ABSTRACT
This study provides an indepth analysis of the 2006 film “Blood Diamond”, examining the dimensions of the illicit diamond trade, referred to as “blood diamonds”, that emerged during the Sierra Leone civil war within the contexts of human rights, war crimes, and international law.
I. INTRODUCTION
Blood diamonds, a term coined by the United Nations in 2002, refers to gems used to finance internal conflicts in Africa1. The blood diamond trade is a grim reality, fueling years of civil wars and human rights abuses. This article will explore how this trade operates, its impact on individuals and communities, and its role in raising international awareness, using the 2006 film Blood Diamond as a lens. The film not only presents an actionpacked and dramatic narrative but also delivers a crucial message about the global economy, ethics, and human rights violations.
In this context, the article will first summarize the film’s plot and characters, followed by an analysis of the connection between the portrayal of the blood diamond trade in the film and its realworld implications. Finally, the film’s impact on the audience and the awareness it created in the international community will be discussed.
The film Blood Diamond begins in 1999, amidst the Sierra Leone civil war, during a time of terror inflicted by the brutal rebel group, the Revolutionary United Front (“RUF'')
Solomon Vandy (played by Djimon Hounsou), a humble fisherman, lives with his family. RUF rebels attack their village, capture Solomon, and force him to work in the diamond mines. While working, Solomon finds a large, rare pink diamond and manages to hide it.
Meanwhile, Danny Archer (played by Leonardo DiCaprio), a South African mercenary and diamond smuggler, is caught by government forces while smuggling blood diamonds. He is placed in the same prison as Solomon, who was also captured during a government raid against the RUF, mistakenly believed to be a member.
Archer learns about the pink diamond Solomon found while in prison. He offers to help Solomon find his family, including his son who has been abducted by the RUF for use as a child soldier, in exchange for the diamond. Archer previously served in a unit known as “32 Battalion”, a special forces branch of the South African army, and later became a mercenary. These connections have both provided him with an advantage in diamond smuggling and brought him into contact with dangerous individuals.
American journalist Maddy Bowen (played by Jennifer Connelly) is investigating the blood diamond trade and the RUF’s connection to it. She crosses paths with Archer and agrees to help him find Solomon’s family in exchange for information about the diamond trade.
The trio embarks on a perilous journey through RUF-held territory, facing attacks from the rebels, pressure from government forces, and complications from Archer’s past. Throughout the film, Archer’s former military connections and rivals, particularly those from 32 Battalion seeking to seize the diamond, pose a constant threat. A fragile partnership develops between Archer and Solomon. Initially working together solely for their own benefit, they gradually develop respect for each other. Archer is touched by Solomon’s desire to reunite with his family and begins to sympathize with him, while Solomon starts to see the good in Archer. Maddy Bowen strives to document these events and expose the brutality of the blood diamond trade and the military forces in the region to the world.
Finally, Solomon finds his family. He retrieves the diamond from its hiding place in the forest and gives it to Archer as promised. However, Archer is severely wounded in a firefight with both RUF forces and 32 Battalion. Realizing he won’t survive, he returns the pink diamond to Solomon so he can build a new life for himself and his family.
Solomon travels to London and meets with the representative of Van De Kaap, the company Danny Archer was negotiating with to sell the blood diamond. However, he informs Maddy Bowen about this meeting, giving her the opportunity to document the blood diamond trade while he secures his family’s safety. With this exposé, Maddy Bowen reveals the brutality of the blood diamond trade and the RUF’s exploitation of it to the world, contributing to raising awareness through her article. Although Archer’s death is tragic, the film ends on a hopeful note with Solomon reunited with his family and the blood diamond trade exposed2.
II. WAR CRIMES AND HUMAN RIGHTS VIOLATIONS
The film Blood Diamond focuses on war crimes and human rights violations committed by the RUF during the Sierra Leone civil war, such as forced labor, the use of child soldiers, and the massacre of civilians. These acts not only inflicted deep wounds on the people of Sierra Leone but also prompted the international community to pay closer attention to the legal dimensions of such atrocities. Today, similar acts are considered war crimes and human rights violations by the International Criminal Court (“ICC”). However, the purpose of this article is not merely to present an inventory of the crimes committed by the RUF, but also to examine how these crimes are addressed within the framework of international law and its development. For instance, whether the ICC, which came into operation in 2002 based on the Rome Statute adopted in 1998, can retroactively prosecute crimes committed during the Sierra Leone Civil War (1991- 2002) is a significant point of discussion. The Rome Statute excludes acts committed before its entry into force, and the fact that not all countries have signed the Statute limits the establishment of universal jurisdiction. Therefore, the question of whether the war crimes and human rights violations depicted in Blood Diamond fall under the jurisdiction of the ICC, or which other international or national mechanisms could prosecute them, requires not only a historical account but also a critical examination of the legal and institutional tools the international community can employ against such violations.
Furthermore, the issue of “blood diamonds” is not solely a legal one; some argue that such problems can only be fundamentally resolved through political change. The normative (legal) approach emphasizes the involvement of international criminal mechanisms like the ICC to prosecute perpetrators and ensure justice. The advantage of this approach is that crimes are evaluated according to universally accepted standards, creating a deterrent based on the shared principles of the international community. On the other hand, political methods such as “eliminating postcolonial governance” and “establishing political orders based on national sovereignty” aim to empower local populations to control their own resources by limiting the interference of external powers and interest groups. This, in the long run, can contribute to reducing structural problems and breaking the cycle of exploitation. Therefore, legal mechanisms and fundamental political transformations cannot be considered entirely separate, and it is crucial to acknowledge that both approaches have their own advantages and limitations.
A. Crimes Committed by the RUF
The RUF is a rebel group that emerged during the Sierra Leone civil war. Founded in 1991, the group launched an armed struggle against the government and committed serious human rights violations against civilians during the bloodiest periods of the war3. The RUF is particularly notorious for forcibly recruiting child soldiers, forcing civilians to work in mines, and carrying out massacres. The group largely financed its operations through the “blood diamond” trade. Therefore, the RUF has gained international notoriety as an organization synonymous with war crimes and human rights abuses.
The film Blood Diamond poignantly illustrates the brutal exploitation of child soldiers by armed groups during the Sierra Leone Civil War. The film, particularly through the character of Solomon’s son, Dia, highlights the forceful separation of children from their families, their coerced recruitment into militia groups at gunpoint, and the systematic violence they endure throughout this process4. After being separated from their families, these children are subjected to physical and psychological abuse, pushed into drug addiction, and robbed of their childhood, transforming them into soulless killing machines. This situation not only constitutes a violation at the individual level but also represents a breach of national and international law.
As stated in Article 8(2)(b)(xxvi) of the Rome Statute of the ICC, the use of children under the age of 15 in armed conflicts is defined as a war crime5. Similarly, Article 38 of the United Nations Convention on the Rights of the Child mandates the protection of children from armed conflicts6.
In the film, the forced labor of civilians in diamond mines represents another violation of fundamental freedoms and human dignity. Article 4 of the Universal Declaration of Human Rights states that no one shall be held in slavery or servitude; all forms of slavery and the slave trade shall be prohibited7. Similarly, Article 23 of the same declaration states that everyone has the right to just and favorable conditions of work and to protection against forced labor8.
Blood Diamond, while showcasing the devastating impact of war on civilians, also raises significant awareness of international law violations. In this context, the film underscores the need for concerted efforts by the international community to prevent crimes such as forced labor and the use of child soldiers. The sustainability of these efforts is crucial to prevent the recurrence of similar tragedies. The fact that the issues addressed in the film are based on real events, and the existence of past cases in this context, reinforces the role of the international legal system in combating such crimes. The case of Thomas Lubanga at the ICC serves as a significant example in terms of war crimes and human rights violations. Lubanga’s trial provides a critical reference point for understanding the link between the blood diamond trade and war crimes.
B. Thomas Lubanga Case
Thomas Lubanga Dyilo is a significant figure prosecuted by the ICC, and his case serves as an important example for understanding the link between the blood diamond trade and war crimes9. In 2009, Lubanga was tried for using children under the age of 15 as soldiers as the leader of a militia group in the Democratic Republic of Congo.
Between 2002 and 2003, Lubanga’s group forcibly recruited children as soldiers and involved them in conflicts in the areas under their control. During this period, the children were not only used in warfare but also forced to work in gold mines10. Lubanga’s militia group sustained its war efforts with the income generated from these gold mines. This clearly demonstrates the role of Africa’s exploited natural resources in financing internal conflicts in the region.
The Lubanga case is a significant example documenting the link between the blood diamond trade and war crimes. Diamonds, used as a resource to finance rebel groups, have led to the use of child soldiers in war and the continuation of conflicts. In 2012, the ICC found Thomas Lubanga guilty of the forced recruitment of child soldiers and sentenced him to 14 years in prison.
This case represents a significant turning point in international law regarding war crimes and human rights violations. It also serves as a reminder of the fundamental purpose of human rights: to protect the dignity and honor of every individual and to ensure the establishment of freedom and justice. Practices such as massacres, forced labor, and child soldiering violate not only the norms of war law but also the principles of “protection of human dignity” and “everyone’s right to live free from violence”, which are at the core of human rights. International conventions, such as the Universal Declaration of Human Rights and the Convention on the Rights of the Child, specifically emphasize the best interests of the child, imposing an obligation to protect them from all forms of war and economic exploitation.
Lubanga’s trial demonstrates the need for the international community to combat such crimes more effectively. This struggle represents a significant step towards the protection and promotion of human rights. The primary goal is not merely to prosecute perpetrators; it is also to recognize the rights of victims and establish a deterrent mechanism to prevent similar violations from recurring. Furthermore, the impact of blood diamonds on wars and the challenges in controlling this trade are themes highlighted in the film Blood Diamond. The film, in connection with real events such as Lubanga’s case, reveals the fundamental purposes for which human rights exist and how international law functions—and its shortcomings—in achieving these purposes.
On the other hand, despite the history of colonialism being mostly associated with Western states, the perception that the ICC’s international prosecution practices predominantly target African leaders and groups fuels criticism regarding the Court’s impartiality and effectiveness. This also raises the question of why human rights texts (especially fundamental documents adopted since the 1950s, such as the ECHR and the UN Universal Declaration) have been insufficient in resolving many structural issues, including the problem of blood diamonds. Despite the acceptance and institutionalization of human rights norms in the international arena for almost half a century, effective results have not been achieved in eliminating exploitation and mechanisms of profit, such as blood diamonds, that can be considered sources of conflict. This situation clearly demonstrates that global power balances and economic interests hinder the full implementation of human rights norms. Therefore, within both the ICC and other international institutions, the creation of more inclusive, transparent, and equitable mechanisms to eliminate the inequalities caused by the legacy of colonialism and effectively implement human rights conventions stands as an unavoidable necessity.
III. 32 BATTALION AND THE HISTORY OF COLONIALISM IN AFRICA
While Blood Diamond explores the dark side of the diamond trade in Africa, it also alludes to the continent’s history of colonialism and conflict through the characters’ backstories. In the film, Danny Archer’s past and identity are intertwined with historical elements such as the South African Defence Force (“SADF”), 32 Battalion, and Rhodesia.
32 Battalion was a unit that served in proxy wars in Angola and Namibia in line with the policies of the South African Defence Force (SADF) during the apartheid era. Formed from soldiers loyal to the former Angolan government, with the aim of protecting SADF interests, this unit has been associated with guerrilla warfare and human rights violations11.
The film hints that Danny Archer may have participated in operations in Angola and Namibia while serving in 32 Battalion, creating the impression that the SADF carried out operations in these regions. Danny’s war experience is a crucial element shaping his personal moral conflicts and character development throughout the film.
In a conversation with Maddy Bowen, Danny Archer identifies himself as “Rhodesian”. This statement offers significant clues about the character’s identity and past. Rhodesia was the name of presentday Zimbabwe between 1965 and 1980, when it was ruled by an apartheid like regime. During this period, the country was controlled by a white minority and, with its discriminatory policies, was at the center of conflicts in Africa. Danny’s Rhodesian identity indicates how he was affected by the conflicts in Africa as a product of the discriminatory regime in Rhodesia.
IV. THE KIMBERLEY PROCESS AND INTERNATIONAL COOPERATION
The Kimberley Process is an international initiative and certification scheme launched in 2003 to curb the trade in conflict diamonds worldwide12. The events in the film highlight the importance of international cooperation in the implementation of the Kimberley Process. Controlling the diamond trade relies on effective cooperation within the international community, but the film criticizes the lack of such cooperation.
Conflict diamonds are a complex economic problem linked to illicit international trade and human rights abuses. While the diamond industry has an annual turnover of billions of dollars, the infiltration of conflict diamonds into this system fuels conflicts, resulting in suffering for the people of Africa. As depicted in the film, conflict diamonds in countries like Sierra Leone and Angola in the 1990s financed arms purchases, enabling rebel groups to continue their activities.
The blood diamond trade has benefited from a lack of global transparency. The capacity of large companies supplying diamonds to the market to control diamond prices has contributed to the market operating in a nontransparent manner. Large discrepancies in trade records in countries like Belgium in the 1990s reveal the extent of illegal diamond exports. For example, in 1998, Sierra Leone’s records show the export of only 8,500 carats of diamonds to Belgium, while Belgian records for the same year indicate the import of 770,000 carats of diamonds from Sierra Leone13. This situation reveals the economic dimensions of the illicit trade and the inadequacy of sanctions imposed by regulatory mechanisms.
The process, which began in Kimberley, South Africa in 2000, came into effect in 2003 and controls 99.8% of the rough diamond trade with the participation of 81 countries. The Kimberley Process aims to prevent revenues from the illicit trade from financing armed groups through certificates verifying that diamonds are mined and traded only through legitimate channels. The process has achieved significant success, reducing the trade in conflict diamonds from 15% in the 1990s to 0.4% as of 200914. However, it has been criticized for its insufficient scope regarding human rights violations; its focus solely on the activities of rebel groups excludes abuses occurring in statecontrolled mines. In this context, it is recommended that the Kimberley Process expand its definition to include human rights violations, develop an international monitoring mechanism, and adopt a more compulsory sanctions system15.
V. BLOOD DIAMONDS AND CONSUMER HABITS
Research suggests that ethical concerns are given greater consideration in the trade of lowervalue diamonds compared to highvalue luxury diamonds. For example, a study by Davies et al. found that the ethical aspects of production conditions are less important to consumers when purchasing luxury diamonds, with factors like quality, prestige, and selfimage taking precedence16. Similarly, Kapferer and Michaut-Denizeau observed that luxury consumers exhibit more ambivalent attitudes towards ethical concerns17. These findings indicate that ethical considerations often take a backseat in the luxury diamond trade18.
The discussions between Danny Archer and journalist Maddy Bowen in the film deeply question the impact of the diamond trade and luxury consumption on conflicts in Africa, along with the concept of ethical responsibility. In these discussions, Danny Archer argues that consumers in developed countries and their luxury consumption preferences support the blood diamond trade and finance conflicts in Africa. According to Archer, these consumption habits not only create economic demand but also directly contribute to the exploitation of Africa’s resources and the marginalization of local populations.
Maddy Bowen, however, critically evaluates this argument, stating that Danny uses this situation as an “excuse” to justify his own interests and past illegal activities. According to Bowen, individuals like Danny disregard their own roles and moral responsibilities by blaming the demand created by luxury consumption. Maddy also emphasizes that the vast majority of consumers in developed countries are either unaware of the origin of the diamonds they purchase or do not seek this information. This situation highlights both the lack of ethical responsibility among consumers and the transparency issues within the diamond trade.
Research shows that consumers with ethical concerns struggle to make informed choices due to difficulty accessing origin information and a lack of transparency within the industry. Solutions like blockchain technology can help overcome these challenges by enabling the tracking of a diamond’s journey from source to consumer19. Furthermore, sustainable alternatives such as labgrown diamonds offer a promising option for consumers with ethical concerns20. To improve the relationship between consumption habits and these issues, the industry needs to promote transparency, reliable certification processes, increase awareness campaigns, and encourage ethical alternatives. These efforts can contribute to a more sustainable and equitable industry structure.
VI. CAN THE BLOOD DIAMOND RETURN?
While the trade in conflict diamonds has been largely controlled since the implementation of the Kimberley Process in the early 2000s, events in Zimbabwe’s Marange diamond fields highlight significant shortcomings in the process21.
Violence, corruption, and illegal trade in the Marange diamond mines in Zimbabwe have paved the way for conflict diamonds to reenter the international market, severely undermining the effectiveness of the Kimberley Process. This process, controlled by the Zimbabwean military and political elites, is associated with human rights abuses, the dispossession of local communities, and hindered economic development. The Kimberley Process’s limited scope, focusing only on diamonds used by rebel groups, renders it ineffective against such state sponsored illicit activities22.
The use of diamond revenue by political groups for their own benefit threatens regional stability and hinders the sustainable use of resources. In this context, the Kimberley Process needs to be expanded to encompass all human rights violations, independent monitoring mechanisms need to be implemented, and the international community needs to take more decisive action23. Otherwise, the trade in conflict diamonds risks becoming not just an economic and political problem, but a persistent human rights crisis.
VII. CONCLUSION
The film Blood Diamond is not just a dramatic story, but also a production offering important lessons from the perspective of international law. The film reveals a complex web of war crimes, human rights violations, environmental crimes, and a lack of international cooperation. While international law has advanced, particularly regarding war crimes and human rights violations, Blood Diamond emphasizes that legal loopholes and implementation gaps remain a significant problem. The impact of the diamond trade on wars and the inadequacy of international control mechanisms are key messages in the film.
From a realist perspective, realism argues that power and interests are decisive in international relations. Therefore, when a realist looks at the “blood diamonds” problem or international legal mechanisms (e.g., the ICC), they will primarily focus on how states (or interest groups) maintain or enhance their power balance. If states do not gain a strategic, economic, or political advantage from stopping the “blood diamond” trade, they may be reluctant to participate in the sanctions of international legal mechanisms.
For example, although the ICC’s function provides the international community with certain principles and norms (human rights, sanctions against war crimes, etc.), from a realist perspective, these principles are always limited by the interests of powerful actors. As long as a state or a powerful coalition sees an advantage in the continuation of exploitative mechanisms like “blood diamonds”, the implementation of international law norms will remain weak. Similarly, the fact that the ICC’s targets are largely from Africa can be interpreted by realists as a reflection of global powers acting in their own interests.
The idealistic perspective, represented by the character Maddy Bowen in the film, emphasizes the universality and absoluteness of moral principles and human rights. However, obstacles arise in putting this approach into practice. It is clear that Western civilization, the origin of human rights concepts and their associated control mechanisms, is unwilling to take responsibility for the humanitarian tragedy depicted in the film. Yet, the trade network, represented by the company “Van de Kaap” in the film, which controls this trade, is arguably just as culpable as the armed groups committing these crimes against humanity. From an idealistic standpoint, it would be entirely appropriate for such companies to be prosecuted before the ICC.
In conclusion, the idea that international law can play an effective role in resolving issues like “blood diamonds” is promising. However, the political and economic interests of major powers can significantly influence this process. When dealing with such issues, states must consider universal ethical values while also taking into account their own interests and enhancing their international reputation. From a realist perspective, unless the underlying power dynamics change, it seems unlikely that efforts based solely on legal or moral grounds will yield long term results. The current global situation continues to reflect this.
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FOOTNOTE
1 Ayla Topuz Savaş, A Critical Overview of Carroll’s Corporate Social Responsibility Model: Diamond Trade and Blood Diamond Case, Karadeniz Technical University Faculty of Communication Journal of Communication Research, Volume: 9 Issue: 1, p. 71, 2019.
2 https://www.imdb.com/title/ tt0450259/plotsummary/ (Access Date: 13.01.2025).
3 http://web.undp.org/evaluation/ documents/thematic/conflict/SierraLeone.pdf (Access Date: 13.01.2025).
4 Lauren Van der Rede, Child Soldiers/ Child Slaves: Africa’s Weaponised Unfree Children in Blood Diamond (2006) and Beasts of No Nation (2015), 2024.
5 https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng. pdf (Access Date: 13.01.2025).
6 https://www.ohchr.org/en/instruments-mechanisms/instruments/ convention-rights-child (Access Date: 13.01.2025).
7 https://www.un.org/en/about-us/ universal-declaration-of-human-rights (Access Date: 13.01.2025).
8 https://www.un.org/en/about-us/ universal-declaration-of-human-rights (Access Date: 13.01.2025).
9 https://www.icc-cpi.int/sites/ default/files/CaseInformationSheets/LubangaEng.pdf (Access Date: 13.01.2025.
10 ICC, Pre-Trial Chamber I, Situation in the Democratic Republic of the Congo in the Case of the Prosecutor v. Thomas Lubanga Dyilo, 2007. https://www.icc-cpi.int/sites/default/ files/CourtRecords/CR2007_02360. PDF (Access Date: 13.01.2025).
11 Noel Stott, From the SADF to the SANDF: Safegaurding South Africa for a better life for all?, Center fort the Study of Violence and Reconciliation, Violence and Transition Series, Vol. 7, 2002.
12 Audrie Howard, Blood Diamonds: The Successes and Failures of the Kimberley Process Certification Scheme in Angola, Sierra Leone and Zimbabwe, 15 WASH. U. GLOBAL STUD. L. REV. 137 (2016), https://journals. library.wustl.edu/globalstudies/article/560/galley/17399/view/ (Access Date: 13.01.2024).
13 Nigel Davidson, Are Conflict Diamonds Forever?: Background to the Problem. In The Lion that Didn’t Roar: Can the Kimberley Process Stop the Blood Diamonds Trade? (pp. 21-45). ANU Press, 2016. https://www.jstor. org/stable/j.ctt1rqc976.8 (Access Date: 13.01.2025).
14 Howard, Blood Diamonds: The Successes and Failures of the Kimberley Process Certification Scheme in Angola, Sierra Leone and Zimbabwe, 15 WASH. U. GLOBAL STUD. L. REV. 137 (2016), https://journals.library. wustl.edu/globalstudies/article/560/ galley/17399/view/ (Access Date: 13.01.2024).
15 Howard, Blood Diamonds: The Successes and Failures of the Kimberley Process Certification Scheme in Angola, Sierra Leone and Zimbabwe, 15 WASH. U. GLOBAL STUD. L. REV. 137 (2016), https://journals.library. wustl.edu/globalstudies/article/560/ galley/17399/view/ (Access Date: 13.01.2024).
16 Iain Davies/ Zoe Lee/ Ine Ahonkhai, Do Consumers Care About Ethical-Luxury? J. Bus. Ethics 2012.
17 Jean - Noël Kapferer/ Anne Michaut-Denizeau, Is Luxury Compatible with Sustainability? Luxury Consumers’ Viewpoint. In Advances in Luxury Brand Management; Kapferer/ Joachim Kernstock/ Tim Oliver Brexendorf/ Shaun M. Powell, Eds.; Journal of Brand Management: Advanced Collections; Springer International Publishing: Cham, Switzerland, 2017.
18 Meike Schulte/ Sreejith Balasubramanian/ Cody Morris Paris, Blood Diamonds and Ethical Consumerism: An Empirical Investigation. Sustainability, 13(8), 4558, (2021).
19 Schulte/ Balasubramanian/ Paris, Blood Diamonds and Ethical Consumerism: An Empirical Investigation. Sustainability, 13(8), 4558, (2021).
20 What Are Lab Created (Man-Made) Diamonds – A Complete Guide. https://www.diamonds.pro/education/ lab-created-diamonds (Access Date: 13.01.2025.
21 https://www.hrw.org/report/2009/06/26/diamonds-rough/ human-rights-abuses-marange-diamond-fields-zimbabwe (Access Date: 13.01.2025).
22 Schulte/ Balasubramanian/ Paris, Blood Diamonds and Ethical Consumerism: An Empirical Investigation. Sustainability, 13(8), 4558, (2021).
23 Schulte/ Balasubramanian/ Paris, Blood Diamonds and Ethical Consumerism: An Empirical Investigation. Sustainability, 13(8), 4558, (2021).
