The governments from Cuba, Venezuela, Bolivia, and Nicaragua use the same “illegitimate and criminal methods aimed to generate fear and terror in the civilian population that would not, in any other way, be generated”. This is “Terrorism of State” comprised by crimes against humanity evidenced by detentions, torture, false accusations, sentencing, assassinations, and violations of human rights. International organizations and democratic governments have the legal obligation of taking effective actions against terrorism of State.
Advances in International Law now provide, in this 21st century, obligatory directives along with punitive measures to protect human rights, freedom, democracy, private property, the legal due-process, the pursual of organized crime, and penalties for crimes against humanity and more.
In the Americas, the Universal Declaration of Human Rights has its affirmation in the American Convention on Human Rights or the Treaty of San Jose, Costa Rica, in existence since 18 July of 1978. Both of these policy guidelines consecrate the “right to life, the right to personal integrity, the prohibition of slavery or servitude, the right to legal due-process, the presumption of innocence, principles of legality and non-retroactivity of the law, freedom of thought and freedom of expression, freedom of association, the right to private property, political rights…”.
The Interamerican Democratic Charter is a signed foundational treaty in existence since 11 September of 2001, it is obligatory. Article 1: “Peoples from America have the right to democracy and their governments have the obligation to promote and defend it”. Article 3: “Amongst the essential components of a representative democracy are; respect for human rights and basic individual freedoms, access to power and the execution of its duties subject to the rule of law, the holding of periodic, free, fair elections based on universal and secret suffrage concepts as an expression of the peoples’ sovereignty, the existence of a plurality of political parties and organizations, and the separation and independence of the branches of government”.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court. It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998. Article 7.1: For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery,…; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender…; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health”.
The United Nations Convention against Transnational Organized Crime (UNTOC), and the protocols thereto, also called the Palermo Convention, is a 2000 United Nations-sponsored multilateral foundational treaty against transnational organized crime. Article 2. (a): “Organized criminal group” shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes…, in order to obtain, directly or indirectly, a financial or other material benefit. Article 3.2: … an offense is transnational in nature if: (a) It is committed in more than one State; (b) It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State; (c) It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or (d) It is committed in one State but has substantial effects in another State.
These and many other obligatory policy standards are the ones that heads of government and their affiliates from Cuba, Venezuela, Bolivia, and Nicaragua repeatedly violate. These laws demonstratively describe that those wielding power who are grouped as 21st Century Socialism or Castrochavism’s regimes, operating through the Forum of Sao Paolo, are “a structured group of transnational organized crime”, they are not political, they are criminals who use ideology as an alibi to coverup their narco-States and the terrorism of State.
These same laws are obligatory for democratic governments and international organizations who, by not complying or enforcing them, violate them by omission, by dereliction of duties inherent to their functions as chief executives of State or international officials. Crime can continue to go unpunished only if those obligated to punish it appear to coexist with it, accepting criminals as politicians and heads of State and government.
*Attorney & Political Scientist. Director of the Interamerican Institute for Democracy.
Translation from Spanish by Edgar L. Terrazas
Published in Spanish by Infobae.com Sunday February 20, 2022.
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