Panama and ICC

Author: Imran Jan

Let me tell you three stories today — the first story is about the removal of Nawaz Sharif from the office of the Prime Minister, as a result of the Panama Papers revelations. The Supreme Court of Pakistan conducted a massive investigation, which found Nawaz guilty — he is gone. It had all started when some fearless investigative journalists brought to light what became known as the Panama Papers revelations.

The second story is from the past — in 2003, US President George W Bush and British Prime Minister Tony Blair ordered the invasion of Iraq on the pretext of self-defense against weapons of mass destruction that Saddam Hussain allegedly possessed. However, it was widely believed and later confirmed that there were no WMDs in Iraq and the real motive behind the attack was to get control of Iraq’s oil.

Last month marked the 19th birthday of the Rome Statute, which established the International Criminal Court (ICC). It established four core international crimes: genocide, crimes against humanity, war crimes, and crimes of aggression. The United States has not ratified the treaty and is not a participant in the Court either. Many war crimes were committed by UK and US in Iraq; the Nisour Square massacre in Baghdad is one such example. The Blackwater contractors responsible have been gifted with a retrial in the US, which may result in their acquittal.

The US even subjected its own soldiers to heavy risk, not just from the battlefield casualties and deaths in Iraq, but from inhaling the chemical weapons that were used there. Over 600 US soldiers were exposed to sarin or a sulfur mustard agent in Iraq, which were leftover chemical agents from the Iraq-Iran war in1980s. The US had helped Iraq build these weapons and CIA knew about their existence. However, it chose to stay non-committal, endangering American and Iraqi lives by creating politicised intelligence to support the view that Saddam did possess the WMDs.

Our collective and selective blindness allows only one form of noise to dominate: the one focused on the pirates who are the smaller criminals. The bigger criminals — the emperors — revel in impunity

Now, crimes of aggression are the supreme international crime because it includes everything that followed. For example, the Shia-Sunni extreme division inside Iraq is a direct outcome of the invasion. The bombing of the Al-Askari mosque in Samarra possibly by Al Qaeda is a vivid example of the violence created because of the invasion. The worst outcome of the invasion was the creation of Al Qaeda in Iraq led by Abu Musab Al-Zarqawi, which later became what we now call ISIS.

The norms established in the Nuremberg Trials led to the creation of treaties and international laws governing international crimes. The ICC brings to trial those who commit international crimes.

Let us look at our third and final story — during the World War II, Operation Weserubung was put into action and German forces invaded Norway, attacking it by sea and air. The Germans were afraid that England was planning to invade Norway to use it against Germany. Germany moved first and invaded Norway pre-emptively to avoid the threat and claimed self-defense in the invasion of Norway. In the end, the Allied forces defeated the Nazis and the rest is history. At the Nuremberg Trials, Alfred Rosenberg, among others, was found guilty as a principal planner in the invasion of Norway on four counts: crimes against peace, crimes against humanity, war crimes, and crimes of aggression — and was ultimately sentenced to death.

Now, let us ponder a little; Alfred Rosenberg was punished for the invasion of Norway, which was done for self-defense based on a clear and imminent threat from the United Kingdom. Bush and Blair invaded Iraq based on no threat since no WMDs were found. The duo had claimed the war was for self-defense, just like Rosenberg had. The job of the ICC is to uphold the principles established at the Nuremberg. However, these leaders have not been brought to trial, let alone be punished for their actions in Iraq, which have become textbook illustrations of aggression, war crimes, and crimes against humanity. Panama Papers revelations caused many influential people including leaders of countries to step down. Unlike those revelations, no investigative journalism was moved to expose the crimes of Bush and Blair. They are not a secret, yet it is almost unthinkable to even bring them to trial.

Our collective and selective blindness allows only one form of noise to dominate: the one focused on the pirates, which are the smaller criminals. The bigger criminals — the emperors revel in impunity.

I am no fan of Nawaz Sharif. I am very delighted to see him go despite what they say about completing the tenure. However, the biggest criminals of this world affect our lives more than the Prime Ministers of Pakistan and Iceland. Financial corruption is evil and disastrous, but, genocide and stealing oil from other nations are much bigger crimes.

The writer is currently a PhD candidate at the University of Houston, and he teaches political science at the Lone Star College in Houston

Published in Daily Times, September 8th 2017.

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