Angela Mudukuti

Angela Mudukuti

Angela Mudukuti is a Zimbabwean international criminal justice lawyer currently with the Open Society Justice Initiative. Prior to that, she was an International Justice Consultant with Human Rights Watch and the Senior International Criminal Justice Lawyer at the Wayamo Foundation. Angela also worked with the Southern Africa Litigation Centre on precedent-setting cases including seeking the arrest of the former president of Sudan, Omar al Bashir, during his 2015 visit to South Africa, and on cases pertaining to crimes against humanity and universal jurisdiction before the Constitutional Court in South Africa.

Angela’s experience includes working for the Office of the Prosecutor at the International Criminal Court, and under the supervision of Prof. Cherif Bassiouni at the International Institute for Criminal Justice and Human Rights. Angela is an expert on the Justice Rapid Response Expert Roster, a published author who regularly contributes to newspapers and journals, and a permanent member of the international law blog Opinio Juris. Angela has an LL.M. and an LL.B.  Follow her on Twitter @AngelaMudukuti

 Angela was profiled for ATLAS by Francesca Pierigh, a human rights advocate based in Berlin. Read more about Francesca’s work at the end of the profile and follow her @frpierigh

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What drew you to working in international criminal law? What were your first steps?

I grew up in Zimbabwe, which, despite gaining independence in 1980 from British colonial rule, was still a deeply racially divided country in the ‘80s and ‘90s. It was also a very patriarchal and male-dominated society. I often experienced racial and gender-based discrimination, and I wanted to change that and to be an advocate for those who were not being treated fairly. Law appealed to me because I felt it could be an instrument of change. 

I knew at a very early age that I wanted to be a lawyer, and I wanted to use the law to defend and protect people’s rights. To my mind that made human rights law/international criminal law an obvious choice, but to get there I would have to study law broadly. I went to the University of Pretoria (South Africa) to study law, and I loved law instantly, some subjects more than others of course. Then I got a scholarship to do my Masters in Transitional Justice, International Criminal Law, the Law Relating to Organised Crime and Money Laundering, as well as International Anti-Corruption Law. It was a fantastic course organised by the Humboldt-Universität zu Berlin (Germany) in conjunction with the University of the Western Cape (South Africa). It was the international criminal law component in particular that called to me as a tangible way to bring about accountability for grave human rights violations. 

The interest in international law was an organic development from my fundamental desire to work in human rights. Wanting to defend and protect human rights is the reason I got into law to begin with. It made sense to explore how that work was taking place at the international level. I knew that to be an effective human rights advocate I needed to have a broad understanding of what human rights work looks like in different places. I had a short spell in private practice in Zimbabwe and completed my conversion exams, which are necessary for admission into the legal profession in Zimbabwe, but my international exposure started when I was offered an internship at the Office of the Prosecutor at the International Criminal Court. After completing my internship, I was offered a contract and stayed with the Immediate Office of the Prosecutor. It was a pivotal learning experience and it reaffirmed my choice to work in this field.

I then had the opportunity to attend the Summer School at the Siracusa International Institute for Criminal Justice and Human Rights in Italy, run at that time by the late and truly inspirational Prof. Cherif Bassiouni. After the Summer School, I was hired by the Institute. At that time Prof. Bassiouni had just finished leading the UN Commission of Inquiry on Libya, and was writing his own book on the human rights violations perpetrated by both sides during the conflict in 2011. I assisted with the legal analysis. I learnt a great deal from Prof Bassiouni. Working under his supervision and with talented kind colleagues was such an important experience in my professional and personal journey.  

Afterwards, I went to work with the Southern Africa Litigation Centre, a litigation-focused NGO in Johannesburg, where I ran the international criminal justice programme. I was privileged to work on precedent-setting cases and with inspiring lawyers and human rights activists. I then moved to Germany and worked with the Wayamo Foundation, an organisation that focuses on capacity building for prosecutors and investigators in several African countries. In my capacity as Senior International Criminal Justice Lawyer, I was part of a fantastic team and worked with so many dedicated and excellent prosecutors and investigators from all over the African continent. I then worked with Human Rights Watch as an international justice consultant with yet another set of inspiring, committed and gifted lawyers, and I recently joined the Open Society Justice Initiative.

 

What have been the high points of your career thus far?

There are so many. The first, which has been a constant highlight throughout my career, is working with survivors of human rights violations. It is such a humbling experience: these are people who have witnessed and experienced unspeakable tragedies, but who, despite these experiences, have found their optimism and positivity again. Their courage and bravery are both inspirational and humbling. This is something that spurs me on and reminds me every day why I got into this profession.  

As for more specific highlights, during my time in South Africa, I worked on a case colloquially known as the Zimbabwe torture case. It dealt with torture committed as a crime against humanity in Zimbabwe by Zimbabweans against Zimbabweans, but to be investigated and prosecuted in South Africa in terms of universal jurisdiction as per the South African ICC Act. The South African authorities were reluctant to investigate this case and we pursued litigation to remind them of their obligations under the law. This case was important because at the time the prospects of justice in Zimbabwe were slim: Zimbabwe is not a signatory to the Rome Statute, and a UN Security Council referral was highly unlikely for political reasons. The crimes committed would have fallen through the cracks had it not been for universal jurisdiction. Not only did the case mean a great deal to me as a Zimbabwean, but also because it showed what was possible when you have active civil society organisations, impartial courts and progressive legislation. Winning this case before the Constitutional Court, the highest court in South Africa, was a very memorable experience. 

The second case I want to mention, again from my time in South Africa, is the Bashir case. We tried to arrest former Sudanese president al Bashir who is wanted for genocide, war crimes and crimes against humanity by the ICC, when he was in South Africa in 2015. It was a huge case, with extensive media coverage and all sorts of complex political dimensions but the law was on our side and the courts agreed with us. Even though we were unsuccessful, it still had an impact. I remember receiving messages from people all over the world including Darfur refugees, writing just to say, ‘thank you for trying’. Our attempt to bring Bashir to justice was enough to make a total stranger sit down at their computer and write me a message. It was a powerful reminder that even the “small things” can make a difference and that your actions or your work can mean something to somebody out there, even if you do not meet your main objective. It was a very significant experience for me.  

 

How can we make international justice better for survivors of egregious crimes? 

Firstly, it is important for all of us in this field to remember why we are in it – and that will immediately take us to victims and survivors. Once we have that in mind, it should inform our approach, our perspective, and our objectives. I believe that this is an essential component of fighting for justice and for the promotion and protection of human rights. Everybody who is serious about this work needs to remember that. 

Secondly, it is vital to have an understanding of the dynamics and needs of affected communities and survivors; often international criminal justice can seem so far removed from the people it seeks to serve. 

Thirdly, whilst acknowledging that important ground has been covered in international criminal justice, we need to remember that there is definitely room for improvement. Taking time to review the successes and challenges with the impact on survivors and affected communities in mind is another way in which we can better serve them.

The stakeholders and actors in this field should be reviewing their practices and approach on a regular basis. We need to look at what has been achieved, what the pitfalls have been, and what can be done better next time, whilst remembering that there are victims and survivors behind all of this work. Going forward we need to prioritise them, let them be at the core of everything we do. This, of course, goes hand in hand with upholding due process and having credible transparent procedures.

 

What are some of the challenges that you faced coming up in your career and how have you overcome them?

There were many. Working in the world of international criminal justice and human rights is very difficult for women and especially for women of colour. I cannot begin to explain how many times I was immediately underestimated the minute I walked into the room. People just assume you are the tea-lady or the intern. People think that you are not capable, that you cannot do as well as a white male, or that you are just there to fill some quota, to be the token black woman on the panel. You have to work ten times as hard for half the recognition in comparison to your white male counterparts. You are constantly subjected to a level of scrutiny that no one else faces. To be taken seriously, as a black woman, is a challenge.  

To overcome this I always make sure that I am well-prepared for whatever I am about to do. I make sure that I have done my research, and that I am ready - ready to present at that forum, ready to participate actively in that meeting, ready to present that report or whatever the case may be. I go in having anticipated and prepared for every possible outcome. This strategy has given me the confidence to be my best. 

Another challenge that I have faced is job stability. This starts from the moment you finish your studies. At the beginning of your career when you are looking for internships, you find that most of them are unpaid. I remember searching and searching and luckily at the time there was a paid internship at the ICC but it was one of the only paid internships. Not everyone can afford to accept an unpaid internship, yet you find yourself in a bind because you need the experience but you also need to survive. The result is that only those who can afford it get the internship and automatically have a head start. This creates a very elitist profession. 

Then you are hit with the short-term contracts. In some institutions, you can be there for years on three-month contracts that are renewed if you are lucky. It is impossible to plan your life if you do not know whether you will have a job in three months or not.

Then there is the visa issue. All of the global organisations and institutions in this field are headquartered in the Global North. There are many opportunities in the Global North that you will not get because you require a visa. The visa process can be very difficult and organisations, for various reasons, are often unwilling to go through the process. Yet again, this results in the perpetuation of elitism if only individuals from that country or economic regional grouping are offered jobs. At the end of the day, merit is overlooked because of the visa process. Combine the visa challenge with the short-term contract scenario and you can see just how overwhelming it can all be because you are from the “wrong” country. It gets worse when global organisations and institutions prioritise candidates who come from member states that contribute the most financially. Letty Chiwara, whom I had the pleasure of interviewing for ATLAS, put it well when she said that, “the politics of money determines who gets what in the end. This world is just unfair that way. When they say ‘pay to play’ they mean it. You literally have to pay to play.”  

This was a very difficult hurdle to overcome but what I did is I just kept applying for the jobs I wanted, no matter what. A long time ago, someone once told me that every application is an opportunity to improve your cover letter or perform better in an interview. It does not matter how far you get in the process, just use it as an opportunity to practice, and to perfect the art of presenting yourself in a way that does you justice. 

 

Are there any aspects of international criminal law that you find challenging or frustrating?

One aspect that I find frustrating is that, despite being in the year 2020, positions of leadership at many courts, tribunals and global organisations are still predominantly held by men. Take the ICC for example: apart from the Prosecutor Fatou Bensouda, the rest of the ICC’s principals are male. According to the 2018 Assembly of States Parties Report of the Bureau on EquitableGeographical Representation and Gender Balance in the Recruitment of Staff of the International Criminal Court, only 1 out of 9 staff at the D1 level is female, 13 out of 43 at the P5 level are female, 30 out of 83 at the P4 level are female, and 79 out of 172 at the P3 level are female. This is an issue the relevant stakeholders are working on, hence the existence of these statistics, but as you can tell by those numbers, there is a long way to go.

The same is true of course when you attend conferences and seminars, and witness the ‘manel’ (all male panel) phenomenon. It is pervasive in our field and it is unacceptable. It has got to change.

The short-term contracts, and the fact that jobs in the tribunals, courts and at other global organisations are not necessarily given to those who are most deserving but to those who have the “right” nationality, is also another source of frustration.

 

Do you have any advice for people, particularly women, hoping to work in international law / international criminal law in the future?

Be clear about your goals. Have a clear vision of what you want to do, and where you see yourself and stay focused on that. Be prepared to push yourself to make these things happen because it is going to be challenging. Let no one or nothing hold you back. Do not, under any circumstances, give up if this is what you really want. Sometimes you may have to take roles you are overqualified for – do it, but keep your goals in mind.

At the same time, be kind to yourself. It is important to keep a positive mindset, and to engage in positive self-talk.  

Remember to look after yourself. We all work hard and have long hours, we all push ourselves – and that can be positive, but it is important to remember that “you can only do your best when you are at your best.” Try to live a healthy balanced lifestyle. Whether it is exercise, meditation, etc., find the time for whatever it is that keeps you balanced and healthy. This will ultimately make everything you are doing more sustainable and more enjoyable. 

You need to be patient and creative. Think about the different ways in which you can get your foot in the door. For example, if you are not getting the opportunities you are applying for, do your best to network. Talk to people who have achieved what you want to achieve or work in the organisations you want to work for. One of the reasons I love the ATLAS network is precisely because it is such a wonderful resource for women in this field to connect and to provide opportunities for one another. Use channels like this and network. Go to events, go to seminars, talk to as many people as you can about what you want to do, and seek advice as to how you can do it. 

Write. Write blogs, articles, anything that can improve your visibility and display your experience and expertise. Do as much as you can to make yourself visible, if it aligns with your objective in this field. 

Help others. I believe strongly in this! We all have some advice we can share, and we can do that at any point, whether you are entry level or have a well-established career. Every step of the way there is someone we can lift up. Mentoring women who are trying to get into this field has been one of my greatest personal joys. I wish I had the same kind of mentorship and guidance at the beginning of my career. I wish networks like ATLAS existed when I was starting out. 

As a woman, and especially a woman of colour, just acknowledge that it is going to be harder for you than it will be for your (white) male counterparts. However, use that to spur you on, not to slow you down. Whatever it is that is going to be used against you - your gender, your race, your nationality, use that as something to inspire you and use it as a platform to achieve what you want. Do not let it hold you back.       

And finally, do not be afraid to negotiate your salary. Women are known for doing this less than men, but it is so important. Know what your work is worth, know what men in your position are getting, know what other organisations pay, know what your organisation is capable of paying. Do your research and be prepared to be paid what your work is worth. When I interviewed Nani Jansen Reventlow for ATLAS, she really put the importance of this in context as she said that she seesnegotiating her salary as her “individual contribution to narrowing the gender pay gap.” I could not agree more. 

 

Angela was profiled for ATLAS by Francesca Pierigh, a human rights advocate based in Berlin. Francesca works as a researcher and communications consultant, focusing on asylum and migration, and she is also interested in gender issues, corporate accountability and social justice. She previously worked with the European Council on Refugees and Exiles, Front Line Defenders and UNHCR. Francesca holds a LL.M. in International Human Rights Law from the Irish Centre for Human Rights in Galway, Ireland. Follow her on Twitter: @frpierigh           

Sareta Ashraph