Joe…If anything, I will be the first to agree with you that emotions should not crawl into this argument.
Rather than ask for precedents establishing the arrest(s) of sitting African heads of state, let is deal with the question of whether Heads of states in office enjoy immunity from jurisdiction for International Crimes.
Let me humbly state that International criminal law clearly states that functional immunity cannot be granted to state officials that have committed crimes under international customary law. In other words, national courts must never accord functional immunity to a Head of State (nor to any other official) for CRIMINA JURIS GENTIUM. Further, under international law, there is no immunity for crimes against humanity. Certainly, you will agree with me that Charles Taylor has committed crimes against humanity both in Liberia and Sierra Leone, and for him to continue to masquerade as a head of state, with the tacit approval of some states, is disturbing; it prolongs the instability of the entire sub region.
Since you have doggedly asked for precedents, let me treat you to some: the first is the case of Noreaga of Panama. He was a sitting Head of State when the United States whisked him away to jail in the US.
There is also the Pinochet case. Pinochet was arrested in Britain because, according to Spain, he had committed genocide, terrorism and torture of Spaniards in Chile and Chileans during his 17 year rule.
Finally, the best known landmark case so far is the 1948 Nuremberg trial of Nazi German officials for crimes and genocide. If any thing, my friend, the Nuremberg Trials established that there are some things that are so wrong that they are wrong everywhere, and can be punished by any court. The Charles Taylor issue is no exception.
Ben
----------------------------------------------------------------------------
To unsubscribe/subscribe or view archives of postings, visit:
http://maelstrom.stjohns.edu/archives/aam.html
AAM Website: http://www.danenet.wicip.org/aam
----------------------------------------------------------------------------
|
