A Bittersweet Verdict in the Case of Mathieu Chui

Mathieu Chui, acquitted of war crimes and crimes against humanity
--AFP

Not Guilty.  The verdict came on December 18, acquitting Congolese militia leader Mathieu Ngudjolo Chui of 9 counts of war crimes and crimes against humanity, including sexual slavery, intentional attacks against civilians, and the use of child soldiers. The verdict--only the second in the court's history--is surely a relief to Mr. Chui, who since the trial's beginning has asserted his innocence, but it is a sharp blow to the ICC prosecutor, Fatou Bensouda, and her team.

The verdict was not the result of a particularly strong defense, nor convincing evidence to support the accused's claims of innocence. Rather, it was a failure of the prosecution to prove his guilt beyond a reasonable doubt, as is required in any ICC case. Presiding judge Bruno Cotte noted the witness testimonies as "too contradictory and too hazy," ordering the immediate release of Mr. Chui.

Judges Bruno Cobb and Christine Van Den Wyngaert
stand at the reading of the verdict
--Reuters

This trial's disappointing conclusion serves as a wake-up call to the Office of the Prosecutor. If the court is to maintain the trust of victims such as those in the Democratic Republic of the Congo, the prosecutor must significantly raise the quality of its investigations. In these crucial early years of the ICC, it cannot afford to have a 50% rate of acquittal. Resources are limited, as is the political will for international justice. The international community, as well as the victims of lager-scale atrocities, must see results.

But this verdict also has an up-side. It has proved (and, unlike the prosecutor, "beyond a reasonable doubt") that the court upholds its stated standard of impartiality. The ruling of "not guilty", in a verdict so highly anticipated by human rights groups, demonstrates that the court's judges will not blindly convict every individual the prosecutor presents. The ICC remains an institution of objectivity. This is a resounding victory for the judiciary. Its challenge now, the responsibility of the prosecutor, is to remain one of efficacy.