None.â
8
I N T HE H AGUE , N ETHERLANDS , Francine Les Forges, prosecutor of the United Nations International Criminal Court, was meeting with her deputy prosecutor, Atavar Strinsky. The prosecutor had her back turned and was speaking on the phone at her large, gleaming, stainless-steel desk. She smoothed her black hair with one hand.
Atavar was a young, pale-faced international law prosecutor in his second year at the ICC. While he waited for his boss to finish her telephone conversation, he glanced around her room. He had seen the pictures and plaques many times before. The framed photograph of her before the French Supreme Court of Appeals. Several framed newspaper clippings from the London Times and Le Monde, as well as articles from the New York Times and the International Herald. They all described the war crimes trial of Slobodan Milosevic, where she had been the youngest deputy assistant prosecutor on the case. On the other wall there was a large framed calligraphy in multiple colors saying the same thing in ten different tongues:
THERE WILL BE NO GLOBAL PEACE
WITHOUT GLOBAL JUSTICE
A few minutes later, Les Forges hung up and swung around in her large executive chair, facing Atavar.
âSo,â she began, âyou said you have a referral for me.â
âThis is the matter,â he began, âthat I told you about. From Mexico. The incident down in the Yucatán. I sent you over the e-file on this.â
âYes, I took a look at that. I think this is premature. But I have to tell you I am very intrigued. Quite interested. This could be a superb case for the ICC. Donât you see? This was an unparalleled act ofaggression by a small combat force of American marinesâI believe they were marines. Iâm not sure. Do you know whether they were?â
Atavar shook his head. âMs. Les Forges, we are not entirely certain about that. We believe that the commanding officer is an officer with the U.S. Marines. But as to whether or not this was a unit of the marinesâ¦for some reason the information isnât very clear on that.â
âWell, never mindâthat is not important. The United States decided to penetrate the borders of the sovereign State of Mexico in pursuit of what it has described as a cell of terrorists. But without permissionâbefore committing an assault on a civilian house. The result?â
Atavar started to rustle through the papers on his lap, mistaking the prosecutorâs rhetorical statement for a question.
âThe result?â she continued, her hands waving in the air as if she were conducting a small orchestra. âFour Mexican nationals killed in an attack that certainly appears barbaric.â
âThere is something you should know,â her deputy spoke up.
âWhat?â the prosecutor snapped.
âThis really isnât a formal referral. Itâs more like an inquiry.â
âPlease explain that to me. What are you saying?â she demanded.
âThe state partyâhere, Mexicoâhas not formally referred this matter to our office for possible prosecution. The Deputy Minister of the Interior called and merely wanted to find out whether we would be willing to look into this if it were formally referred.â
Les Forgesâ face grew animated. She snatched a cigarette out of her desk and lit it with a silver lighter, ignoring the no-smoking regulation in the ICC building.
âYou see?â she began, standing up and straightening her suit brusquely. And then she started walking around the room as she talked. âThe state party bureaucrats, they are cowards. They donât want to commit to making a formal referral. So they call usâyou see how they call us this way? Prying. Insinuating. Implying. Asking us whether we would do this, if they refer that. Would we prosecute this case if they refer the following facts to us? And I ask them to verify with a formal referral. And they turn me down