Was Henry Kissinger a war criminal? Infamous secretary of state had number of arrest warrants issued against him
HARTFORD, CONNECTICUT: Henry Kissinger, the national security adviser and secretary of state who played a pivotal role in shaping U.S. foreign policy under two presidents, passed away at the age of 100 on November 29 at his home in Connecticut.
Known as an éminence grise of the foreign policy establishment, Kissinger's death has reignited discussions about his controversial legacy, marked by accusations of contributing to global conflicts and humanitarian crises.
Kissinger's influence spanned decades, but his legacy remains deeply divisive. Greg Grandin, his biographer, asserts that Kissinger's policies were responsible for the deaths of at least 3 million people.
Veteran war crimes prosecutor Reed Brody minced no words, stating, "Few people have had a hand in as much death and destruction, as much human suffering, in so many places around the world as Henry Kissinger."
While Kissinger was awarded the Nobel Peace Prize in 1973 for negotiating a cease-fire in Vietnam alongside his North Vietnamese counterpart Le Duc Tho, the apparent dissonance between this recognition and his alleged role in prolonging the Vietnam War and expanding it into Cambodia has fueled a longstanding debate about his status as a war criminal.
Allegations of War Crimes
One of the most scrutinized episodes is Kissinger's involvement in the bombing of Cambodia during the early 1970s. Reports suggest that his order to strike "anything that moves" may have violated international norms distinguishing between military and civilian targets.
A comprehensive investigation by The Intercept, including on-the-ground interviews and declassified military documents, reveals previously unpublished evidence of civilian deaths, attributing the deaths of at least 100,000 Cambodian civilians to the bombings.
This campaign, while not solely during Kissinger's tenure, had profound consequences, pushing ordinary Cambodians towards the Khmer Rouge, which later orchestrated one of the worst mass atrocities in history.
The question of Kissinger's potential war crimes extends beyond Cambodia. The 1971 civil war between East and West Pakistan, resulting in the creation of Bangladesh, raises concerns about his role in aiding and abetting Pakistan's atrocities.
The crime of "aiding and abetting" requires proof of practical assistance that substantially contributes to the perpetration of a crime. In the case of Pakistan, Kissinger, along with President Nixon, allegedly provided critical support to Pakistan's military, which committed widespread atrocities.
Reports from State Department staff in Dhaka, witnessing violence against civilians, were allegedly ignored, showcasing a disturbing indifference to the unfolding humanitarian crisis.
East Timor presents another dimension to Kissinger's alleged complicity. Following the territory's declaration of independence from Portugal in 1975, Kissinger and President Ford reportedly gave Indonesian President Suharto the green light to invade the island.
This strategic move, fueled by fears of communism taking root, involved a significant flow of US-supplied arms to Indonesia.
The subsequent civilian death toll in East Timor, in the tens of thousands, raised questions about Kissinger's adherence to legal standards governing the use of US-supplied arms and his role in supporting a military intervention condemned by the international community.
Evasion of Legal Accountability
Despite the gravity of the allegations against him, Henry Kissinger has never faced questioning by a court for any of the alleged crimes attributed to him.
In 2004, a US federal court dismissed a civil suit against Kissinger brought by the family of Chilean Army Commander-in-Chief General René Schneider.
The suit alleged that Kissinger masterminded a botched kidnapping attempt that aimed to prevent Salvador Allende from ascending to power after his election. The dismissal was grounded in political questions, raising concerns about the comingling of legal proceedings and political considerations.
In the early 2000s, judges from Argentina, Chile, France, and Spain sought Kissinger's testimony regarding crimes committed by US client regimes in South America during the 1970s. Despite these efforts, Kissinger managed to evade direct legal questioning.
In 2001, he faced a summons in Paris, prompting his hasty departure from the city. Similarly, in London in 2002, British activist Peter Tatchell sought Kissinger's arrest on charges related to the Vietnam War, but these efforts proved unsuccessful.
Although Kissinger's alleged crimes predate the heyday of international justice, with the creation of the ICC in 1998 and the London arrest of Augusto Pinochet, opportunities for legal action had emerged.
War crimes tribunals were established in Cambodia, Bangladesh, and East Timor, potentially covering Kissinger's acts, per The New York Times.
The Extraordinary Chambers in the Courts of Cambodia had jurisdiction over the Khmer Rouge period, but this limitation was insisted upon by the United States. As a result, Kissinger's actions, particularly in Cambodia, fell outside the tribunal's scope.
Bangladesh’s International Crimes Tribunal, while equipped to prosecute individuals for crimes committed during the 1971 civil war, faced geographical constraints. It can only prosecute persons living in Bangladesh, limiting its ability to address international figures like Kissinger.
The East Timor Special Panels, designed to investigate crimes in East Timor, did not effectively probe offenses before 1999. This temporal limitation excluded a comprehensive examination of Kissinger's role in supporting Indonesia's invasion of East Timor.
Despite advances made by international justice, numerous individuals associated with Kissinger's policies in Argentina and Chile have faced prosecution. Yet, Kissinger somehow always managed to stay beyond the reach of legal accountability.