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War Criminals
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War Criminals |
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Recent tyrants, dictators and war criminals(updated July 21, 2008)
Recently deposed tyrants accused of being war criminals but never prosecuted for war crimes... current status:Chili - Augusto Pinochet, died December 10, 2006 In a chilling statement about Edi Amin, a shopkeeper in Kampala said... "People say he killed many people but I think there is no leader who has not killed." So, what are the prosecutors of the newly created International Criminal Court (ICC) doing about the above alleged depots? Nothing. They can't act upon crimes committed prior to the formation of this court (July 2003)... there are no retroactive provisions. Nonetheless, under the jurisdiction of other courts, there are numerous officials charged with war-crimes around the globe which includes 45 military officers from Argentina and former leaders of the junta, plus dozens of Serbian officials have either been convicted or indicted (ad-hoc tribunals). See 'war-crime tribunals worldwide' below 'Aggression' added to the list of what constitutes a war crime in 1974The Athens and Istanbul bar associations are making the statement that 'aggression' is indeed a war crime with the charges they filed with the ICC against Tony Blair. Yet, before the Iraq invasion, few knew 'aggression' was a potential 'war crime' but actually this was established in 1974, see Definition of Aggression (external link). The sticky point is that the ICC States still need to agree on what constitutes 'aggression' which apparently may not occur until 2009. So what's with the Athens and Istanbul Bar Associations... aren't they jumping the gun? At any rate, if civilization is to progress, outlawing aggression would seem a necessary and logical step... but hold on, what about for the purpose of eliminating imminent threats? Surely at times aggression can be justified. After all, to counter an enemy which utilizes covert tactics shouldn't be a crime merely because the enemy was countered overtly. Besides, the best defensive often requires offensive tactics. As noble as the ICC is trying to be, and God knows we need nobleness in this world, but for the current threats... shouldn't we be more realistic? Hopefully the ICC will recognize a nation's concern over the horrific nature of modern day weapons and don't plant themselves in 'la-la' land like most environmentalists. Today, in a time when a retaliatory response is no longer a viable option, being too late, the UN (or the ICC) should take preemptive action to neutralize threatening regimes. If they don't, how can they possible contemplate war-crime charges against those who do? Otherwise, in passiveness, if Washington was leveled by a nuclear device, sympathy cards from the UN just won't do. Yet, the idea of an International Criminal Court and the UN is admirable, there is a dire need. although hopefully they won't get swept up in utopian foolishness like the Athens and Istanbul bar associations. Where will this go? Will soldiers soon be required to read the enemy his rights before he shoots him? Lets stay on terra firma. If the ICC proceeds much longer with the Tony Blair case before throwing it out of court, it won't bode well for the court. With the Iraq threat neutralized, what will the UN and the ICC do with the remaining nuclear threats of North Korea and Iran? Nothing? Will their inaction force the U.S. to react once again? Yes, Kofi Annon is right, the UN is in crisis but largely of its own making. While Kofi is perhaps the best Secretary-General the UN ever had, but if the UN is going to be an effective institution it should show leadership and take the initiative, not leave it up to the U.S. ... the most likely victim of inaction. If the target was likely to be Paris or Berlin, those folks would assuredly change their position about 'aggression'. Yet, on the other hand, since no weapons of mass-destruction have been found in Iraq, Bush and Blair have put themselves in a largely untenable position. Bankers also subject to war crimes?According to Legal Week on September 18, 2003, when Luis Moreno-Ocampo, the ICC chief prosecutor, spoke at the International Bar Association (IBA) conference in San Francisco, he issued fair warning. First demonstrating the connection between illegal business activities in The Democratic Republic of Congo (DRC) and the mass killings occurring there, he then stated his intention to investigate those companies involved and whether they should be held on charges and brought before the ICC. A series of UN reports have alleged the banking systems within 25 countries, including the US and UK, are essentially funding the mass murders through illegal exports. Since likely many such business transactions are being facilitated by lawyers, he asked them to help with his investigations. A great move, if we want to get at the root of world problems, follow the money. Also, in a recent Reuters article, U.N. Secretary-General Kofi Annan was quoted as saying "Terrorism will only be defeated if we act to solve the political dispute and long-standing conflicts which generate support for it," Also "If we do not, we shall find ourselves acting as a recruiting sergeant for the very terrorists we seek to suppress." In the same article, Reuters quoted Norwegian Prime Minister Kjell Magne Bondevik as saying "The rule of law and respect for human rights are the first and the best way to counter terrorism," the Norwegian said. "We must provide outlets for human ambitions, for hopes and beliefs, but also for anger and grief." (Amen to both) In summary A long time coming, the formation of the International Criminal Court has given human rights groups the instrument they have long sought... legal recourse. Ironically, while these groups are now in a position to influence what constitutes a war-crime, it comes at a time when Iraq was 'invaded by mistake'. Unfortunately, practically the first order of business is a mistaken invasion... an unclear situation which could throw the unprepared court into turmoil. History has never recorded a mistaken invasion before, that is, the situation not being as originally thought by the invader... therefore making the invasion seem 'unjustified'. Or was it just the 'excuse' (that Saddam had WMD) that was unjustified? The excuse may have been a cover for other reasons. At any rate, because the U.S. and her allies removed a tyrant from power and seemingly a potential threat, that is, some good was done, the question remains whether charges of 'unlawful' aggression is apropos. Perhaps it is, after all, you can't attack someone because they appear threatening. On the other hand, Saddam wasn't some ordinary street thug with a switchblade knife. We know he was a credible threat, capable of quickly developing WMD... he's had them before. Where is King Solomon? A.O. Kime War Crime Tribunals Worldwide...Argentina: 45 military officials and former leaders of the junta, after having been arrested, were later released pending trial. Formal charges and the trials will apparently be handled locally (under Argentinean law). March 10, 2005: Adolfo Scilingo, an Argentinean and former Argentine naval officer, is the first person ever tried before a Spanish court for crimes against humanity committed by a foreigner in another country. Accused of committing genocide, torture and terrorism during the military regime of Jorge Videla (1973-1983), the Spanish National Court of Justice will sentence Scilingo on April 19th. Spain, taking it upon themselves, have apparently claimed universal jurisdiction for crimes against humanity. Note: Due to the complexity of the proceedings, see the October 19, 2006 article Missing Witness Awakens Dark Past by Marie Trigona for an update. Cambodia: A joint U.N.-Cambodia tribunal was ratified by the Cambodian legislature October 5, 2004 to try members of the Khmer Rouge which ruled from 1975-79. July 2, 2006: It was reported the trials for at least two former regime leaders, Ta Mok and Duchare, are expected to begin by mid-2007. November 20, 2007: A bail hearing was conducted for Chief Khmer Rouge interrogator Duchare (also known as Duch and Kaing Guek Eav) Chili: June 7, 2005: A Santiago appeal court's decision ended proceeding against Augusto Pinochet for nine abductions and one murder involving Operation Condor. Note: Pinochet died on December 10, 2006 DRC (Democratic Republic of Congo): As of April 22, 2005, the ICC appears to be making headway since it has reached the Pre-Trial Chambers stage (as to what is admissible evidence). Arrests by local authorities and surrenders are also taking place. August 17, 2005: In the Beach case, the Brazzaville court acquitted 15 defendants of genocide, war crimes and crimes against humanity March 17, 2006: The ICC makes its first arrest since its founding (July 2002) in the Democratic Republic of the Congo (DRC). Thomas Lubanga Dyilo, a Congolese national, accused of "conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities" was arrested and transferred to The Hague. January 29, 2007: The International Criminal Court (ICC) has confirmed charges against Thomas Lubanga Dyilo who will now stand trial. It will be the very first case (against an individual) for the ICC since its inception in July 2003. November 16, 2007: In his first appearance before the International Criminal Court (ICC) Congolese militia leader Germain Katanga faces charges of murder, sexual enslavement, forcing children to serve as soldiers among other war crimes. He is the second Congolese transfer to the ICC. Iraq: December 10, 2003: the Iraqi Governing Council announced their creation of the Iraqi Special Tribunal For Crimes Against Humanity to try Iraqi citizens accused of genocide and crimes against humanity and for certain other crimes committed between July 17, 1968 to May 1, 2003 under Iraqi law. They are being criticized for not involving the international community in this however. July 1, 2005: Saddam makes first court appearance... news agencies censored September 12, 2005: Trial for Saddam Hussein and seven officials scheduled to begin October 19, 2005 October 19, 2005: Trial for Saddam Hussein adjourned until November 28 March 15, 2006: Saddam takes the stand for the first time. Admitting he ordered 148 men from Dujail to be tried (for their attempt to assassination him), he also justified the sentences as entirely legal, saying "Where is the crime?." November 5, 2006: Saddam sentenced to hang... appeal process expected to take a couple months. Former U.S. Attorney General Ramsey Clark, one of Saddam's lawyers, was ejected from the courtroom for calling the proceedings 'a travesty'. December 30, 2006: Saddam was executed (hanged). Peru: A Truth and Reconciliation Commission (CVR) submitted a final report (August 2003) on the war crimes committed during the 20 years of fighting between government forces and Shining Path rebels from 1980 to 2000. August 17, 2005: The trial in Peru's Anti-Corruption Court began for 57 defendants accused of being part of the Colina Group, a paramilitary death squad. Rwanda: The International Criminal Tribunal for Rwanda, a U.N. court based in Tanzania, is trying several dozen suspects for genocide which killed some 500,000 people in 1994 while Rwanda (local) courts are trying others. March 10, 2005: To date, about 60,000 confessions of war crimes have been obtained (75% of the detainees have confessed). Importantly, 668 district and sector officials have been charged and summoned before the court. June, 2006: So far the International Criminal Tribunal for Rwanda (ICTR) has handed down 22 judgments involving 28 accused. Twenty-five were convicted and three acquitted. For more detail see Achievements of the ICTR (official ICTR website) Sierra Leone: A tribunal jointly planned by the Sierra Leone government and the U.N., which will include a blend of local and international judges and prosecutors, will try war crimes from the country's 1991-2000 civil war. February 28, 2003: The Trial Chamber ordered the joint trial of Sankoh, Bockarie, Sesay, Kallon and Gbao (Five alleged leaders of the former Revolutionary United Front). Note: Iindictments against Sankoh and Bockarie were withdrawn on December 8, 2003 due to their deaths. February 28, 2004: The Trial Chamber ordered the joint trial of Norman, Fofana and Kondewa (Three alleged leaders of the former Civil Defence Forces) March 7, 2005: The last trial of the Special Court for Sierra Leone began for Brima, Kamara and Kanu (three former members of the Armed Forces Revolutionary Council (AFRC)). Note: Proceedings against Charles Taylor (former Liberian president) expected to start April 2, 2007 For updates and more detailed information see The Special Court for Sierra Leone (official website) South Africa: A Truth and Reconciliation Commission, created after their first open (all-race) elections in 1994, has investigated crimes committed under white-minority rule and submitted their report. While the commission is no longer active (see the official Truth and Reconciliation Commission website), for the decisions see Amnesty Hearings and Decisions Sudan: The situation in Sudan, having been referred to the ICC by the U.N. on April 1, 2005 (since Sudan is not a States Party to the ICC), the ICC has been pursuing charges against a number of Sudanese officials for their acts in a war which has claimed some 300,000 lives except that, the Sudan government is only loosely cooperating and has openly stated they will not allow any citizen to be tried elsewhere. As a result the matter has become a stalemate. May 2, 2007: The ICC issued arrest warrants for the Sudanese citizens Ahmad Harun and Ali Kushayb over the situation in Darfur... although the Sudan government continues to reject any ICC authority. July 14, 2008: The ICC requested a warrant for the arrest of Sudan’s President Omar al-Bashir on charges of genocide, crimes against humanity and war crimes. Uganda: For its first case, the ICC will investigate more recent alleged atrocities in Uganda. Among other crimes, the BBC reports that "The world court has begun an investigation into war crimes allegedly committed by Ugandan rebels. The Lord's Resistance Army (LRA) is accused of abducting some 20,000 children, forcing the boys to become fighters and the girls sex slaves. The investigation comes a day after Uganda's army said it had nearly captured LRA leader Joseph Kony." UPDATE: As of late, under pressure that pursuing charges would upset the peace process, the ICC is backpedaling... at least for now. October 13, 2005: Unsealed today were ICC arrest warrants issued October 8th for five senior leaders of the LRA including Joseph Kony. See http://www.icc-cpi.int/press/pressreleases/114.html Yugoslavia: In 1993, the International Criminal Tribunal for the Former Yugoslavia (ICTY) was formed (the first such military tribunal since World War II). This tribunal, based in The Hague, Netherlands, has tried 43 people for atrocities committed during the 1990's (Balkan wars) and the former Yugoslav President Slobodan Milosevic is now on trial... in its third year. With the UN Security Council resolution requiring the ICTY to close its investigations by the end of 2004, all subsequent cases will be referred to national courts. For the last indictments by the ICTY see http://www.justicetribune.com/article_uk.php?id=2970 March 9, 2005: General Momcilo Perisic, the highest-ranking military commander to appear before the ICTY court, pleaded not guilty to the 13 counts against him. Perisic was formerly the Chief of Staff of the Yugoslav army. Also on this date was the opening of the 'Special War Crimes Chamber' in Sarajevo (Bosnia/Herzegovina). March 23, 2005: Vinko Pandurevic, a former Bosnian Serb general accused of genocide by the ICTY for his role in the massacre in Srebrenica on July 1995 has surrendered to the court in the Hague. For others who have surrendered see http://www.justicetribune.com/article_uk.php?id=2972 March 11, 2006: Slobodan Milosevic, age 64, found dead in his cell in The Hague, Netherlands. June 11, 2007: Milan Martic, the former leader of rebel Serbs in Croatia, was sentenced by the U.N. war crimes tribunal to 35 years in prison for ordering atrocities when the breakaway state of Croatia was established. July 21, 2008: Radovan Karadzic, one of the leaders of the Bosnian Serbs in the 1992-95 Bosnia war, was arrested in Serbia. A fugitive for 11 years, he will stand trial in The Hague for war crimes.
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