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12

FRIDAY, APRIL 5, 1991

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War Crimes Thal

Continued from preceding page

cease-fire . . . It brings in a
world community rather
than just the Western com-
munity, and it's entirely
possible that the Western
powers would share, to some
extent, in the administra-
tion and consummation of a
trial."
Mr. Horsky admitted his
idea rests upon the eventual
fate of Saddam Hussein.
"It would be diplo-
matically and politically im-
possible to try an existing
head of state in absentia in
an international court," Mr.
Horsky said.
Not that Saddam Hus-
sein's not being tried would
lessen what the panel saw as
his irrevocable guilt, on both
charges of war crimes and
crimes against humanity.
Any "act of aggression"
against by one country
against another is con-
sidered a war crime under
the Nuremberg charter.
Crimes against humanity
include "acts of an aggressor
against civilians, foreign or
domestic," and can occur
before the outbreak of an ac-
tual war, Mr. King noted.
"I believe on the basis of
available information that it
can be shown that murders,
torture, and other inhumane
acts were carried out against
civilians in Kuwait on polit-
ical grounds," Mr. King
said. "The purpose behind
these actions were to break
the will of the population."
Walter Rockier, who suc-
cessfully prosecuted German
bankers for illegally seizing
civilian property — a viola-
tion of the Hague conven-
tions — outlined other war
crimes Saddam Hussein and
his leaders allegedly com-
mitted.
"You cannot force an
enemy prisoner of war to do
anything to aid the conduct
of his captors," Mr. Rockier
said. "It seems to be fairly
clear that the Iraqis don't
honor these principles. A
POW can't be exposed to
humiliation. I would say
putting a POW before a tele-
vision • camera and asking
him to apologize for his exis-
tence may well be a form of
humiliatiori."
It's one thing to know
someone's guilty and quite
another to prove it to the sat-
isfaction of a court. Gather-
ing evidence, especially if
Saddam Hussein stays in
Iraq, will prove difficult, the
former prosecutors said.
"Remember, at
Nuremberg, the victorious
powers completely occupied
Germany," Mr. Horsky said.
"We took over the German
government. Most of the
evidence used at Nuremberg

was German captured
documents."
Many believe a prima facie
case could be made against
the Iraqi leader on the basis
of what has already been re-
ported in the press. But
that's not the kind of trial
the Nuremberg officials
would want.
"They'd rather have the
kind of detailed trial and
(proof) of liability against
others besides Saddam Hus-
sein, which would require
the kind of evidence that, if
Saddam Hussein had control
of the country would simply
not be available," Mr. Hor-
sky said.
There's also the question
of what war charges the Ira-
qis would level against coali-
tion forces, and whether

"It would be a
travesty if (Iraqi
leaders)
responsible for the
aggression against
Kuwait were to
escape answering
for their crimes."

Whitney Harris

they would have any merit.
Daniel Margolies played
devil's advocate, discussing
charges that coalition forces
bombed innocent civilians
and attacked retreating Ira-
qi troops.
Unlimited bombing, ran-
domly destructive as it
might be, noted Mr.
Margolies, is allowed under
the rules of international
war.
He also blunted the Iraqi
charge that shooting at the
retreating troops violated
international law.
"The suggestion was made
that these troops were trying
to get out of Kuwait and we
should have allowed them to
do so, unharmed," Mr.
Margolies, a prosecutor,
said. "They were leaving
with their weapons, with
their armor."
By the time the last
speaker had his say, the feel-
ing of the panel was clear.
All are in their 70s and 80s.
For most, this reunion would
provide their epitaph for
Nuremberg.
Prosecutor Ben Ferencz
concluded that the issue of
war crimes, in many
respects, goes way beyond
the realm of Saddam Hus-
sein.
"We've got to begin to
think in planetary, in global
terms, to begin to manage
our own society so that all
people can live in peace," he
said. ❑

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