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How Could Charles Taylor's Crime Have Been Prevented?

Posted: 30/05/2012 17:10

As the debate rages over whether Charles Taylor will languish in a British prison or elsewhere, much more important should be the discussion into how the former President of Liberia could have been prevented from aiding and abetting such atrocities in the first place.

As Arms Control Manager for Amnesty International, I have spent two decades researching and trying to expose the devastating impact of a blatantly irresponsible and, at times, unlawful trade in weapons - a trade which has fuelled some of the world's worst atrocities, including killings, rapes and mutilations as seen during the conflicts in Sierra Leone, Liberia and elsewhere.

What has always been obvious is that the world should not wait for arms to fuel a catastrophic human rights crisis before the great powers call time.

Security Council action has its benefits but it often comes late. It's time the world rejected the body bag approach to arms control.

During the summer of 2000, I presented evidence at a UN Security Council hearing into how the illicit diamonds revenue was converted into arms purchases.

This UN hearing was not only the first to try to understand a problem that perpetuates conflict, but also marked a watershed by providing evidence and official recognition of the inadequacy of existing arms trade standards and regulations.

During the UN hearing in 2000, several things were clear. Firstly, the deadly and dangerous weapons fuelling the conflict in Sierra Leone were traded and delivered not just at national or even regional level but a global one.

Secondly, the absence of any legally binding international standards governing arms exports meant that nothing was effectively done to stop the flow of arms into Sierra Leone - all we had was a UN arms embargo finally agreed a full six years later.

Thirdly, even once imposed, the UN embargo was circumvented on a massive scale not least because national systems to control the arms trade were so weak and poorly implemented.

Inadequate customs inspections and public record keeping as well as unverified trade documentation meant that arms from the post-Soviet Union stockpiles of east European countries like Slovakia and Ukraine easily found their way to Charles Taylor through the complicit states of Burkina Faso and the Ivory Coast.

The deals were set up by arms brokers from Israel, Kenya, the Netherlands, Russia, South Africa and Ukraine, yet jurisdictional loopholes meant none was tried at the time.

Inadequate registration and control of air and sea transporters meant that companies from Hong Kong, the United Arab Emirates and the United Kingdom were used to ship the arms. Meanwhile, payments made with the revenue from the illicit trade in Sierra Leone's diamonds were channelled through bank accounts as far afield as Singapore, Cyprus and the USA, without investigation.

As we now know, this litany of failures massively contributed to the horrors of Sierra Leone's civil war. Tens of thousands civilians were killed and many more mutilated and wounded, thousands of women were raped, more than 5,000 boys and girls were forcibly recruited as child soldiers and over one third of the population were forced to flee their homes.

Charles Taylor's sentencing sends an important message to high-ranking state officials; no matter who you are or what position you hold, you will be brought to justice for your crimes.

It should also act as powerful a reminder to governments to reject the "body bag" approach and to ensure through their actions that they will put an end to irresponsible arms transfers. In just over a month's time, UN member states will gather in New York to negotiate the text of the world's first ever Arms Trade Treaty.

This July's UN negotiating conference is an historic moment to establish a tough, comprehensive global Arms Trade Treaty with common rules to help protect human rights. The experience of Sierra Leone and Charles Taylor's Liberia makes it clear what is needed.

Instead of having to wait for Security Council agreement on a UN arms embargo, which is imposed after the catastrophe has already happened, the treaty must require that no arms transfers can ever be approved if there is a substantial risk that the arms would be used to commit or facilitate serious violations of human rights or fuel persistent unlawful armed violence - what we call the "Golden Rule".

To ensure respect for this "Golden Rule" and tackle the multifaceted nature of the arms trade, the treaty must also cover all types of conventional weapons, munitions, armaments and related equipment as well as all forms of trade and government-to-government transfers. It should require governments to strictly regulate arms brokering, transport and financial services for such transfers.

To have teeth, the Treaty must require governments to undertake rigorous risk assessments prior to any authorisation of an arms transfer or transaction, and publicly to report on all authorisations and deliveries. Trading without permission or illegally diverting arms should be a criminal offence and states that fail to comply with the treaty obligations should be held to account.

Of course, sceptics may view this as an unrealistic shopping list but past failures have shown that standards and regulations that are not sufficiently comprehensive are destined to fail. The case of Charles Taylor and Sierra Leone's civil war shows that the exclusion of a human rights "Golden Rule" would invalidate the whole preventative value of a treaty. Similarly, without thorough prior risk assessments, strict licensing, public reporting and criminalisation of illicit trafficking, those responsible for fuelling atrocities will never be held to account.

This July, negotiators at the UN will have a choice but, if they remember what we have all heard in the case of Charles Taylor, they will realise that effective prevention is largely a question of all or nothing.

 
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As the debate rages over whether Charles Taylor will languish in a British prison or elsewhere, much more important should be the discussion into how the former President of Liberia could have been pr...
As the debate rages over whether Charles Taylor will languish in a British prison or elsewhere, much more important should be the discussion into how the former President of Liberia could have been pr...
 
 
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Ben Wilson
What's the story mourning Tories?
01:37 PM on 06/01/2012
Lets change the rules of engagement so we can take out leaders right at the start. We know what he was doing. He should have been blasted to kingdom come along with all his properties. Amazing how thats wrong but killing 100s-millions through armed conflict to get to an evil swine is OK.
10:36 PM on 05/31/2012
Someone could have shot him.
09:23 PM on 05/31/2012
The UN is the arms trade ... and protected by international Law.
01:11 PM on 05/31/2012
Campaigning for the rule of law instead of democracy may help.

The rule of law is a precursor of Western democracy. Democracy without the rule of law leads to chaos, civil; war, despotism, oligarchy.

So much Western thought, effort and money goes into promoting phony democracies.
09:21 PM on 05/31/2012
The origins of law are grubby agreements between successful murderers/thieves, which enable them to carry on murdering/thieving. Charles taylor is no more guilty of crimes against humanity than any western so-called democracratic leader. If you think we live in a true democracy, then you are either a lawyer or an equally over-paid non-essential and living in a comfortable bubble.Do enjoy and I hope the bubble doesn'y hit reality.
10:01 PM on 05/31/2012
If you want to make a comment which is not a reply, be brave and make it. You'll be okay. But cut out the pretend reply which is just a rant. Your anger is your problem - not mine.
12:37 PM on 05/31/2012
It could have helped to not support then Liberian President Samuel K. Doe's paranoid massacres in Nimba County following a coup attempt against him.
12:48 AM on 05/31/2012
Do I really have to help pay, as a long suffering taxpayer, for this man's incarceration in a British [holiday] jail?? I do not want to but then, who would ask me?
12:01 AM on 05/31/2012
Sadly things like this can't be prevented, only stopped. Hindsight is allways 20/20. People like Taylor or Hitler would never be elected if they were known to be mass murderers or genocidists beforehand. Unfortunately, restricting arms sales may end up hurting the common people more than the despot by not allowing the resistance the same access as the oppressor. And also the slippery slope that the 'all-knowing' U.N. may decide that they want to start messing with my 2nd Amendment rights to keep and bear arms, which may lead to oppression by my own government. Take guns from the lawful and only the criminal will have them, the black market will allways be there for the criminals no matter what you do. An armed and responsible community is a safer community, a disarmed populace is at the mercy of thugs. A proven fact no matter what spin anyone from the left or right tries to put on it. I can sympathise with your post richardherbie, I say bring him to the U.S. prison system, he wouldn't last 24 hours in the general population. Just ask Jeffery Dahmer (oh that's right you can't, he was sodomized to death with a mop handle), problem solved. :)
11:01 AM on 05/31/2012
You are right that much hindsight is often a wonderful thing. But in the case of Charles Taylor, Amnesty International actually reported the abuses as far back as April 1992. (See: http://www.amnesty.org/en/library/asset/AFR51/001/1992/en/fdac7800-f93e-11dd-92e7-c59f81373cf2/afr510011992en.pdf ) It is exactly this sort of evidence that an Arms Trade Treaty would oblige governments to take into account before authorising arms exports to a country. Regarding your argument about hurting ordinary people, I would suggest that in most conflicts it’s the ordinary people that get caught in the middle rather than benefiting from proliferation of arms. Secondly, even if an oppressor state has more weapons they still need a steady supply of ammunition, which an Arms Trade Treaty that includes control of such exports, would help stop. You are right that a black market will probably always exist but it’s a matter of scale. Finally with regard to the 2nd amendment, I am not aware of any provisions in an Arms Trade Treaty which would violate this constitutional right. (See http://politicsofpoverty.oxfamamerica.org/2011/07/21/separating-fact-from-fiction-on-the-arms-trade-treaty/ ). In many ways, the United States already has some of the toughest and best controls on the export of arms. What an Arms Trade Treaty would do is raise the bar for other countries but for this to happen we definitely need your and other Americans’ support.
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vividrick
I came, I saw...I had a cup of tea!
12:01 PM on 05/31/2012
Hi Teosiesta. I agree with mist of what you say, I used to work with Oxfam, and Control Arms was one of the many coalitions we worked within as we saw this problem as a major catalyst towards creating extreme poverty. I do believe more capping on the international dealings should have major impact in the blackmarket trade too. I now work also with caat.org.uk ...may I ask what stats you had when saying the US has toughest & best in arms exports?
12:30 AM on 06/01/2012
I'll have to disagree with you on that point, due to the state of the 'Fast and Furious' investigation. The current administration approved at the highest levels to allow arms from our country to flow unchecked into Mexico. The result has been mass murder of not only Mexican citizens, but American citizens and border agents. These actions could have only been approved at the highest levels and not by lower level administrators. Due to the unwillingness of the Justice Department to cooperate with the Congressional investigation, I can only assume it had been implemented in order to enact restrictions of the 2nd amendment. I feel that could be used to argue any arms dealing treaties be enacted to further restrict the rights of any citizen from any country the means of self defence. Agree or disagree, but that is my opinion. 
10:28 PM on 05/30/2012
What i want to know is, why is he going to serve his sentence in Britain!!!!!!. why should the poor British tax payer be expected to fund him at one of her Majesties Hotels, talk about a soft touch country, i can feel the revolution coming, enough is enough.