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Hunting down war criminals

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Robin Lustig | 10:51 UK time, Friday, 27 May 2011

First, Osama bin Laden. Then, the former Bosnian Serb general, Ratko Mladic. And let's not forget - because these things often seem to come in threes -- Bernard Munyagishari, a former Hutu militia leader in Rwanda, wanted on charges of genocide and crimes against humanity.

One of them is dead, the other two are now in custody. All three of them are alleged to have been responsible for the deaths of thousands of people in some of the worst atrocities of modern times.

What strikes me as remarkable about all three of these cases is how long after the events the alleged perpetrators were hunted down. Perhaps we should be less cynical when politicians and prosecutors tell us they will not rest until alleged mass murderers are brought to justice.

Bin Laden was killed nearly a decade after 9/11; Mladic was arrested yesterday morning, 16 years after the massacre of more than 7,000 Muslim men and boys at Srebrenica in 1995; Munyagishari was apprehended 17 years after the Rwanda genocide, during which he is alleged to have recruited, trained and led Interahamwe Hutu militiamen in mass killings and rapes of Tutsi women.

My guess is that the trial of General Mladic, if and when it happens, will receive a great deal more publicity than the trial of Bernard Munyagishari. Yet if media coverage were to depend on the scale of the alleged atrocity, it should by rights be the other way round.

Remember what happened in Rwanda. In just three months, an estimated 800,000 people were killed, in an organised pogrom allegedly designed to wipe out the country's minority Tutsis and moderate Hutus.

The indictment issued by the International Criminal Tribunal for Rwanda, based in Tanzania, lists five charges against Munyagishari: conspiracy to commit genocide, genocide, complicity in genocide, murder as a crime against humanity, and rape as a crime against humanity.

That's quite a charge sheet. But of course if the prosecutors are to succeed, they'll have to prove that Munyagishari himself was both involved in, and had "command responsibility" for, the appalling atrocities of 1994.

As for General Mladic, the same applies. We know well enough what happened at Srebrenica, but again the court will have to be satisified that the man in the dock was responsible in law for those thousands of deaths. The erstwhile political leader of the Bosnian Serbs, Radovan Karadzic, is already on trial in The Hague - I suspect the two men will not be given the opportunity to spend much time together.

I visited Srebrenica in 1996, just a year after the mass killings. It was empty and virtually silent, the sort of place where the sound of absent footsteps is louder than on any city street. I also visited Potoçari, the grim industrial complex outside the town, which had been the UN base - the supposed "safe haven" - where so many of the Bosnian Muslims met their deaths.

But let me be clear: nightmare memories of a 16-year-old atrocity do not mean that General Mladic is guilty of the crimes with which he is charged. Only the court can decide that.

As for Osama bin Laden, of course, there'll be no trial, and no opportunity to test the strength of the case against him. You may well take the view that he convicted himself out of his own mouth, with the audio and video messages he released after September 11, 2001. It's not my place to offer a judgment on that.

If, as President Obama insists, "justice was done" when bin Laden was killed in his Pakistani hideout, well, one day, perhaps justice will also be done in the cases of Ratko Mladic and Bernard Munyagishari.

A different kind of justice, maybe, but justice nonetheless.

Comments

  • Comment number 1.

    One person did not commit each of these acts of horror. What about those who actually did the killings and rapes. It is convenient to prosecute one individual and say that justice has been done. Each of these individuals holds responsibilities but there is a chain of authority and others must be complicit for such events to occur. More symbolic justice than real justice. Business and politics usually trump justice in this world. Hollow speeches from politicians, empty and disingenuous.

  • Comment number 2.

    If the US is so interested in international leadership, why doesn't it join the ICC?
    The ICC describes itself as a "court of last resort," intervening only when a national judicial system proves unable or unwilling to prosecute. Will we ever See American Presidents before the ICC? What about NATO? What about those poor men still suffering - uncharged, unconvicted - in Guantanamo?
    The ICC is not replacing an act of military intervention. Rather, the UN Security Council's decision to refer Qaddafi to the court is the appropriate international legal response to his actions. What about the other side's actions, the side that has killed more civilians than Gadddafi and is evidently concentrating its efforts on Tripoli?
    By operating within the context of the Security Council and NATO, President Obama has avoided having to get the approval of his very own Congress. Congress never authorized Libyan intervention.
    Whether you re a war criminal or not depends on 2 things:
    1. Did you win. If yes, you are innocent.
    2. Did you join the ICC? If no, doesn't matter if you're guilty or not. You're home free.

  • Comment number 3.

    Is the ICC a conceit?

    Was it constructed to dispense victors' justice? In theory no, but I am genuinely curious about the statistics about those prosecuted - is there any kind of balance? The depth of depravity and individual rottenness is not monopolised by any particular side so there should be some kind of balance - yet so far as I know this does not exist (I am open to be corrected.)

    It would seriously improve my opinion of the otherwise extremely laudable ICC is all countries agreed to take part - in particular the USA. Not allowing the Court to examine the behaviour of USA citizens seriously tarnishes the Court and the USA.

    I almost fee that the position of the ICC is evidence that we are entering a time,similar to that when the League of Nations was progressively ignored and violence and exploitation gained the upper hand and it worries me and I think it should worry everyone.

    We have not really progressed from the world of Clausewitz where the rules of war and politics were interchangeable and of one another. We are still barbarians (which is in fact unfair to Barbarians) - we really need to move decisively away from this condition and the USA agreeing to be subject to the jurisdiction of the ICC would be a very good signal.

    All soldiers and officers, including those of the USA, need to know that there is a higher (mortal) authority than their own nation when they make the fine judgements on exactly how they act in execution of the military duty. Their poor decisions or misjudgements taint us all. So come on USA join the ICC and prove us wrong!

  • Comment number 4.

    This comment was removed because the moderators found it broke the house rules. Explain.

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