African Dictators: Can’t Run, Can’t Hide!
No ICC, No Justice?
The ICC, established in 2002, is an institution with a lot of legal and political limitations in its investigative and prosecutorial duties. For instance, it has authority over “crimes against humanity” only if the acts were “committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.” The crimes must have been “extensively or rationally orchestrated” by the perpetrators. The ICC can investigate cases only where the accused is a national of a state party that has accepted ICC jurisdiction and the alleged crime took place on the territory of a state party, or if a “situation” is referred by the Security council. Most importantly, it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes.
The ICC has a very difficult job to do in investigating and chasing the world’s worst human rights violations across the planet. Despite its recent establishment, obstacles and limitations, it has a respectable record. As of September 2010, the Office of the ICC Prosecutor had received 8,874 “communications” about alleged human rights violations. After an initial review, it declined to proceed with 4,002 of them concluding that they are “manifestly outside the jurisdiction of the Court”. To date, the Court has opened investigations in seven African countries. Three investigations began following referral by state parties, the UN Security Council referred two more (Darfur and Libya) and two were begun proprio motu (“ICC prosecutor began on his own initiative”). To date, the ICC has charged 27 people and issued arrest warrants for 18 more. Five individuals are in various stages of trial and eight remain at large as fugitives. Two individuals died before their trials concluded and charges were dismissed against four.
The one unsettled question is what happens to those individuals who commit crimes against humanity, war crimes and genocide in official or unofficial capacity but cannot be prosecuted because they are not part of the regime of the Rome Statute which established the ICC. For instance, Ethiopia has not ratified or accepted the Rome Statute and technically does not come under ICC jurisdiction. Does that mean the individuals who perpetrated crimes against humanity and war crimes in that country will never be held accountable under any international system of criminal justice?
Justice Delayed is Not Justice Denied, Just Delayed
Justice delayed is just delayed. The victims of former Chilean dictator Gen. Augusto Pinochet might have thought justice delayed is justice denied. So may have thought the victims of Argentina’s Dirty War. The facts are very encouraging. Since December 2006, Chilean prosecutors and judges have convicted hundreds of former military personnel in the Pinochet regime accused of committing grave human rights violations. As of July 2008, 482 former military personnel and civilian collaborators were facing charges for a variety of offenses classified under crimes against humanity. Among these, 256 had been convicted, of whom 83 had had their convictions confirmed on appeal. In the Argentine Dirty War (the generals’ war against thousands of activists, militants, trade unionists, students, journalists and others), the mighty generals have been held to account. Many of the top military officers involved including Leopoldo Galtieri, general and President of Argentina, Jorge Rafael Videla, former senior Army commander and de facto President and other lesser known top officers were tried and sentenced to life imprisonment or long prison terms. Hosni Mubarak, Egypt’s dictator for over three decades, his sons, interior minsiter and others are today facing justice in an Egyptian court. Syria’s Bashar al-Assad of Syria and Ali Saleh of Yemen will no doubt face justice in Syria, Yemen or elsewhere. Justice will also arrive like a slow, chugging and delayed train for those who have committed crimes against humanity and war crimes in Ethiopia.
First Published: JANUARY 30, 2012 12 African Dictators: Can’t Run, Can’t Hide!
Read articles by the author at: www.huffingtonpost.com/alemayehu-g-mariam/