Libyan President Muammar Gaddafi
Photo: AP
International Court of Justice in Hague
Photo: AP
Yoaz Hendel
Injustice in The Hague
Op-ed: International Court’s probe against Libya’s Gaddafi has nothing to do with justice
The declaration by the International Court of Justice regarding a probe against Libya’s ruler
doesn’t impress me. Don’t get me wrong, Gaddafi is a veteran war criminal who hurt innocent civilians and still does so. Yet regrettably, the timing of the decision is mostly indicative of hollow populism.
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This court was established in 1945 in order to contend with global injustices, yet its judiciary selectivity has turned the court itself into an injustice. It turns a blind eye to powerful states, while at the same time initiating legal procedures against weak or unpopular states.
The “ground-breaking” statement by the chief prosecutor against Libya’s ruler is the best proof of this. Where was this court all these years when Gaddafi brutally oppressed his people, sent terrorists to blow up passenger aircraft, and supported violent dictatorships? Why did the court only wake up when the whole world declared that Gaddafi is a persona non grata?
The answer is clear: Until the turmoil started, Libya was considered an important oil producer and a state that one should not mess with. Based on this logic, the Swiss withdrew legal proceedings against Gaddafi’s son after he brutally beat up his servants. Based on this same approach, the International court of Justice in The Hague ignored for dozens of years the crimes against humanity committed by Gaddafi senior, for the sake of quiet and interests.
What about China?
But why only look at Libya? When did you hear the chief prosecutor declaring that he intends to probe China over the war crimes committed against Tibet residents, the Russians over what they did in Afghanistan or in Chechnya, the Turks over the war crimes they committed against the Kurds, or even the Americans and Brits over various incidents in Iraq and Afghanistan?
You haven’t heard such declarations because the judicial selectivity of the court in The Hague, as opposed to its noble statements, has nothing to do with justice, but rather, with money and interests. By the way, for this very reason, this court still has a pending case against Israel, over Operation Cast Lead. They are waiting to see where the wind blows.
So here’s a message to all those citizens of the world who are lauding the brave decision to probe a veteran war criminal – a moment after there is no use in doing it and his regime is collapsing: Keep in mind that this is all merely for appearance’s sake; a fig leaf for a longtime failure.
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