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Universal Jurisdiction: Prosecuting Human Rights Criminals
by Troy Skeels
The door towards accountability for human rights criminals acting under
color of government authority open a little wider on June 10. That day,
Mexico's supreme court ruled that Ricardo Cavallo of Argentina could be
extradited to Spain to stand trial for genocide and terrorism.
Cavallo was a captain in Argentina's navy, and an "intelligence specialist"
during the years of the military dictatorship and its "dirty war," against
leftists, unionists, and other opposition members in the 1970s and 1980s.
Known by the alias Serpico Cavallo is accused of taking part in the
abduction, torture, and murder of at least 227 people, the torture of 110
others, and the kidnapping of 16 babies whose parents were killed while in
military custody.
The extradition warrant was issued by Spanish Supreme Court Judge Balthasar
Garzon, who first gained international notice by seeking the extradition of
Chile's former dictator, Augusto Pinochet in 1998 while the latter was in
Britain seeking medical treatment. Britain's courts eventually ruled in
favor of the extradition request, but the government of Tony Blair said
Pinochet was too ill to be tried and sent the General back to Chile.
Subsequent attempts to try Pinochet in Chile have failed, generally on
health grounds.
The present case of Cavallo strengthens the concept of "universal
jurisdiction," the developing legal principle that crimes against humanity
can be prosecuted in any country, not only in the jurisdiction in which
they occurred. This is important not least because governments connected
human rights violators are rarely brought to justice in their own
countries. After the end of Argentina's military dictatorship, a few
officers were prosecuted, but in 1989 and 1990, then president Carlos Menem
granted pardons and released those few who had been convicted. Amnesty laws
passed under military pressure in the 1980s continue to protect those
accused of human rights violations during the years of the dirty war.
As part of his ongoing investigations into human rights violations, Garzon
indicted Cavallo in 1999, as well as 90 other Argentine military officials.
At the time of his arrest in August 2000 on suspicion of illegally
importing stolen cars from Central America into Mexico, Cavallo was working
for the Mexican National Vehicle Registry, a job he appears to have
received as a special favor by the government of then President Ernesto
Zedillo, despite questions about his background, including his involvement
in a stolen car ring.
Immediately after he was arrested, Spanish authorities requested his
extradition. A lower Mexican court ruled in 2001 that the extradition could
take place. Cavallo appealed, and the Supreme Court in its recent ruling
stressed that it wasn't deciding on his guilt or innocence but merely on
the legality of Spain's extradition request.
In Belgium the government has recently insisted that it would maintain its
own universal jurisdiction law that allows its courts to prosecute
perpetrators of crimes against humanity committed in any part of the world.
US officials, including Secretary of Defense Donald Rumsfeld, have been
heavily pressuring Belgium to abandon this law. Rumsfeld has vowed to
withhold the United State's share of money being used to finance
construction of the new NATO headquarters as protest for Belgium's
insistence on trying suspected human rights violators, including US
citizens. Speaking in Brussels on June 12 Rumsfeld said, "By passing this
law, Belgium has turned its legal system into a platform for divisive
politicized lawsuits against her NATO allies."
Bowing to previous American pressure, Belgium has already modified the law
once, to refer lawsuits to the courts in the defendant's own country if
that country is considered to have an adequately functioning legal system.
A lawsuit filed against the US military commander in Iraq, General Tommy
Franks, was recently transferred to the United States (and then dismissed
by the US judge). Other Americans who have had complaints lodged against
them for human rights violations include George Bush Sr., Colin Powell, and
Norman Schwarzkopf, all of whom are in the process of having their cases
transferred to US courts.
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