60 years after the UN Convention - Dag Hammarskjöld Foundation
60 years after the UN Convention - Dag Hammarskjöld Foundation
60 years after the UN Convention - Dag Hammarskjöld Foundation
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284 development dialogue december 2008 – revisiting <strong>the</strong> heart of darkness<br />
Does <strong>the</strong> North have a monopoly on <strong>the</strong> <strong>the</strong>ory and practice of what<br />
is fair and impartial? The point here is not to quibble about legal<br />
procedures but to establish an important point of principle, which is<br />
that our own countries in <strong>the</strong> South, our own national courts, in this<br />
case Rwandan, must take responsibility for investigating and prosecuting<br />
persons accused of <strong>the</strong> heinous crimes that are committed in<br />
<strong>the</strong>ir own territory. Of course, <strong>the</strong>re will be problems and limitations<br />
– but <strong>the</strong>re should be no compromise on <strong>the</strong> principle; nor should<br />
<strong>the</strong> principle of respecting <strong>the</strong> rights of <strong>the</strong> victims be compromised.<br />
In Uganda you have <strong>the</strong> ICC demanding <strong>the</strong> extradition of leaders<br />
of <strong>the</strong> Lord’s Resistance Army (LRA) for prosecution, but religious<br />
leaders from Uganda and o<strong>the</strong>rs feel that if mechanisms on <strong>the</strong> national<br />
and local level for justice are <strong>the</strong>re, and willing to address issues<br />
of impunity, <strong>the</strong>re is no clear role for an ICC. It gets in <strong>the</strong> way<br />
of peace negotiations.<br />
We know <strong>the</strong>re are problems in <strong>the</strong> whole system of criminal prosecution<br />
(what country does not have <strong>the</strong>m?), yet we are also witnessing<br />
how those shortcomings are actually utilised by <strong>the</strong> United States for<br />
purposes of so-called extraordinary renditions – that is, transferring<br />
prisoners to compliant neo-colonial countries so that torture and o<strong>the</strong>r<br />
inhuman, degrading and cruel treatment can be applied. So if it is for<br />
purposes of <strong>the</strong> war on terror, extradition is fi ne; and <strong>the</strong> less developed<br />
our national justice systems, <strong>the</strong> better <strong>the</strong>y are for purposes of <strong>the</strong> war<br />
on terror. One could say that we deal with ‘<strong>the</strong>ir’ criminalised and <strong>the</strong>y<br />
deal with our criminals. Some justice. Is it a case of <strong>the</strong>re being particular<br />
yardsticks for ‘justice’ – as for ‘good governance’ or ‘corruption’<br />
– that apply only to Africa and <strong>the</strong> South? Should we award prizes, like<br />
<strong>the</strong> Mo Ibrahim Prize, for ‘good justice’ in Africa?<br />
No apologies accepted<br />
It is fashionable now in some quarters to apologise. The suggestion<br />
seems to be that somehow, if <strong>the</strong> intentions were ‘good’, <strong>the</strong>n what<br />
resulted was a historical injustice, not a historical crime, not a crime<br />
against humanity, not genocide. The criminals thus get off Scot free,<br />
both in <strong>the</strong> historical record and in terms of prosecution, because everything<br />
was done in <strong>the</strong> name of progress, civility and civilisation.<br />
It was <strong>the</strong> white man’s burden, his civilising mission, his manifest<br />
destiny. And it is in this way that <strong>the</strong> greatest crime ever committed<br />
against a people goes not simply unpunished but often unrecognised.<br />
I am talking about <strong>the</strong> crime of colonial expansion and colonialism.<br />
The crimes are against those on <strong>the</strong> receiving end of <strong>the</strong> ‘civilising’<br />
expansion of capitalism, beginning with <strong>the</strong> so-called ‘age of discov-