Giandonato Caggiano - Italy

Director of the Italian Society for International Organization

ABSTRACT: The end of the Cold War has triggered nationalist and ethnic conflicts. Coups d'état and civil wars jeopardize the world security. The protection of human rights cannot occur in a "polluted" context. Hate, fear and power are feelings that can bias the judges. The revenge of justice could become extermination. The fact that the court for crimes committed in the former Yugoslavia excludes the application of the death penalty is a breakthrough.

("HANDS OFF CAIN", 1 February 1994)

The Brussels congress has decided to ask the Security Council to intervene in the situations of coups d'état or civil war that represent a threat to peace and to world security, adopting a moratorium of the executions and resorting to all measures envisioned by the United Nations in cases of violations.

In spite of the end of the cold war, areas of tensions and nationalist and ethnic conflicts persist all over the world; in fact, precisely the end of the cold war triggered situations of difficult coexistence among particular groups, ethnic groups and interests. The risk of coups d'état, of civil wars, opportunities for revenge for offences suffered are commonplace. Many of these tragic occasions, which involve neighbouring states, have repercussions on the precarious balance of the alliances and of the universal and regional defense systems. For these reasons, civil wars represent a threat to the international security and call for the competence of the Security Council, implying the application of Chapter VII of the Charter of the United Nations.

On such occasions, the protection of human rights - namely the exercise of justice according to the most elementary rules of the procedure - takes place in a highly "polluted" context. Hate, fear for the averted danger or the "excitement" caused by the recent taking of power are highly suspicious feelings for the "impartiality" of the judge's judgment.

In the case of tyrants or bloody revolutionaries, the application of the death penalty as an exemplary and immediate penalty, appears to be the most probable and immediate consequence of the process. For instance, this has taken place in Rumania, with the execution of Ceaucescu.

The "revenge of justice" can assume the characteristics of an actual extermination: death sentences are carried out against individuals who are accused only of moral complicity or who are guilty of belonging to a same group, party or faction.

For these reasons, it is a highly important juridical, political and moral objective for the international community to succeed in applying a moratorium of the executions in cases of coups d'état, civil wars or similar situations.

The Security Council could, and should, claim a power of investigation and impose a moratorium of the death sentences for a fixed time: at least until there are clear elements that prove that the most elementary characteristics of a "just justice" are respected. In similar situations, the best thing would be for the Security Council to ban the application of the death penalty altogether.

The path has been opened up by the recent tribunal for crimes committed in the former Yugoslavia, which excludes the application of the death penalty also against the authors of the most heinous crimes.

Further spaces of freedom must be created; to affirm man's right not to be deprived of life, not even by a legally established tribunal.