Part of his continuing series on contemporary Mexican politics and society, contributor Fernando Elizondo examines a new push to put Mexican president Felipe Calderón before the International Criminal Court. You can read his previous reflection on the Mexican drug war here.
Photo: Jolanda Flubacher / World Economic Forum
by Fernando Elizondo
Last week, several human rights organizations filed a complaint before the International Criminal Court against President Felipe Calderón, the Secretaries of Public Security, the Army and the Navy, and the leader of the Sinaloa Cartel Joaquin “El Chapo” Guzmán for their alleged responsibility in committing war crimes and crimes against humanity. The document, signed by 23,000 Mexican citizens asks the ICC prosecutor to investigate the possibility that Calderón, members of his government and one of Mexico’s biggest drug lords can be found at fault resulting from the ongoing War on Drugs currently being waged by the Mexican government.
The filing itself has divided public opinion. On the one hand, people have argued that the petition is an enraging and ridiculous attempt. Some believe that the idea of taking the case before an international court when so little has been done on the national level is absurd. Others claim that the Office of the Prosecutor will never accept the case because it does not constitute crimes under the Rome Statute. However, there are those who believe that a major step has been taken — that after five years of war and nearly 50,000 dead, it is time that Calderón and his government pay for their mistakes.
It is uncertain if there is enough evidence to prosecute the Mexican government or Guzmán for war crimes and crimes against humanity. But I would not entirely dismiss the notion after reviewing the recently released Human Rights Watch report on Mexico. I do agree however, that the situation across Mexico is certainly out of hand and is completely unbearable in some regions.
After listening to several interviews, it is clear that Netzai Sandoval, the human rights lawyer spearheading the effort is not attacking the Mexican government’s strategy in itself. They are not arguing that the War on Drugs, per se, is a violation of international humanitarian law, but that the acts which have taken place in its course (torture by the military and the recruitment of minors to serve as informants) do constitute international criminal activity and those involved should be punished.
The situation took a turn for the worse Sunday night when Calderón’s office released a statement claiming that these are foul accusations that just seek to stain the good name of Mexico before the international community. Additionally, the statement says that the government is currently analyzing legal avenues to prosecute people who make these types of claims in national and international fora.
This is not the first time the Mexican government has made these types of statements. Earlier this year, President Calderón suggested that human rights organizations that oppose the militarization strategy are helping drug cartels to undermine state institutions.
I do not know if the attempt to prosecute the government for international crimes is in itself a good one, or even if it will be fruitful. What I do know is that this is definitely not an act that should be punished by the state. The 23,000 people who signed the complaint should not be persecuted and treated as criminals or traitors. They are only exercising their right to file a complaint before an international body. Furthermore, if we read the government’s statement carefully, they are affirming that they will take legal action against anyone who makes claims of that nature in any national or international forum. Does this mean that anyone who writes or says anything against the War on Drugs and Calderón’s strategy will be legally punished?
I might not fully comprehend or support the approach of the human rights groups, but what I do not condone is the repressive response of the Mexican government. One part of the presidential statement reads: “It’s absurd to even try to equate what a democratic government does to preserve the law and defend families from criminals with crimes against humanity that are committed by authoritarian states, aimed at the extermination of a population for ethnic, religious or political reasons.
Mr. Calderon, I have two main concerns with your statement. First, the “ethnic, religious and political” reference is completely misguided from a legal standpoint, as those are not elements of “crimes against humanity” or “war crimes” according to the Rome Statute. They are in fact, references’ to genocide, of which neither you nor anyone in your government is being accused. Furthermore, the simple fact that your office released a statement of that nature makes me think that your views might be closer in line with those authoritarian states of which you speak.
Fernando Elizondo holds an LL.M. from Harvard Law School.
