Mugabe can, and must face justice

Mugabe can, and must face justice

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By Lynette Mhlanga

POLITICAL correctness has hijacked Zimbabwean politicians’ freedom to discuss one of the major burning issues of our time.

Because of political correctness, any discussion about the liability and accountability of Robert Mugabe for human rights violations is considered unhelpful.

Mugabe is a demagogue, a pariah and enemy to his own people such that this topic engenders controversies but mostly it triggers fear and some of the responses given are all iced by fear.

The result is that we tend to act as if Mugabe cannot be prosecuted for the human rights violations which he continues to perpetrate using state machinery.

The Opposition in Zimbabwe is just treading carefully here. But Zimbabweans need to exercise courage here and take the bull by its horns, we need to engage in meaningful debate and engage the enemy.

Having read Lloyd Msipa’s article “Obstacles to Mugabe's prosecution”, a reply to Bekithemba Mhlanga‘s article ‘Human rights violators must be held to account’, I beg to differ.

This article will not argue on who said what at Morgan Tsvangirai's London meeting but will address the burning issue here – can Mugabe be prosecuted for the human rights violations committed under his watch and direction?

Much legal ingenuity has been deployed to discuss this problem. However, the realistic answer to this conundrum that Mugabe can indeed, and should be prosecuted. The dictator, the demagogue the strongman and slaughter of the innocent civilians can be prosecuted.

He ranks on the same level with Slobodan Milosevic, Saddam Hussein, Idi Amin, Alexander Lukashenko and their kind. Therefore he can be indicted.

It is true and correct that Zimbabwe is not a signatory to the statute that created the International Criminal Court and is therefore not legally bound by its dictates. As a non-signatory state, an ICC trial would require either a UN Security Council indictment or that Zimbabwe accept the International Criminal Court’s jurisdiction. With the crimes against humanity which this current regime continues to commitm, it’s a wonder that the UN Security Council will not indict Mugabe. It can, and if it can, then yes Mugabe can be prosecuted.

The UN Security Council can indict nationals of countries that have not signed the International Criminal Court statute for trial before the court. Mugabe is an example of a possible case, whose indictment has been called for by Australia and New Zealand. Recently the UN Security Council did a referral over Sudan’s Darfur situation and Mugabe must be held accountable for the crimes he has committed. A UN Security Council referral to the International Criminal Court to investigate Mugabe and his regime, similar to the referral over Sudan's Darfur situation, is the most appropriate and effective response.

"His crimes demand that he be held to account, only then can the process of reconciliation and nation building really begin"

LYNETTE MHLANGA

Msipa argued that “Zimbabwe’s situation is precariously different because we have not ratified the ICC Statute. This makes it rather difficult for the ICC to investigate our cases”. This conclusion is wrong as it entirely does not appreciate the UN Security Council‘s powers to bring individuals before the ICC even when their states are not signatories. The UN Security Council can exercise its wide discretionary powers. It can specifically name Robert Mugabe as an ongoing threat to peace and security of the region and authorize an ICC investigation, even though Zimbabwe has refused to accept the court's jurisdiction.

The human rights violations in Zimbabwe are too enormous to be swept under the carpet. Whilst the spirit of forgiveness could help Zimbabwe as a nation to go forward, it however remains true that a person is only forgiven if they are apologising and no longer re-offending. Can this be said about Mugabe? No! Operation Murambasvina was indeed a crime against humanity. What do you call such an act except that it’s a crime against humanity? What about the torture practice that is the backbone and pillar of Zanu PF rule? Even the fact that Zimbabwe did not sign the Convention Against Torture will not absolve it from being accountable for human rights violations. Customary International law will not allow Mugabe to get away with Torture.

Once an indictment is done by the UN Security Council, a warrant could be issued for Mugabe’s arrest and only then will the people of Zimbabwe breath a sigh of relief. Let us be honest here, Mugabe is a human rights violator and our people are suffering. Instead of being diplomatic about this issue, as is currently being done, we need to simply say no to human rights abuses; we need to take a stance against an unrepentant dictator who is insensitive to the cries of his own people

So there is a light at the end of the tunnel if the people of Zimbabwe decide this is what we want. It would be much better for the views of those families who were tortured and massacred to be taken on board here.

Let us not delude ourselves by allowing the dictator to think he can get away with it so easy. Let us not give the tyranny and dictator a false sense of security here. When the NAZI were killing the Jews no-one ever thought the Nuremberg Trials would ever take place. History must lend a hand here.

The reason why the road to freedom for Zimbabwe keeps meandering in hard terrains is because we the people of Zimbabwe have failed to stand up and be counted.

Mugabe still sees himself as the only capable captain of a ship which has long sunk and fails to see that his people are drowning in poverty and his refusal to grant them their most basic rights.

His crimes demand that he be held to account, only then can the process of reconciliation and nation building really begin.

Lynn Mhlanga is a human rights activist and Doctoral candidate in Human Rights based in England and can be contacted at lynn.lynette@yahoo.co.uk
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