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The North West Territory

Brian Hermon

A Bad Week For Impunity

By Brian Hermon - 9 months ago

It has been said that it is harder to get away with killing 1 man then it is to get away with killing 100,000 men. This was no more true than in the 20th Century when millions died at the hands of fanatics who were never brought to justice. However, in the past week, courts in Canada and Germany have taken steps to reverse this trend and bring war criminals to justice.

In Canada, the two-year trial of Desire Munyaneza, a former Rwandan shop owner, ended last week, with Mr. Munyaneza being convicted of genocide, war crimes, and crimes against humanity. Mr. Munyaneza, who came to Canada over a decade ago seeking refugee status, is the first person ever to be charged under Canada’s War Crimes and Crimes Against Humanity Act.

In Germany, the trial 89-year-old John Demjanjuk, an alleged former Nazi camp guard, is set to get underway. Mr. Demjanjuk, who spent the latter part of his life as a car worker in Cleveland, is facing charges that he helped murder at least 29,000 Jews at the Sobibor death camp in Poland in 1943.

There are a number of schools of thought on the efficacy and importance of holding trials such as these. Proponents of holding war crimes trials argue that they are important tools of deterrence and catharsis: they end the cycle of violence and provide comfort to the families of victims. Opponents, unsurprisingly, argue just the opposite. Instead they suggest that trials do nothing to deter future war criminals, and that they open up new wounds at a time when a country needs to forgive and forget.

While settling the debate is difficult without extensive qualitative or quantitative research, Rwanda and Germany have sided with the school of thought that supports war crimes trials. In Rwanda, dozens of “genocidaires” have been convicted at the UN special tribunal, and thousands have been convicted at the local gacaca courts. Likewise, Germany has investigated tens of thousands of people for war crimes, and, according to The Economist, 6,500 people have been convicted for Nazi crimes in western Germany alone.

The Rwandan and German approach contrasts sharply with the approach taken by Cambodia. In what is perhaps the best example of impunity, Pol Pot, the leader of the Khmer Rouge, died without having to face trial for the nearly 2 million Cambodians who died during his rule. Where Rwanda and Germany have acknowledged their pasts, Cambodia continues to deny its own.

In the context of the 20th Century, the trials of two former war criminals may not amount to much. This was after all a century so violent that a new word- genocide- had to be invented to describe the pinnacle of all crimes. However, by taking a stand against the crimes of the past, Germany and Canada (with the support of the Rwandan government) have committed themselves to upholding international law. This was a good week for justice and a bad week for impunity.

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3 Comments

 
Michael Middleton Michael Middleton - 9 months ago

I wonder if there is anything to be read into when the trial takes place.  In the case of WWII these crimes took place over half a century ago and in Rwanda, it has been fifteen years since the genocide.  One of the problems with capturing and trying war criminals is that in many cases, particularly in the developing world, even though fighting has stopped neither group has completely disarmed and the conflict is still very much at the surface.  Holding a public trial could potentially inflame the situation and re-ignite violence.  What do you think?


 
Michael Busch Michael Busch - 9 months ago

In addition to Michael's question concering timing, I would be eager to read more about your thoughts on the gacaca trials.  These ad hoc courts have come under considerable fire from opponents for a whole range of reasons.  Are they, in fact, mechanisms for dispensing justice in your opinion, or convenient methods of relieving overcrowded prisons as critics claim?  Or are they both?   


 
Brian Hermon Brian Hermon - 9 months ago

I think that timing plays a large role in the effectiveness of war crimes tribunals.  Holding trials too soon without the necessary democratic and judicial safeguards could be considered victors justice (Ethiopia is a good example).  But likewise, waiting too long before holding trials could cause the people, and especially the victims of war crimes, to become disenchanted with the peace process and lead them to take up arms.  And as I wrote, I think such trials often provide the necessary cathartic process that allows a country to move on.  Cambodia is only beginning this process: thirty years since the Khmer Rouge were overthrown.  Many commentators have described Cambodia as an entire country of post-traumatic stress victims.  

In terms of gacaca, I think these courts are a combination- ie. a convenient method of dispensing justice.  I don't think anyone thinks that the gacaca courts are ideal, but that doesn't make them bad.  They are a necessary product of an atypical genocide.  The most shocking aspect of the genocide may have been how many seemingly normal Rwandan citizens (not trained fighters but everyday people) participated in the slaughter.  Some numbers suggest that over 1 million people participated in some way in the Rwandan genocide.  That's more than enough people to tie up a court system for decades.  So Rwanda had to find another way.  It's certainly not ideal, but in my opinion it may have been the only way.


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