Dictatorship and War - Dao, Tang Duc - Attorney at Law

07/03/22: In contemporary history, there is almost an undeniable correlation between dictators or dictatorships and humanity's bloodiest wars. Paradoxically, there is also a correlation between democracy and enduring peaceful eras of mankind. On 24 February, 2022, after weeks of mobilizing nearly 200,000 troops in Ukraine's border regions, the Russian president, Vladimir Putin, defied the fundamental principles of the United Nations charter, officially sent troops to invade the territory of the Republic of Ukraine, an independent, sovereign state and member of the United Nations. Putin's goals are predicted by international observers as follows: 1. The creation of puppet republics in the autonomous regions of Crimea, Donetsk and Luhansk (which are on the territory of Ukraine) and incorporate them in the Russian Federation. Such process had been started since the war with Ukraine in 2014. 2. Overthrowing the pro-Western government in Ukraine of President Volodymyr Zelenskyy and establishing a pro-Russian puppet government to lead the Ukrainian people 3. Preventing Ukraine from participating in the European Union and NATO at all costs. International observers agree that, because the military power imbalance is heavily tipped in favor of the Russian Federation, in the first stage of the conflict, the Ukrainian army will struggle. However, Ukraine is not a small country with a population of about 45 million and a territory twice that of Vietnam. Although the United States and NATO would not send troops to Ukraine, it indirectly assists in the form of advanced weaponry and the Ukrainian army has been upgraded to a higher level compared to the 2014 war. There are many signs that the Ukrainian army has fought bravely and caused a lot of material and human damage to the Russian army. In addition, the economic sanctions of the United States, United Kingdom, Canada, Australia, Japan and the European Union are extremely severe and will crush the economy of the Russian Federation. The obvious proof is that in 2013, before the 2014 invasion of Ukraine, Russia's GDP per capita was $16,000. However, after attacking Ukraine in 2014, because of sanctions imposed by democratic countries, in 2021, Russia's GDP per capita decreased to 11,000 USD. For comparison, we note that in 2013 China's GDP per capita was only $7,000 USD. But in 2021 China GDP surpassed Russia at 12,551 USD. Although for now Putin and Xi Jinping are allies, on a strategic level, China remains the most dangerous enemy of the Russian Federation. Historically China has always coveted Russian Siberia and Far East Russia, which they consider historic possessions of China. China is also competing for influence with Russia in the Central Asian countries of the former Soviet bloc. Today, with a huge population of 144 million and vast swaths of territory stretching from Europe to Asia, the gross national product of the Russian Federation is far behind countries with much smaller populations such as Germany, Great Britain, France and Italy, let alone the entire European Union. Russia's gross national product falls behind that of many states in the United States and many provinces in China. Except for Putin's close associates, most Russians live in extreme poverty. The new sanctions in 2022 are more severe and deeper than those in 2014 and the Russian economy will be in free fall. We cannot rule out the possibility that the Russian people will revolt because of hunger. Social and political instabilities will ensue. The question to be raised is: Why are dictators, from Napoleon, to Hitler, Lenin, Stalin, Mao Zedong and Putin so inclined to start wars despite dire consequences for the world, for their own countries and at times for themselves personally? The reasons are many, but can be summed up as follows: 1. With the irreversible march of democracy based on constitutionalism, the rule of law and pluralism, contemporary humanity no longer accepts authoritarianism as a form of government. That is why dictators always feel insecure because of the seeds of opposition in their own countries. One of the classic methods is to dream up an enemy, and wage a war at home or abroad, and to suppress all opposition under the guise of solidarity and patriotism. 2. Absolute power brings not only absolute corruption, but also absolute madness. In this period of history, Putin could not re-create an empire and ascend to the throne of Tsarist Russia. However, he could and did change the Constitution to be President for life. He also aspires enter history books as the great leader who redraws the vast borders of the Russian Empire like the emperors Peter the Great or empress Catherine the Great. For this dream of greatness Putin is ready to take the gamble. Another important question to ask of us is: In such dire circumstances, what is our responsibility as a member of civilized humanity? The answer is: While there is a correlation between dictatorship and war, there is also an equal correlation between democracy and peace. Thus, as responsible members of humanity, it is imperative of us to contribute to the building of genuine democracy for our respective countries, in order to make a practical contribution to peace and prosperity for mankind. Wherever the light of democracy reaches, there will be peace. On the contrary, wherever the darkness of dictatorship goes, oppression and war will follow. Not only citizens in authoritarian countries such as Vietnam, China, North Korea, Burma, Thailand, Iran, Russia... have this noble responsibility, but even citizens in democratic countries must assume such responsibility to help the people of less fortunate countries. As responsible Vietnamese citizens, let us resolutely begin with the overthrowing of the communist dictatorship in Vietnam.

The Case for an International Court to Adjudicate on Communist Crimes Against Humanity

Point of View

For Week Ending 21 May 2006

The Case for an International Court to Adjudicate on Communist Crimes Against Humanity

Doi-Thoai is now up to its 9^th article on Communist Crimes in Vietnam, not without proper justification. Given the slow pace of change in Vietnam, since the Communist Party’s (CPV) 10^th Congress ending on 24 April 2006, it is time to reconsider the issue of crimes committed by the Communists across the world, in particular those committed by the CPV against the Vietnamese people.

Since the end of World War II, the international community has faced atrocities committed by the Nazi regime that are beyond human imagination. Thus was born The United Nations Charter, The UN International Covenant on Economic, Social and Political Rights and most relevant to the situation now in Vietnam are the Principles of the Nuremberg Tribunal, 1950.

To quote two of these principles:

“Principle I

Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.

Principle II

The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

The crimes nominated in these principles are among others:

a.      War crimes:
Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or in occupied territory, murder or illtreatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

b.     Crimes against humanity:
Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.”

When we review the situation in Vietnam, since 1949 until the aftermath of the 1954 Dien Bien Phu battle, and since the end of the war in 1975, the CPV appears to have committed both war crimes and crimes against humanity, as defined under the Nuremberg Tribunal’s principles.

Recently the tide seems to be turning in favor of the creation of an international court to adjudicate communist crimes. Indeed on its 5^th sitting on 25 February 2006, the Parliamentary Assembly of the Council of Europe officially adopted with an overwhelming majority, resolution 1481 to deal with Communist crimes and dismantle its heritage.

Such resolution expresses unambiguously that:

“2.       The totalitarian communist regimes which ruled in Central and Eastern Europe in the last century, and which are still in power in several countries in the world, have been, without exception, characterised by massive violations of human rights. The violations have differed depending on the culture, country and the historical period and have included individual and collective assassinations and executions, death in concentration camps, starvation, deportations, torture, slave labour and other forms of mass physical terror, persecution on ethnic or religious base, violation of freedom of conscience, thought and expression, of freedom of press, and also lack of political pluralism.

3.       The crimes were justified in the name of the class struggle theory and the principle of dictatorship of the proletariat. The interpretation of both principles legitimised the “elimination” of people who were considered harmful to the construction of a new society and, as such, enemies of the totalitarian communist regimes. A vast number of victims in every country concerned were its own nationals. It was the case particularly of peoples of the former USSR who by far outnumbered other peoples in terms of the number of victims.”

The resolution went on to pointedly compare communist crimes to those of Nazi Germany:

“5.       The fall of totalitarian communist regimes in Central and Eastern Europe has not been followed in all cases by an international investigation of the crimes committed by them. Moreover, the authors of these crimes have not been brought to trial by the international community, as was the case with the horrible crimes committed by National Socialism (nazism).”

It then refers to crimes which are still being committed by present ruling communist regimes:

9.           “Totalitarian communist regimes are still active in some countries of the world and crimes continue to be committed. National interest perceptions should not prevent countries from adequate criticism of present totalitarian communist regimes. The Assembly strongly condemns all those violations of human rights.”

However, despite its concise analysis and strong condemnations, the above resolution has failed to mention the necessity to establish a proper tribunal to comprehensively deal with these crimes. Such resolution would go the same road that the Hague International Criminal Tribunal for the former Yugoslavia has gone in dealing with the Balkan wars and ethnic cleansing.

Given the resilience and continued repressive nature of the remaining few Communist regimes in China, North Korea, Cuba and Vietnam, there is no excuse whatsoever, not only for the European Council but also for the United Nations, not to proceed with the establishment of an International Court to Adjudicate on Communist Crimes against humanity.

The Nazis may have eliminated 6 million Jews in Europe, The Serbs a few hundred thousand Moslems in Bosnia. This paled in comparison with 20 millions killed by Stalin in Russia, tens of millions by Mao-Tse Tung in China, hundreds of thousands in each of the nations of North Korea, Cuba and Vietnam.

The number of people killed and injured by the various Communist regimes and the beastly cruelty inflicted on their victims vastly exceed those of the Nazis and criminals of the Balkans.

There is a perfectly strong case not only to seek justice for the innocent victims of Communism, but also to sow fear in the hearts of the Communist rulers in these unfortunate nations, and by the same stroke, to speed up the process of democratic change  within these nations. Leaders of the CPV may feel secure within the borders of Vietnam because they are above the local constitution and the law. But once outside of Vietnam, they must be made to feel the weight of international justice. Hopefully one day, national sovereignty shall be no longer the perfect protective shield behind which criminals the like of Do Muoi, Le Duc Anh, Pham Van Tra and clique could hide from international justice and the wrath of mankind.

Đằng Vân Đào Tăng Dực

22 May 2006