Posts tagged ‘International Criminal Court’

10/17/2011

Uganda: Obama Fights the Lord’s Army

Uganda, a landlocked country in East Africa, that borders the Congo-Kinshasa (west), Southern Sudan (north), Kenya (east), and Rwanda and Tanzania (south), has just witnessed the arrival of special U.S. military forces sent by President Obama to execute Arrest Warrants, issued by the International Criminal Court, against the leaders of the Lord’s Resistance Army, which has been fighting for decades near the Ugandan-South Sudan border.

Historically, Obama’s men are not the first Westerners to enter Uganda, as England sent explorers in 1862, Christian missionaries in 1875, and soldiers in 1894 to establish a British Protectorate. Afterward, more Englishmen arrived, as a 1,081-mile railroad was built through Kenya to the port at Mombasa on the Indian Ocean.

Following independence in 1962, Uganda’s first president (1962-66) maintained relations with Britain and did business with them.

45 years of trouble started in 1966 when Milton Obote (1966-71), overthrew the government, abolished tribal kingdoms, and nationalized businesses. Relations with the outside were severed completely, as Uganda slipped into darkness, when a coup led by the infamous Idi Amin Dada (1971-79), seized control, dissolved parliament, outlawed political parties, and murdered troops loyal to Obote. Amin expelled British businessmen, and 70,000 Asians, who controlled most professions and industries. 300,000 disappeared during his reign of terror, which continued, until the Uganda-Tanzania War (1978-79) forced him into exile.

Outsiders stayed away when Obote returned in 1980, because he reinstated tribal favors, and triggered a civil war (1981-86), which sacrificed another 100,000. Political unrest continued, as a coup headed by Yoweri Museveni ousted Obote in 1985, and imposed one-party rule, fearing many parties would reignite tribal tension.

Although electoral stability returned in 1995, when a multi-party system was implemented, enabling Museveni to win elections in 1996, 2001, and 2006, the country became involved in external conflicts. As the Tutsi Tribe fled from neighboring Rwanda, they were permitted to set up bases in Uganda, from which they later launched the Rwandan Civil War (1990-93), prompting the UN to station observers along the Uganda-Rwanda border.

Uganda then intervened in the 1st Congo War (1996-98) and 2nd Congo War (1998-03) on the side of the Tutsi Tribe, because the Congolese leader was supporting the Rwandan Hutu Tribe. In the Democratic Rep of Congo v Uganda (2000), the International Court of Justice found Uganda violated the ban against unilateral force and the laws of war, when they entered the Congo, killed and tortured civilians, and looted and destroyed property.

Museveni’s Ugandan government remains engaged in a fight with the Lord’s Resistance Army (LRA), a brutal Christian group, based in Northern Uganda and Southern Sudan, whose leader, Joe Kony, has evaded an Arrest Warrant, issued in 2005 by the International Criminal Court, and has rejected a peace plan, because his opponents are not willing to dismiss the warrant.

Now, President Obama has intervened in Uganda with 100 Special Forces troops to assist in a kill or capture mission against Kony, an action authorized by the LRA Disarmament Act passed by Congress in 2009. If Obama succeeds in defeating the Lord’s Army, perhaps Uganda will finally move away from their 45-year history of tribal war, anti-Western feelings, civil war, military dictatorship, border area conflicts, adverse court rulings, and other problems, and may finally become a stable political democracy of the sort envisioned when independence was granted in 1962.

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05/30/2011

Bosnia War Crime Trials Must Proceed

The Bosnian War (1992-95), a conflict that has never been easy to explain, is finally moving towards closure, with the arrest in Serbia of Bosnian-Serb military leader Ratko Mladic.

When the former Yugoslavia dissolved into six countries, namely: Slovenia, Macedonia, Croatia, Bosnia, Montenegro, and Serbia, some provinces did so in peace, but Bosnia had troubles, because their religions and ethnicities were a Balkanized mix of Bosnian-Muslim, Catholic-Croat, and Orthodox-Serb.

When the Bosnian-Muslims and Bosnian-Croats united to form a Federation, the Bosnian-Serbs set up their own Republika Srpska (RS). This triggered a Civil War (1992-95), during which the Bosnian-Serbs, forcefully removed Bosnian-Croats and Muslims from their homes, in what became known as an ethnic cleansing.

The UN failed to act militarily, because the issue was seen by China and Russia as an internal Yugoslavian affair. The Security Council did however set up the International Criminal Tribunal for the former Yugoslavia to prosecute war crimes (1993).

After the Bosnian-Serbs attacked Sarajevo (1994), and under the lead of Ratko Mladic, slaughtered 8,000 defenseless Muslim men and boys in Srebrenica (1995), President Bill Clinton and other NATO country leaders finally used air power to stop the Serbs.

The Dayton Peace Accords (1995) recognized both the Bosnian Muslim-Croat Federation, and the Bosnian-Serb Republic (RS). The Federation now occupies 51% of Bosnia, while the RS Republic controls the other 49%, each with their own laws.

Since the war ended 16 years ago, the remaining task has been to bring justice to the victims, or their families, by prosecuting and convicting those who committed war crimes. Those commanders who ordered or allowed torture or murder, are individually responsible for breaching the rights of prisoners and civilians, under the Hague and Geneva Conventions.

Although it took 16 years to capture Mladic, there is no Statute of Limitations as to murder. After his extradition to the Netherlands, the judge must give him a few months to prepare for trial, but after that, the court must proceed promptly, as justice delayed is justice denied, and thus far, there has been no justice as to Mladic.

03/25/2011

Term-Limit Treaty Is A Global Need

Recently, the world witnessed several uprisings in North Africa and the Mideast. The common denominator in many of them was a leader who had been in power for decades. Ben Ali was driven from Tunisia after 24 years. Hosni Mubarak governed Egypt for 30 years. Rebels in Yemen are fighting Ali Saleh, who has served for 32 years, and Col. Qaddafi in Libya, is trying to hold on after 42years.

While long-term service does necessarily make a leader ineffective, history has had its fill of tyrants. For 45 years in North Korea, Kim prohibited dissent. Gen. Suharto of Indonesia brutally suppressed opponents for 31 years. Joseph Stalin killed millions in the USSR, during his 30 years. Robert Mugabe of Zimbabwe, who started out on the right track, lost his way after 31 years.

The U.S. should introduce a Term-Limit Treaty in the UN, which could be co-sponsored by Tunisia and Egypt. People should no longer be subjected to the rule of men who refuse to leave office. The treaty should establish a fundamental right to live in a political system that limits a leader to no more than 10 years in office. The International Criminal Court in the Netherlands should make it a crime to remain more than 10 years, or to suspend a constitution that limits terms. Obtaining office through a coup or military junta, and not through normal electoral means, should also become criminal.

Currently a majority of countries have some term-limits. Some limit their leaders to one term of 4, 5, 6 or 7 years. Others allow two 4-year terms, like the U.S. The most common however is a limit of two 5-year terms. Those that currently have no limit would need to adopt one. Those whose limits in excess of 10 years would need to amend their constitutions to conform to the new international standard. While absolute monarchs and some constitutional monarchies like Britain would most likely resist, this is no reason not to get started with the majority of countries who would probably sign on.