Julie Flint in the Guardian/There's no accounting for it
There's no accounting for it
Julie Flint
November 24, 2006 08:58 PM
http://commentisfree.guardian.co.uk/julie_flint/2006/11/post_700.html
On Tuesday last week, Pierre Gemayel, Lebanon's Maronite Christian Minister of Industry, died after an unidentified assailant pumped dozens of bullets into his body through the window of his car. On Wednesday, Prime Minister Fouad Siniora asked the United Nations for help in investigating the assassination. On Thursday, UN investigators began assisting the Lebanese inquiry into Gemayel's murder.
Now cast your minds back a few months.
Between 12 July and 14 August, more than 1,100 Lebanese civilians died - a third of them children - after the Israeli Air Force launched more than 7,000 air attacks on as many targets in Lebanon. The Israeli Navy unleashed another 2,500 bombardments. Amnesty International said Lebanon's infrastructure suffered destruction on a "catastrophic" scale. The US rights group Human Rights Watch accused Israel of launching "indiscriminate" attacks against civilians, in response to the kidnapping by Hizbullah of two Israeli soldiers, and of a "systematic failure" to distinguish between civilian and military targets.
More than three months later, there is no investigation into Israel's war. Nor is there any real pressure for one, from any side. It is hard to escape the conclusion that there will be no justice for the Lebanese killed in the summer war - 1,183 of them, at last count - just as there was no justice for the victims of Israel's 1982 invasion of Lebanon and the subsequent massacre in Beirut's Palestinian refugee camps, Sabra and Chatila.
And yet there was - and still could be, perhaps - a chance of justice this time round. The International Criminal Court is an independent court, set up in 2002 to try those accused of the gravest crimes - genocide, crimes against humanity and war crimes - when national courts are unwilling or unable to do so. Lebanon did not ratify the Statute of Rome that set up the ICC. But under Article 12.3 of the Statute it can ask the Court to consider whether war crimes have been committed in Lebanon, and then to investigate and prosecute them. All it would take is a fax to The Hague, signed by someone with the authority to represent the State.
Lebanese lawyers who know better say they cannot move until they have a water-tight case, until every "i" is dotted and every "t" crossed. This is nonsense: if the ICC accepts the case, it is the ICC that will investigate. That is the Court's job, not Lebanon's.
Why this reluctance to seek justice for what many consider to have been war crimes committed by Israel? Siniora is concerned that Lebanon might lose US support if he goes after its ally Israel. (Can he have forgotten how Washington "supported" Lebanon by providing Israel with cluster bombs and delaying a ceasefire at the UN in the summer?) Hizbullah is concerned that it, too, could be charged with war crimes. Among ordinary Lebanese, the mood is one of uninformed resignation. "Why bother?" they ask. "When was Israel ever punished, for anything?" They answer themselves: "Never."
Sooner or later, however, there has to be a first time - and the ICC could be the vehicle for it. The international reaction to Israel's July offensive was unlike any previous reaction. Under attack was not the Lebanon of the "rag-tag militias" of the 1980s and 1990s, but the Lebanon of old cliché - of beach clubs, night clubs and sexy women; a reconstructed, post-war Lebanon whose people had stopped slaughtering each other and were dancing the night away again. Day after day, week after week, the photographs of dead children - poor children in poor clothes - won sympathy for Lebanon where previously there had been little. It was the perfect moment to take the initiative. It was missed.
Lebanon today is a dangerously, and increasingly, polarised place. Pierre Gemayel's assassination has been turned into a show of political strength by the country's anti-Syrian factions, who have won the battle for a UN tribunal to investigate the assassination of former Prime Minister Rafiq Hariri and who accuse Damascus of murdering Gemayel too - without, it has to be said, a shred of evidence. Precedent, certainly, but not evidence.
Luis Moreno-Ocampo, the chief prosecutor of the ICC, announced on Thursday that the Court is close to launching prosecutions against some of those suspected of committing war crimes in Darfur. Sudan refused to allow the ICC to investigate in Sudan, just as Israel would, in all probability, if Lebanon referred the July/August war and the ICC agreed to open a criminal investigation into it. But the ICC has got what it needs despite Khartoum's lack of cooperation. There will be indictments of Sudanese officials and, hopefully, prosecutions. There could be of Israelis, too. It would be difficult, but not impossible.
Many Lebanese have lost their lives at the hands of the governments of Syria and Israel and have suffered torture in their jails. Both states should be called to account. The life of a poor Shia child is no less precious than that of a wealthy Christian politician. A demonstrator at the funeral of Gemayel carried a banner saying: "See you in court." He was addressing himself to Damascus. He should have added: "All of you, whoever you are."
Julie Flint
November 24, 2006 08:58 PM
http://commentisfree.guardian.co.uk/julie_flint/2006/11/post_700.html
On Tuesday last week, Pierre Gemayel, Lebanon's Maronite Christian Minister of Industry, died after an unidentified assailant pumped dozens of bullets into his body through the window of his car. On Wednesday, Prime Minister Fouad Siniora asked the United Nations for help in investigating the assassination. On Thursday, UN investigators began assisting the Lebanese inquiry into Gemayel's murder.
Now cast your minds back a few months.
Between 12 July and 14 August, more than 1,100 Lebanese civilians died - a third of them children - after the Israeli Air Force launched more than 7,000 air attacks on as many targets in Lebanon. The Israeli Navy unleashed another 2,500 bombardments. Amnesty International said Lebanon's infrastructure suffered destruction on a "catastrophic" scale. The US rights group Human Rights Watch accused Israel of launching "indiscriminate" attacks against civilians, in response to the kidnapping by Hizbullah of two Israeli soldiers, and of a "systematic failure" to distinguish between civilian and military targets.
More than three months later, there is no investigation into Israel's war. Nor is there any real pressure for one, from any side. It is hard to escape the conclusion that there will be no justice for the Lebanese killed in the summer war - 1,183 of them, at last count - just as there was no justice for the victims of Israel's 1982 invasion of Lebanon and the subsequent massacre in Beirut's Palestinian refugee camps, Sabra and Chatila.
And yet there was - and still could be, perhaps - a chance of justice this time round. The International Criminal Court is an independent court, set up in 2002 to try those accused of the gravest crimes - genocide, crimes against humanity and war crimes - when national courts are unwilling or unable to do so. Lebanon did not ratify the Statute of Rome that set up the ICC. But under Article 12.3 of the Statute it can ask the Court to consider whether war crimes have been committed in Lebanon, and then to investigate and prosecute them. All it would take is a fax to The Hague, signed by someone with the authority to represent the State.
Lebanese lawyers who know better say they cannot move until they have a water-tight case, until every "i" is dotted and every "t" crossed. This is nonsense: if the ICC accepts the case, it is the ICC that will investigate. That is the Court's job, not Lebanon's.
Why this reluctance to seek justice for what many consider to have been war crimes committed by Israel? Siniora is concerned that Lebanon might lose US support if he goes after its ally Israel. (Can he have forgotten how Washington "supported" Lebanon by providing Israel with cluster bombs and delaying a ceasefire at the UN in the summer?) Hizbullah is concerned that it, too, could be charged with war crimes. Among ordinary Lebanese, the mood is one of uninformed resignation. "Why bother?" they ask. "When was Israel ever punished, for anything?" They answer themselves: "Never."
Sooner or later, however, there has to be a first time - and the ICC could be the vehicle for it. The international reaction to Israel's July offensive was unlike any previous reaction. Under attack was not the Lebanon of the "rag-tag militias" of the 1980s and 1990s, but the Lebanon of old cliché - of beach clubs, night clubs and sexy women; a reconstructed, post-war Lebanon whose people had stopped slaughtering each other and were dancing the night away again. Day after day, week after week, the photographs of dead children - poor children in poor clothes - won sympathy for Lebanon where previously there had been little. It was the perfect moment to take the initiative. It was missed.
Lebanon today is a dangerously, and increasingly, polarised place. Pierre Gemayel's assassination has been turned into a show of political strength by the country's anti-Syrian factions, who have won the battle for a UN tribunal to investigate the assassination of former Prime Minister Rafiq Hariri and who accuse Damascus of murdering Gemayel too - without, it has to be said, a shred of evidence. Precedent, certainly, but not evidence.
Luis Moreno-Ocampo, the chief prosecutor of the ICC, announced on Thursday that the Court is close to launching prosecutions against some of those suspected of committing war crimes in Darfur. Sudan refused to allow the ICC to investigate in Sudan, just as Israel would, in all probability, if Lebanon referred the July/August war and the ICC agreed to open a criminal investigation into it. But the ICC has got what it needs despite Khartoum's lack of cooperation. There will be indictments of Sudanese officials and, hopefully, prosecutions. There could be of Israelis, too. It would be difficult, but not impossible.
Many Lebanese have lost their lives at the hands of the governments of Syria and Israel and have suffered torture in their jails. Both states should be called to account. The life of a poor Shia child is no less precious than that of a wealthy Christian politician. A demonstrator at the funeral of Gemayel carried a banner saying: "See you in court." He was addressing himself to Damascus. He should have added: "All of you, whoever you are."

