7
at times as atrocious as running over children with trucks, the massive and
systematic rape of women, torture and humiliations, the displacement of entire
villages, and the destruction of property." 22
22.
In State crime, there is not only acquiescence, but also planning by the State
authorities, and illegal actions by numerous perpetrators of grave human rights
violations and their collaborators. On the African continent, the 1994 Rwanda
genocide, contrary to what some people may think, was not a “spontaneous ethnic
war,” but rather a deliberately incited genocide, a State crime, with the complicity of
a large number of perpetrators, collectively and jointly responsible for the atrocities
committed. 23 The extermination apparatus assembled left thousands of human
beings totally defenseless.
23.
Regarding defenselessness, I would just add that, against the Hegelian claim
that the history of the world can continue, regardless of justice and injustice,
Dostoyevsky uncovered human suffering in extremis, in Siberia; as revealed in The
House of the Dead, the suffering and despair led him to experience the transcendent.
The secularization of the Hegelian philosophy (which even transformed the State into
the depository of all human liberty), led to the triumph – anticipated with sadness
and lucidity by Dostoyevsky – of the “technical” and “pragmatic” solutions put in
practice throughout the twentieth century, dispensing with all transcendence, and
accompanied by manipulation and acts of barbarity and brutality 24 that made victims
of millions of defenseless human beings.
24.
Throughout the twentieth century, and at the beginning of the twenty-first
century, millions of human beings have been made victims of grave human rights
violations perpetrated by State policies. They have been condemned to hunger and
misery as a result of public policies; they have been subjected to torture and
mistreatment by security and police forces during “social cleansing” operations, they
have been victimized by State terrorism under the pretext of the “fight against
terrorism”; they have been exterminated by “death squads” and by the illegal use of
weapons of mass destruction by the State itself. 25 How can the existence of State
crime continue to be denied – as in most contemporary international legal doctrine?
V.
Further reflections on the planning and execution of massacres
as State crimes
25.
How is it that a broad current of contemporary international legal doctrine
insists in denying the “possibility” of State crime? Regrettably, State crimes are
committed repeatedly and the silent suffering of the numerous defenseless victims
22
.
Ibid., p. 50.
23
.
J.E. Álvarez, "Crimes of States/Crimes of Hate: Lessons from Rwanda", 24 Yale Journal of
International Law (1999) pp. 367, 400 and 467; the incitement to genocide came above all from Radio
Televisión Libre des Mille Collines (RTLM); ibid., p. 423.
24
.
Cf. L. Földényi, Dostoyevski Lee a Hegel en Siberia y Rompe a Llorar, Barcelona, Galaxia
Gutenberg, 2006, pp. 18-19, 25-26, 32-36, 38, 41 and 49-51.
25
.
Cf. P. Green and T. Ward, State Crime - Governments, Violence and Corruption, London, Pluto
Press, 2004, pp. 1, 30-31, 66, 68, 107, 111, 117, 149, 153, 159, 201 and 209.