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April 03, 2008

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dsquared

Surely the Pinochet solution is more likely - Tsvangerai just fundamentally shrugs his shoulders, lets him get off scot free and swallows it as the cost of progress, while Mugabe swans around Harare impersonating the elder statesman and being fawned over by old comrades?

That Hague tribunal would be a really unedifying spectacle for the British government too, given that it would dig up a whole load of past betrayals - I also suspect that the ICJ would be reluctant to set any sort of precedent that land reform in a former colony is per se a form of ethnic cleansing, although it basically is.

Alex

As if that was the *only* thing he could be charged with...

dsquared

It's an interesting question as to what the Hague indictment for Mugabe would actually have on it (and it would require Zimbabwe to ratify the ICC statute or a Security Council referral.

The IBA call for an indictment was based on the Harare slum clearances, but that looks unlikely to me as once more it would appear to set a precedent that's much stronger than anything the ICC seriously wants to get involved with. If anyone could prove that Zanu-PF used starvation as a political weapon in 2003-2005 then that would be the basis for an indictment but this looks unlikely to me too.

Other than that, what is there? Fixing elections isn't a Hague tribunal crime and nor is intimidating journalists or repressing protestors unless it rises to the level of a breach of the Torture Convention. Given how difficult it was to connect Milosevic to Karadic, I am very pessimistic for the chances of convicting Mugabe for murders and rapes carried out by the "war veterans" and as I said above, prosecuting him for ethnically cleansing the white Zimbabweans is a minefield all of its own. Maybe I'm missing something, but the lesson I take away from this is that international law's very weak indeed and it's very difficult to convict even really bad people. Peter Tatchell makes a good case for an indictment under the Torture Convention (and one which is a lot easier to sustain with RM as a former head of state) and that is probably the best shot.

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