Thoughts on the military and military activities of a diverse nature. Free-ranging and eclectic.

Monday, January 02, 2006

Shield Law.


This is coolbert:

Follow up to my previous blog entry about the French General who wrote the book about torture he oversaw in the counter-insurgency setting of 1954-62 Algeria.

"Paris, 2001-2002

With its graphic descriptions and unrepentant tone, Services speciaux, Algerie 1955-1957 provoked instant outrage. President Jacques Chirac said that he was "horrified" by the book's revelations, calling for Aussaresses to face disciplinary sanctions, while human rights groups and others said that Aussaresses should be criminally prosecuted.

Under French law, however, Aussaresses was effectively shielded from prosecution for the atrocities committed in Algeria. Two amnesty laws, passed in the 1960s, bar the French courts from adjudicating charges relating to the conduct of the Algerian war. The country's war crimes statute, moreover, only covers crimes committed during World War II or after 1994.

Frustrated in their efforts to prosecute Aussaresses for his actions, several human rights groups filed suit against him for his words. He and his publishers were charged with "complicity in justifying war crimes" - a press offense with a maximum penalty of five years' imprisonment and a $41,000 fine.

The case went to trial last November, with Aussaresses being, in person, at least as feisty and unrepentant as he had been in print. "I would do it again today if it were against bin Laden," he said to the court.

In late January, Aussaresses was found guilty of justifying war crimes, but assessed a fine of only $6,500, compared to the $13,000 assessed his two editors. His lawyer promised that he would appeal the conviction. Only a week previously, a Paris court had dismissed a criminal suit against Aussaresses brought by two sisters of Larbi Ben M'hidi, the FLN leader that Aussaresses had confessed to killing."

General Aussaresses was tried in 2002, found guilty, and fined $6,500. And that is that. He CANNOT be tried in criminal court due to the two amnesties granted by the French in the 1960's.

"Two amnesty laws, passed in the 1960s, bar the French courts from adjudicating charges relating to the conduct of the Algerian war. The country's war crimes statute, moreover, only covers crimes committed during World War II or after 1994."

The French have seemed to have conveniently covered all the bases with regard to war crimes, have they NOT!!

Pinochet YES, Aussaresses NO!!

coolbert.

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