

. Moreno Ocampo began implementing preliminary tests in Colombia, which involved evaluating prosecutions of paramilitary commanders in Colombia, interviews with victims of the FARC, among others. Moreno-Ocampo explained the FARC could be investigated for crimes against humanity. He paid a visit to Colombia in August, after which the ICC launched an investigation on the “support network for FARC rebels outside Colombia.”

The ICC's first trial, of Congolese militia leader Thomas Lubanga
Thomas Lubanga
Thomas Lubanga Dyilo is a former rebel leader from the Democratic Republic of the Congo . He founded and led the Union of Congolese Patriots and was a key player in the Ituri conflict...

, was suspended on 13 June 2008 when the court ruled that the Prosecutor's refusal to disclose potentially exculpatory material
Brady material
Brady material consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of...

 had breached Lubanga's right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....

. The Prosecutor had obtained the evidence from the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 and other sources on the condition of confidentiality, but the judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial". On 2 July 2008, the court ordered Lubanga's release, on the grounds that "a fair trial of the accused is impossible, and the entire justification for his detention has been removed", but an Appeal Chamber agreed to keep him in custody while the Prosecutor appealed.

Moreno Ocampo agreed on November 18, 2008, to make all the confidential information available to the court, and the Trial Chamber reversed its decision and ordered that the trial could go ahead; but he would be widely criticised for his actions.

He was also criticised for his decision in July 2008 to publicly charge Omar al-Bashir
Omar al-Bashir
Lieutenant General Omar Hassan Ahmad Al-Bashir is the current President of Sudan and the head of the National Congress Party. He came to power in 1989 when he, as a brigadier in the Sudanese army, led a group of officers in a bloodless military coup that ousted the government of Prime Minister...

, the President of Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...

, with genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

, war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...

s and crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...

. Antonio Cassese
Antonio Cassese
Antonio Cassese was an Italian jurist who specialized in public international law. He was formerly associated with the Special Tribunal for Lebanon which he presided over until his resignation on health grounds in 1 October 2011...

, Rony Brauman
Rony Brauman
Rony Brauman, born June 19, 1950, in Jerusalem, is a French physician specializing in tropical diseases.He was one of the early members of Médecins Sans Frontières , and was its president from 1982 to 1994...

 and Alex de Waal
Alex de Waal
Alexander William Lowndes de Waal is a British writer and researcher on African issues. He was a fellow of the Harvard Humanitarian Initiative at Harvard University, as well as program director at the Social Science Research Council on AIDS in New York City...

 argued that there was insufficient evidence to charge al-Bashir with genocide. Cassese, a former President of the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...

, had chaired the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 Commission of Inquiry on Darfur
Commission of Inquiry on Darfur
The following is a summary of a public report. The full report can be found on the United Nations website listed in the external links.The International Commission of Inquiry on Darfur was established pursuant to United Nations Security Council Resolution 1564 , adopted on 18 September 2004...

, which concluded in 2005 that the government of Sudan had not pursued a policy of genocide in Darfur.

De Waal argued that "for nineteen years, President Bashir has sat on top of a government that has been responsible for incalculable crimes [...] Two weeks ago, Moreno Ocampo succeeded in accusing Bashir of the crime for which he is not guilty. That is a remarkable feat." Cassese also argued that if Moreno Ocampo were serious about prosecuting al-Bashir, he should have issued a sealed request and asked the judges to issue a sealed arrest warrant, to be made public only once al-Bashir traveled abroad, instead of publicly requesting the warrant, allowing al-Bashir to avoid arrest simply by remaining in Sudan.

Moreno Ocampo requested arrest warrants in November 2008 for rebels responsible for the murder of members from an international peacekeeping force in Darfur. Leaders from three Darfur tribes, said to be the victims of war crimes, sued him for libel, defamation and igniting hatred and tribalism.

Moreno Ocampo announced the six prime suspects in the Kenya post-election violence of 2007
2007–2008 Kenyan crisis
The 2007–2008 Kenyan crisis refers to a political, economic, and humanitarian crisis that erupted in Kenya after incumbent President Mwai Kibaki was declared the winner of the presidential election held on December 27, 2007. Supporters of Kibaki's opponent, Raila Odinga of the Orange Democratic...

 on December 15, 2010. He named suspended Minister of Higher Education William Ruto
William Ruto
William Kipchirchir Samoei arap Ruto is a Kenyan politician who was Minister for Higher Education until 19 October 2010 after being suspended for corruption. He is also one of the two deputy party leaders of the Orange Democratic Movement. He had previously served in the Ministry of Agriculture...

, Minister for Industrialisation Henry Kosgey, Deputy Prime Minister Uhuru Kenyatta
Uhuru Kenyatta
Uhuru Muigai Kenyatta is a Kenyan politician, currently serving as Deputy Prime Minister, Minister for Finance and MP for Gatundu South Constituency. He is the Chairman of Kenya African National Union , the former ruling party, which is currently part of the Party of National Unity...

, former Commissioner of the Kenya Police
Kenya Police
The Kenya Police is a national body in charge of law enforcement in the East Africa State of Kenya. While organised at a national level, each arm reports to a Provincial police authority, which in turn divides its force by local Police Divisions, headquartered at local police stations...

 Major General Mohammed Hussein Ali
Mohammed Hussein Ali
Major General Mohammed Hussein Ali is an ethnic Somali military commander. He was the former Commissioner of the Kenya Police, and is currently Chief Executive of the Postal Corporation of Kenya.-Early life:...

, Head of Public Services Francis Muthaura
Francis Muthaura
Francis Kirimi Muthaura is a prominent Kenyan civil servant. Muthaura is a close ally of President Mwai Kibaki. He is the Head of Civil Service and Secretary to the Cabinet....

, and journalist Joshua Arap Sang as leading perpetrators of the incidents. His term at the ICC is due to expire in mid-2012.

Libya

On March 3rd, 2011 Ocampo announced that "there will be no impunity in Libya" as he announced the beginning of an investigation on crimes against humanity committed by either Libyan security forces or the opposition to the Gaddafi regime during the Libyan revolution. On May 16, 2011 he filed a request to the ICC
ICC
-Political:* International Control Commission, which oversaw the 1954 Geneva Accords ending the First Indochina War* International Communist Current, a communist organization* Interstate Commerce Commission, a now defunct US Government regulatory body...

 to issue an arrest warrant against Col Gaddafi, his son Saif al-Islam, and Libyan intelligence chief Abdullah al-Sanussi, for crimes against Humanity.
On June 27th 2011, The International Criminal Court issued arrest warrants for Libyan leader Moammar Gadhafi, his son and his intelligence chief for crimes against humanity.

External links

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