-Caveat Lector-

The Independent (London)
August 24, 2002, Saturday

- Comment -

IT IS NOT MY JOB TO PROVIDE THE EVIDENCE FOR A WAR CRIMES TRIAL
A reporter's job does not include joining the prosecution. We are
witnesses and we name, if we can, the bad guys.

Robert Fisk

   Three Western war crimes investigators turned up to see me in Beirut
last week.  No, they didn't come to talk about the Bosnian war.  They
wanted to know about torture at Israel's notorious Khiam jail in southern
Lebanon, about beatings and imprisonment in cupboard-size cells and
electrodes applied to the toes and penises of inmates under interrogation.
Most of the torturers were Lebanese members of Israel's proxy "South
Lebanon Army" militia, and they performed their vile work for the Israelis
- on women as well as men - from the late Seventies until Israel's
withdrawal in 2000: almost a quarter of a century of torture. Khiam prison
is still there, open to the public, a living testament to brutality and
Israeli shame.

   The problem is that Israel is now trying to dump its Lebanese torturers
on Western countries.  Sweden, Canada, Norway, France, Germany and other
nations are being asked to give citizenship to these repulsive men in
the interests of "peace" - and also because the Israeli government would
prefer they left Israel. The three investigators - two cops and a justice
ministry official - had come to Beirut to make sure that their government
wasn't about to give citizenship to Israel's war criminals.  And they
knew what they were talking about. We both knew that one former torturer
was living in Sweden with his two sons, and that another had opened two
restaurants in America. And I was happy to chat to them.  But chatting is
one thing. Testifying is quite another. I make this point because the BBC
told me last week that their Belgrade correspondent, Jacky Rowland, was
planning to testify against Slobodan Milosevic at The Hague war crimes
tribunal. I was invited this week to participate in a BBC radio interview
with yet another BBC man who had given evidence at The Hague, Dan Damon.

   And, in fact, I received a phone call from one of The Hague
investigators a few weeks ago, wanting to know if I had accompanied
a European Union delegation to a Bosnian concentration camp in 1982.
I had travelled with the EU men to two camps - not the one that The Hague
investigator was interested in. But this was not the first call I've had
from The Hague and I pointed out this time - as I had before - that I
didn't believe journalists should be policemen. My articles could be used
by anyone at The Hague and I was more than ready to sign a letter to the
effect that they were accurate.  But that was all.

   So when Dan Damon of the BBC argued on air this week that the written
or spoken report might not be "believed" if a reporter wasn't ready to
testify in a court, I was a bit taken aback.  In many cases, The Hague
has commenced proceedings against war criminals on the basis of newspaper
articles and television programmes.  No one, so far as I know, has ever
questioned our reports on Serbian, Croatian - and, yes, Muslim Bosnian -
war crimes. In fact, I suspect Dan's argument was a bit of a smokescreen
to cover his own concern about the boundaries of journalism.

   I know, of course, how the arguments go. I may be a journalist, says
the reporter as he or she turns up to the court, but I am also a human
being. A time must come when a journalist's rules are outweighed by moral
conscience. I don't like this argument.  Firstly, because the implication
is that journalists who don't intend to testify are not human beings; and
secondly, because it suggests that reporters in general don't normally
work with a moral conscience.  Jonathan Randal, who worked for The
Washington Post in Bosnia and has told The Hague tribunal that he will not
testify against a Serb defendant, understands this all too well.

   What worries me, though, is that journalism includes an element of
masquerade if we cover wars as reporters and then participate in the
prosecution of the bad guys at the request of a court whose writ extends
only to those war crimes which it sees fit - or which the West sees fit -
to investigate. Jacky Rowland of the BBC, for example, did not - while
reporting the Balkan atrocities - turn up on Serbian assignments with
the words: "I'm from the BBC and - if your lot lose - I'm ready to help in
your prosecution". Indeed, if she had said that, she wouldn't have had the
chance to undertake many more reporting assignments. Nor would any of us.
But - if it's now going to be the habit for BBC reporters to turn up as
prosecution witnesses at The Hague - heaven spare any of us in the future.

  Now I have nothing against Jacky Rowland's reports. And if she feels her
testimony is vital to convicting Mr Milosevic, that's up to her. But this
story has another side. For Ms Rowland is not planning to attend The Hague
court because she has chosen to give evidence against the former Serb
leader.  She is travelling to The Hague because the Western powers have
decided that she should be permitted to testify against Mr Milosevic -
though not, of course, against alleged war criminals of equal awfulness
in other parts of the world.

   Let me explain. Over 26 years, I've seen many war crimes in the Middle
East.  I was in Hama when Syrian Special Forces were killing up to 20,000
civilians during a Muslim revolt in 1982.  I was at the Sabra and Chatila
camps the same year when Israel's Phalangist thugs were butchering 1,700
Palestinian civilians. I was with Iranian soldiers when Iraqi troops fired
gas shells into them. I was in Algeria after the throat-slitting bloodbath
of Bentalha, for which Algerian soldiers have since been implicated.

   And Ibelieve that those responsible for these atrocities should be
put before a court. Rifaat Assad, the late Syrian president's brother, was
responsible for Hama. He lives in Spain. But of course, no one is planning
to put him before a court.  Ariel Sharon - held "personally responsible"
by his own country's inquiry into Sabra and Chatila - is now the Prime
Minister of Israel.  The Iraqi army is safe from prosecution - indeed, we
are inviting it to overthrow Saddam Hussein.

   So if any reporter wants to testify against the above gentlemen,
they can forget it.  Ms Rowland will not be invited to put Mr Assad or
Mr Sharon behind bars.  In fact, Belgium has just done its best to stop
the survivors of Sabra and Chatila from ever testifying against Mr Sharon
in Brussels.

   And there you have it in a nutshell.  We journalists are not being
asked to testify in the interests of international justice.  Ms Rowland
is going to testify against a criminal whom we now wish to try; and we
should remember that back in 1995, when we needed Mr Milosevic to sign the
Dayton agreement, Ms Rowland was not wanted by The Hague or anyone else.

   As far as I'm concerned, I'm always ready to meet war crimes
investigators. I admire most of those I have met.  And if we ever have
an international court to try all the villains, I might change my mind.
But until then, a reporter's job does not include joining the prosecution.
We are witnesses and we write our testimony and we name, if we can, the
bad guys. Then it is for the world to act.  Not us.

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