OSJI’s Eric Witte describes the verdict as a “worrying signal about the quality of ICC prosecutions,” while human rights groups suggest that the court has failed to provide justice to Congolese victims of war crimes and crimes against humanity.
These reactions are undoubtedly valid, but there’s a silver lining.
Courts have to do two things to establish their legitimacy. They must show that they can enforce accountability for unlawful behavior, and they must demonstrate their allegiance to the legal process rather than politics. That second criterion is a particular challenge for the International Criminal Court, a relatively new legal institution operating in a highly politicized context.
Yesterday’s acquittal shows that, although the ICC faces tremendous pressure to deliver convictions, it will not operate merely as a stamp on public consensus about a defendant’s guilt. If the prosecution failed to prove the charges against Ngudjolo beyond a reasonable doubt, then it is an important and positive development for international justice that the Trial Chamber declined to convict him.