készíti: Gellért Ádám
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“The only necessary for "evil" to triumph is for a few good men to do nothing”

2012. április 30., hétfő

Mit üzen a Charles Taylor ítélet?

A Hágában ülésező Sierra Leonei Különleges Bíróság mind a 11 vádpontban bűnösnek találta Charlesa Taylor volt libériai államfőt (korábban itt írtam). Egyelőre csak az ítélet 44 oldalas összefoglalója olvasható. A büntetéskiszabásra május elején fog sor kerülni.

Schabas professzor egy érdekes blog bejegyzésben reflektál az ítéletre. Néhány részlet:

“What emerges from the judgment of 26 April 2012 is a more modest vision of Taylor’s involvement in the Sierra Leone conflict. He was assisting combatant factions in full knowledge that they were perpetrating atrocities”.

“The conclusion of the Trial Chamber in Charles Taylor seems based on uncontroversial principles. He or she who provides significant assistance to a participant in a conflict knowing that the participant is perpetrating atrocities against civilians is guilty of aiding and abetting such crimes. This is straightforward. And it leads in an interesting direction.

Atrocities were perpetrated on all sides in the Sierra Leone conflict. This emerges from the case law of the Special Court, as well as from the Report of the Truth and Reconciliation Commission. It was notorious at the time, in 1998 and 1999. So what are we to make of those who supported the other side in the conflict? For example, the Blair government and the United Kingdom provided assistance and support to the pro-government forces. The pro-government forces had their own sinister militias, involved in rapes, recruitment of child soldiers, amputations, cannibalism and other atrocities. Two of those involved were convicted by the Court and a third, who was a minister in the government supported by the UK, died before the trial completed. What is the difference between Blair and Taylor in this respect?

Moving beyond Sierra Leone, can we not blame the French government for aiding and abetting genocide, given its support for the racist Rwandan regime in 1993 and 1994? The crimes of the regime were well-publicised, not only by an NGO commission of inquiry but also by Special Rapporteurs of the United Nations. And yet the French continued to provide assistance, in personnel, arms and ammunition, to the Habyarimana regime.

What about those who supported the various sides in the war in Bosnia? Or in Sri Lanka? Are American officials who backed Saddam Hussein when he perpetrated atrocities in Iran during the 1980s also guilty of aiding and abetting in war crimes and crimes against humanity? What of those western states that continued to bolster the apartheid regime in South Africa during the 1970s and 1980s, when they were fully aware of the racist system that has been characterised as a crime against humanity.

It takes little imagination to appreciate the ramifications of the conviction of Charles Taylor for aiding and abetting”.

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