samedi 17 janvier 2009

Bemba washes hands of militia's actions in CAR

Bemba washes hands of militia's actions in CAR AFP/ANP/File – Jean-Pierre Bemba at the war crimes court in The Hague on January 12, 2009. Seeking to avoid a war crimes …

THE HAGUE (AFP) – Lawyers for ex-DR Congo vice-president Jean-Pierre Bemba said Thursday that members of his militia group accused of atrocities in the Central African Republic (CAR) were not under his command.

They argued before the International Criminal Court in The Hague that the men, deployed in 2002 to help put down a coup, were under the command of then-CAR president Ange Felix Patasse.

"Who gave the orders and instructions? Who determined the targets? It wasn't Jean-Pierre Bemba, it was President Patasse," Aime Kilolo-Musamba argued for the defence on the final day of a hearing to determine whether Bemba should be tried for war crimes and crimes against humanity.

He said Patasse's government had provided members of Bemba's Movement for the Liberation of Congo (MLC) with transport, fuel, money and uniforms, while Libya supplied the weapons and ammunition.

And co-ordination of the operation was done by the CAR military, Kilolo-Musamba told a panel of three pre-trial judges.

Bemba, 46, unsuccessfully challenged Joseph Kabila for the presidency of the Democratic Republic of Congo in 2006 elections, and went into exile after his private militia was routed by government forces in 2007.

He was arrested on an ICC warrant during a visit to Brussels last May.

The Belgian-educated son of a rich businessman faces five charges of war crimes and three of crimes against humanity for rape, torture, looting and murder allegedly committed by his MLC movement.

Prosecutors claim he sent 1,000 to 1,500 troops to the CAR for his own strategic gain: to retain control of the border area between the CAR and the Congolese province of Equateur in the war between his rebels and then-DR Congo leader Laurent Kabila, father of the current president.

While there, the prosecution alleges that MLC militia brutally gang-raped men, women and children, and tortured and murdered civilians.

"Any excuse was a valid reason to kill civilians in order to terrorise the population," prosecutor Fatou Bensouda told the court.

"They killed people who tried to prevent them from pillaging their livestock ... they killed women who resisted being raped."

These crimes were no accident, argued Bensouda. "They intended to target the CAR population. Bemba's troops punished them for their perceived support for the rebels."

She also told the judges that Bemba remained the de facto and de jure commander of the MLC throughout the deployment and was therefore responsible for the men's actions.

"He knew that they would rape, he knew that they would murder and he knew that they would pillage," said Bensouda.

This was a strategy, she argued, "to terrorise the population and annihilate their ability to support the rebels."

Bemba's lawyers claim the case is part of a conspiracy to sideline him politically and that his militiamen were bona fide troops deployed to protect a democratically elected government.

They claim the prosecution had failed to prove that Bemba had made a material contribution to the crimes alleged, or that he knew they would be committed.

"The charges against Mr Bemba should not be confirmed," Karim Khan concluded for the defence. "There is no justification for him to stay in custody a moment longer."

The court gave the parties until January 26 to make extra written submissions within 60 days, after which the judges will decide whether there are sufficient grounds to put Bemba on trial.

Congo villagers take up arms against LRA rebels

A girl carries water at the Kibati camp for internally displace people outside Reuters – A girl carries water at the Kibati camp for internally displace people outside the city of Goma in eastern …

DUNGU, Congo (Reuters) – Congolese villagers are forming self-defense groups to protect homes and families from Ugandan LRA rebels.

The rebels have killed 567 people and displaced 115,000 in northeast Democratic Republic of Congo's Oriental province since September, U.N. refugee agency UNHCR says.

Attacks surged after Ugandan forces spearheaded an anti-rebel offensive in December.

In silence broken only by the buzz of insects and the crunch of earth under their plastic sandals, eight men file through the cool night, hunting rifles in hand, scanning the darkness for those who killed their neighbors and burned their homes.

Elsewhere in the areas surrounding the town of Dungu, dozens more like them stalk the forest, mostly farmers and internal refugees armed with locally made guns or bows and arrows.

"This is very necessary for me, first and foremost, for the town, and for the people who are suffering in the bush, who have done nothing and who are dying," said Pascal Kalemba, the bottom half of his boyish face hidden by an airline sleeping mask.

Lord's Resistance Army rebel fighters attacked Dungu in September, as efforts to negotiate a peace deal to end their two-decade bush war against the Ugandan government broke down.

"They just walked straight into town. They started to burn houses and kill people," Kalemba said.

At the time, not a single Congolese soldier was deployed in the town of 57,000 inhabitants, located near Garamba National Park, the LRA's stronghold since it fled to Congo in 2005.

On December 14, a Ugandan-led multinational force, including Congolese and South Sudanese soldiers, launched an offensive aiming to capture the rebels' reclusive leader Joseph Kony.

Instead, the operation splintered the rebels into smaller groups that are now attacking villages, slaughtering civilians, raping women and kidnapping children for use as sex slaves and child soldiers. The U.N. death toll may be conservative.

New York-based Human Rights Watch says three days of raids alone, starting on Christmas Day, killed at least 600 people. Most were beaten to death with clubs or hacked with machetes.

The U.N. Security Council strongly condemned the recent rebel attacks in a statement and emphasized that those responsible must be brought to justice.

U.N. humanitarian affairs chief John Holmes also called on the LRA to cease hostilities, sign a peace agreement and release all abductees. Kony has repeatedly snubbed mediators by failing to show up at pre-arranged meetings to sign the agreement.

Holmes said the mandate for Joaquim Chissano, the U.N. special envoy for LRA-affected areas, has been renewed for another year to try and secure a political settlement of the conflict. Chissano's mandate expired December 31.

ARMY "RUNS AWAY"

The head of Dungu's self-defense force, former chief Etienne Dalafata, said despite the deployment of over 3,500 government troops to the area, villages must defend themselves.

"We've already gone on operations with the army, but when we go into the bush they get scared and run away. They are city soldiers," he said.

Dalafata said his force enjoys the town's support and that militias have sprung up across Congo's northern borderlands.

All of this worries Felicien Balani, president of Dungu's local civil society association.

"Our army must make them unnecessary. They find their justification in its ineffectiveness. If this lasts another six months or a year, they'll start looking for better equipment, and we risk a Mai Mai phenomenon," he said.

Mai Mai ethnic militias sprang up across eastern Congo in the 1990s during invasions by Rwanda and proxy rebel groups.

Like Dalafata's men, the Mai Mai initially said they took up arms to protect their communities. But they became notorious for bloody massacres of civilians, rape, and ritual cannibalism.

Since September, the Dungu militia has taken just three LRA prisoners from a number of clashes with the Ugandan rebels.

All, they said, were turned over to the army.

But this week a self-defense patrol in Nzope village on the eastern edge of Garamba caught two LRA suspects. It mutilated and killed one before handing the other over to the authorities.

In Dungu, Kalemba said he feels no hatred for these latest invaders. He simply wants them to go home.

"Why are they persecuting us? Why?" he said.

"If it comes to a battle, we will die together."

(Editing by Alistair Thomson and Elizabeth Piper)

(Additional reporting by Megan Davies at the United Nations)

Bush et Gbagbo: Si la presidence de Georges Bush fut un echec, celui de Gbagbo doit etre un crime.

Lisons ensemble l'analyse fait par le journaliste Ben Feller du mandat du president americain, Georges Bush, et lorsque nous avons fini de lire appliquons ensemble les criteres de jugement a celui du president ivoirien. Gbagbo excuse toutes ses lacunes sous le pretexte de la guerre, aux etats Unis, la guerre n'est pas une excuse. EN tout et pour tout, le bilan de Gbagbo est mediocre et frise la criminalite.
Mais la est une evaluation qui se fera lorsqu'il ne sera plus au pouvoir.

Analysis: Bush legacy -- grim times, gloomy nation

Analysis: Bush leaves a nation gripped by war, recession and gloom; he'll wait for history

By BEN FELLER Associated Press Writer | AP

(WASHINGTON) Wars. Recession. Bailouts. Debt. Gloom.

The unvarnished review of George W. Bush's presidency reveals a portrait of America he never would have imagined. Bush came into office promising limited government and humble foreign policy; he exits with his imprint on startling free-market intervention and nation-building wars in Iraq and Afghanistan. He was the president who pledged not to pass on big problems. Instead, he leaves a pile for Barack Obama.

Grading Bush's performance has its limitations. History offers a warning about judging a president and his tenure in the moment: The wisdom and decisions of a leader can look different years later, shaped by events impossible to know now. Leaders are entrusted to act in the nation's long-term interests.

That's fine for history, but people lead their lives and make their judgments in real time. And it was one of Bush's heroes, Ronald Reagan, who crystallized the way modern presidents are judged: Are people better off than they were when the president took office?

Based on that standard, the Bush report card is mixed at best. It is abysmal at worst.

This is his tenure: eight years bracketed by the worst terrorist attack in U.S. history and the worst economic collapse in three generations. In between came two wars, two Supreme Court appointments, a tough re-election, sinking popularity, big legislative wins and defeats, an ambitious effort to combat AIDS, a meltdown of the housing market, a diminishing U.S. reputation abroad, and more power invested in Dick Cheney than any vice president in history.

Bush got his tax cuts and education law in the first term, then swung hard and missed on Social Security and immigration in his second. He seized a bullhorn and united a country devastated by terrorism, but stumbled badly when a hurricane swallowed the Gulf Coast.

Many of his original campaign promises are dust. Sept. 11, 2001, changed everything. In the heady days, Bush was the face of a party that ran the White House and Congress. Now Republicans hold neither. So much for a durable majority. Bush said he would change the tone of Washington. He never did. Of course, neither did the Democrats running Congress. Bush pushed all legal limits in targeting terrorists. They have not struck America again. The president's defenders may well be right that his decisions will be viewed honorably over time. For now, he is out of time. And realistic about his exit.

"It turns out," he said, "this isn't one of the presidencies where you ride off into the sunset."

By any standard, the economy is in atrocious shape. More than 11 million people are out of work. The unemployment rate is at a 16-year high. The Dow Jones industrial average fell by 33.8 percent in 2008, the worst decline since 1931. One in 10 U.S. homeowners is delinquent on mortgage payments or in foreclosure.

People are losing their college savings, their nest eggs, their dreams. The country is at war in Iraq and Afghanistan, and more broadly, against a threat of terrorism that predates Bush and still lurks from countless corners. The Iraq conflict finally has an end in sight, but has cost much more in lives, time and money than even Bush expected. Meanwhile, the U.S. government keeps spending money it doesn't have. The current budget deficit stands at a record $455 billion. That hole will get deeper — probably more than a staggering $1 trillion — as the bill grows for bailouts and efforts to jack up the economy.

And then there is the dismal public mood. Huge numbers of people think the country is on the wrong track. Bush has had a negative approval rating for 47 months, the longest streak since such polling began. Almost two-thirds of people polled by the Pew Research Center said Bush's administration will be remembered for its failures.

"Nothing's going right," said Thomas Whalen, a professor of politics at Boston University who has written a book about presidential courage. "He was handed a country that was in pretty good shape. How you can argue that he's left the country in better shape?"

As they leave, Bush, Cheney and a cadre of West Wing advisers have been making that argument fervently. They insist some deeds are overshadowed, and others will be more appreciated over time.

The president takes pride in getting an education law that demands testing and accountability; a Medicare law that provides a prescription-drug benefit; an AIDS relief plan that has helped millions of people in impoverished lands; and a policy of working with religious organizations as a way to help needy people.

Bush also shaped the conservative direction of the Supreme Court, likely for decades, with his choice of Chief Justice John Roberts and Justice Samuel Alito. But in between came the embarrassing rejection of another nominee, his friend and then-White House counsel Harriet Miers, by conservatives from his own party.

Still, for the most part, this has been a presidency dominated by war. Bush lost the country's faith when the war in Iraq had so many setbacks — the failed intelligence about Saddam Hussein's weapons in the first place, the botched postwar planning, the Mission Accomplished that wasn't, the sectarian killing that seemed like a quagmire. His unpopular decision to send more troops for security is now viewed as a success, and Iraq is much more stable and free.

But most Americans still think the war was a deep, costly mistake. This is where Bush takes a long view, one that many political scientists find rosy: the liberation of 50 million in Iraq and Afghanistan will lead to peace and democracy in a troubled region.

He includes the staggering peace process between Israelis and Palestinians. Bush got personally involved late in his presidency, only to see hopes for a peace deal fade, followed by more despair: a new war in the Mideast, with Israel's air and ground assault on Gaza in response to rocket attacks by Hamas.

"I believe when people objectively analyze this administration, they'll say, `Well, I see now what he was trying to do,'" Bush said last month.

When that might happen is unclear. Historians say it could take decades, if it happens at all. Said Bush this summer: "I'll be dead when they finally figure it out."

Bush got elected on a promise of smaller government. Then he oversaw huge deficit spending. His mind-set changed when the country was attacked.

"The most important promise that he made was to keep America safe," said Bush spokeswoman Dana Perino. "He's singularly obsessed with that notion, just like Roosevelt was obsessed with World War II and Reagan was obsessed with the Cold War. This is a war on terror."

And so came the Bush Doctrine of pre-emptive strikes against looming threats, treating those who harbor terrorists just like the killers themselves, and promoting an ideology of freedom across the globe. He saw himself as resolute in hard times; the country saw him as stubbornly stay-the-course.

"He put everything into his campaign for Iraqi democracy," said Douglas Brinkley, a presidential historian and professor at Rice University. "The results seem to be quite painful for the United States, not just in terms of more than 4,000 dead soldiers, but the ideological fervor instead of a cool-headed pragmatism."

Where Bush still gets some public credit: The U.S. has not been attacked since Sept. 11. But it is hard to run a country without support of the people, and Bush steadily lost his as U.S. deaths rose in Iraq to more than 4,200.

The U.S. reputation abroad has suffered mightily, too. At home, the second term brought a debacle of enormous proportions, the botched response to Hurricane Katrina. The country watched in shame. The catastrophe cemented images of Bush out of touch: flying over a sinking city, praising his beleaguered emergency management chief for a "heckuva job."

"These big moments can really form presidencies," said Gary Gregg, a presidential expert at the University of Louisville.

Just when it appeared Bush might be heading for a quiet exit, the final year of his presidency was overtaken by the agonizing economic crash. The housing market collapsed. Credit froze. Financial giants crumbled. Layoffs mounted. Bailouts kept coming, including an astounding $700 billion plan. Bush gets some blame for the giant mess. He was not just the leader at the time, but one who promoted a get-out-of-the-way philosophy of regulation during a period when mortgage-lending standards grew lax. Yet he also got resistance from Congress when he pushed for greater oversight of the housing industry.

Bush is quick to mention that other people, many on Wall Street, share responsibility for the economic crisis. Regardless, it caps his tenure. His main point is that when he saw trouble, he acted decisively.

I've been a wartime president," he said. "I've dealt with two economic recessions now. I've had, you know, a lot of serious challenges. What matters to me is that I did not compromise my soul to be a popular guy."

So let history judge, Bush says.

The country already has.

EDITOR'S NOTE — Ben Feller covers the White House for The Associated Press.