Colombian President Alvaro Uribe has announced that he will ask the International Criminal Court (ICC) in The Hague to bring charges against Hugo Chávez. He accuses his Venezuelan counterpart of supporting genocide in Colombia. Uribe claims that Chávez financially supported FARC rebels who are alleged to be responsible for several massacres in Colombia.
Uribe's announcement comes in the midst of rising political tensions between Colombia, Venezuela and Ecuador. Colombian forces on Saturday entered Ecuadorian territory to raid a FARC rebel camp, provoking protests and a diplomatic crisis. The incursion saw the killing of senior FARC commander Raul Reyes and 16 others. Venezuela and Ecuador have broken off ties with Colombia and moved troops to the Colombian border.
Colombian officials said they found a laptop during a raid on a FARC camp containing files indicating that Venezuela had sponsored the rebels to an amount of 300 million dollars. This information led the Colombian government to believe that Venezuela is co-responsible for violence committed by the rebels.
The court decides
Although anyone is entitled to file a complaint with the ICC prosecutor, it is up to the court to decide if it will start investigations into Colombia. First of all, the ICC is a court of last resort. This means that it will only deal with cases when the state concerned is unwilling or unable to prosecute. The ICC prosecutor will first have to determine whether the court is competent to deal with these allegations.
Secondly, upon receipt of a complaint the prosecutor has to determine whether the case falls within the jurisdiction of the court. The court only prosecutes crimes committed after 1 June 2002, the date of the entry into force of the Rome Statute. The alleged crimes must have taken place after this date. Moreover, Uribe has to demonstrate that genocide did occur. But so far there is no indication that genocide was or is being committed in Colombia.
Genocide
The UN genocide convention defines the 'crime of crimes' as 'specific acts committed with the intent to destroy a national, ethnic, racial or religious group in whole or in part'. These acts include killings and other measures to prevent the targeted group from existing. This has not been the case. The FARC guerrillas are not targeting any of these groups with the specific objective of wiping them out. In fact, FARC is fighting the government over politics, although the conflict has seen some atrocities.
Empty gesture
Uribe's genocide accusation is merely rhetorical. It seems to be an attempt to internationalise the political tensions with neighbouring countries. The claim of being a victim of such a crime can raise some international support but is in fact an empty gesture. The ICC is often used by parties involved in serious political rifts. Recently, in Kenya, both President Mwai Kibaki's government and his opponent Raila Odinga accused each other of genocide and threatened to lodge complaints with the ICC. The ICC has not yet received any complaint.
Tags:
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greyzorro,
xxx@xxx.com,
08-04-2008
- The Netherlands
This is just bullshit. The first ones to be brought to the International Tribunal is Bush and loyal friends: the stinking bloody monarchies like ..... you know who.
Before you post this kind of "de-information" try to find out who is really Chávez: a great man doing his bloody best.
Rafael Giraldo,
rgiraldo@comcast.net,
21-03-2008
- United States of America
Recently, I had the opportunity to read your article “Colombia seeking genocide charge against Chávez,” published in www.radionetherlands.nl. My sincere congratulations for presenting a judicious assessment of what, in the end, is a complex and violent tragedy which has devoured Colombia for over 50 years. I am delighted to finally witness extensive coverage by the international media of this terrible humanitarian crisis.
As you may know, on February 4th, 2008, millions marched in Colombia and in more than 140 cities around the world against FARC terrorists. The country, its people and the world made a unified stand demanding, in a single voice, an end to the kidnappings, killings and atrocities brought about by the Colombian guerillas during decades of death and destruction. With this march, all levels of society in Colombia and the world have unequivocally stated that the terrorism of FARC and other revolutionary groups does not represent the voice nor the will of the people.
Over the past weeks, we witnessed how the Colombian government moved to crush FARC terrorists on the border with Ecuador and how this created an unintended crisis in the region. For several uneasy days this month, the outlook of war in South America was deemed menacing and very real as neighboring governments rattled sabers while ordering the movement of troops to the Colombian border.
As this crisis unfolded and diplomacy ultimately prevailed, it brought about a most positive outcome in the fight against drug trafficking and terrorism. Colombia had the opportunity to clearly voice to the world the horror of the tragedy it continues to face. It is important to mention that in May 2004, the UN announced that Colombia's 39-year-long drug war had created the worst humanitarian crisis in the Western Hemisphere. More than 2 million people have been forced to leave their homes. Colombia now houses the third-largest displaced population in the world, with only Sudan and Congo having more. Several estimates also indicate that Colombia currently has over 5 million expatriates living abroad. The predicament of recent days has become the catalyst Colombia needed to make a final case against the continued criminality of guerilla terrorists and those states that sponsor them.
Like so many other Colombians, I too, was forced out of the country by the madness brought about by organized criminals such as FARC, which hide behind a deceitful and otherwise false political agenda. These and other narco-terrorists plunged my country into a period of utter darkness of which we are yet to surface. In a minor degree, I experienced in my own flesh the horror of the tragedy of countless Colombians. It is uncanny that the recent events are taking place a month or so before the publication of my memoir, “Blessings Given.” My tribute to those who have stood and still stand against the violence and criminality that has consumed my country is soon to be delivered through my chronicles.
Due to the timely connection between your article, the current events and my writings, I am taking the liberty of inviting you to read my book as it may provide you an in-depth perspective from one who lived through turbulent times. Should you be interested, please let me know where I can mail you a galley. In your continued effort to cover the unfolding events of Colombia and the region, do not hesitate to contact me as a primary source for a future article. In the interim, you are welcome to visit the following sites where you will find information about my work as well as my credentials:
www.blessingsgiven.com, www.mrgiraldo.com & www.rafalegiraldo.com
Sincerely,
Rafael Giraldo
www.rafaelgiraldo.com
543 Racquet Club Rd # 36
Weston, Florida 33326
Tel: 954-543-4151
Cell: 954-696-6214
Hiram,
06-03-2008
- USA
The International Criminal Court (ICC), located in the Hague, will not bring charges against Hugo Chavez. Why? Because Hugo Chavez controls the oil flow to Europe and the European leaders will jump through loops to prevent the trial. He threaten to cut off the flow of oil to the US when the oil companies sued him in the US and European courts for breach of contract. Mr Chavez is a dictator, who the majority of his people voted against in their last elections, who thinks he is the new Castro. The ICC is a tiger without teeth. Chavez, like all dictators, knows the power he wields in his country's oil. He will use it and abuse anybody who stands in his way.
Sandra,
06-03-2008
- Nederlands
They will make peace with one another again, they eventually always do.