LOS ANGELES -- I have watched Thailand's free fall into the abyss with deep sadness. At this very moment, Thais are killing Thais, and the situation is getting worse by the minute with no end in sight. The violence clearly has a momentum of its own after Prime Minister Abhisit Vejjajiva's decision to use force against the protesters on May 13, 2010. This destructive momentum must be stopped now.
We have seen through the eyes of the international press that the use of force against civilians has been excessive, in clear violation of the principle of proportionality. We have seen targeted assassinations as well as random killings on the streets of Bangkok. Prime Minister Abhisit has said to the international press that there are no other options available now except for the use of military force. I cannot disagree more.
Prime Minister Abhisit must be mindful that in addition to domestic criminal liability he may face for ordering or allowing the use of force against civilian protesters, he may face international criminal prosecution as well. Under international law, the widespread or systematic attacks directed against any civilian population can be considered crimes against humanity.
An International Criminal Court (ICC) inquiry recently found that crimes against humanity may have been committed during a bloody crackdown on protesters in Guinea back in 2009. The ICC is investigating human rights situations in Kenya, Uganda, the Congo and the Central African Republic.
Even though Thailand is not presently a party to the (Rome) Statute of the ICC, Thailand may become a party in the future, and the ICC would certainly have jurisdiction over Thai nationals then. Crimes against humanity have no statute of limitations. It is also important to note that the ICC has also exercised jurisdiction over nationals of a non-state party to its statute once the United Nations Security Council has referred the case to it. The case in point is the situation in Darfur, Sudan.
Leaving the ICC aside, Prime Minister Abhisit will also have to be mindful of the doctrine of universal jurisdiction. This is a doctrine under international law which enables any national court, in any country in the world, to claim criminal jurisdiction to prosecute a person whose alleged crimes, such as crimes against humanity, were committed outside of the territory of the prosecuting country, regardless of the person's nationality or country of residence.
Here are some examples. On December 14, 2009, a British Court issued an arrest warrant for former Israeli Foreign Minister Tzipi Livni, for Israeli action against the Palestinians in Gaza. Spanish courts have pursued the former Chilean President Augusto Pinochet for the alleged crimes of humanity he had committed against Chileans in Chile. For the rest of his life, Prime Minister Abhisit may have to think twice before he travels abroad. A holiday visit to his alma mater, Oxford University, may become out of reach for him.
On May 13, 2010, the Asian Centre for Human Rights duly warned Prime Minister Abhisit of his individual criminal responsibility regarding the use of force against civilian protesters in Thailand.
Prime Minister Abhisit Vejjajiva, I call on you to decisively and magnanimously put an abrupt stop to Thailand's free fall into the abyss. The situation in Thailand is very bad, but it can get much worse. Now is the time to put a decisive end to the killings. Now is the time to put an end to the use of force against civilians. There is no more time for further negotiations. There is no more time for political posturing. The power to end this crisis is in your hands. Whatever you think could be gained from buying more time before the dissolution of the parliament surely cannot be worth more lost of lives and injuries. Dissolve parliament now and give Thailand a chance to reset itself before it is far too late.
Professor Kantathi Suphamongkhon is the 39th foreign minister of Thailand. He was in office until September 19, 2006. He is currently senior fellow at the Burkle Center for International Relations at the University of California at Los Angeles (UCLA), where he also teaches law and diplomacy.
Published with permission from GLOBAL VIEWPOINT NETWORK/TRIBUNE MEDIA SERVICES
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NZ PM urges New Zealanders to leave Thailand
Thailand has no policy to let int'l bodies to intervene internal affairs ...
Thailand at Risk of Civil War?
Thailand has a chance if Prime Minister Abhisit Vejjajiva can stop the killings
http://www.timescolonist.com/news/Bangkok+battles+rehearsal+civil/3050637/story.html
The following is also useful:
http://www.abc.net.au/unleashed/stories/s2905056.htm
However, see also
www2.canada.com/victoriatimescolonist/news/comment/story.html?id=3fb89d61-f388-4441-b94d-4395e0ac4691
http://www.amnestyusa.org/document.php?id=ENGPRE011602010&lang=e&rss=recentnews
There's insufficient framework, as outlined in Dr. Kantathi's (http://en.wikipedia.org/wiki/Kantathi_Suphamongkhon) earlier excellent post (http://www.huffingtonpost.com/kantathi-suphamongkhon/can-thailand-avoid-the-ab_b_189797.html), for it to work. Unfortunately, who ever wins an election, there are people who lost. If mob anarchy is seen to be effective, then whichever shirt colour that lost may repeat it to attempt their goal of changing government. It's a lose-lose game, rather than a win-win one.
Change of government should only occur in a limited number of ways. Election at the end of a government's specified term, or impeachment, or a vote of no confidence in parliament. Not via terrorism (http://en.wikipedia.org/wiki/Terrorism) in the streets.
Moreover, appointing Piromya Kasit as Foreign Minister (http://newsx.com/story/39309), after his public support of the yellow shirts' seizure of the airport (http://us.asiancorrespondent.com/bangkok-pundit-blog/thai-foreign-minister-faces-lawsuit.htm), was inappropriate and sends the wrong message. Jatuporn Promphan, a red shirt leaders (http://www.nationmultimedia.com/home/PM-meets-3-red-shirt-leaders-begin-30125770.html), being able to remain as a member of parliament (http://www.nationmultimedia.com/home/2009/10/23/politics/Jatuporn-stirs-anger-in-house-over-motion-30115070.html), is also inappropriate and sends the wrong message.
All parties must condemn anarchy and respond appropriately.
I figure he'll make his push within the next in 72 hrs
I really hope they move the kids into the temple... "bullets have no eyes" & those young troopers are going to be very nervous..
Anyone that thinks they can win against the "Old Guard" is dillusional
http://www.reuters.com/article/idUSBKK9051020080104
Prime Minister Vejjajiva made a very good deal with the Red Shirts for elections in Novemeber which Thaksin's puppets reneged on.
http://www.bangkokpost.com/news/thaksin-judgement-update/178294/seh-daeng-aide-arrested
Looks like Prem Tinsulanonda is finishing up his business. Pem's actions against "Kit-Tay" were un called for.
Those poor people are SUBJECTS to their government
OTOH The protesters believe THEY are right also
Why are the tearing up his country !
http://www.bangkokpost.com/news/local/178304/govt-rules-out-talks-unless-rally-ends
My opinion: The Thai Governments {Prem Tinsulanonda's} demands for the protests to end BEFORE talks begins are a joke.
Abhist is a straw man. Nothing can be decided unless ole Prem Tinsulanonda & his group of "EX" military turned "business men" gives their OK anyway.
Abhist set up his live fire zone.. he can easily call it a neutral/no fire zone until the outome of the negotiations gets decided.
That of course will not happen... The demonstrators are out gunned, and out numbered by the military. They are effectively surrounded... The question becomes....
Why not negotiate?? Answer: Thats not the way Prem's group works...
My way or the highway.....
They declined. And please do a deeper research into the situation your information is inaccurate.
The demonstrators have guns and they are the only ones using bombs.
Here in America we have had, since Reagan and now especially with GWB, we have Americans killing not only Iraqis(for oil) but we also have Americans killing Americans(for economic and theological reasons). Iow, we have Republicans killing non-Republicans.
Republicans are killing both our democracy and the 240+ million of us Americans who do not vote or believe in the Republican theory of life and democracy called Big Business and Big Religion Fascism; resulting in their rule over the lives and the economy of ordinary everyday working Americans and their families.
The bottom line is that this entire killing field and disastrous economic mess is really all about the bottom line, the economics of the bottom line. The Republican theological reasons of Pro-life and Family Values is only a minor part of the total equation.
One proof of that is the people who keep screaming Pro-life and Family Values are the very same ones who are doing all of the killings for oil and all of the killings of the families of everyday ordinary working American parents. Iow, Pro-life and Family Values is really only a smoke screen to cover up and garner voter support for their real agenda of economic rule over America now/first, and the entire world---the PNAC, Heritage Foundation, American Enterprise Institute agendas--- later.