One of the secrets of a good documentary, like comedy, can be timing. Marcus Vetter and Michele Gentile’s film War and Justice has been released at a time when its subject, the International Criminal Court (ICC), has been thrust into the spotlight by… who else?… President Trump, after he imposed sanctions on the ICC’s staff.
The documentary sets out to highlight the important work of the ICC. Situated in The Hague and established in 2002, inspired by the Nuremberg Trials following World War II, it is the only permanent, independent and international court of its kind. With the jurisdiction to prosecute individuals for the crimes of genocide, crimes against humanity, war crimes, and crimes of aggression.
However the film, and recent news, does highlight one of the main stumbling blocks to achieving justice and its long-term goal of peace. In order to bring charges and prosecute those suspected of such crimes, both the victim and aggressor must be signed up to the treaty which currently has over 100 states. Three countries that do not recognise the court’s jurisdiction by the way? USA, China and Russia…
Two of the faces behind the ICC and the focus in front of the camera are, alongside a very brief cameo by Academy Award-winner and humanitarian Angelina Jolie, Benjamin Ferencz and Luis Moreno Ocampo.
Ferencz was one of the prosecutors at the Nuremberg trails and dedicated his entire life to the pursuit of justice and one of the founders of the ICC. Ocampo was the Court’s first lead prosecutor and famous for his role in the Trial Of The Juntas in Argentina. A trial that was dramatised in the excellent, award-winning film Argentina, 1985.
One of the main threads in the film follows Ocampo as he prepares for a keynote speech on the need for the ICC. At a crossroads where he looks back on what they have achieved. The victories and the losses. And looking forward to the road ahead, and the many battles still to be fought.
A good documentary should, like the core values of the BBC, look to inform, educate and entertain/engage. It succeeds in its attempts to educate and inform viewers of the work and importance of the institution, and yet the manner of its execution is rather pedestrian in its approach and does not result in the most engaging of watches. It can produce a physical reaction through images and descriptions of violence, rape and torture, but keeps the audience at arms length due to its delivery. Cold and calculated like a lawyer delivering their argument. An invisible barrier is erected that prevents a more substantive emotional connection.
Filmed over a period of years since 2011, its scope is simply too wide to deliver a focused message beyond “the act of war is the biggest war crime of all”. Yet as they were coming to the end of the filming process in 2022, and editing in 2023, the directors felt compelled to include the unfolding war in Ukraine and conflict/humanitarian crisis in Gaza. How could they not?
Whilst the introduction of these new conflicts only helps to hammer home the point that war is bad and more needs to be done to find diplomatic solutions, it also muddies the waters in terms of the narrative structure. If it had focused on just one particular conflict and trial, like the prosecution of Thomas Lubanga Dyilo for his crimes including the forcible conscription of child soldiers, and the good that can come out of the ICC then the result would have been a more powerful and uplifting film.
Ultimately War and Justice is a well-meaning, shocking and sobering documentary but a frustrating watch.
War and Justice is available on Amazon Prime, iTunes and Apple TV now.
Rating: 
Director: Marcus Vetter & Michele Gentile
Stars: Luis Moreno Ocampo, Benjamin Ferencz, Angelina Jolie
Runtime: 93 minutes
Country: USA
