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Carla Del Ponte (born February 9, 1947) is a former Chief Prosecutor of two
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
international criminal law International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrat ...
tribunals. A former
Swiss Swiss may refer to: * the adjectival form of Switzerland *Swiss people Places * Swiss, Missouri *Swiss, North Carolina * Swiss, West Virginia *Swiss, Wisconsin Other uses * Swiss-system tournament, in various games and sports * Swiss Internation ...
attorney general, she was appointed
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
for the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
(ICTY) and the
International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
(ICTR) in August 1999, replacing
Louise Arbour Louise Bernice Arbour (born February 10, 1947) is a Canadian lawyer, prosecutor and jurist. Arbour was the UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former ...
. In 2003, the U.N. Security Council removed Del Ponte as the Prosecutor for the
ICTR The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
, and replaced her there with Hassan Bubacar Jallow following pressure from Rwanda's president Kagame who was obstructing her efforts to investigate crimes by Tutsi. She remained the Prosecutor for the ICTY until 1 January 2008, when she was succeeded by Serge Brammertz. Del Ponte was formerly married, and has one son. Del Ponte served as Swiss ambassador to Argentina from 2008 to February 2011.


Early life and education

Del Ponte was born in
Bignasco Bignasco is a village in the district of Vallemaggia, in the canton of Ticino, Switzerland, consolidated into the adjacent municipality of Cevio. Geography Bignasco is a village situated at the confluence of the river Maggia and the Bavona in t ...
,
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, in 1947. Her first language is Italian and she speaks fluent
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...
,
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
and
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...
. Del Ponte studied law in
Bern german: Berner(in)french: Bernois(e) it, bernese , neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen , website ...
and
Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaking part of Switzerland. Situa ...
, as well as in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
. She obtained her
LL.M. A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
in 1972. After completing her studies, Del Ponte joined a private law firm in Lugano, leaving in 1975 to set up her own practice.


Career


Prosecutor in Switzerland

In 1981, Del Ponte was appointed an investigating magistrate, and later public prosecutor at the
Lugano Lugano (, , ; lmo, label= Ticinese, Lugan ) is a city and municipality in Switzerland, part of the Lugano District in the canton of Ticino. It is the largest city of both Ticino and the Italian-speaking southern Switzerland. Lugano has a populat ...
district attorney's office. As public prosecutor, she dealt with cases of
money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdicti ...
,
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
,
drug trafficking A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inhalati ...
, arms smuggling,
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
and
espionage Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information ( intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tang ...
, often looking into the many international links forged in Switzerland's role as a global business centre. During her time in office, Del Ponte became well known in Europe for breaking a Sicilian Mafia money-laundering operation in Switzerland, pursuing former Soviet bloc officials who may have been stowing illegal funds in Switzerland and investigating Swiss bankers suspected of misappropriating money, in some cases in collaboration with Latin Americans. She also produced the evidence for Pakistan to bring money-laundering charges against
Benazir Bhutto Benazir Bhutto ( ur, بینظیر بُھٹو; sd, بينظير ڀُٽو; Urdu ; 21 June 1953 – 27 December 2007) was a Pakistani politician who served as the 11th and 13th prime minister of Pakistan from 1988 to 1990 and again from 1993 t ...
, a former Prime Minister, and her husband,
Asif Ali Zardari Asif Ali Zardari ( ur, ; sd, ; born 26 July 1955) is a Pakistani politician who is the president of Pakistan Peoples Party Parliamentarians and was the co-chairperson of Pakistan People's Party. He served as the 11th president of Pakist ...
. It was during that period that she and Investigative Judge
Giovanni Falcone Giovanni Falcone (; 18 May 1939 – 23 May 1992) was an Italian judge and prosecuting magistrate. From his office in the Palace of Justice in Palermo, Sicily, he spent most of his professional life trying to overthrow the power of the Sicilian ...
uncovered the link between Swiss money launderers and the Italian drug trade in the so-called "pizza connection." Judge Falcone was killed by a large Mafia bomb. Del Ponte was more fortunate as the half a tonne of explosives planted in the foundations of her
Palermo Palermo ( , ; scn, Palermu , locally also or ) is a city in southern Italy, the capital of both the autonomous region of Sicily and the Metropolitan City of Palermo, the city's surrounding metropolitan province. The city is noted for its ...
home were discovered in time for her to escape the attempted assassination unhurt. Falcone's death nurtured Del Ponte's resolve to fight organised crime. Her enemies in the
Cosa Nostra The Sicilian Mafia, also simply known as the Mafia and frequently referred to as Cosa nostra (, ; "our thing") by its members, is an Italian Mafia-terrorist-type organized crime syndicate and criminal society originating in the region of Sicily ...
call her "La Puttana" ("the whore"). She therefore became the first public figure in Switzerland to require round-the-clock protection and armour-plated car. In the late 1990s, Del Ponte and
Yuri Skuratov Yury Ilyich Skuratov (russian: Ю́рий Ильи́ч Скура́тов; born 3 July 1952) is a Russian jurist and politician. Skuratov was born in Ulan-Ude. From 1995 until 1999, he was Prosecutor General of Russia. In February 1999, he di ...
with Filipe Turover providing evidence investigated Russian corruption involving high ranking Russian officials. Earlier, both Italian and German Tax officials had started investigations. In early 2000, Filipe Turover sent messages from his residence in Switzerland to Moscow prosecutors "I'm ready to talk about Putin. Always your Turover." (russian: "Готов говорить о Путине. Всегда ваш Туровер.") Although the initial investigations were headed by Skuratov and Georgy Timofeyevich Chuglazov (russian: Георгий Тимофеевич Чуглазов), Chuglazov was promoted to adviser to the Prosecutor General of Russia by Vladimir Ustinov, who replaced Skuratov as Prosecutor General of Russia after
Boris Yeltsin Boris Nikolayevich Yeltsin ( rus, Борис Николаевич Ельцин, p=bɐˈrʲis nʲɪkɐˈla(j)ɪvʲɪtɕ ˈjelʲtsɨn, a=Ru-Boris Nikolayevich Yeltsin.ogg; 1 February 1931 – 23 April 2007) was a Soviet and Russian politician wh ...
fired Skuratov on 2 April 1999; Chuglazov was taken of the case just days before he was to travel to Switzerland in August to depose witnesses and to receive bank and other documents. The Russian prosecutor Ruslan Tamaev headed the Russian investigations which ended when his half brothers Hasan and Hussein were charged with illegal possession of drugs and weapons and he was subsequently removed from investigations. A few months later the charges against his half brothers were dropped.
Vladimir Putin Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
appointed Pavel Borodin to the diplomatic post of Secretary of the State of the Russia—Belarus Union (russian: госсекретаря союзного государства Россия--Белоруссия) which gave Borodin diplomatic immunity from prosecution and ended further investigations into Borodin's criminal activities. In 1999, Del Ponte suffered a setback when Switzerland's highest court overturned the confiscation by her office of $90 million from Swiss accounts belonging to
Raúl Salinas de Gortari Raúl Salinas de Gortari (born August 24, 1946) is a Mexican civil engineer and businessman. He is the elder brother of Carlos Salinas de Gortari, the 53rd president of Mexico. Raúl Salinas de Gortari graduated from the Faculty of Engineering ...
, the brother of a former President of Mexico. The court ruled that Del Ponte had no authority to seize the $90 million only on the suspicion that it included money from drug-trafficking. But the ruling did not absolve Salinas of the charges.


Career at the ICTY

After serving for five years as Switzerland's
attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, in 1999 Del Ponte joined the
ICTY The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
and
ICTR The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
to deal with war crimes as prosecutor. Del Ponte was the first experienced prosecutor to hold the job on the war crimes tribunals; her predecessors,
Louise Arbour Louise Bernice Arbour (born February 10, 1947) is a Canadian lawyer, prosecutor and jurist. Arbour was the UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former ...
and Richard Goldstone, were both judges. At the time, Switzerland was not a member of the United Nations, which was considered an advantage for Del Ponte. In an interview in late 2001 about war crimes committed during the
Yugoslav wars The Yugoslav Wars were a series of separate but related Naimark (2003), p. xvii. ethnic conflicts, wars of independence, and insurgencies that took place in the SFR Yugoslavia from 1991 to 2001. The conflicts both led up to and resulted from ...
of the 1990s, Del Ponte said: "Justice for the victims and the survivors requires a comprehensive effort at international and national level." As reported by
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was est ...
on March 18, 2003, according to Del Ponte, Serbian Prime Minister
Zoran Đinđić Zoran Đinđić ( sr-Cyrl, Зоран Ђинђић, ; 1 August 1952 – 12 March 2003) was a Serbian politician who served as the prime minister of Serbia from 2001 until his assassination in 2003. He was the mayor of Belgrade in 1997. Đinđi� ...
had predicted his own assassination on February 17, just weeks before it happened on March 12, 2003. In August 2003, after being on the Rwandan genocide case for four years, Del Ponte was removed from the appointment for political reasons and replaced by Hassan Bubacar Jallow. In an interview in Intellectum website in 2004 she boldly stated that she would like to try in
ICTY The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
Bin Laden and
Saddam Hussein Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...
. In 2005, she accused the Vatican of helping Croatia's most wanted war crimes suspect Ante Gotovina evade capture. He has since been acquitted of all charges by ICTY. The Croatian Bishops' Conference, which heads the Croatian Roman Catholic Church, dismissed Del Ponte's allegations. Its spokesman Antun Suljic said the conference "has no knowledge or indications of the whereabouts" of General Gotovina. On January 30, 2007 Del Ponte announced her intention to resign as Chief Prosecutor at the ICTY at the end of the year, stating it was "time to return to normal life." She was succeeded by Serge Brammertz on January 1, 2008.


Career as Swiss diplomat

Del Ponte served as Switzerland's Ambassador to
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
from January 2008 until early 2011, when she retired.


Post-retirement

From September 2012 to August 2017, Del Ponte was a member of the Independent International Commission of Inquiry on the Syrian Arab Republic, under the auspices of the UN High Commissioner for Human Rights. In May 2013 she accused the Syrian rebels of using
chemical weapon A chemical weapon (CW) is a specialized munition that uses chemicals formulated to inflict death or harm on humans. According to the Organisation for the Prohibition of Chemical Weapons (OPCW), this can be any chemical compound intended as a ...
s, a view diametrically opposed by the majority of Western government officials. She stated, "We still have to deepen our investigation, verify and confirm (the findings) through new witness testimony, but according to what we have established so far, it is at the moment opponents of the regime who are using
sarin Sarin (NATO designation GB G-series, "B"">Nerve_agent#G-series.html" ;"title="hort for Nerve agent#G-series">G-series, "B" is an extremely toxic synthetic organophosphorus compound.Khan al-Assal chemical attack bore "the same unique hallmarks as those used in Al-Ghouta" in the August 2013 chemical attack. The report also indicated, based on "evidence available concerning the nature, quality and quantity of the agents used" that the perpetrators of the Al-Ghouta attack "likely had access to the chemical weapons stockpile of the Syrian military". In none of the incidents, however, was the commission's "evidentiary threshold" met in regards to identifying the perpetrators of the chemical attacks. In August 2017, Del Ponte resigned from the commission, due to frustration at the lack of support from the international community: “We could not obtain from the international community and the Security Council a resolution putting in place a tribunal, an ad hoc tribunal for all the crimes that are committed in Syria... Seven years of crime in Syria and total impunity. That is not acceptable.”Syria investigator del Ponte signs off with a sting
Reuters, 18 September 2017
She blamed Russia for vetoing action:UN Syria investigator quits over concern about Russian obstruction
''The Guardian'', 7 August 2017
"Now a prosecutor should continue our work and bring the war criminals before a special court. But that is exactly what Russia is blocking with its veto in the U.N. Security Council".Syria investigator del Ponte says enough evidence to convict Assad of war crimes: SonntagsZeitung
Reuters, 13 August 2017
She said that the commission has gathered enough evidence for president al-Assad to be convicted of war crimes. Del Ponte told Syria's ambassador that she had been right to quickly reach the conclusion that Assad's government used chemical weapons during an attack on the town of
Khan Sheikhoun Khan Shaykhun ( ar, خَان شَيْخُون, Ḵān Šayḵūn), sometimes spelled Khan Sheikhoun or Khan Shikhoun, is a town in the Maarrat al-Nu'man District, within the southern Idlib Governorate of northwestern Syria. Khan Shaykhun is locate ...
in April 2017.


Controversy


Comments on NATO

In late December 1999, in an interview with ''
The Observer ''The Observer'' is a British newspaper published on Sundays. It is a sister paper to ''The Guardian'' and '' The Guardian Weekly'', whose parent company Guardian Media Group Limited acquired it in 1993. First published in 1791, it is the ...
'' in London, Del Ponte was asked if she was prepared to press criminal charges against NATO personnel in Kosovo for alleged war crimes committed by pilots and their commanders. She replied, "If I am not willing to do that, I am not in the right place. I must give up my mission". That was followed by various negative official responses, military and civilian, from the US and Canada. Del Ponte's office subsequently issued a statement dated four days later: "NATO is not under investigation by the Office of the Prosecutor of the ICTY. There is no formal inquiry into the actions of NATO during the conflict in Kosovo".


Organ smuggling allegations

In 2008, Del Ponte published a book ''The Hunt'' in which she claimed that the Kosovo Albanians had smuggled human organs of kidnapped Serbs after the
Kosovo war The Kosovo War was an armed conflict in Kosovo that started 28 February 1998 and lasted until 11 June 1999. It was fought by the forces of the Federal Republic of Yugoslavia (i.e. Serbia and Montenegro), which controlled Kosovo before the war ...
ended in 1999. Her book created an international controversy. The
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
stated on Del Ponte's allegations: "The Tribunal is aware of very serious allegations of human organ trafficking raised by the former Prosecutor, Carla Del Ponte, in a book recently published in Italian under her name. No evidence in support of such allegations was ever brought before the Tribunal’s judges." On 4 April 2008,
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ...
asked Kosovar Prime Minister
Hashim Thaci Hashim ( ar, هاشم) is a common male Arabic given name. Hashim may also refer to: * Hashim Amir Ali *Hashim (poet) *Hashim Amla *Hashim Thaçi *Hashim Khan *Hashim Qureshi * Mir Hashim Ali Khan * Hashim al-Atassi *Hashim ibn Abd Manaf *Hashim ...
and Albanian Prime Minister Sali Berisha to open investigations on the matter under international supervision. They ignored the letters and instead publicly rejected Del Ponte's claims as unsubstantiated. On 5 May 2008 Human Rights Watch called the Del Ponte allegations "serious and credible" and publicly called on
Tirana Tirana ( , ; aln, Tirona) is the capital and largest city of Albania. It is located in the centre of the country, enclosed by mountains and hills with Dajti rising to the east and a slight valley to the northwest overlooking the Adriatic Sea ...
and
Pristina Pristina, ; sr, / (, ) is the capital and largest city of Kosovo. The city's municipal boundaries in District of Pristina, Pristina District form the largest urban center in Kosovo. After Tirana, Pristina has the second largest population o ...
to cooperate. Del Ponte alleged that the victims were more than 300 Serbs missing from the war. "Serious and credible allegations have emerged about horrible abuses in Kosovo and Albania after the war," said Fred Abrahams, HRW Senior emergencies researcher of HRW. In 2008, the
Parliamentary Assembly of the Council of Europe The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law. The Assembly is made up ...
authorized an investigation and employed Dick Marty to report the findings to the Parliament. According to a draft Council of Europe report cited by ''The Daily Telegraph'', Prime Minister
Hashim Thaci Hashim ( ar, هاشم) is a common male Arabic given name. Hashim may also refer to: * Hashim Amir Ali *Hashim (poet) *Hashim Amla *Hashim Thaçi *Hashim Khan *Hashim Qureshi * Mir Hashim Ali Khan * Hashim al-Atassi *Hashim ibn Abd Manaf *Hashim ...
was one of the key players in the traffic of organs of Serb prisoners after the 1998-99 conflict. In November 2012, Ramush Haradinaj, a commander of the Kosovo Liberation Army before becoming prime minister, and all of the accused in the matter were acquitted for the second time of the accusations. Del Ponte talked about the issue in
Boris Malagurski Boris Malagurski ( sr-Cyrl, Борис Малагурски; born 11 August 1988) is a Serbian-Canadian film director, producer, writer, political commentator, television host, and activist.
's documentary film '' The Weight of Chains 2'' (2014). In the interview, she claimed that the
UN Mission in Kosovo The United Nations Interim Administration Mission in Kosovo (UNMIK) is the officially mandated mission of the United Nations in Kosovo. The UNMIK describes its mandate as being to "help the United Nations Security Council achieve an overal ...
did not provide the Hague Tribunal with the necessary evidence regarding organ trafficking in Kosovo and that "
NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two N ...
and the KLA, as allies in the war, couldn't act against each other".


Notes


External links


Feature on Carla del Ponte by the International Museum of Women

Ms. Del Ponte prepares for the role of Swiss ambassador to Argentina

BBC News profile on Carla Del Ponte
an
BBC Radio 4 documentary summary

Blog devoted to the hunt for Radovan Karadzic

Carla Del Ponte in debate 'Courting Justice' at International Documentary Festival Amsterdam, November 26 2006

New Statesman article, August 14, 2008
{{DEFAULTSORT:Del Ponte, Carla 1947 births International Criminal Tribunal for Rwanda prosecutors International Criminal Tribunal for the former Yugoslavia prosecutors Living people People from Ticino
Carla Carla is the feminized version of Carl, Carlos or Charles, from ''ceorl'' in Old English, which means "free man". Notable people with the name include: * Carla, French singer and former member of the children's music group Kids United * Carla A ...
Swiss jurists Swiss officials of the United Nations Ambassadors of Switzerland to Argentina Swiss women ambassadors University of Bern alumni