Tuesday
Jun242008
Crimes against humanity not prosecuted in the U.S.
The Senate Judiciary Subcommittee on Human Rights and Law discussed violence in Sudan and the United States’ inability to prosecute those who have committed crimes against humanity when the are in the United States. Dianne Orentlicher, a lawyer from the Open Society Justice Initiative urged the committee to promote legislation that would show strong opposition to crimes against humanity.
Orentlicher said the United States should prosecute those responsible for committing human rights violations, in particular those who currently reside in the United States. According to Orentlicher, those guilty of crimes against humanity can be prosecuted in American courts for torture or visa fraud but crimes against humanity are not currently violations of federal law. She said many Americans are unaware that these crimes are not currently punishable under U.S. law. Sen. Russ Feingold (D-Wisc.) noted that Salvadoran military leaders responsible for killings in El Salvador, including the deaths of four American women, currently live in Miami.
Daoud Hari, a Darfuri refugee who currently lives in Maryland, described his experience as a villager and translator to the committee. In his testimony, Hari asked Congress to pressure the Department of State to allow more Darfuri refugees to gain asylum in the United States. Currently, the United States has granted four other Darfuri refugees residence. Hari also asked the United States to fund the UN World Food Programme’s efforts in the region.
Olympic gold medalist and co-founder of Team Darfur Joey Cheek discussed his organizations call for an Olympic Truce, an effort that would promote peace during the Olympic Games through international reconciliation and dialogue. Cheek said that youth are offended by the actions of the Sudanese government and disturbed that mass killings continue to occur knowingly.
Orentlicher said the United States should prosecute those responsible for committing human rights violations, in particular those who currently reside in the United States. According to Orentlicher, those guilty of crimes against humanity can be prosecuted in American courts for torture or visa fraud but crimes against humanity are not currently violations of federal law. She said many Americans are unaware that these crimes are not currently punishable under U.S. law. Sen. Russ Feingold (D-Wisc.) noted that Salvadoran military leaders responsible for killings in El Salvador, including the deaths of four American women, currently live in Miami.
Daoud Hari, a Darfuri refugee who currently lives in Maryland, described his experience as a villager and translator to the committee. In his testimony, Hari asked Congress to pressure the Department of State to allow more Darfuri refugees to gain asylum in the United States. Currently, the United States has granted four other Darfuri refugees residence. Hari also asked the United States to fund the UN World Food Programme’s efforts in the region.
Olympic gold medalist and co-founder of Team Darfur Joey Cheek discussed his organizations call for an Olympic Truce, an effort that would promote peace during the Olympic Games through international reconciliation and dialogue. Cheek said that youth are offended by the actions of the Sudanese government and disturbed that mass killings continue to occur knowingly.
Stopping the arms trade
There is a campaign to stop this trade called "The World Is Watching." The goal? To get the 153 governments who voted at the United Nations to develop an arms treaty. This vote took place in 2006, but so far there is no treaty.
This proposed treaty is not about nuclear arms. It is about the use of conventional war arms. There has been a history of various agreements made in conflict areas, and the agreements are something that any civilized society can agree with. For example: Transfers of arms, ammunition, explosives and other related material shall not be carried to or from states which … commit or sponsor crimes against humanity or human rights violations (Code of Conduct-Central American States), or member states will not issue an export license if there is a clear risk that the proposed export might be used for internal repression (European Union Code of Conduct).
According to an Amnesty International report, the United States was the biggest source of illicit small arms seized in Colombia. The U.S. was the primary source by thousands followed by Germany, Venezuela and Russia, in that order. Russia wins the arms sweepstakes in some other countries such as Cote d'Ivoire.
China is not exempt from the arms export business either. It has "made available" huge amounts of arms sales to the Sudan. It has a very vested interest. China has become cozy with the Sudanese government because of its oil. It has looked the other way while the Sudanese government has committed unspeakable acts in Darfur. China has continued to supply arms to Sudan while the government pushes into Southern Sudan in partnership with the Chinese to drill for oil. The grand total in small arms in 2006 was $17.2 million. Within one year from 2006 to 2007 there were 409 military and police flights to Darfur from the larger government. The Chinese government has made available eight K-8 jet fighters for use in Darfur. According to Amnesty International, these jets were equipped with cannons, rockets and bombs. The Russians contributed planes as well to the Sudan government.
So, the question is how do you prevent such insanity? The only option is for a worldwide treaty with pressure from each country's citizens. Recommendations have included outlining provisions for state-to-state transfer of weapons, commercial sales rules and loans and gifts from governments to other governments.
One of the ways that an arms treaty that would end arms to the bad guys of the world is to make sure that countries passed their own laws that mandated certain restrictions and transparency rules as to how small arms would be sold and tracked if they were produced in that country. That would take massive country-by-country pressure from citizens.
Legal small-arms exports from the United States have been tracked at about one half billion dollars per year. It would be easy in this economy to increase this as a way to help our balance of trade. We need to pressure the next president to decrease small arms exports and push through national legislation to make sure they don't go to the bad guys. In the long run, it costs all of us as we fight rogue regimes and human-rights violators.