Wednesday, July 20, 2011


by Duci Simonovic


International Criminal Law - From Justice to Oppression - by Me Christopher Black
[Chris Black is the Defense lawyer who taught me about International Criminal Defense. Diana Johnstone introduced me to Chris back in the late 1990s; Chris, then, introduced me to Jacques Vergès and the whole Yugoslav dossier: Vlada Krsljanin, Tiphaine Dickson, Cathrin Schulz, Klaus Hartmann and the ICDSM (including the enraged Serbian philosopher/poster artist Duci Simonovic); and then, on a brief TGV trip from Paris to Brussels, to attend memorial services for his client’s 16 year-old son, Alain, an event in which, despite guarantees from all the major powers of his return to UN custody in Arusha, General Ndindiliyama was never allowed to take part, Chris introduced me to the Rwanda case and brought me onto The General’s Defense team as a sort of literary side-kick.

The truth about Rwanda, in particular, but, more generally, about all the Secret Wars of the Great Powers in Eastern Europe, Central Asia, the Middle East and Africa, has become a kind of, however Quixotic, mission from god for CM/P.

Now that The General has been, de facto, acquitted of the mega-charges against him at the ICTR—as in the Military I case in 2009, where all charges of conspiracy or plotting to commit genocide went unproven, but due to an order from the Appeals Chamber instructing the Trial Chamber to ‘take judicial notice’ of the 1994 Rwandan Genocide (of 800,000 or so Tutsis by the 1994 Hutu {read: majority} governments of that tortured nation), an order whereby the various charges of genocide are allowed to stick despite their being TOTALLY UNPROVEABLE, the Tribunal found it necessary to ‘convict’ all the Defendants of the worst sort of humbuggery, and hand down arbitrary sentences, ranging from 30 years to ‘time served’, as a way to justify its remaining on the UN’s juicy teat: so General Ndindiliyimana got cut loose for ‘time served’.

Ok, despite its grotesquely capricious practices, this was one ICTR call that both Chris and I accepted with happy satisfaction. The General was free! At last!!

But then something came up, and he was again denied permission to return to his home and family—again for 'political reasons.' And The General is not the only ICTR Defendant to be acquitted or have his conviction overturned on Appeal, only to be made by the world media, and the 'Public Opinion' it (de)forms, to pack around his original charges as a kind of 'Silent beef', from which there is no redress or relief. These Defendants, though legally innocent, are condemned to lead the non-lives of Society's outcasts.

So much for the NATO Terrorists’ version of International Justice: A putrescent piece of road-kill on the highway to militarized Global Wastage.

But here’s Me Black’s take on just what NATO Justice smells like. –mc]


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International Criminal Law - From Justice to Oppression
by Christopher Black

The Nuremberg Trials of 1946 advanced international law in a fundamental way. For the first time in history the victims of aggressive war brought their attackers to justice, and aggression was defined as the ultimate war crime from which all others flow. Today, international war crimes trials are used by the aggressor to persecute the victims of their aggression. International law has turned full circle from justice to oppression, from justice to revenge.

What can better illustrate this than the one-sided justice at the ad hoc tribunals, the ICTY and ICTR{1}, where the victims of western aggression are grossly slandered and accused of the most heinous crimes in order to obscure the real facts of those aggressions under a cloud of darkness and confusion. What can better illustrate this than the statement by the judges of the ICTR in the case of General Ndindiliyimana{2}, from its just-released judgment in the Military II case {3}, coming at paragraph 2191:

“The Defence submits that the indictment and arrest ‘were motivated by political
reasons’. The Chamber recalls that before this Chamber, the Defense stated that the
prosecution made every effort to encourage Ndindiliyimana to testify against Colonel
Bagasora, but Ndindiliyimana refused. The Prosecution did not deny this. Following his
initial refusal, the Prosecution produced a far-reaching indictment charging
Ndindiliyimana with a number of crimes… Most of those charges were eventually
dropped.”


—Political Reasons—

As the judges at the ICTR revealed that the court’s prosecutor indicted people for political reasons, the ICTY demanded that Serbia hand over General Mladic{4} for allegedly engaging in a “joint criminal enterprise” to kill Croats and Bosnian Muslims. General Mladic maintains that he defended Serbs from the criminal actions of the Croat and Bosnian Muslim forces attacking his people, for which there is abundant evidence. Yet, once again, the victim is the accused and the witnesses brought against him are partisans of the aggressor.

Now, we have the absurdity of the International Criminal Court issuing criminal indictments against various Africans whose common connection is to obstruct Western interests in Africa. The latest indictment against Colonel Ghaddafi, made because his country resists the aggression and war crimes of the USA and its satellites in Europe and Canada, shows, even to the blind, that control of the ICC has been seized by the USA, even as that country refuses to be subject to its jurisdiction.


—Shocking aspect—

Never in history has “criminal justice” been perverted to such criminal ends. The most shocking aspect is the complete acquiescence of the nations of the world in this charade. Members of the Security Council, apart from the United States, have the power to nullify the ad hoc tribunals but they do not. They have the power to refuse to bring clearly political accusations to the ICC. But they do not. It is they who are in charge and who are responsible, just as much as the USA.

General Mladic would have good reason to tell the ICTY judges that since they are a proxy for the Security Council, he wants to be tried by the Security Council, itself, and then he could see whom he is really up against and why. Colonel Gaddafi would have the same right to demand to be brought face to face with his real accusers in the Security Council, so he could reveal their true interests to the world. But this right to face one’s accuser, this right to honesty, is not allowed. Instead the Defendants are faced with a theatre troop acting out a macabre play, a show for the public.


—So corrupted—

Indeed, the entire structure of “international justice” since 1946 has become so corrupted that it is difficult to see how it can be transformed into a vehicle to stop aggression, as it was intended, instead of a propaganda tool justifying it. The rot has spread everywhere.

The nations of the world must once again stand up and demand that the principles of the United Nations Charter be adhered to. They were thought important once. They are important now. The United Nations must demand that this architecture be dismantled, that international justice be restored, in the true sense of the phrase, and that national sovereignty and the self-determination of peoples be inviolate once again. But this architecture cannot be dismantled until the Security Council is abolished and the United Nations General Assembly represents the true interests of the peoples of the world in complete equality.

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Notes:

{1} The International Criminal Tribunal for Yugoslavia (some say 'the former-Yugoslavia') in The Hague, the Netherlands, and the International Criminal Tribunal for Rwanda in Arusha, Tanzania. --Both Tribunals share a single Appeals Chamber in The Hague.

{2} Major-General Augustin Ndindiliyimana, Chief of the Rwandan National Gendarmerie at the time of the troubles.

{3} The Prosecutor v Bizimungu, Nzuwonemeye, Sagahutu and Ndindiliyimana.

{4} Ratko Mladić came to international prominence in the Yugoslav Wars, initially, as a high-ranking officer in the Yugoslav People's Army and, subsequently, as the Chief of Staff of the Army of the Republika Srpska (the Bosnian Serb Army) in the Bosnian War of 1992–1995. On 24 July 1995, Mladić was indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) for genocide, crimes against humanity, and numerous war crimes (including crimes relating to the alleged sniping campaign against civilians in Sarajevo). On 16 November 1995, the charges were expanded to include charges of war crimes for the attack on the UN-declared safe area of Srebrenica in July 1995.


Christopher Black, International Criminal Lawyer Toronto, Canada. The views expressed in this article do not necessarily reflect the views of Radio Netherlands Worldwide.

Thursday, June 30, 2011

Vergès Interview: on Syria & Libya - from Michel Collon's webzine: Investig'action. (translated from the French by CM/P)



[CM/P is being run out of France--but, believe thee me, it's just temporary, and it'll change nothing about us.

I'd like to think we were under the guns of those French Fascist collaborators who are currently so exercised over Sarkozy's killing of innocents in North Africa and the Middle-East. Those little Pépés who are always trying to slarv the biggest dode in the room—then, as they wipe their petulant lips, claim they’re working undercover for the morals squad.

And here we're not talking about the National Front or their ilk. No, these are the polite cosmopolitans (as my friend Péan referred to Doc Kouchner), pretending to erudition and deep feelings for the Defense of Human Rights, Victims Rights—they’re frequently gathered into SOS Associations (like SOS Racisme: went after Péan for four pages of his monumental book on Rwanda, “Noires fureurs, blancs menteurs”; or SOS Attentat: went after those reparation bucks for the victims of Terrorist Attacks in 1980s France [almost always bogusly blamed on Libya: e,g,, La Belle disco, or UTA flt. 772, or Pan Am flt. 103 {La Belle is, to this day, bragged about as a false flag by the Mossad--see: Victor Ostrovski's "By Way of Deception . . .} or, my pants-down favorite, SOS-Papa: sets up mediations for bi-national couples, then [according to its leader, my asshole landlord, one of the principal reasons for CM/P's relocation to Jersey, and a Shoah-survivor who proudly supports the US/NATO aggressions against Libya and Syria], then sends mercenaries, 'paid black ops commandos' [like all short guys, the lord of my manor's a bit of a fantasist], in after the kids being fought over [think: Zoés Ark]).

–But, hey, this post is not about us, it’s about Maitre Jacques Vergès, one of the world’s greatest, most principled defense attorneys ever.

Yet these same organizations I was complaining about just now are the ones Me Vergès finds himself pitted against time after time in the media. My great pal, Jack (though, when he sees me, Vergès can never seem to remember who I am, where he’s seen me before—and I would never call him ‘Jack’ to his face!) has also been a formidable teacher and ethical model to me. His defenses of Carlos, Klaus Barbie, Omar the gardener (great film just out about this case: “Omar m’a tué”), Milosevic, Saddam and several African leaders, have been based on the ‘underdog principle’ (No one is more deserving of the best possible defense than an individual who is matched against the monstrous capital powers of a militarist State). Famous for clients that the Public assumed to be guilty as charged, MeV was the subject of my old Hollywood cronie, French director Barbet Schroeder's not entirely sympathetic documentary movie about the counselor, “Terror’s Advocate." In it the narrator asks the Maitre if he would even defend Bush. JV replied, gripping his stogie firmly in his steady at 83 year-old hand, “Yes, of course. But only if he first pleaded guilt.”

Of all that has happened to CM/P in these last 16 years in Paris (and some interesting shit has gone down), I don’t think anything can match the honor of being included with Maitres Vergès and Ramsey Clark as a ‘Fascist on the Milosevic Defense Committee’. Of course the bestower of this magnum accolade was the fat-headed and chronically amnesiac Jared (the greater) Israel, and it was as he was giving up on trying to subvert yet another progressive organization.

No, I can leave France a happy man, and never come back, knowing, for a column-inch or two, my CM/P and I were at the same table, smoking Cohebas and sipping Cognac with the likes of Ramsey Clark (Interational Action Center) and Jacques Vergès (the lawyer you want if you absolutely, positively don’t have a snowball’s chance in hell of getting off).

Now, let’s give the ‘parole’ to Maitre Vergès. –mc]

************************

Maitre Vergès Interview on Syria and Libya
from Michel Collon’s webzine: Investig'Action
(translated from the French by CM/P)


Jacques Vergès: “In Syria, the current government must be defended!”

An indefatigable Defense Lawyer, on juridical and political issues, to those who resist the New World Order, Jacques Vergès, who was recently seen alongside Roland Dumas in a Tripoli under NATO bombardment, shares his feelings on what is happening and what could happen in Syria. His is an uncompromising analysis of the moral and geopolitical adventurism of an Americo-Centric West, and a rational optimism about the developments in Syria and elsewhere.


—First off, what is your analysis of the situation in Syria?—

Jacques Vergès: There is a very clear attempt to destabilize the government coming from outside Syria. Saudi Arabia is on the move inside the country using the Salafist Group it inspires and finances. And, of course, the US is in charge of this would-be civil war. Israel, a bordering state and an avowed enemy of Syria, and which has intelligence services and state-of-the-art military capabilities, is, I believe, directly involved here, as well. And I would not like to forget the motivational role played by France in the destabilization of the Syrian government.

I don’t deny that there are social problems in Syria. France, too, has serious social problems, and, one could even say, French society is facing a certain number of obstacles. Its enemies, inside and outside Baathist Syria, are doing all they can to add fuel to the fire. As for me, I am very openly a friend of Syria as it exists today.


—What, in your view, will be brought about by the attitude taken by Nicholas Sarkozy in this affair?—

JV: On a strictly ideological level, there are unarguably pro-Zionist and pro-American dispositions to this President, who dreams of being at the head of his class in Europe, or the peer of Britain’s David Cameron in their “NATO-studies” course. And here we touch on something more personal, more psychological, about the man: his pathetic need to see himself hoisted to the status of Statesman and to be able to play on the “Big kids’ yard” of this world, a status that a vast majority of French public opinion seems to be denying him these days. And then there are all these internal failures—in the areas of economics and security—that they try and make the electorate forget about by rolling out all the war hardware; this is a procedure as old as the political world itself.

Finally, there is the heavy responsibility born by French diplomacy for this Arab, Tunisian and Egyptian “Spring”: From (French Prime Minister François) Fillon’s putting his vacations on (Egyptian President Hosni) Mubarak’s tab to “M.A.M.” offering to work with (former-Tunisian President Zine el Abidine) Ben Ali on matters of police repression, there is no shortage of Things-to-be-Forgotten as soon as possible. And most notable among these is the undeclared war against (Libyan leader Moamar) Kadhafi, ordered up precipitously and without clear political objective by a simple injunction from Bernard-Henri Levy, delivered over the shoulders of (Foreign Minister) Alain Juppé and Gerard Longuet. Such a political escapade can only lead to chaos and the wasting of human lives and riches. And as with what is already a failure, like the War in Afghanistan: Kadhafi stands firm, less because of his military superiority than the support he continues to receive from a great majority of the Libyan population, and also because his opponents, who are given carte blanche by the West, demonstrate each day how lame and unprincipled they are, not only militarily, but politically, too. Faced with this Resistance, the media break out the old double-talk of psychological war: Have you heard this picturesque “information” coming out of our TV sets? Kadhafi has issued Viagra to his soldiers to get them up for raping the female rebels! When you have to resort to this kind of propaganda you know things are going badly.


—To you, the West’s action, in Libya as in Syria, is, in some way, improvised, badly thought out and meant to fail. Yet, shouldn’t we expect a less amateurish campaign from the US administration and NATO . . .—

JV: But you can see the waste that American bungling perpetrated in Iraq over the last nearly ten years: They started the war on the phony pretext of getting rid of Saddam Hussien, a “hard case” against Israel in the Arab camp. And after innumerable victims and vast destruction, they give power over to the Shiite majority, that is, to Iran, their Public Enemy #1. Is this the Great Geopolitical Game, here? Any analyst or expert on the region could have predicted this outcome for Bush and his Neo-Con clique! This Ubu-esque situation brought a frank quip from the great American intellectual Noam Chomsky, a man with few illusions: “I thought we were going to Iraq to fight Islamic Extremists, and then we put them in power!” Well, it’s the same thing in Libya. We gave the big guns to Kadhafi—who had mended fences with the West—and whom Sarkozy, as we all remember, recently honored—and now we have no one to turn to other than the broken down, impotent and foreign-infiltrated Islamic Radicals—who, at best, represent the Province of Cyrenaïque—and even there, their representation seems very weak, indeed. And will the French—or the British—stay on after their first helicopter or their first ground soldier is shot down?

And as for Syria, if the Americans and their Saudi friends happen to topple the Bachar al-Assad government, they will merely hand this country over, ipso facto, to Sunni sectarians, who will return a modern Syria to the age Ryad—which will bring some heavy consequences for Israel and its American protectors. That said, I remain an optimist about Syria, and even Libya. The Syrian people know that it is civil war and the destruction of their country that is being forced onto them by these opposition officials acting more or less as puppets of the Americans and the armed groups that have infiltrated their land. The Syrians do not want their country to become the new Iraq.


—And if the war being waged by the Americans and their European and Arab allies were just, why, instead of trying to take over Syria, would they want to destroy the country or return it to a stage of development 50 years or more in the past, as certain trans-Atlantic strategists have bragged about having done with Iraq?—

JV: But it is precisely the example of Iraq that shows this is a politics of the short view, and dangerous for Washington’s geostrategic interests: today’s Iraq is closer than it ever has been to Iran. And the de facto creation of an autonomous Kurdish state in the north of the country has pushed Turkey further from the US. We gain nothing from creating these uncontrollable situations, and the chaos you have created will come back to you like a geopolitical boomerang! And what would Miss Clinton [sic] have achieved when the jihadists start parading in the streets of Tripoli, or after that in Benghazi? As for Syria, I think, the support that the Bachar al-Assad government continues to receive remains the most effective obstacle to Americano-Israelo-Saudian strategies.


—So, in Syria and elsewhere, the West is practicing a relentless, counterintuitive pursuit of war, a sort of gunboat diplomacy from one day to the next?—

JV: Precisely. Because the West is sick. Economically. Politically. And, above all, morally. To me, these costly military gesticulations, from Kabul to Tripoli by way of Baghdad or even Damascus, are like the involuntary throes of someone in grave suffering. America is, especially, very sick, with its ruined economy, its colossal debt, its dollar turning into a piece of Monopoly money and its giant scams à la Madoff. And, also, with the arrival into the geopolitical marketplace of emerging powers, or re-emerging powers, like Russia, China, India, and Brazil. To maintain a semblance of moral and political legitimacy, and, with that, world leadership, we have to create an enemy, a “Great Satan,” as the Iranians would say, which makes domestic opinion forget about our imminent failure. But what kind of moral credibility is accorded to those powers that practice a double-standard? So, to hold on to the Near-East, we bomb Tripoli and threaten Damascus, as we let Israel continue, against repeated UN Resolutions, its colonization and bloody repression, just as we let the Saudi troops, more American pawns in the Gulf, put down a popular protest movement in Bahrain. We stigmatize Iranian fanaticism, while we support a Saudi Arabian theocracy that practices the most sectarian and obscurantist form of Islam. I could also go on at length about Côte d’Ivoire, where France, again carrying out American orders, proclaimed that Alassane Ouattara was the mild-mannered Democratic in that movie, and Laurent Gbagbo the villain, even while the UN found evidence of numerous crimes against the civilian population carried out by Ouattara’s troops in the reign of terror they established in their northern fiefdom during the now-famous presidential elections. And if we explain this as Ouattara’s not being in control of his troops, then he is simply inept!

I repeat: these colonial expeditions into Africa and the Near-East—after all, the two former colonial powers, France and Great Britain, are in the front ranks militarily and diplomatically, just as they were at the time of the Levant—are proof of the ill-health of their instigators. Is America sick? And France, too? The DSK affair (Dominique Strauss-Kahn, former head of the IMF, charged in NYC with raping his hotel chamber maid) shows me the moral and political failings of the Liberal-Socialist elites, corrupt and exhausted; and this moral failing compounds the failure of institutions and the economy, without forgetting domestic insecurity: each of these shows the French state, the state which is currently bombing Tripoli, is incapable of making the gang-leaders in its banlieues (comparable to the Projects) listen to reason! Why are we surprised when a president like Sarkozy, the last avatar of this governmental cast, tries to redraw his image on the backs of Libyans and Syrians! A fraud! A fraud in its death throes! The West runs the risk of dying from its cynicism and moral weakness!


—To finish up, you said you were rather optimistic about the evolution of the situation in these countries on the “front line”?—

JV: Yes. The Americans and their goons can do quite a bit of damage—just look at Libya, and Afghanistan, or still in Sudan, you can see it in Iraq and in the ex-Yugoslavia. But I don’t think they will be able to prevail over these people, these nations: We are seeing it, or we will see it, in Syria, in Libya, in Egypt, in Lebanon and in Palestine. In Syria, we must be vigilant against the destabilizing tactics and the campaigns of disinformation.


—Maitre Vergès, thank you very much.—

This interview was recorded on 9 June 2011 by Louis Denghien.

Source: http://www.infosyrie.fr/2011/06/jacques-verges-en-syrie-il-faut-defendre-letat-actuel/


Sunday, April 17, 2011

ALL NECESSARY MEANS - by Dr. Hans Köchler




Welcome to The Hague

"ALL NECESSARY MEANS" United Nations vs. Libyan Arab Jamahiriya: Humanitarian Intervention or Colonial War? - by Dr. Hans Köchler
[Dr. Köchler's learned opinion, posted here below, should be taken into consideration when measuring the effects of actions by France and the UN (& Co.) in Côte d'Ivoire. Yesterday's arrest of the sitting president, Laurent Gbagbo, and the invalidation of the 22 November elections (or their preemptive determination, much as was done in Zimbabwe and Iran recently) are further examples of the continuing criminalization of International Institutions for Peace and Justice. --mc]

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I.P.O. Information Service

"ALL NECESSARY MEANS"
United Nations vs. Libyan Arab Jamahiriya: Humanitarian Intervention or Colonial War?

Vienna, 28 March 2011
P/RE/22682c-is

On Saturday, 26 March 2011, the President of the International Progress Organization sent the following Memorandum to the President of the Security Council and to the Secretary-General of the United Nations:


MEMORANDUM
by the President of the International Progress Organization on Security Council resolution 1973 (2011) and its implementation by a “coalition of the willing” under the leadership of the United States and the North Atlantic Treaty Organization


Vienna, 26 March 201 1P/22680c

On 17 March 2011 the United Nations Security Council adopted a binding resolution with the stated goal to protect civilians in the domestic conflict in the Libyan Arab Jamahiriya. Although the “concurring votes” of the permanent members are required under Article 27(3) of the UN Charter for all decisions on other than procedural matters, the decision, adopted without the consent of China and Russia, is considered legally valid since it has become customary among United Nations member states to treat abstention as consent.

In order to meet the requirement of Article 39 of the Charter for the imposition of coercive measures, including the use of force, the Council has determined that the “situation” of domestic conflict in Libya constitutes a threat to international peace and security. In contravention to the provisions of Articles 42ff of the Charter related to the collective enforcement of resolutions by the Council itself, operative paragraphs 4 and 8 of the resolution authorize all Member States, individually or through regional organizations or arrangements, to undertake “all necessary measures” for the protection of civilians and for the enforcement of a so-called “no fly zone” in the airspace of Libya.

It is obvious that the delegation of virtually unlimited authority to interested parties and regional groups – as has become customary since the Gulf War resolutions of 1990/1991 – is not only incompatible with the United Nations Charter, but with the international rule of law as such. Although the provisions of Articles 43ff of the Charter for the making available to the Security Council of armed forces and national air force contingents have remained dead letter and the Military Staff Committee has never become operational, the Security Council can under no circumstances authorize a use of force the extent and form of which is solely at the discretion of those parties that volunteer to intervene on behalf of the UN. The procedures outlined in the operative paragraphs of resolution 1973 (2011), and their implementation by the interested parties, including NATO, contradict the doctrine of collective security which is the foundation of the provisions of Chapter VII of the United Nations Charter in several important respects:

1. The notion “all necessary measures” – which interested member states are invited to take “to protect civilians” (Par. 4) and “to enforce compliance with the ban on flights” (Par. 8) – is not only vague but also totally undefined. In a context of international power politics, imprecise terms will unavoidably be interpreted according to the self-interest of the intervening parties and, thus, can never be the basis of legally justified action. Such terms have often been used as pretext for a virtually unrestrained use of force.

2. The lack of a precise definition of the term “all necessary measures” makes it impossible, a principio, to ascertain the compatibility and commensurability of the adopted measures with the goals stated in the resolution. This effectively guarantees interested states and groups of states, as well as their political and military leaders, to act outside a framework of checks and balances, and with total impunity.

3. To “authorize” states to use “all necessary measures” in the enforcement of a legally binding resolution is an invitation to an arbitrary and arrogant exercise of power, and makes the commitment of the United Nations Organization to the international rule of law void of any meaning. The fact that the Security Council, using the phrase “all necessary means,” adopted the same approach earlier, namely in resolution 678 (1990), dealing with the situation between Iraq and Kuwait, does not justify the present action in the domestic conflict situation in Libya.

4. The interpretation of the term “all necessary measures” by two senior members of the British Government, shortly after the adoption of the resolution, is evidence of the problems caused by the use of an undefined term, and in particular of the abuses of power this invites. Both, the Secretaries of Defense and Foreign Affairs explicitly declined to exclude the targeted killing of the Libyan leader as one of the possible “measures” authorized under the text of resolution 1973 (2011). Although they did not repeat these views in later statements, and the British Prime Minister did not support their interpretation of “all necessary measures,” the Pandora’s box has now been opened.

5. The characterization of the resolution by the Prime Minister of the Russian Federation as “defective and flawed” insofar as it “allows everything” and “resembles medieval calls for crusades,” was very much to the point. Shocking as this assessment may be for the self-appointed guardians of mankind and representatives of the so-called “international community,” a procedure by which a country’s leadership is declared an international outlaw, and everyone (state or regional group) is invited to join in the battle in whichever way he pleases indeed resembles the rationale of the crusades. However, a medieval hostis declaration has no room in modern international law. International vigilantism and a humanitarian free-for-all are elements of anarchy and belong in a pre-modern system of imperial powers, as it existed before the abrogation of the jus ad bellum.

6. In the context of Chapter VII enforcement measures, including the use of armed force, the formula “all necessary measures” effectively invites unilateral action by the self-appointed members of a “coalition of the willing,” something which not only gradually subverts, but perverts the United Nations’ rationale of collective security in the service of an undeclared imperialist agenda, hidden behind humanitarian motives such as those proclaimed under the slogan of the “Responsibility to Protect” (a set of principles adopted by the United Nations General Assembly in 2005, which seems to have replaced the earlier phraseology of “humanitarian intervention”).

7. The ban on the use of force according to Article 2(4) of the United Nations Charter will become totally meaningless if, by way of a Chapter VII resolution, every member state can effectively use force in pursuit of an abstract goal in a unilateral manner, and without any checks and balances.

8. The stated goal of the “protection of civilians” has been implemented by interested member states, first and foremost the former colonial powers in North Africa in tandem with the United States, in a way that has caused even more deaths among innocent civilians.

9. Contrary to the purposes of Chapter VII of the UN Charter, the implementation of resolution 1973 (2011) by interested parties has led to an increased threat to international security instead of containing it. What was essentially a domestic conflict, resulting from an armed uprising, has now become an international one. By intervening in a domestic conflict situation on the side of one party, the states that undertook to enforce the resolution, individually and through NATO, have further fuelled the conflict and brought about a situation that may lead to the disintegration of Libya, with the prospect of long-term instability in the entire North African and Mediterranean region.

10. The involvement of the North Atlantic Treaty Organization (NATO) as coordinating entity for the enforcement of the flight ban and, eventually, all military operations in Libya has further complicated the international dimension of the conflict. NATO is a mutual defense pact of European states, including Turkey, and two North American states. Even if in the disguise of “crisis response operations” and noble humanitarian motives, offensive action in North Africa – outside the treaty area – will further threaten international peace and security. NATO’s involvement as a regional organization, albeit not representing the concerned Arab and North African regions, also testifies to the dangers of the general authorization formula in resolution 1973 (2011). NATO certainly represents a spectrum of interests that is totally different from that of the concerned region. In view of its composition and political agenda, it is totally inappropriate for the North Atlantic Treaty Organization to act as the exclusive enforcer of Chapter VII resolutions of the Security Council.

11. By deciding to “protect civilians” in Libya while not acting in comparable situations of uprisings in Bahrain and Yemen, the Security Council has obviously chosen a policy of double standards that seems to be determined by the strategic and economic interests of the intervening countries.

12. In an act of utmost hypocrisy, the intervening countries hide their vested interests behind the stated humanitarian goal of resolution 1973 (2011). Under the cover of the “Responsibility to Protect,” which the Secretary-General of the United Nations evoked as rationale of the resolution, an effectively unilateral use of force has taken hold, amounting to military measures that, as acts of war on the side of one party in a domestic conflict, go far beyond the stated goals of the resolution and are carried out with total impunity and without sufficient checks and balances. Due to the authorization formula of “all necessary means” (or “all necessary means,” in resolution 678 [1990]) the Security Council has made itself a mere bystander. Because of the voting provision of Article 27(3) of the UN Charter, the authorization cannot be cancelled without the consent of those permanent members that have succeeded in inserting it into the resolution.

13. It is to be recalled that operative paragraph 6 of resolution 1970 (2011) by which the Security Council has referred the situation in Libya to the International Criminal Court (ICC), provides for a kind of “preventive impunity” for all officials and personnel from countries militarily intervening in Libya in so far as they will, in spite of the referral decision under Article 13(b) of the Rome Statute, not be subjected to the jurisdiction of the International Criminal Court. This approach, which amounts to an effective amendment of the Rome Statute of the ICC, for which the Security Council has no authority, again reveals the predominance of political considerations over those of justice or human rights.

14. In line with the Security Council’s tendency, since the end of the Cold War, to arrogate powers not given to it in the Charter, and to broaden its mandate as global “administrator of justice,” resolution 1973 (2011) appears to have further widened the scope of action on the basis of Chapter VII so as to include the protection of the civilian population in situations of domestic conflict. However, if the Council aspires to be an enforcer of rights and an arbiter in domestic conflicts, it will have to abide by the basic principles of the rule of law, first and foremost the exclusion of arbitrariness in the enforcement of the law. As long as it encourages member states to act as they please, allowing them to further their own national interests in the disguise of enforcement action on behalf of the United Nations, the Security Council’s practice will itself constitute a threat to international peace and security.

15. In view of the legal contradictions resulting from the authorization of the use of “all necessary measures” under Chapter VII resolutions of the Security Council, impacting on the very legitimacy of the world organization as an agent of collective security, the member states in the United Nations General Assembly should consider to seek an Advisory Opinion from the International Court of Justice according to Article 96(1) of the Charter.

Dr. Hans Köchler
International Progress Organization
Enquiries: info@i-p-o.org, phone +43-1-5332877, fax +43-1-5332962, postal address: A-1010 Vienna, Kohlmarkt 4, Austria

Sunday, March 27, 2011

Rwanda in Six Scenes - by Stephen W. Smith




















Rwanda in Six Scenes -- by Stephen W. Smith from the London Review of Books
[Stephen Smith is the journalist who broke the Bruguière report in the French paper Le Monde. He now teaches in the US. His piece below is valuable because it exposes and seems to repent for Smith's initial bias for the RPF--as light-weight a bent as it might have been. But his personal experiences and interviews with the principals of the Rwandan drama are strictly first cabin all the way. --mc]

Rwanda in Six Scenes

by Stephen W. Smith

(published in the London Review of Books, Vol. 33, No. 6, of 17 March 2011; pages 3-8 | 5765 words)

A number of memories connected with Rwanda play in my mind like scenes from a movie, although I don’t pretend they add up to a film. In 1994 a genocide was committed against the Tutsi minority in Rwanda. All else about this small East African country, ‘the land of a thousand hills’, is open to question and, indeed, bears re-examination. ‘Freedom of opinion is a farce,’ Hannah Arendt wrote in 1966 in ‘Truth and Politics’, ‘unless factual information is guaranteed and the facts themselves are not in dispute.’ The problem with Rwanda is not only that opinions and facts have parted company but that opinion takes precedence.

The first scene: I’m walking beside Paul Kagame, the current president of Rwanda and then a rebel leader, past low picket fences and small prefabricated houses in a residential suburb of Brussels. It’s cold and our breath mingles in the air as we speak. Kagame is swaddled in a thick coat. Even so, he remains a spindly figure with a birdlike face. I can’t warm to him, but I know him well enough by now to hazard the question that has been preying on my mind for a while: ‘Why is it always you, the vice-president, whom I meet when I have dealings with the Rwandan Patriotic Front, and not Alexis Kanyarengwe?’ Kanyarengwe was the movement’s president. ‘Don’t worry,’ he chuckles. ‘You’re seeing the boss. Kanyarengwe is only our front man. You’d be wasting your time.’

This was in 1992. The RPF had been set up in 1987 in Uganda by Tutsi exiles. Kagame’s parents had fled with him to Uganda when he was four. At the time of our meeting in Brussels, Kagame was avoiding the French. A few months earlier, in 1991, he’d just returned to his hotel near the Eiffel Tower from a meeting with officials at the Elysée when the French police called him in for interrogation. They were inquiring into a murky incident that was never entirely elucidated. Police sources claimed that members of Kagame’s delegation were ‘roaming around town with bags full of cash to buy weapons’; Kagame claimed the police were trying to discredit him. Tensions were running high between the rebel movement and France. The French were providing military support – 150 soldiers, later increased to 300, plus significant arms shipments – to the Hutu-dominated Habyarimana regime in Kigali, which the RPF was fighting to overthrow. Rwanda was a former Belgian colony, with eight million subsistence farmers jostling for a livelihood in a territory smaller than Haiti, and with little in the way of mineral wealth. It was a place where France felt obliged to assert itself as a tutelary power in Africa, if only to maintain its credibility as a guarantor of its local ‘friends’ and protégés and to defend ‘la Francophonie’ in Rwanda against the RPF, which operated from English-speaking Uganda. As for Kanyarengwe, the RPF figurehead, events would soon show that Kagame was telling the truth: he, Kagame, was the main man of the insurgency. Kanyarengwe, the nominal leader, was a Hutu defector: as head of the Rwandan secret services, he had helped Habyarimana to power in a coup d’état in 1973, but they later fell out and in 1980 he fled Rwanda. Ten years later – and two months after the RPF’s military campaign was launched from Uganda – Kagame offered Kanyarengwe the helm of the rebel movement to deflect the charge that the RPF was a Tutsi organisation. Kanyarengwe accepted in order to spite Habyarimana.

In the 1990s I was the Africa editor of the French daily newspaper Libération. The combination of the paper’s independence from the notorious Franco-African networks and my US passport represented Kagame’s best chance of an unbiased hearing in France, where government officials routinely referred to his rebel forces as the ‘Khmers noirs’. At the time, French public opinion made short shrift of small-scale military interventions in Africa. In June 1992 I alerted readers to what the Libération headline called ‘The Elysée’s Secret War’ in Rwanda – a deployment which had not been debated in parliament and had received almost no attention. In May 1993, 11 months before the extermination of the Tutsis began, I warned that ‘genocide’ was looming. But I also fell victim to the RPF’s manipulation of the press: I wrote about the supposed activities of the so-called Zero Network – presidential death squads – as well as the akazu, literally the ‘small house’, said to be the command structure responsible for pre-genocidal killings of Tutsis. Habyarimana’s in-laws were said to run the akazu and while I didn’t accuse President Habyarimana himself, I did point an incriminating finger at his wife, Agathe, and her brothers, accusing them of organising massacres of the ‘Tutsis of the interior’, as the oppressed minority inside the country was known. It was their way of retaliating against the Tutsis of the diaspora who had invaded the country from Uganda.


There were indeed massacres of Tutsis before the genocide – but they were organised by other people and at different levels of the state apparatus. Today, with hindsight, I know that the Zero Network didn’t exist and I’ve come to refer to the akazu, which continues to be used as a default category in journalistic and academic writing, as au cas où – French for ‘in case’ – as in ‘in case we find no master plan for the genocide in Rwanda’. I can’t say whether there was or wasn’t a master plan for the extermination of the Tutsis, some Rwandan equivalent of the Wannsee Conference. Historians must lay that question to rest’; the International Criminal Tribunal for Rwanda (ICTR), the special UN court based in Arusha and charged with trying genocidal planners and killers, has found no one guilty of ‘conspiracy to commit genocide’ since it started its proceedings 16 years ago.

The Zero Network was first mentioned in an open letter published in 1992 by another defector from the Habyarimana regime, Christophe Mfizi, who had been the head of the government’s propaganda office in Kigali. As he later explained, he was anxious to avoid a libel suit. So he used ‘Zero’ as a way of fingering Agathe Habyarimana’s brother, Protais Zigiranyirazo, the prefect of Ruhengeri, the presidential family’s home province. Without giving his full name, Mfizi accused ‘Mister Z’ of running a network of hit squads, a charge a Rwandan journalist called Janvier Afrika wrote up in elaborate detail the following year.

Afrika has since recanted his testimony, explaining in similarly abundant detail how it was suggested to him by the RPF. Whether or not this is true, it’s perhaps significant that he recanted only after the RPF had taken power in Kigali, in November 1994, by which time he had fallen foul of the new regime. He fled to Cameroon, where I lost his trail in 1998. The ICTR has never summoned him as a witness. For his part, Mfizi obtained political asylum in France in September 1996, having resigned as the RPF’s first ambassador to Paris. Ten years later he submitted an exhaustive report on the Zero Network – nearly 50,000 words – at the request of the ICTR’s Office of the Prosecution. He repudiated the term akazu, which, he wrote, could not take the measure of ‘the political reality, and even less so the criminal reality … of the period between 1980 and 1994’. However, he reiterated his accusations against Zigiranyirazo, whom he now named, although his evidence did not bring a conviction: in November 2009, ‘Mister Z’ was acquitted on appeal by the ICTR.

*

The second scene etched on my memory is set in a sombre living-room with a low ceiling 40 kilometres south of Paris. It is 1998; I’m sitting on a couch opposite Agathe Habyarimana, now the widow of the former Rwandan president, whose plane was shot down on 6 April 1994, triggering the genocide. Photographs of the slain general cover the walls. Next to Mrs Habyarimana, now in her mid-fifties, sit four of her eight children: Jeanne and Marie-Merci; Léon and Bernard. I’ve been seeing Bernard for some time and he has persuaded his mother to meet me on her return to France after two years in Gabon. There are many grandchildren underfoot; eventually they’re banished from the room.

What do you ask ‘the Lady Macbeth of the Rwandan genocide’, as Philip Gourevitch called her? How do you approach a conversation with someone who’s been portrayed as the latter-day incarnation of a legendary sorceress in Rwandan dynastic history? Or as the ultimate ‘Hutu power’ extremist, who some believed was behind the assassination of her own husband for accepting a power-sharing agreement – the Arusha Peace Agreement signed in August 1993 – with the Tutsi rebel movement? What can you say to someone who’s generally presented by journalists, human rights activists and academics as the engineer of the 1994 extermination campaign? I ask myself a simpler question: would her grown-up children huddle around her if there were grounds for suspicion that she conspired to murder their father?

Agathe Habyarimana recounts what she saw in Rwanda during the genocide, from the moment she and her family heard the explosion of the presidential jet, which was hit by a missile right above their heads at 8.25 p.m., with debris raining into their garden, until her evacuation by the French army three days later. ‘We collected the body parts and gathered them on plastic sheeting or carpets. We were able to identify my husband, Elie’ – she’s referring to one of her half-brothers – ‘and several other members of the delegation. But our efforts were hampered as we were under constant gunfire. I didn’t speak to any civilian or military authority, still less issue orders.’ In addition to her only brother, ‘Mister Z’, Agathe Habyarimana had two half-brothers. Elie Sagatwa was one of them; he was also her husband’s private secretary. If the akazu really was the nerve centre of the genocidal project kick-started by the president’s assassination, would Sagatwa and his sister have hatched a plot that involved Sagatwa’s own death, in order to kill a man they were both intimate with, and could easily have eliminated in some other, simpler way?


A few months and several meetings later, I published an interview with Agathe Habyarimana in Libération. The interview was a scoop, but the prospect of providing a platform for a notorious génocidaire had prompted a ruckus in the newsroom. One of my colleagues had described my piece as ‘revisionism’. I told the editor-in-chief that I was always eager to revise what I or others had got wrong and suggested my colleague should write a profile of Agathe Habyarimana containing all the incriminating facts he could muster, which could be printed alongside my interview. After ten days, the face-off ended with a bad compromise. There wouldn’t be a profile but my interview had to be kept short. So in fewer than a hundred words, headlined ‘I’m not afraid of the truth,’ Mrs Habyarimana said that she was ready to appear before the ICTR at any time, that the akazu was a portmanteau word, a term of convenience, and that her son Jean-Pierre had never been a ‘pal’ of Mitterrand’s son, Jean-Christophe, who was his father’s Africa hand at the Elysée in the 1980s and early 1990s. ‘So much has been invented without ever giving me a fair chance to reply.’ That was the only sentence I felt uncomfortable about publishing.

In the same year, 1998, the French judiciary opened an investigation into the downing of Habyarimana’s plane at the request of relatives of the French crew members who had died in the crash. This marked the beginning of a long legal tug-of-war between Paris and Kagame’s RPF regime in Kigali. Relations between the two reached their nadir in November 2006, when a French judge issued international arrest warrants for nine key members of Kagame’s entourage. Rwanda severed diplomatic ties with France. Much was written about the self-aggrandising investigative magistrate Jean-Louis Bruguière, and about France’s hostility to the RPF regime. The Spanish judiciary, widening an investigation into the murder of some Spanish missionaries, reached even more grievous conclusions. In 2008, a judge in Madrid, Fernando Andreu Merelles, issued international arrest warrants for 40 RPF leaders on counts of ‘acts of genocide, crimes against humanity, war crimes and acts of terrorism’. The Rwandan leaders, first among them Paul Kagame, were held responsible for ‘the attack on the life of President Juvénal Habyarimana … with a view to preparing the final offensive to seize power and to create a situation of civil war’.

The Kagame regime fought back. In August 2008 it accused France of having played an active role in the ‘preparation and execution of the 1994 genocide’, and threatened to issue 33 arrest warrants targeting French politicians, including three former prime ministers – Balladur, Juppé and Villepin – and the army top brass. Since then relations have improved; France and Rwanda restored diplomatic ties towards the end of 2009. In February 2010, President Sarkozy spent four hours in the Rwandan capital to seal the reconciliation. He admitted to France’s ‘errors’ and, more specifically, ‘a form of blindness when we failed to discern the genocidal dimension’ of the Habyarimana regime. Speaking about the génocidaires still at large on French soil, he mentioned the government’s decision to refuse asylum to ‘one of the persons concerned’ – a transparent reference to Agathe Habyarimana, whose request had been definitively rejected by the Conseil d’Etat four months earlier. Only days after Sarkozy’s return to Paris in March, she was briefly taken into custody as a result of an international arrest warrant issued against her by Kagame’s government in October 2009. It was an event staged for the media. She was released the same day on condition that she report regularly to the police. Nine months later, in December 2010, a formal request for extradition had still not been submitted by the Rwandan judiciary.

The rejection of Agathe Habyarimana’s asylum request in France was largely based on akazu-linked charges brought against her brother before the ICTR. The ruling was made a month before the ICTR acquitted Protais Zigiranyirazo. As for Mrs Habyarimana’s surviving half-brother, Séraphin Rwabukumba, both the UN tribunal and the courts in Belgium, where he lives, have abandoned proceedings against him. It’s just possible that the akazu was a women-only conspiracy, or that Agathe Habyarimana acted on her own. But if so, why hasn’t the ICTR indicted her? And why did the RPF regime wait 15 years before issuing an international arrest warrant in 2009? It could be that there are simply no legal grounds for prosecution, or that Rwanda’s tardy arrest warrant was just a way of intensifying the pressure on France. It could also be that no one – least of all the RPF leadership in Kigali – is interested in a trial in which the downing of Habyarimana’s jet in 1994 would inevitably come under scrutiny.

*

A third scene, May 1994: I reach Butare, the biggest town in southern Rwanda, by car from neighbouring Burundi. On the way, I’m stopped at numerous Hutu roadblocks. The barriers are manned mostly by young people with clubs, hammers or machetes. At one, a small boy is holding a nail-studded cudgel with tufts of bloody hair. The smell of putrefying bodies by the roadside is sickening. The starter of my dilapidated car is defective and the militiamen lay down their weapons to give me a push. Being French – or French enough – I’m regarded as a friend. ‘Vive la France!’ They wave their hands, which I’d just shook, as I make for the next roadblock.


In Butare, the Catholic bishopric is a safe haven. The priests allow me in and provide me with a room for the night. From my window, I can see the imposing red brick cathedral built by the Belgians just across the street. I walk over there, knock at the presbytery door, stay for a while and then return to my room. The last surviving Tutsis in Butare hiding out in these two buildings, the cathedral and the bishopric. Whichever of the two they’re in, they believe the one across the street is ‘safer’. A young woman in tears begs me to hide her in the boot of my car and drive her out of the country. ‘I really can’t. We wouldn’t even reach the edge of town.’ ‘You want me to die.’ Throughout the night, I hear noises in the streets – drunken militiamen – and also above my head, when from time to time the Tutsis hiding in the double ceiling drag their numb bodies across the floor in an attempt to stretch or get a breath of fresh air. Twice in the night, furious fists batter at the wooden entrance door and coarse voices vow to return in search of ‘cockroaches’. When they finally go away, the ceiling weeps.

In the morning, over breakfast, I talk to the priests. They’re prepared to die with their ‘guests’ at the hands of the militia; they describe the militia as ‘God’s children who’ve lost their way’. I don’t like to leave without a modest offer of hope. ‘The RPF is advancing rapidly. Soon they’ll reach Butare, and it’ll all be over. Just hold out for a few more days!’ I stare into bitter smiles. ‘That’s no solution,’ someone says. ‘Why not?’ ‘Because they’ll kill us.’ ‘But why on earth would they want to kill you? You’ve stuck together, Hutus and Tutsis!’ ‘Precisely for that reason.’ I drive away dispirited and bewildered. It’ll take me a long time to grasp that, for many of the exiled Tutsis who are now returning, especially the generation raised or born abroad, the genocide is not only what happened over the hundred days between April and July 1994, but an entire history of violence, discrimination and hardship that began with the so-called Social Revolution of the Hutus in 1959. In their eyes, Hutus and Tutsis can’t live together on equal terms because, unless the minority keeps the majority in check, Tutsis will always be humiliated or killed. To pretend otherwise, as the ‘Tutsis of the interior’ did when they stayed in the country after 1959, is to betray the dead among your kith and kin.

*

A change of location: Nairobi, February 1996, two years into the new RPF dispensation in Rwanda. As I speak to Seth Sendashonga, his vivid eyes are glazed with sadness. I have just spent several weeks in Rwanda, and have returned bearing notepads full of crimes. It isn’t as if he doesn’t know what happened: on the contrary, I’d leaned heavily on Sendashonga’s contacts in Rwanda. In 1991, when he joined the RPF, Sendashonga was the only eminent Hutu-turned-rebel who was not a defector from the Habyarimana regime. He undertook to rewrite the rebels’ political platform, to explain to the children of exile what the land of their fathers was like and, more important, to build bridges with opposition parties in Rwanda. ‘Our agenda is not revenge but true democracy,’ he assured them. Under the new regime, Sendashonga became Kagame’s minister of the interior. But he could not accept the RPF’s reprisals for the genocide, including planned massacres and systematic killings. Kagame failed to respond to any of the 700 letters documenting abuses which Sendashonga sent him. Eventually, Sendashonga had to face the fact that he was only another front man. Six months before we met in Nairobi, he resigned and went into exile.

Poring over a table strewn with papers, Sendashonga and I compare two independent lists of people killed in Gitarama province, central Rwanda, during the first 11 months after the RPF took power. We move forward line by line, name by name, address by address, cross-checking dates. One list has been compiled by parish priests throughout the prefecture; the other established at neighbourhood level for 11 of the 17 communes in Gitarama. The two lists largely tally. The first comprises about 25,000 dead, the second 17,000. Assuming RPF reprisals were equally severe everywhere in Rwanda this leads to an extrapolated figure of 150,000 people killed between July 1994 and April 1995 in the entire country. Based on research completed in August 1994 in 41 of the 145 Rwandan communes, Robert Gersony, a UNHCR consultant, estimated that ‘between 25,000 and 40,000 persons’ were killed during the first 100 days of RPF rule. The Gersony report – in fact just briefing notes – was leaked to the press. Under intense pressure from Kigali and its allies, the UNHCR went on the record denying its existence. No Gersony report, no dead.

In February 1996, Libération published my investigation into the killings allegedly committed by the post-genocide regime. I estimated that ‘more than 100,000’ Hutus had been murdered during the RPF’s first year in power. Libération also published an interview with Gérard Prunier, a specialist on the Great Lakes region, and the eyewitness account of a Rwandan nurse who had described to me two sites where he claimed he had been forced to work: one near Kigali where, he said, prisoners were put to death (their skulls were crushed), and another in a game reserve, the Akagera National Park, where scores of Hutus were cremated. There wasn’t much of a reaction to the dossier, though the Rwandan embassy in Paris issued a strongly worded denial. The wire services picked up the story but it disappeared very quickly. It was just a sour note in a concert.


Seven months later, in October 1996, the Rwandan army dispersed the Hutu camps in eastern Zaire, today’s Democratic Republic of the Congo. More than a million Hutus streamed back into Rwanda, while 300,000 fled deeper into Zaire. Of that 300,000 nearly two-thirds died over the next six months, according to a field study by Médecins sans frontières. They were killed or died of disease, exhaustion and hunger as they made their way across the African interior. The UNHCR spoke of ‘crimes against humanity’, but, again, there was hardly any response. Twelve years later, in August 2010, a fresh investigation by the UN put the number killed at ‘probably in the several tens of thousands’:

The extensive use of edged weapons (primarily hammers) and the apparently systematic nature of the massacres of survivors after the camps had been taken suggests that the numerous deaths cannot be attributed to the hazards of war or seen as equating to collateral damage. The majority of the victims were children, women, elderly people and the sick … the apparent systematic and widespread attacks described in this report reveal a number of inculpatory elements that, if proven before a competent court, could be characterised as crimes of genocide.

The new regime in Kigali went after Sendashonga in exile. In 1996, the day before Libération published the dossier on the RPF killings, he was ambushed and sustained two bullet wounds. He identified one of the two attackers as his former ministry bodyguard in Kigali. The other was Francis Mgabo, an official from the Rwandan embassy in Nairobi, who attempted to dispose of his firearm in the toilet of a nearby petrol station. The Kenyan authorities asked Rwanda to lift Mgabo’s diplomatic immunity, so that he could go on trial, but Kigali refused and for a time the two countries broke off diplomatic relations. On 16 May 1998 in Nairobi, during the evening rush hour, gunmen armed with AK-47 assault rifles opened fire on Sendashonga’s car, killing him and his driver. As his wife later revealed, he had been scheduled to testify before the ICTR. He had also set up an armed opposition group (Forces de résistance pour la démocratie), which attracted both Hutus and Tutsis. His wife claimed that the acting Rwandan ambassador in Kenya at the time, Alphonse Mbayire, had organised Sendashonga’s assassination. Mbayire was recalled by his government, only to be shot dead by unidentified gunmen in a bar in Kigali a month later.

*

The fifth scene: Kigali, January 2002. For six years, I’ve been persona non grata in Rwanda. Finally, I managed to persuade the foreign ministers of France and Britain, Hubert Védrine and Jack Straw, to take me on their plane as they make a joint tour of four African countries – the DRC, Rwanda, Burundi, Uganda – and to drop me off in Kigali. Though it means they have to give up a seat for a reporter covering their entente cordiale, they agree. For the Rwandan authorities, it is tricky to deny me a visa as part of a Franco-British delegation. Védrine is the first French minister to visit Kigali after the genocide. The UK accounts for half of Rwanda’s foreign aid. So here I am, an unwelcome visitor, on sufferance and under surveillance after the ministers’ departure. To meet ordinary people means putting them at risk while RPF officials, many of whom I knew when they were still rebels, won’t return my calls. Finally, Charles Murigande, who is in charge of foreign affairs, comes to my hotel. I launch into a lengthy profession of good faith. He replies with a Rwandan proverb: ‘There’s no use drinking milk on a stomach full of hatred. It’ll throw up blood.’ With this, he draws his chair back and leaves.

In a town you know, there’s sure to be someone who wants to see you. Not that Pasteur Bizimungu and I are especially close, but the former head of state badly needs a friend. Before joining the RPF in 1990, he was the director of Electrogaz, a coveted post in Habyarimana’s dispensation. He gave up the position to become the rebels’ spokesman and then a member of their negotiation team in Arusha. Finally, the RPF picked him as the Hutu figurehead for the post-genocide government of national unity. He became president while Kagame effectively ran the country. The pretence came to an end in 2000, when Kagame took the top job for himself. Bizimungu created his own political party, Ubuyanja (‘Renewal’). It was a more ambitious idea than the RPF could allow: he was accused of rekindling ethnic hatred and placed under house arrest. So I am sure to find him at home.

The soldiers at the gate are taken by surprise: a white man, tailed by security agents in a car – probably from the Directorate of Military Intelligence – nervously fingering their cell phones. ‘M. Bizimungu doesn’t want to see anybody!’ But I’d already rung the bell. Pasteur Bizimungu shoots out and welcomes me. ‘Yes, I want to see him, absolutely!’ he tells the soldiers and whisks me inside. He locks the door and leans against it, breathing heavily. A volley of accusations about Kagame follow; I remember the expression ‘the dark side of power’. When it is clear that no one will order me out, Bizimungu leads me into his library. We talk until we are both exhausted. ‘You know, they were right,’ he says finally. ‘The explorers, the missionaries, the colonisers, about the Tutsis being liars. They are liars.’ I am thrown clean off balance. Bizimungu climbs a stepladder to reach down a book from a high shelf. In no time, he finds the passage he’s looking for, about the ‘Tutsi culture of duplicity’, which he reads out, stressing key words. I make my excuses and leave. Bizimungu has been driven mad.

After my visit, he was entirely cut off from the outside world. Two years of solitary confinement at home preceded his sentence, in 2004, to 15 years in jail. In 2007, the former president was pardoned by Kagame, who had by then won his first election with 95 per cent of the vote. No one could have mistaken the poll in 2003 for an exercise in democracy. After the legislative elections of 2008 even the RPF found the machine score – 98.39 per cent – embarrassing and lowered it to 78.76 per cent. The EU electoral observers duly documented this self-restraint, but the head of their mission, Michael Cashman, agreed with the EU delegate in Kigali, David MacRae, not to go public about it – it might have raised uncomfortable questions. For his re-election in August 2010, Kagame approved a slight erosion of his Soviet-style popularity, allowing his vote to drop to 93 per cent. Rwanda’s burgeoning Democratic Green Party had lobbied against the country’s admission to the Commonwealth, citing the regime’s gross human rights violations. Its vice-president was found decapitated but that didn’t stop Rwanda joining the postcolonial club, the 18th African Commonwealth state and – after Mozambique – only the second member that is not a former British possession. In 2008 Kigali had made English – instead of French – the official teaching language at all levels of the Rwandan educational system.

Rwanda, as a recent document has it, is a one-party authoritarian state, controlled by President Kagame through a small clique of Tutsi military officers and civilian cadres of the RPF from behind the scenes. The majority Hutu community remains excluded from a meaningful share of political power. State institutions are as effective as they are repressive. The government relies on severe repression to maintain its hold on power … Rwanda is less free today than it was prior to the genocide. There is less room for political participation than there was in 1994. Civil society is less free and effective. The media is less free. The Rwanda government is more repressive than the one that it overthrew.

This is not the preamble to a new Hutu manifesto but an excerpt from the ‘Rwanda Briefing’ published last year by four senior figures in the Kagame regime who’ve now fled abroad: the former secretary general of the RPF Theogene Rudasingwa; his brother Gerald Gahima, one-time prosecutor general and vice-president of the Rwandan Supreme Court; the erstwhile chief of external security services Colonel Patrick Karegeya; and General Faustin Kayumba Nyamwasa, the ex-chief of staff of the Rwandan army. Nyamwasa survived an attempt on his life last June, when a commando opened fire on him in Johannesburg, where he now lives in exile. The South African authorities laid the blame with the government in Kigali.

The authors of the ‘Rwanda Briefing’ may not be trustworthy advocates of freedom and democracy, or paragons of ethnic inclusiveness, but they describe a system they’re familiar with and a leader they know well. To his many Western admirers they have this to say: ‘President Kagame is a very polarising figure. His policies continue to divide Rwandan society along the lines of ethnicity and to fuel conflict. The likelihood of a recurrence of violent conflict, including even the possibility of genocide, is very high.’

*

A final scene: on 21 September 2006, President Kagame lectures on ‘Post-Conflict Reconstruction and Development in Africa: The Rwandan Experience’ at Princeton. The country he describes – ‘different from the old system which plunged Rwanda into mayhem’, with ‘checks and balances’ in place after a ‘decisive break with exclusivist practices’ – is not one I recognise. Even in a packed auditorium, I have the same unsettled feeling in Kagame’s presence as I’ve had in the past. He seems unchanged: taking questions from the audience, he refers to ‘the genocide in the 1960s, the 1970s and 1980s’, as if ‘the one in 1994’ were merely one in a series – a hair-raising denial of the singularity of events between April and July 1994. But Goethe was right: ‘Everyone hears only what he understands.’ The students ask questions about gender equality in Rwandan politics, the fight against corruption and atrocity – a genocide? – in Darfur. How many of them have been moved by Hotel Rwanda, and how many know that Paul Rusesabagina, the real-life hero played in the film by Don Cheadle, is now a thorn in Kagame’s side? Rusesabagina continues to speak out for the ideals that led him to save more than 1200 lives during the genocide in Kigali. For Kagame, however, he is a ‘fabricated hero’ and a collaborator of the die-hard Hutu génocidaires exiled in Congo.

I am not arguing that we should all know everything there is to know about Rwanda. My point is that we don’t seem to want to know what happened in 1994, or what’s happening now. We’ve learned the wrong lesson from the organised massacre of 800,000 people, which we failed to prevent. Eager to pay off our moral debt, we’re blinded by guilt. The near total lack of media coverage of the ICTR trials and findings suggests that we’re happy to waive our best chance of grasping the inner workings of the genocide. We clamour for international justice but the detailed proceedings of the tribunal don’t interest us. At the same time, the denial of freedom and rights under the previous regime in Rwanda impels us to shower Kagame with leadership awards and aid money even as he denies them again. We are hypnotised by the 1994 genocide, and oblivious to the atrocities of a regime we regard as exemplary. Aid, we say, must be conditional on good governance – but post-genocide government is an exception. La Francophonie is at best ridiculous and at worst a vector of France’s influence, but the Commonwealth is honourable as it embraces a dictator who favours English over French. Democracy is a precondition of peace – but not in a post-genocidal state. Justice, truth and reconciliation heal – but not the wounds of exterminatory hatred. The invasion and plunder of eastern Congo are criminal – but not when they’re carried out by genocide survivors. Hutu power is bad, but Tutsi chauvinism is acceptable. We hold these opinions not because they’re right but because they put us on the right side. This makes Rwanda a more tragic place than it needs to be.

Saturday, March 12, 2011

President Slobodan Milosevic Flipped the Tables on NATO--an Interview with Cathrin Schutz from Junge Welt (trans from the German by John Catalinotto)



















President Slobodan Milosevic, taken 6 March 2006--Long Live a Free Slobo!!


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Milosevic Put His Accusers on Trial--Interview with Cathrin Schütz--Published in Junge Welt, March 11, 2011. Translated from the German by John Catalinotto.
[We were supposed to be in Vienna this weekend, Max and I. But, you know, force majeur, disruptions in the Domestic Tranquility, and all that.


So this post is to let the comrades know that we will always be with them in Revolutionary Spirit. And we want to thank them all for keeping the political and moral lessons we all learned from the trials of Slobodan Milosevic, way back when, alive and fresh for Max's and Seina's, for Beckett's and Francis' and Zoé's, and all subsequent generations to grown on.


Long live the legacy of President Slobodan Milosevic! Long Live a Free and Sovereign Serbia and a heroic Yugoslavia!


(And especial thanks to The Cat Man and the IAC for this translation from the German.)--mc]

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‘Milosevic put his accusers on trial’
Five years ago Yugoslavia's president died in The Hague. The UN ad hoc tribunal there denied him adequate medical treatment. A conversation with Catherine Schütz:
By Rüdiger Göbel, Junge Welt www.jungewelt.de

Cathrin Schütz, who holds a degree in Political Science and is a writer/analyst for Junge Welt, was a member of the defense team for Slobodan Milosevic before the International Criminal Tribunal for Yugoslavia (ICTY) from 2002 on. Among her contributions was "The destruction of Yugoslavia - Slobodan Milosevic replies to his accusers," published by the Zambon-Verlag
RG: On the occasion of the fifth anniversary of the death of Slobodan Milosevic you will be protesting this Friday (March 11, 2011) at the Offices of the United Nations in Vienna. Why not in The Hague where the former Yugoslav and Serbian president died in his Scheveningen prison cell during his trial before the Yugoslavia Tribunal (ICTY)?
CS: The UN has created a monster with the ICTY, and we’re demanding the final removal of this monster from the world. The governments of the United States and Germany set up the ICTY in 1993 as the first ad hoc tribunal through a resolution of the UN Security Council, although the SC has no legal authority to take such a step. A UN body, which judges citizens of member states, is in fundamental contradiction to the UN Charter. At this illegal establishment in The Hague there is no one with whom to discuss this.
RG: What interests were the U.S. and Germany pursuing with the establishment of the ICTY?
CS: Because Yugoslavia stood in the way of their drive to expand into Eastern Europe, they instigated its destruction; both states share responsibility for the outbreak and escalation of secessionist civil wars. With full awareness of the results of their plans, they had already, in 1993, by diplomatic and covert operations, covered their hands with Balkan blood, and then invented a "court" that could be used as a weapon to pressure the warring parties. And it was supposed to judge the crimes committed in former Yugoslavia - in true NATO-style: bring the recalcitrant Serbs to their knees and acquit the NATO countries of their responsibility. With this in mind, protected by the ICTY, NATO conducted an aggressive war against Yugoslavia in 1999 without a UN mandate. Because of its financial resources and political connections, NATO spokesman Jamie Shea described the Atlantic alliance as a "friend of the ICTY" and thus proactively explained why there would be no charges brought against NATO for its war crimes -- crimes that have been certified by Amnesty International (among others).
RG: But there do exist international standards for fair trials.
CS: In order to carry out the political mission, the ICTY had to disregard the standards that normally apply. The Serbian opposition leader Vojislav Seselj has been held in custody for eight years. This is a clear breach of the European Convention on Human Rights. Under the rule of law, a defendant has the right to know of what he is accused. The ICTY has made basic changes in the details of the indictments several times, even after the trials had begun. It changed its own rules umpteen times and constantly violated them. Milosevic was refused his guaranteed right to defend himself. Radovan Karadzic is threatened with the same. The principle of giving equal treatment to prosecution and defense was violated every day. The prosecutor held weekly press conferences in the ICTY, and Richard Dicker of Human Rights Watch, a renowned producer of anti-Serb propaganda, rushed regularly to the foyer to attack Milosevic to the media. Meanwhile our colleague was ejected from the building when he distributed a handout to a journalist. The huge budget of the ICTY stood behind the accusers. The Milosevic-defense had to rely on donations alone. When the German government criminalized the fundraising campaign, froze our funds and also blocked my account, the ICTY refused us any support. This greatly limited our work.
RG: You describe the ICTY as anti-Serb. But there were also Croats and Bosnian Muslims convicted...
CS: Although this was a three-sided civil war, about 80 percent of all defendants have been Serbs, including many top politicians and senior military. Not so with the Croats and Bosnian Muslims. The Croatian General Ante Gotovina was indeed found responsible for notorious "ethnic cleansing of Krajina," which displaced hundreds of thousands of Serbs, but none of his superior officers was. The same applies to the Bosnian Muslim Naser Oric. Although he boasted during the war to the Western press with the severed heads of Serbs as trophies, the ICTY says that no one can prove he is responsible for attacks by his soldiers on the Serbs around Srebrenica. The U.S. journalists, who were the first to see his human war trophies, were never called to testify by the ICTY. The pseudo trials against non-Serbs are meant to demonstrate to the outside world the impartiality of the ICTY.
RG: Former ICTY chief prosecutor Carla del Ponte will now render a judgment in the case of organ trafficking by the Albanian Kosovar mafia. Serbs from Kosovo were deported to Albania and were systematically eviscerated.
CS: Del Ponte demonstrated in her autobiography the information needed to expose the organ trade, which led to the investigation and the report of the Special Rapporteur of the Council of Europe, Dick Marty. But I wonder if she in her current involvement wants to cover up a bigger scandal. Marty has notably discovered that under Del Ponte, in 2003, the ICTY destroyed evidence of organ harvesting by the criminal gangs in Kosovo!
RG: The majority of the local media [in Berlin] then described Slobodan Milosevic as they describe Muammar al Gadhafi today. Take your pick: Either he was a megalomaniac, evil, genocidal, yes, even a new Hitler. You were part of his defense team. What was he like?
CS: Lord David Owen, former EU Special Envoy for the Balkans, described Milosevic as a "Yugoslav” who was anything but an ideologue for a Greater Serbia or promoter of "ethnic cleansing." I agree with Owen. Milosevic often took Croats and Bosnian Muslims under his protection, and he stressed how they were used by the West and misled. He also mentioned in his defense the support of the Bosnian Muslim forces by foreign mujahideen. However, he was opposed to any overestimation of the "Islamic terror." He stressed instead that the U.S. was responsible for the importation of Islamic fighters. It was no coincidence that the non-Serbs facing charges also respected him.
I was impressed by the reports of the defense witnesses, with whom I had close contact. They were Western politicians, diplomats, military officers, journalists who, in one way or another, witnessed the war. And all of their statements they confirmed that the allegations against Milosevic were as false as everything else that has been reported about Yugoslavia.
RG: How did Milosevic experience his imprisonment and trial?
CS: He probably never believed that the presumption of innocence would apply to him or that he would experience a legitimate trial. But he held his head high and put his accusers on trial. He made no compromises, no deals that would bring him privileges. He was free inside, as he himself observed. He could not help but see the ICTY as a repressive political instrument that was used to punish political leaders like himself who refused to surrender unconditionally to Imperialism. More and more harassment was used in order to weaken his defense. Finally the Tribunal in early 2006 refused to allow him treatment at a heart clinic in Moscow, which assured that he would not survive the Tribunal without it.
RG: During the wars in the former Yugoslavia, most of the media were uncritically anti-Serb. How did you find the journalists at the trial?
CS: The press was never interested in the content of the trial. When it became clear that the prosecutors couldn’t prove their allegations, and, on the other hand, Milosevic could expose the arming of the Croatian and the Bosnian Muslim sides, and later the Kosovo-Albanian side, by Germany and the United States, the trial was hushed up. They did not allow the image of Serbia as the aggressor to falter. The German media did not even report it when a German witness was clearly shaken at the Kosovo portion of the trial. Ex-army officer Dietmar Hartwig was head of European observers in Kosovo and on the spot until the beginning of the NATO bombing. He experienced terror, not from Serbs, but from the Kosovo Liberation Army (KLA). And Bo Adam of the Berliner Zeitung newspaper was told by local Albanians, that the "innocent Kosovars" at Racak* were really combat deaths.
Usually no journalists were there, with the exception of Germinal Civikov, whose reports provide valuable evidence.

*In January 1999, casualties from a battle between KLA commandos and Serb police and army in Racak, Kosovo, were disguised as civilians, and Western politicians and media used the incident to promote anti-Serb propaganda leading to the war.--Translator

Published in Junge Welt, March 11, 2011. Translated from the German by John Catalinotto.