Generals do take responsibility: History

Generals do take responsibility: History

Allegations that a number of top army brass were involved in
human rights violations in the regions have sparked heated debate
among the generals themselves. Charles Himawan PhD, a member of
the National Commission on Human Rights and professor of law at
the University of Indonesia reflects on parallel cases from
history.

JAKARTA (JP): The history of human rights shows that there are
many interesting legal cases regarding leadership and
responsibility: from a task force leader to a head of state. The
world has witnessed cases such as the My Lai massacre (Lt.
William Calley, 1970) and the Kwangju massacres (Chun Doo-hwan
and Roh Tae-woo, 1995).

Cases like these are familiar to human rights activists all
over world. However, in Indonesia there are still many cases of
human rights violations that have not been solved in a just
manner. From kidnappings, mass rapes and shootings to the case of
former president Soeharto.

One historical case that has become a cause celebre is the
"Athenian Generals" (406 BC). The issue in question is their
responsibility or otherwise shown after a naval battle near the
island of Lesbos. Eight generals were accused of culpable
negligence for failing to rescue the casualties and recover the
bodies of the dead.

2500 years ago man was concerned about human rights
violations. This proves that human rights are not "imported" from
the West, specifically not after World War II. They are
"imported" from man's conscience. There are no human rights that
are only applicable in Vietnam, South Korea, East Timor or in
Indonesia. Human rights are universal so as long as the world is
occupied by human beings, not by a strange beings from Mars.

The generals had in fact ordered two captains, Theramenes and
Thrasybulus, to launch a search and rescue attempt, but due to a
heavy storm they failed to reach the area. Since the generals did
not issue further orders, they were counted as having conducted
the rescue half-heartedly. We can imagine were they not to have
ordered a rescue at all, they might have been accused, using
modern terminology, as having committed a gross violation of
human rights.

The six generals, Erasnides, Aristocrates, Diomedon, Lysias,
Pericles and Thrayllus believed they were innocent and returned
home to Athens. Two generals, Aristogenes and Protomachus, knew
that they had committed human rights violations, and therefore
chose not to return to Athens. Upon arrival in Athens, the six
generals were immediately arrested. A kind of people's court was
convened, consisting of 501 inhabitants of Athens and presided
over by several officials, one of whom was Socrates.

During the hearing the generals tried to put the blame on the
captains. In retaliation, the captains Theramenes and Thrasybulus
pointed their fingers at the generals. Apparently, finger
pointing is not only practiced in Indonesia today.

The generals called expert witnesses to testify that under
such a heavy storm it would have been impossible to make a
rescue, but emotion was running high in the court, especially
after Theramenes presented to it a survivor and relatives of
those who had perished. The former told the court that those who
had drowned around him had asked him, if he survived, to tell the
people of Athens how the generals had abandoned them.

Sensing the anger of the people, Callixenus proposed that the
people, without listening to the generals anymore, should
pronounce them collectively guilty.

However, another member, Euryptolemus, on behalf of the
generals, objected to Callixemus's proposal. Euryptolemus told
the court that the mistake and the responsibility of the generals
were clear in view of the line of command.

Nevertheless, judging them collectively and not giving them
the benefit to defend themselves was a violation of human rights.
However, the anger in the court was so high that everyone, except
Socrates, condemned all six generals to death. The two generals
who did not return to Athens were right. It would have been
difficult to get a fair trial and hence justice with emotions
running so high.

The case of the "Athenian Generals" clearly demonstrates that
Greece's direct democracy judged a half-hearted order as equal to
no order at all (a negative act) in preventing human rights
violations. Imagine what the punishment would have been if there
were orders to deliberately violate human rights.

In today's Indonesia, many are doubtful. The enthusiasm to
promote freedom of expression has given birth to a freedom from
responsibility. Nevertheless, human history proves, under certain
circumstances, a nation can produce generals that show valor and
responsibility.

The case of the Earl of Essex II, Robert Devereux (1560-1601)
is one of them. Full of valor and responsibility, he led himself
to be beheaded in spite of a possible pardon from Queen Elizabeth
I (1533-1603).