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08 June 2012 By Reason Wafawarova On March 7 2003, Charles Taylor was indicted by the
Special Court of Sierra Leone and on December 4 the
same year, Interpol issued a "Red Warrant" (of arrest)
for the former Liberian leader. Taylor launched an appeal against the indictment
and it was swiftly dismissed by the Appeals Chamber on
May 31 2004. Nigerian authorities, who have
increasingly become notorious for treacherous politics
in Africa, apprehended Taylor on March 29 2006. Nigeria was instrumental in the arbitrary
suspension of Zimbabwe from the Commonwealth
immediately after the country had forcefully reclaimed
its colonially stolen farmlands from white occupiers
in 2000. It was again Nigeria, South Africa and Gabon
that insidiously and obliviously backed the murder of
Muammar Gaddafi and the bombardment of his Libya
through Resolution 1973 at the UN Security Council in
2011. On April 3 2006, Taylor pleaded not guilty to all
the 11 charges pressed against him before the Special
Court and Western countries started campaigning for a
trial away from Africa. As a result of this campaign,
the UN Security Council passed Resolution 1688 which
cleared the way for Taylor to be tried at The Hague,
arguing that the Liberian ex-leader's presence in West
Africa was "an impediment to stability and a threat to
peace." Just four days after this resolution, Charles
Taylor was swiftly transferred to The Hague, in a move
quite similar in swiftness to how Libya was attacked
by French warplanes, just a few hours after UN
Security Council Resolution 1973 had been passed. On January 7 2008, the prosecution witnesses began
testifying against Charles Taylor, and this process
only ended on January 30 2009. All in all, 91 witnesses testified, and these
included 29 insider witnesses, 58 crime base witnesses
and four expert witnesses. The defence unsuccessfully applied for the closure
of the case on the basis that witnesses were not
credible, and on April 26 this year a landmark
conviction of Taylor was announced to the world, with
some people hailing it as a success, while others are
convinced it was travesty of justice. Charles Taylor has personally charged that most of
these witnesses were "paid, coerced and, in many
cases, threatened with prosecution if they did not
co-operate." The Special Court is simply not
interested in entertaining this possibility, as it
currently seems. Canadian writer Stephen Gowans recently quoted the
US State Department hailing the conviction of Taylor
as "sending a strong message to all perpetrators of
atrocities, including those in the highest positions
of power, that they will be held accountable." Of course, this does not include atrocities
perpetrated by Western armies on the lesser peoples of
this world, like the reckless indiscriminate killing
of tens and tens of thousands of innocent Libyan
civilians in 2011, or the continuing drone bombing of
Afghan and Pakistan people by Obama's murderous
forces. These are democratisation ventures and not war
crimes. The charges against Taylor included terrorism,
murder, rape, sexual slavery, outrages upon personal
dignity, cruel treatment, inhuman acts, recruiting
child soldiers, enslavement and pillage. Being convicted on the basis of these egregious
charges makes Taylor the personification of ultimate
evil, up until one is told that, in fact, Charles
Taylor did not commit any of the crimes for which he
was charged and convicted, an indisputable truth
coming straight from the Special Court's own
acknowledgement. This is what the Special Court had to say about
Charles Taylor's conviction: "The prosecution had not
alleged that Mr Taylor had committed these crimes in
person." The statement went on to say that Taylor had only
"aided and abetted the rebels by providing them with
arms and ammunition, military personnel, operational
support and moral support." According to the Special Court, it is the rebels
who committed the crimes and Charles Taylor is
"individually responsible" for the criminal acts just
on behalf of the perpetrators. Taylor did not deny
involvement in the Sierra Leone decade-long conflict —
arguing that his logic for intervention was that
"without peace in Sierra Leone there would be no peace
in Liberia." This is not different from the logic of pre-emptive
war, as executed by President George W. Bush on the
people of Afghanistan in 2001. But, of course, we must
always remember that there is something called
American exceptionalism, and that the law that
prosecutes little Taylor cannot be big enough to
prosecute mighty George W. Bush. As rightly pointed out by Stephen Gowans in his
recent article titled "Charles Taylor Conviction:
Don't Cross Us," Taylor was convicted for exactly what
Barack Obama, Nicolas Sarkozy and David Cameron did in
Libya in 2011: arming and supporting an
atrocity-committing ragtag rebel army. The countless war crimes and atrocities of the
Libyan rebels are well documented, with Amnesty
International detailing charges that the rebels
"abducted, arbitrarily detained, tortured, and
killed," so many civilian Libyans to see their way
through the Western-backed rebellion. This is not to mention Nato's relentless
bombardment of the city of Sirte right to ground level
rubble, literally leaving no stone unturned and, of
course, the indiscriminate shelling of the same city
and other pro-Gaddafi cities like Bali Wadi — all
clear acts of war crimes. The war criminals in Libya must not fear the fate
of Charles Taylor because the law that convicted the
Liberian ex-leader is not exactly the law for those
who commit war crimes, but the law of those who rule —
the law of the victors. In fact, international law has
just become the law of the powerful — bluntly put, the
law of Western powers. It started way back with the Nuremberg trials after
the Second World War. Atrocities committed by members
of the Allied Forces only became crime once they were
traced to the responsibility of the Nazis. The International Criminal Tribunal for the former
Yugoslavia was also all about charging Slobodan
Milosevic and his people, even where the other side
had carried out similar acts of crime. In Libya today the rule of law is just the law for
those who rule, the so-called National Transitional
Council, otherwise it would be indisputable to charge,
try and convict the Libyan rebels of "multiple counts
of murder, acts of terrorism, outrages upon personal
dignity, cruel treatment and inhumane acts," — all
charges easily preferred against poor Charles Taylor,
and for Libya against pro-Gaddafi officials and
soldiers. No doubt Taylor was no saint. If this special court
really wanted Taylor's personal involvement in war
crimes, they should have just investigated his
ascendancy to power at the expense of Samuel Doe. He and Prince Johnson did pretty horrible stuff
quite fitting to all the charges Taylor was
vicariously held responsible for by the Special Court
for Sierra Leon, but that cannot be investigated
because then Taylor and Johnson were both carrying out
US-sponsored war crimes in the service of
imperialistic interests. According to the landmark logic of the Special
Court for Sierra Leone, Obama, Sarkozy and Cameron
must all be "individually responsible" for the
atrocities that happened in Libya last year,
regardless of the fact that none of them was on the
battle field carrying out any such crimes. Nato
leaders and their foot soldiers can be excused
together with the murderous ragtag Libyan rebels. What is indisputably clear is that the three "aided
and abetted" the rebels, "furnished them with arms and
ammunition, gave them military personnel, provided
operational support (especially aerial fire power),
and provided them moral support." Guilty as charged if
we follow the logic of the Taylor trial. It is just like it will not happen that George W.
Bush will be dragged to some special court one day,
and like it will not happen to those ruthlessly
murdering Bahraini protestors and to those Libyan war
criminals, certainly not to the heartless Israeli
thugs that habitually kill Palestinians for fun. As rightly outlined by Stephen Gowans, " . . . the
function of international courts controlled by Western
nations is not to deter atrocities, for atrocities
committed in the service of Western imperialism are
never prosecuted, but to deter military action against
Western interests." When Zimbabwe intervened in the DRC conflict in
1998, the outrage from Western quarters and their
Zimbabwean puppets was more against the side on which
Zimbabwe was fighting and far less about the economic
impact of the war on Zimbabwe, inasmuch as the later
logic was peddled widely for propaganda purposes. If Zimbabwe had joined Uganda and Rwanda to fight
alongside the Western-backed Congolese rebels, it is
quite clear that President Mugabe was going to be
hailed as a legendary fighter for democracy, and would
even be immensely funded for his troubles, with awards
and accolades following galore. The human rights abuses alleged to have been
carried out in Zimbabwe between 2000 and 2008 are more
of pretexts to find prosecution grounds for hated
enemies of imperialism than they are a pursuit for
justice — regardless of whether there are elements of
truth in the allegations or not. This is what some white South African judge is
laying foundation for through a local court ruling
declaring South Africa's extra-territorial
jurisdiction over Zimbabwean suspects accused of
playing a part in the said abuses. Charles Taylor bitterly complained at the Special
Court that George W. Bush was not being dragged to any
special court despite his bragging about authorising
torture and Afghanistan Nato crimes. Perhaps Charles Taylor needs to be reminded that in
its 10 years of existence, the International Criminal
Court (ICC) has indicted 28 people from seven
countries. Every single one of these people is
African, despite that the lawless Iraq war was after
July 2002, with the atrocity-laced Afghanistan war
stretching well after this date, the murderous South
Lebanon bombardment by Israel coming in 2006, followed
by the indiscriminate bombing of Palestinians in 2007,
the deadly Libya bombardment by Nato in 2007, not to
mention the Colombia war and other conflicts like
Obama's drone attacks in Pakistan. There are documented atrocities for each of the
above listed conflicts, yet there is no single
indictment on a single person outside the African
continent. International law has become the law against the
weak, the law of the rulers of this world. Taylor has
not been convicted of war crimes at all. He has been
convicted of backing the wrong side of atrocities. If Taylor was backing Western interests in the
Sierra Leonean conflict, he would today be wielding
the Nobel Peace Prize in place of the conviction he is
vainly trying to fight. Africa, we are one and together we will overcome.
It is homeland or death! Reason Wafawarova is a political writer based in
Sydney, Australia. |