Some argue that despite all the ongoing wars and conflicts in the world today, the trajectory of history is toward expanding human rights. And the people working to bring dictators and human rights violators to account, are at the forefront of this argument.
One of my small groups chose to do a project on Baltasar Garzón as a defender of human rights. Their presentation brought up the fascinating concept of “sovereign immunity”, the idea that the legal government of a country cannot commit a crime, and they cannot be sued or charged in court for anything they do. The idea comes from the historical belief that, by definition, the king (or queen) can do no wrong.
Garzón, a judge in Spain, has also been pushing the limits of the concept of “universal jurisdiction”, by trying to bring to trial leaders from other countries who have been accused of violating human rights by torturing their citizens and committing genocide. People he’s investigating include former dictators from Argentina and, most famously, Chile. What makes it more pertinent right now is that he’s also investigating members of the recent Bush Administration (former attorney general, Alberto Gonzales; lawyer John Yoo, the infamous author of the memos approving torture, and four others).
Garzón is an idealist, which appeals kids who see the world most often in black and white:
It has always amazed me that politicians keep writing international conventions. But then when the time comes to apply one of those laws that have been ratified, they say “the problem is, economic stability, or political stability, could be threatened by the application of this rule.” So what’s the point? Do we ratify the laws in order to apply them or not? – Baltasar Garzón in interview reported in Speak Truth to Power.
Because of the presentation on Garzón yesterday, my ears perked up this morning when I heard the words “sovereign immunity” on the radio. Nina Totenberg reported on a current Supreme Court case where victims of the military dictatorship in Somalia who are living in the US are suing the former prime minister of the Barre dictatorship who is also now living in the US. It is a fascinating case, with broad implications for the prosecution of human rights violators around the world.
NPR article by Nina Totenberg: