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).