Is Kissinger starting to sweat?

Ian Murray seamus2001 at home.com
Sun Jul 1 18:41:21 PDT 2001


<http://www.iht.com> New Anxiety Over Idea of a Borderless Justice Barbara Crosette New York Times Service

Some See Challenge to National Sovereignty


>From Augusto Pinochet to Slobodan Milosevic, the arm of the law is
growing longer and the world smaller for national leaders and others accused of atrocities. . What is dawning, human rights lawyers say, is an age of justice without borders - and not everyone is happy about it. . The trend, while celebrated by human rights advocates, is being viewed by some lawyers and governments as an alarming challenge to national sovereignty and a potentially unpredictable political tool. . The case of Mr. Milosevic, the former Yugoslav leader who was handed over to an international tribunal last week, more than any other "demonstrates that even the highest government officials are vulnerable to international prosecution for the most heinous human rights crimes," said Kenneth Roth, the executive director of Human Rights Watch. . "It's a momentous occasion for Milosevic's victims, who might see a modicum of justice done," said Mr. Roth, whose organization supports what is being called "universal jurisdiction" for human rights offenses. . "But it's also an historic moment for the human rights movement," he added, "because it will begin to force would-be tyrants to think twice before replicating Milosevic's atrocities." . Some fear, however, that such a trend could also have a potentially paralyzing effect on government decision-making, and they warn that there are no guarantees that such prosecutions - which are hopscotching borders in roundabout ways - will be even-handed, indicting the friends as well as foes of great powers. . Nonetheless, there is a trend - whether justice is pursued by international tribunals, under national laws or by states and prosecutors claiming that some crimes are so awful that the accused should have no place to hide. . There was Manuel Noriega, the dictator of Panama who was seized and convicted of drug trafficking by the United States in 1989. . There was Augusto Pinochet, the former Chilean strongman, who spent a year and a half in British custody on a Spanish warrant before being allowed to return home, where his legal problems continue. . Hissan Habre, the former leader of Chad, was under arrest in Senegal until a new government turned him loose last year, but his fate remains uncertain. Jean Kambanda, a former Rwandan prime minister, went to jail for life last year for his role in the 1994 genocide, mostly of ethnic Tutsi. . Others may get their days in court. Peru is demanding that the Japanese extradite its former president, Alberto Fujimori. A Belgian prosecutor is trying to open proceedings against Saddam Hussein of Iraq, whose case is also being studied by American officials. . Foday Sankoh, though not a head of state, will almost certainly face proceedings in Sierra Leone for leading a particularly vicious rebel army against a government in which he was a minister. . At the Yale Law School, Ruth Wedgwood, a professor of international law, said the idea of universal jurisdiction first arose in 1919, when there was an abortive attempt to put Kaiser Wilhelm on trial for World War I. . After World War II, the Nuremberg trials of Nazi officials were the century's high point in the use of universal jurisdiction for war crimes. But after that, this kind of law became a narrow, specialized field, Ms. Wedgwood said. Now, she calls it "a growth industry," revived in recent years with the establishment of war crimes tribunals for the Balkans and Rwanda and with the impending opening of the International Criminal Court, perhaps within the next two years. . That court will be the first permanent body charged with trying individuals for war crimes, crimes against humanity and genocide. The United States remains a reluctant nation, and has opposed setting up a permanent international criminal court, in part over fears that the court could someday be used to prosecute its own soldiers or leaders. . William Pace, convener of the Coalition for an International Criminal Court, said the speed that the movement for universal jurisdiction has picked up in a decade is remarkable. . "Between 1989 and 1995," Mr. Pace said, "virtually every international affairs expert promised us that there would never be a statute to create an International Criminal Court, that it would take another 30, 50, 100 years." . He added, "Equally, we have been told over the years that never will we see Milosevic transferred to The Hague. One of the messages here is that patience works. The era of impunity is being replaced by a new era of international law and justice." . But some legal scholars are disturbed by the pressure put on Yugoslavia by rich nations, especially the United States, through threats that money needed to rebuild the country would be withheld until Mr. Milosevic was turned over. . And Henry Kissinger, writing in the current issue of Foreign Affairs, warns against what he sees as a dangerous mix of law and politics in what he acknowledges has become a growing movement for universal jurisdiction. . Mr. Kissinger, whom some critics want to see face trial for his policies in Cambodia during the Vietnam War, writes that a universal system "must not allow legal principles to be used as weapons to settle political scores." He sees a possible chilling effect on makers of foreign policy, who would have to weigh whether they could be prosecuted for acting on behalf of what they see as their nation's interests.



More information about the lbo-talk mailing list