International criminal justice grinds slowly, but it can grind exceedingly small. Former Liberian president and warlord Charles Taylor was first indicted in 2003 for crimes against humanity, in a UN court over which I presided. Then, he strutted the world stage as a head of state. Ghana refused our request to arrest him when he visited and Nigeria gave him refuge for several years. There was a general expectation that he would escape trial, but the whirligig of time brings its changes and revenges: on Wednesday Taylor was sentenced to 50 years imprisonment, for aiding and abetting 11 kinds of war crimes and crimes against humanity — ranging from terrorism, rape and murder of civilians, to recruiting child soldiers and child sex slaves.
The power to punish heads of state for crimes against humanity is a recent discovery: Oliver Cromwell’s lawyers managed it with King Charles I, but their judges were in due course executed for treason. Napoleon we exiled instead to St Helena, and not even F.E. Smith and Lloyd George could persuade their allies at Versailles to try the Kaiser for invading Belgium.
LEGAL PRECEDENT
Nuremberg created a precedent, but it was not until Augusto Pinochet came to London in 1998 to take tea with Mrs Thatcher that the idea of ending the impunity of political and military leaders seemed possible. In those days it was bitterly controversial: the pope, Henry Kissinger, George H.W. Bush, and even Fidel Castro wrote to then-UK home affairs minister Jack Straw demanding that he be freed. However, today there are no such efforts on behalf of Taylor: International justice is here to stay.
That does not mean it should be welcomed uncritically, or that its principal defect should be overlooked — namely it does not in practice apply to the “big five” powers in the UN Security Council, or to their close friends (hence Syrian President Bashar al-Assad has thus far escaped indictment because Russia supports him). However, justice has its own momentum and this will selectivity will change. The importance of the Taylor decision, for example, is that it creates a precedent for prosecuting those who “aid and abet” by sending assistance to brutal factions in a civil war. Former US president Ronald Reagan’s conduct in arming the Nicaraguan Contras, if it occurred again, would be seen as comparable to the conduct for which Taylor was convicted.
Taylor supplied arms, ammunition and money to the rebels (and even the herbs that child soldiers were told to rub on their bodies to protect them from bullets) in return for a share of their spoils. What fixed him with criminal liability was that he provided this assistance at the time he knew, from reading newspapers, that the rebels were committing widespread and systematic atrocities. On this basis, any political or military leader who sends arms or ammunition to the brutal forces in Syria is guilty of aiding and abetting what is clearly a crime against humanity.
IMPROVEMENTS
The Taylor proceedings are far from over: both prosecution and defense are appealing. The prosecution in fact suffered some serious defeats: It failed to prove beyond reasonable doubt that Taylor was “godfather” (in league with deposed Libyan leader Muammar Qaddafi) of the mass-murdering and mass-mutilating rebel factions, or even that he had joined in their blood-curdling conspiracy. However, according to the court, he knew and he approved and he assisted. Yet it remains open to question whether this is enough to convict him of aiding crimes which require “specific intent,” such as rape or terrorism, so his appeal may on these counts be upheld.
An example of how international justice still needs improvement is provided by the three-year duration of Taylor’s trial (seven months were taken up by his own testimony) and the unacceptable 13-month delay in delivering the judgment. Particularly jarring is the 50-year sentence, which consigns Taylor to prison until his 114th birthday. The US prosecutor, ludicrously, had demanded 80 years. It is a peculiarity of US criminal justice to sentence people to terms that expire long after they will: it is a custom both irrational and cruel which should have no place in international justice.
The UK has offered to house Taylor in its prisons, but not for a sentence of such unconscionable length. The appeal court is likely to reduce it. Taylor was, after all, acquitted of much more serious offenses; and for all the horror produced by his money and his munitions, punishment must always be kept in perspective. The real problem for international justice is the diplomats and politicians — in the UN Security Council — who refuse to send those who ordered the bayoneting of Syrian children in their homes to the International Criminal Court.
Geoffrey Robertson QC is author of Crimes Against Humanity.
Saudi Arabian largesse is flooding Egypt’s cultural scene, but the reception is mixed. Some welcome new “cooperation” between two regional powerhouses, while others fear a hostile takeover by Riyadh. In Cairo, historically the cultural capital of the Arab world, Egyptian Minister of Culture Nevine al-Kilany recently hosted Saudi Arabian General Entertainment Authority chairman Turki al-Sheikh. The deep-pocketed al-Sheikh has emerged as a Medici-like patron for Egypt’s cultural elite, courted by Cairo’s top talent to produce a slew of forthcoming films. A new three-way agreement between al-Sheikh, Kilany and United Media Services — a multi-media conglomerate linked to state intelligence that owns much of
The US and other countries should take concrete steps to confront the threats from Beijing to avoid war, US Representative Mario Diaz-Balart said in an interview with Voice of America on March 13. The US should use “every diplomatic economic tool at our disposal to treat China as what it is... to avoid war,” Diaz-Balart said. Giving an example of what the US could do, he said that it has to be more aggressive in its military sales to Taiwan. Actions by cross-party US lawmakers in the past few years such as meeting with Taiwanese officials in Washington and Taipei, and
The Republic of China (ROC) on Taiwan has no official diplomatic allies in the EU. With the exception of the Vatican, it has no official allies in Europe at all. This does not prevent the ROC — Taiwan — from having close relations with EU member states and other European countries. The exact nature of the relationship does bear revisiting, if only to clarify what is a very complicated and sensitive idea, the details of which leave considerable room for misunderstanding, misrepresentation and disagreement. Only this week, President Tsai Ing-wen (蔡英文) received members of the European Parliament’s Delegation for Relations
Denmark’s “one China” policy more and more resembles Beijing’s “one China” principle. At least, this is how things appear. In recent interactions with the Danish state, such as applying for residency permits, a Taiwanese’s nationality would be listed as “China.” That designation occurs for a Taiwanese student coming to Denmark or a Danish citizen arriving in Denmark with, for example, their Taiwanese partner. Details of this were published on Sunday in an article in the Danish daily Berlingske written by Alexander Sjoberg and Tobias Reinwald. The pretext for this new practice is that Denmark does not recognize Taiwan as a state under