Global Policy Forum

Marlise Simons

Luis Moreno Ocampo, an Argentine lawyer who was involved in the trials of Argentina's former military dictators, is expected to become the first chief prosecutor of the new permanent war crimes court in The Hague, diplomats from several nations say.

Mr. Moreno, now teaching at Harvard University's law school, was picked by consensus at a closed-door, informal meeting of the court's steering committee in New York on Friday, the diplomats said.

The final decision for the post will lie with the 89 countries that belong to the International Criminal Court; they are expected to make the formal appointment at their next assembly in April. But the choice of Mr. Moreno, according to the diplomats, is very likely to be endorsed.

Mr. Moreno has had a varied career, both as a well-known prosecutor in Argentina and as a prominent campaigner in Latin America where he has led a drive to end corruption in business. Before joining Harvard, he has also taught at Stanford University and is a regular speaker on justice and human rights.

His nomination ends a six-month, quiet but intense search for a suitable candidate. The post of chief prosecutor will be the court's most sensitive one, and the position that, more than any other, will shape the institution's public face.

The decisions of the prosecutor's office will go to the heart of the court's mandate, to deal with the gravest war crimes, like genocide or large-scale atrocities against civilians. The new institution is intended only as a court of last resort and is entitled only to take on cases when no national court is willing or able to act.

Mr. Moreno's name has long been on the short list of six or seven candidates, lawyers from Africa, Latin America and Europe, who have had the discreet backing of their governments. But to avoid the risk of divisive bargaining, members of the court had agreed to choose a prosecutor by consensus behind the scenes.

Washington has played no part in picking Mr. Moreno, diplomats said. The Bush administration has removed itself from the process, not only by pulling out of the court but also by actively campaigning against it. The administration has said it fears that a "rogue" prosecutor could use the court as a forum for harassing or initiating political stunts against American officials.

Supporters of the institution insist that the checks and balances in the 1998 treaty creating the court make arbitrary or irresponsible prosecutions nearly impossible. Other large nations, though, have demurred. China and Japan have spoken in favor of the court, but have not signed the treaty. Russia has signed, but not ratified its decision.

With the choice of Mr. Moreno, most key positions at the court will have been filled. Earlier this month, the first 18 judges were sworn in at a ceremony in the Dutch Parliament in The Hague, not far from its temporary headquarters. The judges, 7 women and 11 men, come from different legal traditions and are largely from Western-style democracies. A Canadian judge, Philippe Kirsch, was elected as the court's president.

Referring to Mr. Moreno's selection, Richard Dicker, a director of Human Rights Watch in New York, which has lobbied for the court's creation, asked, "What further indication of the quality of personnel is needed now for the Bush administration to stop demonizing and vilifying this court?"

Mr. Moreno first rose to prominence in 1985 when, as a young criminal lawyer, he became deputy prosecutor in the trials against the Argentine military junta and the subsequent trial against the repressive police chief of Buenos Aires.

Later, as the federal district attorney of Buenos Aires, he was in charge of trials against the Argentine military responsible for the Falklands war and the officers who led the military rebellion in 1988.

After dealing with the military, Mr. Moreno played a key role in numerous large public corruption cases. The law firm he founded has been involved in a wide range of cases, including the extradition of a Nazi officer and cases involving political bribery. He is president of Transparency International for Latin America, which promotes ethical business practices.

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