Does anyone remember the special session of the United Nations held in
Rome three or four months ago? Its purpose was to draft a treaty that
would create an international war-crimes tribunal, a permanent Nuremberg
court. Among those in Rome who insisted the loudest on the need to create
such a tribunal were the inconsistent voices of those who use the Pinochet
affair to renew their credentials as progressives.
Their inconsistent voices in Rome convinced me that such a human-rights
court would not help put an end to the impunity enjoyed by dictators and
other enemies of humanity. That's because the idea lacks an element
essential to any efficient judicial system: the agent of the law, the
incorruptible and impartial officer who captures the accused and imprisons
the convict. And that's precisely the element that the members of the
United Nations don't want their tribunal to have. Should this surprise
anyone? They know that the post of chief of gendarmes would go to the
United States.
Nuremberg accomplished its objectives because the victors in a war
tried the defeated. One can also terminate the impunity of war criminals
and dictators by defeating them on the battlefield. Or by neutralizing the
forces that protect them. In this way an effort could be made to capture
the suspects indicted by this hypothetical international court.
But a tribunal that tries, judges, and sentences while lacking the
means to punish the convict is not going to disturb the sleep of the
unjust. Nor is it going to dissuade dictators and potential mass
murderers.
That is why the debate about the so-called globalization of the penal
law and its application to the violators of human rights reinforces my
conviction that, except in unusual circumstances such as those in 1945
Germany or 1989 Romania, the victims of dictators and mass murderers
cannot wait for the justice of a United Nations or a Baltasar Garzon.
Regrettably, we also cannot imitate the admirable example set by the
Israelis. Israel has used intelligence agents to capture war criminals in
their lairs, and then try and sentence them in Israel. It did so with
Eichmann in Buenos Aires, undeterred by what the world might say about
Argentina's sovereignty.
The Israeli option is not within the reach of most victims of dictators
and mass murderers. But we still have the Tehlirian option, named after
the young Armenian who assassinated Talaat Pasha, the Turk behind the
genocide of 1.5 million Armenians. Soghomon Tehlirian executed the mass
murderer on a Berlin street. In 1921 a German court absolved the patriot,
whose family had been wiped out in the massacres organized by the
Turks.
At present it is almost impossible for the victims to bring to justice
Talaat Pasha's counterparts -- that collection of Cubans, Chileans,
Rwandans, Cambodians, Iraqis, and riffraff from other ``jurisdictions''
who are savoring their impunity. Unless a Tehlirian can deliver the
punishment those criminals deserve.
. . . Until justice traps tyrants
Copyright © 1998 The Miami
Herald