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Post-conflict reception of war criminals

From Wikipedia, the free encyclopedia
Statue ofBohdan Khmelnytsky in Kyiv
Yasukuni Shrine has been the subject of political controversies due to the war criminals enshrined there.

The reception of individuals guilty of violations ofinternational criminal law after a conflict differs greatly, ranging from bringing them to justice inwar crimes trials to ignoring their crimes or even glorifying them as heroes. Such issues have led to controversies in many countries, including Australia, the United States, Germany, the Baltic states, Japan, and the former Yugoslavia.

By country

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Australia

[edit]

A book byMark Aarons argues that Australia has been "a safe haven for war criminals" including Nazis, Khmer Rouge, former Chilean secret police, and those guilty ofwar crimes in the Yugoslav Wars.[1] Some have played a role in Australian politics or the intelligence services.[1][2]

In 2023, former Australian SAS soldier Oliver Schulz was arrested and charged with murdering unarmed Afghan civilianDad Mohammad. He is the first person to be charged in connection with theBrereton Report, a report published by theAustralian Defence Force on war crimes in Afghanistan. Schulz is also the first Australian soldier to ever be charged under Australian law with a war crime. In 2023, Australia's most decorated soldier,Ben Roberts-Smith, lost a defamation suit he filed against several publications which had accused him of being a war criminal. The case is currently under appeal.[3]

Balkans

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Protest against the arrest, extradition and trial ofRadovan Karadžić inBelgrade,Serbia, 2008

FormerPresident of CroatiaIvo Josipović has highlighted that former Yugoslav countries were reluctant to prosecute their own nationals for war crimes because "everybody considers their own people to be heroes and only sees the victims on their own side".[4]

InRepublika Srpska, memorials to victims of theBosnian genocide are forbidden. Instead, memorials are erected to commemorateSerb perpetrators of war crimes such asRadovan Karadžić.[5] Secondary school textbooks discuss Karadžić without mentioning that he was convicted ofwar crimes and genocide.[6] In Serbia, convicted war criminals such asVojislav Šešelj enjoy public support which goes along withBosnian genocide denial as well as denial of other war crimes committed by Serbs.[7][8][9]

After theInternational Criminal Tribunal for the former Yugoslavia (ICTY) convicted sixBosnian Croat military leaders ofwar crimes and crimes against humanity in November 2017,Prime Minister of CroatiaAndrej Plenković described the verdict as a "deep moral injustice".[10]Branimir Glavaš, a former Croatian general and current politician who was previously found guilty of torturing and murderingSerb civilians in the town ofOsijek during theCroatian War of Independence, received a warm welcome following his release in 2015 which included a concert in front of 1,500 people featuring singersMiroslav Škoro andMate Bulić.[11]

InKosovo, convicted war criminals such asLahi Brahimaj and Rrustem Mustafa have been appointed to state offices. WhenSylejman Selimi was released from prison after serving his sentence for war crimes,President of KosovoHashim Thaçi said: "Kosovo is better and safer with the living hero Sylejman Selimi at liberty."[12] Following the death ofKosovo Albanian war crimes convictHaradin Bala in January 2018, theAssembly of the Republic of Kosovo held aminute of silence to mark his death.[13]

Johan Tarčulovski, the onlyMacedonian citizen to be convicted by the ICTY, was elected toParliament in 2016 for the rulingVMRO-DPMNE party. A high-ranking member of the party toldBalkan Insight, "He is our Macedonian hero and we are proud to have him among our ranks. Who best to work for Macedonian interests than Tarčulovski?"[14]

Cambodia

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In Cambodia,Pol Pot's tomb has been the focus of cult activities.[15]

Germany

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Defendants in the dock at theInternational Military Tribunal at Nuremberg

Some German war criminals were put on trial at theNuremberg trials, although most escaped responsibility for their crimes.[16] Today Germany denounces the actions of Nazi war criminals and does not have memorials to them.[17] In contrast, there are manyHolocaust memorials in Germany.[18]

SS officerJoachim Peiper, convicted and sentenced to death for his role in theMalmedy massacre, but eventually reprieved, later achieved cult status among those whoromanticize the Waffen-SS.[19]

Japan

[edit]

Major Japanese war criminals convicted and executed by theTokyo Trial are enshrined atYasukuni Shrine.[20] Visits to the shrine by Japanese prime ministers have therefore been subjects of controversy.[21]

Latin America

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See also:Ratlines (World War II)

A number of Nazi war criminals immigrated to various countries in Latin America, includingJosef Mengele,Klaus Barbie, andFranz Stangl.[22] In 1961, Argentina protested against Israel's abduction ofAdolf Eichmann, who was responsible for the deaths of millions of Jews, and initially demanded his return to Argentina. Before his abduction, Eichmann openly discussed his crimes with other German immigrants.[23][24] Following his arrest a wave of antisemitic attacks were committed againstArgentine Jews.[23]

Latvia

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2008 Legionnaire Day procession through the flag alley at the foot ofFreedom Monument

Commemoration of theLatvian Legion, aWaffen-SS formation during World War II, is controversial due to the war crimes committed by it.Remembrance Day of the Latvian Legionnaires was celebrated as a state holiday from 1998 to 2000.[25] Annual marches continue to be held as of 2018 and are opposed by groups such asLatvia Without Fascism.[26]

Lithuania

[edit]

Controversy has arisen around figures such asAdolfas Ramanauskas,Jonas Noreika, andJuozas Ambrazevičius, who are viewed as heroes due to opposing Soviet aggression against Lithuania but who have been accused of Nazi collaboration.[27][28][29] Noreika's involvement in the mass murder of Jews has been proven beyond any doubt. He directly gave the order to carry out thePlungė massacre, in which 1,700 Jewish men, women, and children were killed. In 1997, Noreika, who was executed by the Soviets in 1947, was posthumously theOrder of the Cross of Vytis by the Lithuanian government.[30]

Rwanda

[edit]

As of 2020[update],Paul Kagame is president of Rwanda. He was in command of theRwandan Patriotic Front, which committed widespread war crimes during theRwandan Civil War, for which the commander is legally responsible under the doctrine ofcommand responsibility. Kagame was not tried by theInternational Criminal Tribunal for Rwanda.[31][32][33] According to scholarFilip Reyntjens, Kagame is "the greatest war criminal" currently in power measured by the number of people killed.[34]

Sudan

[edit]

In 2019,Omar al-Bashir, who was previouslyindicted by theInternational Criminal Court for genocide, war crimes, and crimes against humanity during theDarfur conflict, was deposed asPresident of Sudan and arrested.[35] In December 2019, he was convicted of corruption and sentenced to two years' imprisonment.[36] As of October 2020, the Sudanese government is exploring the possibility of a hybrid tribunal to try al-Bashir and others for war crimes.[35]

Turkey

[edit]
Tomb of Talaat Pasha in the cemetery ofMonument of Liberty, Istanbul

Talaat Pasha, the architect of theArmenian genocide, is buried under theMonument of Liberty, Istanbul, dedicated for "heroes of the fatherland".[37] The glorification of Talaat and other Armenian Genocide perpetrators goes along with Turkey's state-sponsoredArmenian genocide denial.[37]

Ukraine

[edit]

There are competing legacies ofBohdan Khmelnytsky, who is viewed as a national hero by some but who led an uprising that involved widespread massacres of Jews.[38] The World War II-eraUkrainian Insurgent Army (UPA) is also controversial, being viewed by some Ukrainians as a national movement. However, the UPA in collaboration with the Nazis was responsible for mass killings of Jews and Poles duringthe Holocaust in Ukraine. Renaming of streets after Nazi collaborators and erection of monuments to them has been criticized by civil society groups.[39][40]

United States

[edit]

Twenty soldiers were awarded theMedal of Honor, the United States' highest military honor, for alleged "gallantry" and "bravery" during the 1890Wounded Knee Massacre in which hundreds of Lakota civilians were killed.[41] In 2019, SenatorsElizabeth Warren andJeff Merkley introduced a bill to revoke the medals.[41]

Only one United States soldier,William Calley, was convicted for the 1968My Lai massacre of between 347 and 504 unarmed Vietnamese civilians by U.S. Army units.[42] However,Seymour Hersh's reporting on the massacre, "I sent them a good boy and they made him a murderer", won thePulitzer Prize.[43]

PresidentDonald Trump's use of pardon powers to pardon soldiers convicted of or charged with war crimes has attracted criticism.[44][45][46] According to law professor Stuart Ford, some of the pardons are illegal under international law, which requires that countries hold war criminals accountable.[47]

References

[edit]
  1. ^abAarons, Mark (2020).War Criminals Welcome: Australia, a Sanctuary for Fugitive War Criminals Since 1945. Black Inc.ISBN 978-1-74382-163-3.
  2. ^"The Sydney Morning Herald from Sydney, New South Wales, New South Wales, Australia".Newspapers.com. 2001-06-16. Retrieved2023-12-16.
  3. ^McKinnell, Jamie (11 July 2023)."Ben Roberts-Smith to appeal after losing landmark defamation case".ABC News. Australian Broadcasting Corporation. Retrieved22 July 2023.
  4. ^"Poor Cooperation Leaves Balkan War Crime Suspects at Large".Balkan Insight. 1 October 2018. Retrieved13 October 2020.
  5. ^Pettigrew, David (2018). "The Suppression of Cultural Memory and Identity in Bosnia and Herzegovina".Multidisciplinary Perspectives on Genocide and Memory. Springer International Publishing. pp. 187–198.ISBN 978-3-319-65513-0.
  6. ^"Bosnian, Serbian Schoolbooks Teach Rival Versions of History".Balkan Insight. 30 October 2020. Retrieved31 October 2020.
  7. ^"Serbia: Unrepentant War Criminals Enjoy Public Spotlight".Balkan Insight. 27 December 2018. Retrieved12 October 2020.
  8. ^"Serbia: A Year of Denying War Crimes".Balkan Insight. 26 December 2019. Retrieved12 October 2020.
  9. ^Ramet, Sabrina P. (2007). "The denial syndrome and its consequences: Serbian political culture since 2000".Communist and Post-Communist Studies.40 (1):41–58.doi:10.1016/j.postcomstud.2006.12.004.
  10. ^Ilic, Igor (29 November 2017)."Croatian PM Plenkovic regrets Praljak's death in The Hague".Reuters. Archived fromthe original on November 4, 2020. Retrieved1 November 2020.
  11. ^Milekic, Sven (2 February 2015)."Glavas Returns to Warm Welcome in Croatia".Balkan Insight.
  12. ^Radovanovic, Milica (12 October 2020)."'A Hero Returns': How Freed War Criminals are Glorified in Kosovo".Balkan Insight. Retrieved12 October 2020.
  13. ^Isufi, Perparim (9 February 2018)."Kosovo, Serbia Criticised for Honouring War Crimes Convicts".Balkan Insight. Retrieved1 November 2020.
  14. ^"Macedonian War Crimes Convict Enters Parliament".Balkan Insight. 19 December 2016. Retrieved31 October 2020.
  15. ^Guillou, Anne Yvonne (2018)."The "Master of the Land": Cult Activities Around Pol Pot's Tomb"(PDF).Journal of Genocide Research.20 (2):275–289.doi:10.1080/14623528.2018.1459169.S2CID 81694769.
  16. ^Pendas, Devin O. (December 2009)."Review of Heberer, Patricia; Matthäus, Jürgen, eds., Atrocities on Trial: Historical Perspectives on the Politics of Prosecuting War Crimes". H-German, H-Review. Retrieved13 October 2020.
  17. ^Neiman, Susan (14 September 2019)."There Are No Nostalgic Nazi Memorials".The Atlantic. Retrieved13 October 2020.
  18. ^"Vibrant Culture of Remembrance".deutschland.de. 23 January 2020. Retrieved13 October 2020.
  19. ^Smelser, Ronald;Davies, Edward J. (2008).The Myth of the Eastern Front: The Nazi-Soviet war in American popular culture. New York:Cambridge University Press. p. 111.ISBN 9780521833653.
  20. ^"Enshrinement Politics: War Dead and War Criminals at Yasukuni Shrine | The Asia-Pacific Journal: Japan Focus".apjjf.org. 4 June 2007.
  21. ^Mathur, Arpita (2001). "Koizumi's visit to the Yasukuni shrine".Strategic Analysis.25 (6):825–830.doi:10.1080/09700160108458999.S2CID 153440540.
  22. ^Minster, Christopher."Nazi War Criminals Who Hid Out in South America".ThoughtCo. Retrieved5 November 2020.
  23. ^abRein, Raanan (2001)."The Eichmann Kidnapping: Its Effects on Argentine-Israeli Relations and the Local Jewish Community".Jewish Social Studies.7 (3):101–130.doi:10.2979/JSS.2001.7.3.101.ISSN 0021-6704.JSTOR 4467612.S2CID 159585565.
  24. ^SPIEGEL, DER."The Long Road to Eichmann's Arrest: A Nazi War Criminal's Life in Argentina - DER SPIEGEL - International".www.spiegel.de. Retrieved5 November 2020.
  25. ^Kazyrytski, Leanid (2016). "Latvian SS-Legion: Past and Present. Some Issues Regarding the Modern Glorification of Nazism".Criminal Law Forum.27 (3):361–385.doi:10.1007/s10609-016-9286-3.S2CID 148160519.
  26. ^Liphshiz, Cnaan (16 March 2018)."Hundreds march with Nazi SS veterans in Latvia".Jewish Telegraphic Agency. Retrieved12 October 2020.
  27. ^"Lithuania reburial of WWII leader angers Jewish groups".BBC News. 17 May 2012. Retrieved13 October 2020.
  28. ^"Lithuania monument for 'Nazi collaborator' prompts diplomatic row".BBC News. 7 May 2019. Retrieved13 October 2020.
  29. ^Higgins, Andrew (10 September 2018)."Nazi Collaborator or National Hero? A Test for Lithuania".The New York Times. Retrieved13 October 2020.
  30. ^Brook, Daniel (2015-07-26)."Double Genocide".Slate.ISSN 1091-2339. Retrieved2024-04-15.
  31. ^Rever, Judi (2020).In Praise of Blood: The Crimes of the Rwandan Patriotic Front. Random House of Canada.ISBN 978-0-345-81210-0.
  32. ^Haskell, Leslie; Waldorf, Lars (2011)."The Impunity Gap of the International Criminal Tribunal for Rwanda: Causes and Consequences".Hastings International and Comparative Law Review.34: 49.
  33. ^Morrill, Hanna (2012)."Challenging Impunity - The Failure of the International Criminal Tribunal for Rwanda to Prosecute Paul Kagame".Brooklyn Journal of International Law.37: 683.
  34. ^"23 09 16 L'Oeil du Patriote - Le Professeur Filip Reytjens persiste et signe : Paul Kagame est le plus grand criminel en fonction!".Congoforum.be (in French). 23 September 2016. Retrieved14 November 2020.
  35. ^ab"Omar Bashir: ICC delegation begins talks in Sudan over former leader".BBC News. 17 October 2020. Retrieved5 November 2020.
  36. ^Quinlan, Casey (14 December 2019)."Omar al-Bashir, deposed president of Sudan, has been sentenced to 2 years in a reform facility".Vox. Retrieved5 November 2020.
  37. ^abGaribian, Sévane (2018).""Commanded by my Mother's Corpse": Talaat Pasha, or the Revenge Assassination of a Condemned Man".Journal of Genocide Research.20 (2):220–235.doi:10.1080/14623528.2018.1459160.S2CID 81928705.
  38. ^Glaser, Amelia M. (2015)."Bohdan Khmelnytsky as Protagonist: Between Hero and Villain".Stories of Khmelnytsky: Competing Literary Legacies of the 1648 Ukrainian Cossack Uprising. Stanford University Press.ISBN 978-0-8047-9496-1.
  39. ^Sokol, Sam."Ukraine's new memory czar tones down glorification of war criminals".The Times of Israel.ISSN 0040-7909. Retrieved13 October 2020.
  40. ^"i24NEWS".www.i24news.tv. Retrieved13 October 2020.
  41. ^abBekiempis, Victoria (28 November 2019)."Warren introduces bill to strip Medals of Honor for Wounded Knee massacre".The Guardian. Retrieved26 October 2020.
  42. ^Savelsberg, Joachim J.; King, Ryan D. (2011).American Memories: Atrocities and the Law. Russell Sage Foundation. p. 48.ISBN 978-1-61044-749-2.
  43. ^"'I sent them a good boy and they made him a murderer'".www.pulitzer.org.
  44. ^Prine, Leo Shane III, Meghann Myers, Carl (22 November 2019)."Trump grants clemency to troops in three controversial war crimes cases".Military Times. Retrieved12 October 2020.{{cite news}}: CS1 maint: multiple names: authors list (link)
  45. ^Lehr, Amy K. (24 May 2019)."Pardoning Alleged War Criminals: Bad for the United States, Bad for the World".www.csis.org. Retrieved12 October 2020.
  46. ^Luscombe, Richard (27 December 2019)."Navy Seal pardoned of war crimes by Trump described by colleagues as 'freaking evil'".The Guardian. Retrieved12 October 2020.
  47. ^Ford, Stuart (2019–2020)."Has President Trump Committed a War Crime by Pardoning War Criminals?".American University International Law Review.35: 757.

Further reading

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Sources
Topics
War crimes by type
War crimes
committed by...
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Related topics
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‡ Does not apply toairborne forces (i.e.paratroopers)
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