Nelson Mandela’s Defense Statement at His Trial (April 1964)

As we have seen, the fifth and last concert in South Africa by the Minnesota Orchestra was in Johannesburg, which with a population of 4.4 million in a metropolitan area of 8.0 million is the largest city in South Africa and one of the 50 largest urban areas in the world. It is the provincial capital and largest city of Gauteng, which is the wealthiest province in South Africa. The city was established in 1886 following the discovery of gold.

There are at least three statements by Nelson Mandela which relate to Johannesburg. The first, which will be discussed below, is his statement in his defense against criminal charges in the Rivonia Trial, April 1964. The other two will be covered in subsequent posts: his newspaper article about South Africa’s first decade of democracy, April 2004 and his statement on retirement from public affairs, June 2004.

The Rivonia Trial

On July 13, 1983, Mandela and nine other anti-apartheid members of the African National Congress (ANC), who were hiding out at a farm near Rivonia, a suburb of Johannesburg, were discovered by the police, arrested and jailed.

Their criminal trial commenced on October 9, 1993, in a court in nearby Pretoria on the following charges:

  • “recruiting persons for training in the preparation and use of explosives and in guerrilla warfare for the purpose of violent revolution and committing acts of sabotage;
  • conspiring to commit the aforementioned acts and to aid foreign military units when they invaded the Republic;
  • acting in these ways to further the objects of communism; and
  • soliciting and receiving money for these purposes from sympathisers in Algeria, Ethiopia, Liberia, Nigeria, Tunisia, and elsewhere.”

The trial ended on June 12, 1964, with the court convicting Mandela and seven of the other defendants on all four counts and sentencing them to life imprisonment. Mandela and six others were sent to the prison on Robben Island near Cape Town. The other defendant, who was white (Goldberg), was sent to Pretoria Central Prison, which at the time had the only security wing for white political prisoners in the country. Below is a photograph of Mandela during the trial. 

 

 

 

Mandela’s Statement at the Rivonia Trial [1]

After the prosecution had finished its case, on April 20, 1964, the trial turned to the defendants to offer their evidence, and Mandela, an attorney, opened this phase with a three-hour speech from the dock (not the witness stand) that became the emotional center of the trial and thereafter generally was considered one of the great speeches of the 20th century and a key moment in the history of South African democracy. Mandela concluded with these words, “I am prepared to die,” which became the name given to this speech, which is extracted below.

“In my youth in the Transkei [2] I listened to the elders of my tribe telling stories of the old days. Amongst the tales they related to me were those of wars fought by our ancestors in defence of the fatherland. The names of . . . [our leaders] were praised as the pride and the glory of the entire African nation. I hoped then that life might offer me the opportunity to serve my people and make my own humble contribution to their freedom struggle. This is what has motivated me in all that I have done in relation to the charges made against me in this case.”

“I do not however, deny that I planned sabotage. I did not plan it in a spirit of recklessness, nor because I have any love for violence. I planned it as a result of a calm and sober assessment of the political situation that had arisen after many years of tyranny, exploitation, and oppressionof my people by the whites.”

“I was one of the persons who helped to form Umkhonto [we Sizwe or MK or Spear of the Nation] as the armed wing of the African National Congress (ANC)]. I, and the others who started the organisation, did so for two reasons.”

“ Firstly, we believed that as a result of Government policy, violence by the African people had become inevitable, and that unless responsible leadership was given to canalise and control the feelings of our people, there would be outbreaks of terrorism which would produce an intensityof bitterness and hostility between the various races of the country which is not produced even by war.”

“Secondly, we felt that without sabotage there would be no way open to the African people to succeed in their struggle against the principle of white supremacy. All lawful modes of expressing opposition to this principle had been closed by legislation, and we were placed in a position in which we had either to accept a permanent state of inferiority, or to defy the Government. We chose to defy the Government. We first broke the law in a way which avoided any recourse to violence; when this form was legislated against, and when the Government resorted to a show of force to crush opposition to its policies, only then did we decide to answer violence with violence.”

“But the violence which we chose to adopt was not terrorism. We who formed [MK] were all members of the [ANC], and had behind us the ANC tradition of non-violence and negotiation as a means of solving political disputes. We believed that South Africa belonged to all the people who lived in it, and not to one group, be it black or white. We did not want an inter-racial war, and tried to avoid it to the last minute. . . . “

Mandela then reviewed the history of the ANC from its founding in 1912 until 1949, during which “it adhered strictly to a constitutional struggle. It put forward demands and resolutions; it sent delegations to the Government in the belief that African grievances could be settled through peaceful discussion and that Africans could advance gradually to full political rights. But white governments remained unmoved, and the rights of Africans became less instead of becoming greater.. . .”

“Even after 1949, the ANC remained determined to avoid violence. At this time, however, there was a change from the strictly constitutional means of protest which had been employed in the past. The change was embodied in a decision which was taken to protest against apartheid legislation by peaceful, but unlawful, demonstrations against certain laws. . . .”

“In 1956, [ Mandela and other ANC leaders] . . . were arrested on a charge of High Treason and charges under the Suppression of Communism Act. The non-violent policy of the ANC was put in issue by the State, but when the Court gave judgement some five years later, it found that the ANC did not have a policy of violence. We were acquitted on all counts, which included a count that the ANC sought to set up a Communist State in place of the existing regime. . . .”

“In 1960 there was the shooting at Sharpeville, which resulted in the [Government’s] proclamation of a State of Emergency and the declaration of the ANC as an unlawful organisation. My colleagues and I, after careful consideration, decided that we would not obey this decree. The African people were not part of the Government and did not make the laws by which they were governed. We believed in the words of the Universal Declaration of Human Rights, that “the will of the people shall be the basis of authority of the Government”, and for us to accept the banning was equivalent to accepting the silencing of the African people for all time. The ANC refused to dissolve, but instead went underground. . . .”

“In 1960 the government held a referendum which led to the establishment of the Republic. Africans, who constituted approximately 70 per cent of the population of South Africa, were not entitled to vote, and were not even consulted about the proposed constitutional change. All of us were apprehensive of our future under the proposed white republic, and a resolution was taken to hold an All-In African Conference to call for a National Convention, and to organise mass demonstrations on the eve of the unwanted Republic, if the Government failed to call the Convention. The conference was attended by Africans of various political persuasions. I was the Honorary Secretary of the Conference, and undertook to be responsible for organising the national stay-at-home which was subsequently called to coincide with the declaration of the Republic. As all strikes by Africans are illegal, the person organising such a strike must avoid arrest. I was chosen to be this person, and consequently I had to leave my home and my family and my [law] practice and go into hiding to avoid arrest.”

“The stay-at-home, in accordance with ANC policy, was to be a peaceful demonstration. Careful instructions were given to organisers and members to avoid any recourse to violence. The Government’s answer was to introduce new and harsher laws, to mobilize its armed forces, and to send Saracens [Muslims], armed vehicles, and soldiers into the townships in a massive show of force designed to intimidate the people. This was an indication that the Government had decided to rule by force alone, and this decision was a milestone on the road to [the establishment of [MK].”

“[June 1961.] What were we, the leaders of our people, to do? Were we to give in to the show of force and the implied threat against future action, or were we to fight it out and, if so, how?”

“We had no doubt that we had to continue the fight. Anything else would have been abject surrender. Our problem . . . was not whether to fight, but was how to continue the fight. We of the ANC had always stood for a non-racial democracy, and we shrank from any action which might drive the races further apart than they already were. But the hard facts were that fifty years of non-violence had brought the African people nothing but more and more repressive legislation, and fewer and fewer rights.”

“It must not be forgotten . . .that by this time violence had, in fact, become a feature of the South African political scene. There had been violence in 1957 when the women of Zeerust were ordered to carry passes; there was violence in 1958 with the enforcement of Bantu Authorities and cattle culling in Sekhukhuneland; there was violence in 1959 when the people of Cato Manor protested against pass raids; there was violence in 1960 when the Government attempted to impose Bantu Authorities in Pondoland. . . . In 1961 there had been riots in Warmbaths, and all this time . . . the Transkei had been a seething mass of unrest. Each disturbance pointed clearly to the inevitable growth amongst Africans of the belief that violence was the only way out – it showed that a Government which uses force to maintain its rule teaches the oppressed to use force to oppose it. Already small groups had arisen in the urban areas and were spontaneously making plans for violent forms of political struggle. There now arose a danger that these groups would adopt terrorism against Africans, as well as whites, if not properly directed. . . . It was increasingly taking the form, not of struggle against the Government – though this is what prompted it – but of civil strife between pro-government chiefs and those opposed to them conducted in such a way that it could not hope to achieve anything other than a loss of life, and bitterness”.

“At the beginning of June 1961, after a long and anxious assessment of the South African situation, I, and some colleagues, came to the conclusion that as violence [in this country] was inevitable, it would be unrealistic and wrong for African leaders to continue preaching peace and non-violence at a time when the Government met our peaceful demands with force.”

“This conclusion . . . was not easily arrived at. It was only when all else had failed, when all channels of peaceful protest had been barred to us, that the decision was made to embark on violent forms of struggle, and to form . . . [MK]. We did so not because we desired such a course, but solely because the Government had left us with no other choice. . . .”

“As far as the ANC was concerned, it formed a clear view which can be summarised as follows:

  • It was a mass political organisation with a political function to fulfil. Its members had joined on the express policy of non-violence.
  • Because of all this, it could not and would not undertake violence. This must be stressed. One cannot turn such a body into the small, closely knit organisation required for sabotage. Nor would this be politically correct, because it would result in members ceasing to carry out this essential activity: political propaganda and organisation. Nor was it permissible to change the whole nature of the organisation.
  • On the other hand, in view of this situation I have described, the ANC was prepared to depart from its fifty-year-old policy of non-violence to this extent that it would no longer disapprove of properly controlled sabotage. Hence members who undertook such activity would not be subject to disciplinary action by the ANC. . . .”

“As a result of this [ANC] decision,. . .[MK] was formed in November 1961.. . . We felt that the country was drifting towards a civil war in which blacks and whites would fight each other., , [We viewed] the situation with alarm. Civil war would mean the destruction of what the ANC stood for; with civil war, racial peace would be more difficult than ever to achieve. We already had examples in South African history of the results of war. It has taken more than fifty years for the scars of the South African War to disappear. How much longer would it take to eradicate the scars of inter-racial civil war, which could not be fought without a great loss of life on both sides?”

“The avoidance of civil war had dominated our thinking for many years, but when we decided to adopt sabotage as part of our policy, we realised that we might one day have to face the prospect of such a war. This had to be taken into account in formulating our plans. We required a plan which was flexible, and which permitted us to act in accordance with the needs of the times; above all, the plan had to be one which recognized civil war as the last resort, and left the decision on this question to the future. We did not want to be committed to civil war, but we wanted to be ready if it became inevitable.”

“Four forms of violence are possible. There is sabotage, there is guerrilla warfare, there is terrorism, and there is open revolution. We chose to adopt the first method and to test it fully before taking any other decision.”

“In the light of our political background the choice was a logical one. Sabotage did not involve loss of life, and it offered the best hope for future race relations. Bitterness would be kept to a minimum and, if the policy bore fruit, democratic government could become a reality. This is what we felt at the time, and this is what we said in our Manifesto. . . “

“The initial plan was based on a careful analysis of the political and economic situation of our country. We believed that South Africa depended to a large extent on foreign capital and foreign trade. We felt that planned destruction of power plants, and interference with rail and telephone communications would tend to scare away capital from the country, make it more difficult for goods from the industrial areas to reach the seaports on schedule, and would in the long run be a heavy drain on the economic life of the country, thus compelling the voters of the country to reconsider their position.”

“Attacks on the economic life lines of the country were to be linked with sabotage on Government buildings and other symbols of apartheid. These attacks would serve as a source of inspiration to our people and encourage them to participate in non-violent mass action such as strikes. In addition, they would provide an outlet for those people who were urging the adoption of violent methods and would enable us to give concrete proof to our followers that we had adopted a stronger line, and we were fighting back against Government violence.”

“In addition, if mass action were successfully organised, and mass reprisals taken, we felt that sympathy for our cause would be roused in other countries, and that greater pressure would be brought to bear on the South African Government.”

“This then . . .was the plan. [MK] was to perform sabotage, and strict instructions were given to its members right from the start, that on no account were they to injure or kill people in planning or carrying out operations.. . . “

“[MK] . . . had its first operation on the 16th of December 1961, when Government buildings in Johannesburg, Port Elizabeth and Durban were attacked. The selection of targets is proof of the policy to which I have referred. Had we intended to attack life, we would have selected targets where people congregated and not empty buildings and power stations.. . .”

“The Manifesto of . . .[MK} was issued on the day that operations commenced. The response to our actions and Manifesto among the white population was characteristically violent. The Government threatened to take strong action, and called upon its supporters to stand firm and to ignore the demands of the Africans. The whites failed to respond by suggesting change; they responded to our call by retreating behind the laager [an encampment formed by a circle of wagons].”

“In contrast, the response of the Africans was one of encouragement. Suddenly there was hope again. Things were happening. People in the townships became eager for political news. A great deal of enthusiasm was generated by the initial successes, and people began to speculate on how soon freedom would be obtained.”

“But we in . . . [MK} weighed up the whites’ response with anxiety. The lines were being drawn. The whites and blacks were moving into separate camps, and the prospects of avoiding a civil war were diminishing. The white newspapers carried reports that sabotage would be punished by death. If this was so, how could we continue to keep Africans away from terrorism?”

“I now . . . turn to the question of guerrilla warfare and how it came to be considered. By 1961 scores of Africans had died as a result of racial friction, . . . . [including the March 21, 1960 killing of 69 unarmed Africans at Sharpeville].”

“How many more Sharpevilles would there be in the history of our country? And how many more Sharpevilles could the country stand without violence and terror becoming the order of the day? And what would happen to our people when that stage was reached? In the long run we felt certain we must succeed, but at what cost to ourselves and the rest of the country? And if this happened, how could black and white ever live together again in peace and harmony? These were the problems that faced us, and these were our decisions.”

“Experience convinced us that rebellion would offer the Government limitless opportunities for the indiscriminate slaughter of our people. But it was precisely because the soil of South Africa is already drenched with the blood of innocent Africans that we felt it our duty to make preparations as a long-term undertaking to use force in order to defend ourselves against force. If war became inevitable, we wanted to be ready when the time came, and for the fight to be conducted on terms most favourable to our people. The fight which held out the best prospects for us and the least risk of life to both sides was guerrilla warfare. We decided, therefore, in our preparations for the future, to make provision for the possibility of guerrilla warfare.”

“The ideological creed of the ANC is, and always has been, the creed of African Nationalism. It is not the concept of African Nationalism expressed in the cry, ‘Drive the White man into the sea’. The African Nationalism for which the ANC stands is the concept of freedom and fulfilment for the African people in their own land. The most important political document ever adopted by the ANC is the Freedom Charter. [3] It is by no means a blueprint for a socialist state. It calls for redistribution, but not nationalisation, of land; it provides for nationalisation of mines, banks, and monopoly industry, because . . . big monopolies are owned by one race only, and without such nationalisation racial domination would be perpetuated despite the spread of political power. It would be a hollow gesture to repeal the Gold Law prohibitions against Africans when all gold mines are owned by European companies. In this respect the ANC’s policy corresponds with the old policy of the present Nationalist Party which, for many years, had as part of its programme the nationalisation of the gold mines which, at that time, were controlled by foreign capital. Under the Freedom Charter, nationalisation would take place in an economy based on private enterprise. The realisation of the Freedom Charter would open up fresh fields for a prosperous African population of all classes, including the middle class. The ANC has never at any period of its history advocated a revolutionary change in the economic structure of the country, nor has it, to the best of my recollection, ever condemned capitalist society. . . .”

“The ANC, unlike the Communist Party, admitted Africans only as members. Its chief goal was, and is, for the African people to win unity and full political rights. The Communist Party’s main aim, on the other hand, was to remove the capitalists and to replace them with a working-class government. The Communist Party sought to emphasise class distinctions whilst the ANC seeks to harmonise them. This is . . . a vital distinction.”

“It is true that there has often been close co-operation between the ANC and the Communist Party. But co-operation is merely proof of a common goal – in this case the removal of white supremacy – and is not proof of a complete community of interests. . . . ”

”I have denied that I am a communist, and I think in the circumstances I am obliged to state exactly what my political beliefs are in order to explain what my position in . . . [MK] was, and what my attitude towards the use of force is.”

“I have always regarded myself, in the first place, as an African patriot. After all, I was born in Umtata, forty-six years ago. My guardian was my cousin, who was the acting paramount chief of Thembuland, and I am related both to Sabata Dalindyebo, the present paramount chief, and to Kaiser Matanzima, the Chief Minister for the Transkei.” [2]

“Today I am attracted by the idea of a classless society, an attraction which springs in part from Marxist reading and, in part, from my admiration of the structure and organisation of early African societies in this country. The land, then the main means of production, belonged to the tribe. There was no rich or poor and there was no exploitation.”

“It is true . . . that I have been influenced by Marxist thought. But this is also true of many of the leaders of the new independent states. Such widely different persons as Gandhi, Nehru, Nkrumah, and Nasser all acknowledge this fact. We all accept the need for some form of socialism to enable our people to catch up with the advanced countries of the world and to overcome their legacy of extreme poverty. But this does not mean we are Marxists.”

“ I believe it is open to debate whether the Communist Party has any specific role to play at this particular stage of our political struggle. The basic task at the present moment is the removal of race discrimination and the attainment of democratic rights on the basis of the Freedom Charter, and a struggle which can best be led by a strong ANC. In so far as that Party furthers this task, I welcome its assistance. I realise that it is one of the main means by which people of all races can be drawn into our struggle.”

“But from my reading of Marxist literature and from conversations with Marxists, I have gained the impression that communists regard the parliamentary system of the West as undemocratic and reactionary. But, on the contrary, I am an admirer of such a system. The Magna Carta, the Petition of Rights, the Bill of Rights are documents which are held in veneration by democrats throughout the world.”

“I have great respect for British political institutions, and for the country’s system of justice. I regard the British Parliament as the most democratic institution in the world, and the independence and impartiality of its judiciary never fail to arouse my admiration. The American Congress, that country’s doctrine of separation of powers, as well as the independence of its judiciary, arouse in me similar sentiments.”

“I have been influenced in my thinking by both West and East. All this has led me to feel that in my search for a political formula, I should be absolutely impartial and objective. I should tie myself to no particular system of society other than that of socialism. I must leave myself free to borrow the best from West and from the East.”

“Our political struggle has always been financed from internal sources – from funds raised by our own people and by our own supporters. Whenever we had a special campaign or an important political case we received financial assistance from sympathetic individuals and organisations in the Western countries. We have never felt it necessary to go beyond these sources.”

“But when in 1961 . . . [MK} was formed, and a new phase of struggle introduced, we realised that these events would make a heavy call on our slender resources, and that the scale of our activities would be hampered by lack of funds. One of my instructions, as I went abroad in January 1962, was to raise funds from the African states. . . .”

“On my return to the Republic, I made a strong recommendation to the ANC that we should not confine ourselves to Africa and the Western countries, but that we should also send a mission to the socialist countries to raise the funds which we so urgently needed.”

“Our fight is against real and not imaginary hardships. . . . Basically . . . fight against two features which are the hallmarks of African life in South Africa and which are entrenched by legislation which we seek to have repealed. These features are poverty and lack of human dignity, and we do not need communists or so-called ‘agitators’ to teach us about these things.”

“South Africa is the richest country in Africa, and could be one of the richest countries in the world. But it is a land of extremes and remarkable contrasts. The whites enjoy what may well be the highest standard of living in the world, whilst Africans live in poverty and misery. Forty per cent of the Africans live in hopelessly overcrowded and, in some cases, drought-stricken reserves, where soil erosion and the overworking of the soil makes it impossible for them to live properly off the land. Thirty per cent are labourers, labour tenants, and squatters on white farms and work and live under conditions similar to those of the serfs of the Middle Ages. The other thirty per cent live in towns where they have developed economic and social habits which bring them closer in many respects to white standards. Yet most Africans, even in this group, are impoverished by low incomes and the high cost of living. . . .”

“Poverty goes hand in hand with malnutrition and disease. The incidence of malnutrition and deficiency diseases is very high amongst Africans. Tuberculosis, pellagra, kwashiorkor, gastro- enteritis, and scurvy bring death and destruction of health. The incidence of infant mortality is one of the highest in the world. . . .  The secondary results of such conditions affect the whole community and the standard of work performed by Africans.”

“The complaint of Africans, however, is not only that they are poor and whites are rich, but that the laws which are made by the whites are designed to preserve this situation.”

“There are two ways to break out of poverty. The first is by formal education, and the second is by the worker acquiring a greater skill at his work and thus higher wages. As far as Africans are concerned, both these avenues of advancement are deliberately curtailed by legislation.”

“I ask the Court to remember that the present Government has always sought to hamper Africans in their search for education. . . . ”

“There is compulsory education for all white children at virtually no cost to their parents, be they rich or poor. Similar facilities are not provided for the African children, though there are some who receive such assistance. African children, however, generally have to pay more for their schooling than whites. . . .The quality of education is also different. . . .”

“The other main obstacle to the economic advancement of the African is the Industrial Colour Bar under which all the better paid, better jobs of industry are reserved for whites only. Moreover, Africans in the unskilled and semi-skilled occupations which are open to them are not allowed to form trade unions which have recognition under the Industrial Conciliation Act. . ..“

“The Government often answers its critics by saying that Africans in South Africa are economically better off than the inhabitants of the other countries in Africa. I do not know whether this statement is true. . . But even if it is true, as far as African people are concerned, it is irrelevant. Our complaint is not that we are poor by comparison with people in other countries, but that we are poor by comparison with white people in our own country, and that we are prevented by legislation from altering this imbalance.”

“The lack of human dignity experienced by Africans is the direct result of the policy of white supremacy. White supremacy implies black inferiority. Legislation designed to preserve white supremacy entrenches this notion. Menial tasks in South Africa are invariably performed by Africans. When anything has to be carried or cleaned the white man will look around for an African to do it for him, whether the African is employed by him or not. Because of this sort of attitude, whites tend to regard Africans as a separate breed. They do not look upon them as people with families of their own; they do not realise that we have emotions – that we fall in love like white people do; that we want to be with their wives and children like white people want to be with theirs; that we want to earn money, enough money to support our families properly, to feed and clothe them and send them to school. And what ‘house-boy’ or ‘garden- boy’ or labourer can ever hope to do this?”

“Pass laws, which to the Africans are among the most hated bits of legislation in South Africa, render any African liable to police surveillance at any time. I doubt whether there is a single African male in South Africa who has not at some stage had a brush with the police over his pass. Hundreds and thousands of Africans are thrown into jail each year under pass laws. Even worse than this is the fact that pass laws keep husband and wife apart and lead to the breakdown of family life.”

“Poverty and the breakdown of family life have secondary effects. Children wander about the streets of the townships because they have no schools to go to, or no money to enable them to go to school, or no parents at home to see that they go to school, because both parents, if there be two, have to work to keep the family alive. This leads to a breakdown in moral standards, to an alarming rise in illegitimacy, and to growing violence which erupts not only politically, but everywhere. Life in the townships is dangerous. There is not a day that goes by without somebody being stabbed or assaulted. And violence is carried out of the townships into the white living areas. People are afraid to walk alone in the streets after dark. Housebreakings and robberies are increasing, despite the fact that the death sentence can now be imposed for such offences. Death sentences cannot cure the festering sore.”

“The only cure is to alter the conditions under which Africans are forced to live and to meet their legitimate grievances. Africans want to be paid a living wage. Africans want to perform work which they are capable of doing, and not work which the Government declares them to be capable of. We want to be allowed to live where we obtain work, and not be endorsed out of an area because we were not born there. We want to be allowed and not to be obliged to live in rented houses which we can never call our own. We want to be part of the general population, and not confined to living in our ghettoes. African men want to have their wives and children to live with them where they work, and not to be forced into an unnatural existence in men’s hostels. Our women want to be with their men folk and not to be left permanently widowed in the reserves. We want to be allowed out after eleven o’clock at night and not to be confined to our rooms like little children. We want to be allowed to travel in our own country and to seek work where we want to, where we want to and not where the Labour Bureau tells us to. We want a just share in the whole of South Africa; we want security and a stake in society.”

“Above all, . . .we want equal political rights, because without them our disabilities will be permanent. I know this sounds revolutionary to the whites in this country, because the majority of voters will be Africans. This makes the white man fear democracy.”

“But this fear cannot be allowed to stand in the way of the only solution which will guarantee racial harmony and freedom for all. It is not true that the enfranchisement of all will result in racial domination. Political division, based on colour, is entirely artificial and, when it disappears, so will the domination of one colour group by another. The ANC has spent half a century fighting against racialism. When it triumphs as it certainly must, it will not change that policy.”

This then is what the ANC is fighting. Our struggle is a truly national one. It is a struggle of the African people, inspired by our own suffering and our own experience. It is a struggle for the right to live.” (Emphasis added.)

“During my lifetime I have dedicated my life to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons will live together in harmony and with equal opportunities. It is an ideal for which I hope to live for and to see realised. But, My Lord, if it needs be, it is an ideal for which I am prepared to die.” (Emphasis added.)

================================

[1] Nelson Mandela Foundation, I am prepared to die (April 20, 1964); Rivonia Trial 1963-1964,, South Africa History Organization; Rivonia Trial, Wikipedia; I Am Prepared to Die, Wikipedia.

[2] Until 1994, Transkei was an unrecognized independent state in the southeastern region of South Africa; in 1994 it was integrated into South Africa as part of the Eastern Cape Province. (Transkei, Wikipedia.)

[3] The ANC’s Freedom Charter, which was adopted in June 1955 by the Congress of the People, demanded a non-racial South Africa, democracy, human rights, land reform, labor rights and nationalization. (Freedom Charter, Wikipedia.)

 

 

 

 

New U.S. Annual Report on Human Rights Around the World

On April 20 the U.S. State Department released its 2017 Country Reports on Human Rights Practices.  Acting Secretary of State John J. Sullivan wrote the Preface to the Reports and made remarks upon their release while a Special Briefing on the Reports was conducted by Ambassador Michael G. Kozak, the head of the Department’s Bureau of Democracy, Human Rights and Labor.

These three introductions to the Reports will be discussed below, and a future post will review the report on Cuba.

Preface by Acting Secretary of State Sullivan[1]

“We are a nation founded on the belief that every person is endowed with inalienable rights. Promoting and defending these rights is central to who we are as a country.”

“The 2017 Country Reports on Human Rights Practices . . . document the status of human rights and worker rights in nearly 200 countries and territories. These reports are required by U.S. law and are used by a variety of actors, including the U.S. Congress, the Executive branch, and the Judicial branch as a factual resource for decision-making in matters ranging from assistance to asylum.”

“The 2017 U.S. National Security Strategy recognizes that corrupt and weak governance threatens global stability and U.S. interests. Some governments are unable to maintain security and meet the basic needs of their people, while others are simply unwilling. States that restrict freedoms of expression and peaceful assembly; that allow and commit violence against members of religious, ethnic, and other minority groups; or that undermine the fundamental dignity of persons are morally reprehensible and undermine our interests. The Governments of China, Russia, Iran, and North Korea, for example, violate the human rights of those within their borders on a daily basis and are forces of instability as a result.”

“Our foreign policy reflects who we are and promotes freedom as a matter of principle and interest. We seek to lead other nations by example in promoting just and effective governance based on the rule of law and respect for human rights. The United States will continue to support those around the world struggling for human dignity and liberty.”

Remarks by Acting Secretary of State  Sullivan[2]

The Acting Secretary noted that this was the 42nd year of such reports, which “are a natural outgrowth of our values as Americans. The founding documents of our country speak to unalienable rights, fundamental freedoms, and the rule of law – revolutionary concepts at the time of our founding that are now woven into the fabric of America and its interests both at home and abroad.”

“Promoting human rights and the idea that every person has inherent dignity is a core element of this administration’s foreign policy. It also strengthens U.S. national security by fostering greater peace, stability, and prosperity around the world. The Human Rights Reports are the most comprehensive and factual accounting of the global state of human rights. They help our government and others formulate policies and encourage both friends and foes to respect the dignity of all individuals without discrimination.”

“This year, we have sharpened the focus of the report to be more responsive to statutory reporting requirements and more focused on government action or inaction with regard to the promotion and protection of human rights. For example, each executive summary includes a paragraph to note the most egregious abuses that occurred in a particular country, including those against women, LGBTI persons, persons with disabilities, indigenous persons, and members of religious minorities.”

Sullivan then had comments about some countries “with the most egregious human rights records:” Syria, Burma, North Korea (DPRK), China, Iran, Turkey, Venezuela and Russia. He concluded by noted three countries with improvements: Uzbekistan, Liberia and Mexico.

Briefing by Ambassador Kozak[3]

Responding to a journalist’s question whether the U.S. issuance of this report could be regarded as hypocrisy because of U.S. human rights problems, the Ambassador said that this would be an unfounded charge. The report criticizes some country’s revoking licenses of media that criticize the government and even killing journalists; the U.S. does not do that. He also said the U.S. has laws to protect foreigners from being returned to countries where they are likely to face illegal persecution.

Nozak rejected the notion that the report was weakened by President Trump’s calling the U.S. press an enemy of the people and suggesting changing U.S. libel laws to protect politicians like him from unfounded reporting. In contrast he said independent journalists in Cuba “are routinely slapped around, they also get called names, “

This year’s report omitted a special section on women’s reproductive rights because it is not a term derived from an international treaty or from the U.S. statute requiring these annual reports; the latter refers to coerced family planning, coerced abortion or involuntary sterilization. In addition, the new U.S. report has a hyperlink to a WHO report on the subject.

Kozak rejected the notion that this report was undercut by President Trump’s meetings with leaders of countries with poor human rights records.

The U.S. as a matter of policy supports NGOs around the world  that are working to improve human rights.

For  North Korea, the U.S. is concerned about the nuclear issue and about human rights. The report “pretty starkly [discusses] the kinds of abuses, and over the last year or two, we’ve supported . . . a commission of inquiry on North Korea, we support NGOs that are working on North Korea and exposing the human rights abuses that occur in the camps there and so on. But some of the stories that are contained in the report are just overwhelming. There’s one about 11 people who were arrested for supposedly making a pornographic film and they were executed by shooting anti-artillery weapons at them, and then they brought out tanks and ran over the bodies, and this is supposed to be a civilized country.”

The Preface to the report calls China, Russia, Iran and North Korea as “forces of instability.”  This is not a defined term, but refers to situations where internal actions generate international problems like refugee flows and humanitarian crises.

====================================

[1] U.S. State Dep’t, Preface to Country Reports on Human Rights Practices for 2017 (April 20, 2018).

[2] U.S. State Dep’t, Remarks on the Release of the 2017 Country Reports on Human Rights Practices (April 20, 2018).

[3] U.S. State Dep’t, Briefing on the Release of the 2017 Country Reports on Human Rights Practices (April 20, 2018).

Minnesota Welcomes New U.S. Citizens  

The ultimate step in the process of becoming a naturalized U.S. citizen that was discussed in a prior post is taking the Oath of Allegiance to the United States. This is usually done in a collective ceremony.

Such a ceremony was held on May 26, 2015, by the U.S. District Court for the District of Minnesota when it welcomed 453 new U.S. citizens from the following regions of the world: Africa, 167; Asia, 160; Latin America, 56; Europe 43; Middle East, 20; and Other, 7. Of the 76 foreign countries represented, the largest numbers came from Somalia, 42; Ethiopia, 34; Liberia, 26; Burma (Myanmar), 24; Thailand, 23; Nigeria, 23; and Mexico, 22.

After everyone sang the “Star-Spangled Banner,” an officer of the U.S. Citizenship and Immigration Services collectively presented the new citizens to the court, and U.S. Magistrate Judge Jeffrey J. Keyes administered the following Oath of Allegiance to the new citizens:

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

Judge Keyes then congratulated them. He said he saw the U.S. as a fabric or quilt of diverse elements that combined to create a beautiful whole that continuously is regenerated with new citizens. He urged the new citizens never to forget the poetry, the culture, the land and the ancestors of their homelands.

On a personal note, Keyes said his ancestors came from Ireland 150 years ago, and he was confident that they never imagined that someday an Irishman could become President of the United States. Yet in 1960 John F. Kennedy of Irish heritage was elected to that office. So too many people in this country could not have imagined that a black man could also be so elected, and yet Barack Obama was the victor in the presidential elections of 2008 and 2012.

With citizenship came many rights and responsibilities under our Bill of Rights, Keyes continued. There was freedom of speech and the responsibility to listen and understand the opinions of others. There was no established religion and the freedom to have or not have your own religious beliefs and the responsibility to understand and accept others’ religious beliefs. Another right was the freedom of assembly and the responsibility to engage in the political arena and to vote.

Other words of welcome were made in a videotape presentation by President Obama. One of his messages was in American no dream is impossible.

The ceremony concluded with everyone reciting the Pledge of Allegiance.

One of the largest single naturalization ceremonies in Minnesota was on September 6, 2012, when 1,509 individuals from 100 countries became U.S. citizens; the largest numbers of these came from Somalia (344), Ethiopia (141), Laos (101), Liberia (95) and Mexico (84).

 

 

 

 

 

 

New York Times Commends Cuba for Fighting Ebola in West Africa and Again Urges U.S.-Cuba Normalization

In an October 19th editorial, titled “Cuba’s Impressive Role on Ebola,” the New York Times applauds Cuba for “having pledged to deploy hundreds of medical professionals to the front lines of the pandemic,” for already having 165 medical professionals on the ground in West Africa and for standing “to play the most robust role among nations seeking to contain the virus.” Cuba, therefore, “should be lauded and emulated.”

In contrast, says the Times, the U.S. and several other wealthy countries only have pledged funds to fight the disease. “It is a shame that Washington, the chief donor in the fight against Ebola, is diplomatically estranged from Havana, the boldest contributor” and that “American and Cuban officials are not equipped to coordinate global efforts at a high level.”

This most unfortunate situation “should serve as an urgent reminder to the Obama administration that the benefits of moving swiftly to restore diplomatic relations with Cuba far outweigh the drawbacks” as was argued in a prior Times editorial and emphasized in a recent post to this blog.

Under these circumstances, the U.S. should be ready, willing and able (a) to treat and transport any Cuban health workers in Africa who become infected; (b) to “commit to giving any sick Cuban access to the treatment center the Pentagon built in Monrovia [Liberia] and to assisting with evacuation.” The Obama Administration, however, has “callously declined to say what, if any, support they would give [the Cubans].”[1]

The Times also notes that Fidel Castro in an October 19th essay in the Cuban newspaper, Granma, said that Cuba “will gladly cooperate with U.S. personnel in this task [of combatting Ebola], not in search of peace between these two states which have been adversaries for so many years, but rather, in any event, for World Peace, and objective which can and should be attempted.” According to the Times, “[Fidel’s] absolutely right.” [2] His essay also commented on Cuba’s hosting on October 20th the Extraordinary Summit of the ALBA-TCP on Ebola as discussed in another article in Granma.

[1] The failure of the Obama Administration to embrace Cuba’s heroic contributions to the fight against Ebola unfortunately is consistent with the Administration’s pathetic pseudo-rebuttal of the many arguments for normalization of U.S.-Cuba relations as discussed in a prior post.

[2] In an another recent essay Castro impliedly endorsed the New York Times editorial calling for normalization of U.S.-Cuba relations while he quoted virtually all of the editorial itself without any disagreement (with one exception), even to the editorial’s criticism of the Cuban economy and its treatment of dissidents. See also Londoño, Still Pondering U.S.-Cuba Relations, Fidel Castro Responds, N.Y. Times (Oct. 14, 2014).

Further Reflections on “The Book of Negroes” Novel

A prior post summarized Lawrence Hill’s novel The Book of Negroes while another post provided a brief look at the relevant historical background of the novel–the fate of the Black British Loyalists in the American colonies during and after the American Revolutionary War.

Lawrence Hill
Lawrence Hill

Now we examine Hill’s own reflections about his novel and how his biography has influenced this novel and his other books. [1]

He first heard about the historical Book of Negroes in 1980 when he read The Black Loyalists: The Search for a Promised Land in Nova Scotia and Sierra Leone, a scholarly book by Canadian historian James W. St. G. Walker.

Hill immediately knew from reading the Walker book that one day he would write the fictional story of a woman who had to have her name entered into the Book of Negroes.  But it took at least 15 years before he felt he was ready to tackle such a large project. In 2002 when he began to research and write the novel, he examined for the first time reproductions of the actual Book of Negroes. Another topic of his research was the activities of the British abolitionists. The size of this project is indicated by the five years it took to research and write the novel.

His greatest surprise from his research was discovering that among the Black Loyalists who left Nova Scotia for Sierra Leone in 1792 were some who had been born in Africa and thus were returning home. This back-to-Africa exodus took place 30 years before American slaves went to Africa to found Liberia and more than a century before Jamaican Marcus Garvey urged blacks in the Diaspora to return to the motherland.

From the moment of his conception of the novel, Hill said, it was a woman’s story. As a writer, he locates stories in the lives of the people who have the most to lose, and Aminata as a mother had the most to lose.

A constant question for him in all of his writing, he said, was how does someone survive horrible events in life. Every book or story requires an overarching theme, which for him is what does the main protagonist want. For Aminata in The Book of Negroes it is “I want to go home to Africa.”

Lawrence Hill’s parents — a black father and a white mother —were U.S. citizens who emigrated  to Canada the day after they married in 1953 in Washington, D.C.in order to escape racial discrimination and anti-miscegenation laws. Both of them were involved in the human rights movement, an influence Hill readily acknowledges.

Born in Canada in 1957, Hill was raised in a predominantly white Toronto suburb. He has a B.A. in economics from Laval University in Quebec City and an M.S. in writing from Johns Hopkins University in Baltimore.

Although Hill always wanted to be a creative writer, he immediately recognized that he needed to have some kind of gainful employment to support himself financially as he was starting his writing career. These sidelines, he acknowledges, helped his creative writing.

He spent three years as a journalist with Toronto’s The Globe and Mail and The Winnipeg Free Press and learned how to write quickly on short deadlines and to recognize that his words could be changed by editors. He then spent a year in Spain writing short stories, but realized that his quickly written letters from Spain to friends were more lively and better written. For the next 15 years he was a free-lance speech writer for Canadian politicians and in the process learned how to write for different voices.

Hill’s international travels have also influenced his writing, especially his volunteer trips to West Africa. While in Mali, for example, he met a midwife by the name of “Aminata,” which he used as the name of the main character in The Book of Negroes.

Now Hill is an accomplished and recognized author. In addition to The Book of Negroes, he has published two other novels, a memoir, three other non-fiction books and the script for a film.

He is a member of the Council of Patrons of the Black Loyalist Heritage Society. Hill has received the Diamond Jubilee Medal from Queen Elizabeth II, the Medal of Distinction from Huron University College, the Freedom To Read Award from the Writers Union of Canada, the Award of Excellence from the Canadian Civil Liberties Association, and the Rev. John C. Holland Award of Merit from the Hamilton Black History Committee. Hill also holds honorary doctorates from the University of Toronto, Wilfrid Laurier University and the University of Waterloo.

This coming fall Hill will be Canada’s Massey Lecturer and has said the lecture’s theme will be “how beliefs, traditions, rituals, phobias, and obsessions about blood influence how we see ourselves individually and societally.”

————————-

[1] This post is based primarily upon materials on Hill’s own website and his recent remarks at the San Miguel Writers’ Conference.

Reactions to Charles Taylor’s Conviction

Special Court for Sierra Leone Logo

As reported in a prior post, on April 26th the Special Court for Sierra Leone convicted Charles Taylor, the former President of neighboring Liberia of 11 counts of crimes against humanity and war crimes. The hearing on his sentencing has been scheduled for May 16th with the sentence to be pronounced on May 30th. The deadline for any appeal is 14 days after the sentencing judgment.

Before we look at the reactions to that conviction, we should be aware of the gruesome details of what happened in Sierra Leone according to witnesses at Taylor’s trial. Here are only two examples. One male witness, “Then I put this other hand. Then he [a Sierra Leone rebel] chopped it, but when he chopped it it was not severed initially. He chopped it twice, and it hit here and some bones were broken in it. Then the third time it was severed.” Another male witness, “Well, they [the rebels] used to treat them [civilians] badly. They used to rape them. They used to kill them. Sometimes they even ate them.” A video with photos of some of the Sierra Leone victims should be watched as well as current photos from the country.

Another aspect of the trial needs highlighting. One of the challenges facing the prosecution was how to link Mr. Taylor in Liberia to the crimes committed in Sierra Leone. There was no paper trail showing orders from Taylor. Nor was there any evidence of his ever going to Sierra Leone. He was not at the scene of the crimes in that country, and the Liberian army was not involved. Instead the link was proven by radio and telephone communications from Taylor to the rebels in Sierra Leone, by shipments of arms and ammunition to the rebels from Taylor’s forces and by bank records showing transfers of funds to Taylor’s accounts from Sierra Leone.

The Special Court’s chief prosecutor, Brenda J. Hollis, who is a U.S. lawyer, said the conviction was a triumph for the idea that political leaders should be held accountable  for their deeds in “the new reality of an international justice system.”

The U.N. High Commissioner for Human Rights stated that the conviction “marked a major milestone in the development of international justice. . . .  A former President, who once wielded immense influence in a neighbouring [sic] country where tens of thousands of people were killed, mutilated, raped, robbed and repeatedly displaced for years on end, has been arrested, tried in a fair and thorough international procedure, and has now been convicted of very serious crimes.” Such a result, she said, was “a stark warning to other Heads of State who are committing similar crimes, or contemplating doing so.”

The U.S. Department of State issued an official statement welcoming the conviction as “an important step toward delivering justice and accountability for victims, restoring peace and stability in the country and the region, and completing the Special Court for Sierra Leone’s mandate to prosecute those persons who bear the greatest responsibility for the atrocities committed in Sierra LeoneThe Taylor prosecution at the Special Court delivers a strong message to all perpetrators of atrocities, including those in the highest positions of power, that they will be held accountable.” The U.S. statement also noted that the U.S. “has been a strong supporter and the leading donor of the Special Court  . . . since its inception. The successful completion of the Special Court’s work remains a top U.S. Government priority.”

Amnesty International (AI) asserted that the conviction sends “a clear message to leaders the world over that no-one is immune from justice.”  However, AI lamented that because of the limited jurisdiction and funding of the Special Court, “Thousands of persons suspected of criminal responsibility for incidences of unlawful killings, rape and sexual violence, mutilations and the use of children in Sierra Leone’s armed conflict have never been investigated, much less prosecuted.” In addition, AI emphasized that “only a limited number of Sierra Leone’s thousands of victims who bear the terrible scars of the conflict have received reparations, despite the [provisions for reparations in the Sierra Leone] Peace Accord and the clear recommendations [for reparations] by [Sierra Leone’s] Truth and Reconciliation Commission.” AI also reiterated its call for the repeal of the amnesty provision in the Peace Accord and [for Sierra Leone’s] enactment of legislation defining crimes against humanity and war crimes as crimes under Sierra Leone law.”

Human Rights Watch had a similar reaction. It said the conviction “sends a message to those in power that they can be held to account for grave crimes.”

A New York Times editorial said the conviction “is a historic victory for justice and accountability: the first time a former head of state has been convicted by an international court since the Nuremberg trials after World War II. Mr. Taylor . . . richly deserves this distinction.” The editorial also reminded us that “other leaders . . .  deserve the same fate” from the International Criminal Court in its prosecutions of the Ivory Coast’s brutal former president, Laurent Gbagbo, and Sudan’s current president, Omar Hassan al-Bashir.

The Guardian newspaper from London commented that the conviction was “an important step in what can only be described as the faltering path of international justice.” It noted that even though there were dysfunctional justice systems in Russia and China, it is “a safe bet that no Russian [or Chinese] leader will ever appear before an international court of justice for war crimes . . . . The same is true of . . . US or British generals for war crimes committed in Iraq and Afghanistan. Might, or a seat on the UN security council, still appears to be right. If the arm of international law is long, it is also selective. . . .  If impunity is to end, jurisdiction has to be universal.”

Taylor’s conviction was for crimes against humanity and war crimes in Sierra Leone. But the conviction reminded Liberians of the horrible similar crimes committed in their country by Taylor and his forces.

Charles Taylor (Rebel leader)
Charles Taylor, President of Liberia

An expert on Liberia stated that in “Liberia, Mr. Taylor fought a brutal campaign against West African peacekeepers and other armed factions. As many as 250,000 Liberians out of a prewar population of just over [3,000,000] lost their lives, while more than [1,000,000] others became refugees — crimes for which no one has yet been held accountable. An internationally brokered peace deal in 1997 led to the travesty of a frightened population’s electing Mr. Taylor president for fear of what would happen if he did not get his way. He was driven from power only in 2003.” Moreover, “many of his closest former associates remain at large and active in public life . . . . Mr. Taylor’s ex-wife, Jewel Howard Taylor, who filed for divorce after his fall from power in part to protect her assets from international sanctions, is a member of the Liberian Senate. So is Prince Y. Johnson, a onetime Taylor ally who literally butchered President Samuel K. Doe at the start of the civil war and was so certain of his impunity that he had the entire episode videotaped for posterity. Far from becoming a pariah, Mr. Johnson played kingmaker in Liberia’s presidential election last year, delivering the bloc of votes that assured President Ellen Johnson Sirleaf a second term.”

The previously mentioned New York Times editorial said that Taylor now “must also be held accountable for his role in Liberia’s 14-year civil war. Liberia needs to enact the legislation to bring him, and the other murderous warlords from that era, to trial either in Liberian or international courts.”

Amnesty International and Human Rights Watch also remembered that Taylor and his forces had committed grave crimes in his native Liberia, but had not been subject to any criminal prosecutions for those crimes. Said AI, “during “the 14-year Liberian civil war that raged while Taylor was first the leader of one of the numerous armed opposition groups and later the President, all parties to the conflict committed war crimes and crimes against humanity, including murders along ethnic lines, as well as torture, rapes and other crimes of sexual violence, abductions, and recruitment and use child soldiers.” After the end of the civil war, AI said the Liberian Truth and Reconciliation commission had recommended “that a criminal tribunal be established to prosecute people identified as responsible for crimes under international law [but that it] is yet to be implemented, as are most TRC recommendations on legal and other institutional reforms, accountability, and reparations.  The lack of justice for the victims of the Liberian conflict is shocking. The government of Liberia must end the reign of impunity by enacting the necessary legislation and acting on its duty to investigate and prosecute alleged perpetrators.”

Finally, two African observers commented that justice having “had to come from international courts does not reflect well on . . .  Liberia in particular. The process exposes the failure by Liberians to provide themselves with a legal and judiciary system capable of effectively administering justice.” More generally “the verdict and the process should be a wakeup call to Africans. The successful conviction for such crimes is a glaring example of the failure of Africans to govern themselves effectively. . . . Africans must focus on building strong institutions to deal with human rights violations ourselves . . . .” On the other hand, the conviction “informs future Liberian, and indeed African, dictators and tyrants that they cannot escape justice by hedging their bets on a dysfunctional domestic legal system. Where national systems are incapable of adequately and effectively prosecuting leaders who engage in wanton violations of human rights, citizens can look to the international criminal court for justice.”

Former Liberian President Convicted of Crimes Against Humanity and War Crimes

Special Court for Sierra Leone Logo
Charles Taylor

On April 26, 2012, the Special Court for Sierra Leone convicted Charles Taylor, the former President of neighboring Liberia, of 11 counts of crimes against humanity and war crimes as defined in the Court’s governing Statute.

The Court’s judgment was based upon detailed findings that the prosecution had proved beyond a reasonable doubt that:

  • Sierra Leone rebels had committed crimes against humanity in Sierra Leone by murder (Count 2), rape (Count 4), sexual slavery (Count 5), other inhumane acts (Count 8) and enslavement (Count 10).
  • Said rebels had committed violations of Common Article 3 to the Geneva Conventions and of their Additional Protocol II in Sierra Leone by acts of terrorism (Count 1), violence to life, health and physical or mental well-being of persons, in particular murder (Count 3); outrages upon personal dignity (Count 6); violence to life, health and physical or mental well-being of persons, in particular cruel treatment (Count 7); and pillage (Count 11).
  • Said rebels had committed violations of international humanitarian law in Sierra Leone by conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilities (Count 9).
  • Mr. Taylor had provided practical assistance, encouragement and moral support that had a substantial effect on the commission of said crimes by the rebels, and he knew that such crimes were being committed and that his actions would provide said practical assistance, encouragement or moral support to the commission of such crimes. Therefore, Mr. Taylor was guilty of the crime of aiding and abetting the commission of such crimes.

The Court, however, determined that the prosecution had failed to prove beyond a reasonable doubt that Mr. Taylor had participated in a common plan, design or purpose to commit the rebels’ crimes.

Mr. Taylor will be sentenced in the coming weeks. There is no death penalty in international criminal law, and any prison term would be served in a British prison pursuant to a special agreement with the Court.

The Court was established in 2002 in a partnership between the United Nations and Sierra Leone to prosecute those responsible for atrocities in a conflict that led almost half the population to flee and left an estimated 50,000 dead. With its main seat in Sierra Leone’s capital of Freetown, the Court already has sentenced eight other leading members from different forces and rebel groups for crimes in Sierra Leone. Mr. Taylor is its last defendant whose trial was moved to The Hague in the Netherlands for fear of causing unrest in the region where he still has followers.

Not since Karl Doenitz, the German admiral who briefly succeeded Hitler upon his death, was tried and sentenced by the International Military Tribunal has a head of state been convicted by an international court.