Nowhere to run

The recent sentencing of former Rwandan colonel and Defense Ministry official Theoneste Bagosora to life in prison for the slaughter of hundreds of thousands of Tutsis in 1994 is an indication that leaders, particularly those who have been involved in the most serious crimes like genocide and crimes against humanity, have nowhere to run.

While the conviction was made by the International Criminal Tribunal for Rwanda, this development certainly boosts the stature of the International Criminal Court as a “court of last resort” whose overriding goal is to make even the most powerful individuals – from presidents to prime ministers and the like – become accountable for the crimes they have committed, especially those that concern the international community. The ICC has been at the receiving end of criticisms from those who find the pace of its trials rather slow.

But in fairness to the ICC, it had been making a lot of progress recently with the indictment of Sudanese president Omar al-Bashir for the genocide in Darfur (where hundreds of thousands were raped and killed by Sudanese militia), and has under its custody and awaiting trial such people as Thomas Lubanga who is accused of forcing child-soldiers to murder UN peacekeepers and civilians in Congo.

As pointed out by a prosecutor for the Rwanda tribunal, the “concept of accountability – of no one being above the law – has developed seriously” and that the concept of international justice is something that is beginning to be taken seriously. As a matter of fact, In Quebec, Canada, the landmark trial of Desire Munyaneza, another Rwandan accused of genocide and crimes against humanity is being closely watched. Under Canada’s Crimes against Humanity and War Crimes Act, even non-Canadian citizens who happen to be living in Canada can be tried for crimes committed abroad. Munyaneza is the first person to be tried under this seven-year-old Canadian law.

This should serve notice to leaders and other high-ranking officials involved in genocide and other serious crimes against humanity that they will eventually be made accountable for their wrongdoing. In his closing remarks during the International Conference on the ICC held a few months ago at the Renaissance Hotel in Makati, Chief Justice Reynato Puno acknowledged that indeed, there have been “instances when incumbent military and political leaders themselves passed amnesty or immunity laws in anticipation of change in government and for no other purpose except to prevent their future prosecution.”

But Chief Justice Puno also correctly pointed out that the coming of the International Criminal Court “starts the dawn of another day for international human rights… the beginning when (ICC member) States will take a more humanitarian view of their sovereignty; that the sovereignty of a State is a sword to promote the welfare of its people and not a shield to cover the wrongdoings of its officials…”

While the ICC only focuses on genocide, torture, terrorism and other crimes against humanity, I believe there is now a paradigm shift with a lot of governments beginning to initiate steps that would prevent the coddling of criminals for other crimes like corruption and money-laundering activities that can have serious repercussions on international banking and financial institutions.

Even the United States – a country which unsigned the Rome Statute which paved the way for the creation of the ICC – has made it very clear in several instances that they will not give refuge to those who have been convicted or are facing conviction for transnational crimes especially those suspected of financing terrorism such as narco-trafficking and other illegal activities. It can also be recalled that in response to 9-11, the US passed the Patriot Act which amended the Bank Secrecy Act, giving them more teeth against money-laundering activities.

Even China, perceived to be lax when it comes to corruption, is seriously instituting measures to solve the problem, with the Chinese Communist Party’s top anti-corruption official saying their country is at a “critical moment in the fight against corruption,” and is calling for improvements in systems and policies. As a matter of fact, thousands of Chinese officials have been convicted to show that the Chinese government is serious in cracking down on corruption. The same goes for Russia with President Dmitry Medvedev promising to combat their country’s number one enemy and main “internal threat” – corruption – during his inauguration in May.

While the crime of corruption may not have overt and glaring consequences such as genocide, aggression, torture, terrorism and other crimes against humanity, it has a more insidious and far-reaching effect because it can permeate every aspect of government – from the cops to clerks to top officials – and every level of society.

But history also tells us that no crime goes unpunished, and that even the powerful will eventually be held accountable – if not by the courts of law, then by the people themselves as shown by the experience of former Romanian president Nicolae Ceausescu who was deposed in a revolution and publicly executed ironically on Christmas Day in 1989. Nobody will be surprised if the same will someday happen to Zimbabwe president Robert Mugabe, arrogantly declaring that “Zimbabwe is mine” and ignoring calls to step down despite the fact that his regime is fast losing popularity. Zimbabwe is facing its worst crisis ever with millions suffering from hunger and disease.

The strong pressure against Mugabe, the conviction of Bagosora, the indictment of al-Bashir, the arrest of former Serbian leader Radovan Karadzic and other developments are clear signs that the time is fast coming when no country will allow itself to be a safe haven for leaders involved in crimes, who will know soon enough that they have nowhere to run or hide.

* * *

Email: [email protected]