Saturday 27 August 2011

Justice and Gadhafi's demise


Gadhafi was one of the worst dictators the world has ever seen there is absolutely no doubt about that. But there also absolutely no doubt that today the lives of Libyans are much less secure, much less comfortable much more expendable than they were under Gadhafi. Evaluations that I have seen in news media are estimating that it will take at least 10 years to restore the civil infrastructure just to the level it is today. What is irreplaceable forever is the lives of loved ones that have been lost. Brothers, sisters, mothers and father have been wrenched away from their loved ones. Holes in the heart cannot be patched up like holes in concrete.

What leaves a numb ache in the hearts of those who care, is that this could have been avoided. A negotiated transition was possible and was only prevented by NATO sponsorship of the violence. Much of the carnage and mayhem, in Libya today could have been avoided through a negotiated transition rather than a fought transition. Gadhafi had already agreed to a transition, but apparently those backing the rebels did no want a transition that would leave Libya standing.

Much more worrying is the unspoken insinuation that third world lives are cheap and expendable, and much less valuable than first world lives. To me this is a form of discrimination equal to, if not worse, than racism.

Last but not least the world needs to take stock and evaluate what started as a mission to 'protect civilians' ended up being an openly one sided participation in a civil war. The kind od insincerity, lying, cheating and dishonourable behaviour exhibited by NATO clearly has an effect of the ability of the world to intervene in other parts of the world.

Clearly the international community is now hobbled on Syria. Nobody can trust that whatever action is authorised will not be twisted and abused by some Western powers. It is a sad day when not authorising anything is seen as being better than authorising limited action because you cannot trust the implementers to twist the authorisation for their own ends. It is a sad day when the policemen are worse than the robbers. It is a sad day when 'humanitarian intervention' result in more carnage and abuse than the original situation.

The problem is made worse by international institutions that have sacrificed their independence. The UN secretary general has reduced himself to a mere foreign minister of some of the G7 countries. Around the world the UN is increasing being seen as a vassal and appendage of only some of the world powers.

I don't know if the ICC is even worth mentioning. That organisation has been so biased that there is little hope of its actions being seen as justice delivery at all. It has reduced itself a mere witch-hunter and kangaroo court. The world does need a true centre of justice delivery but the ICC is simply not up to the task. Right now the situation in Libya needs a proper and professional investigation into possible crimes by all sides including NATO commanders who can legitimately be accused of indiscriminate bombing in some instances. But the ICC has reduced itself to a tool for merely harassing Gadhafi, not justice delivery in Libya.

The ICC is to Western powers what some Zimbabwean judges are to Robert Mugabe. In fact it is insulting to Zimbabwean judges to make such a comparison. They are much more professional under much more difficult circumstances.

Clearly Gadhafi is the bigger abuser in Libya. But, in a proper justice system, you do not let the petty thieves go because you have caught the murderer. The ICC should not let rebel and NATO commanders go scot-free because Gadhafi is there. Justice is not just about catching the big criminal only, it is more about a thorough and credible process being undertaken to deliver justice at all levels.

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