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From: "Michael Albert" <[EMAIL PROTECTED]>
Here then is today's ZNet Commentary...
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THE PINOCHET DECISION
BY SAUL LANDAU
This week, a British magistrate will decide whether to extradite Augusto
Pinochet to Spain or release him. England has detained the former Chilean
dictator for eleven plus months. In that time, his case has brought to
world attention the principals of international human rights law.
The Chilean government argues that Spain has no right to try the former
tyrant, 1973-1990. But the facts - established by an official Chilean
government commission in 1995 - show that under his watch, more than 2,200
people were executed, an additional thousand disappeared and hundreds of
thousands tortured. Facts be damned, argues Chile's Foreign Minister,
Chilean sovereignty includes the exclusive right to try its citizens.
Thus far, British and Spanish courts have dismissed such arguments. Crimes
against humanity, terrorism and genocide - like piracy -- belong to
international law. When Pinochet stepped down as President in 1990,
Chilean courts dared not charge him or other high officials with misdeeds
carried out under his rule. Indeed, he forced an amnesty decree down the
civilian government's throat. Ironically, since Spanish judges charged
Pinochet, several Chilean judges, emboldened by his detention in England,
have agreed to hear cases against other high military officials charged
with murder.
Pinochet's arrest has also frightened other human right violators. Thanks
to the Pinochet case, human rights violators no longer travel abroad with
security. Indeed, rumors abound that Henry Kissinger makes discrete
inquiries before he travels abroad, to assure himself that he wont get
"Pinocheted" -- the term arose from the British government's detention of
the former criminal en jefe.
US officials have remained ambivalent about this process. They would like
to see Serbian officials tried as war criminals because it coincides with
Clinton policy in that area. Yet, they're concerned that the Pinochet case
principals could apply to former US officials, like Kissinger. It was he,
along with Richard Nixon, who ordered the destabilization of Chile and the
illegal bombing of Cambodia - terrorism and crimes against humanity. Think
if the concerned powers had warned General Wiranta and company that they
would face an international arrest order and have all assets frozen unless
they stopped their cleansing of east Timor. Law might well have had
greater leverage, than threatening to withhold IMF funds or freeze
military aid. Instead, the intervening powers waited until the Indonesian
military thugs had done their damage; they still have not called for
Wiranta's arrest for presiding over East Timor's destruction.
The Pinochet case affords human rights adherents a new and very legal
weapon. If the British magistrate orders Pinochet extradited to Spain to
face trial, the 83 year old ex tyrant will appeal. But no matter, a
precedent has already been set. Kissinger et. al. will not grow old
without worrying about paying for their crimes. thanks to the Pinochet
case. Human rights violators no longer travel with the same sense of
security they once had. Indeed, rumors have it that Henry Kissinger now
makes discrete inquiries before he embarks on a voyage abroad, to assure
himself that he will not get "Pinocheted," the new word that has developed
as a result of the legal action undertaken by Tony Blair's government.
US officials have remained supremely ambivalent about the process. On the
one hand, they would like to see Serbian war criminals tried because it
coincides with Clinton policy in that area. On the other hand, they're
concerned that the obvious implication the Pinochet case holds for former
US officials, like Kissinger. It was he, along with Richard Nixon, who
ordered the destabilization of Chile and the illegal bombing of Cambodia.
Saul Landau is the Hugh O. LaBounty Chair of Interdisciplinary Applied
Knowledge at California State Polytechnic University, Pomona, 3801 W.
Temple Ave. Pomona, CA 91768 tel - 909-869-3115 fax - 909-869-4751
A<>E<>R
~~~~~~~~~~~~~~~
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new landscapes but in having new eyes. -Marcel Proust
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A merely fallen enemy may rise again, but the reconciled
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Universal Declaration of Human Rights
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