REPUBLIKA.CO.ID, By: Toni Ervianto *)
The International People’s Tribunal on the 1965 Crimes Against Humanity (IPT 1965) concluded that the Indonesian government had committed acts of genocide, as stipulated in the 1948 International Genocide Convention, during the 1965 communist purge, which reportedly led to the death approximately 500,000 people.
"The facts brought before the tribunal by the prosecution include acts that fall within those enumerated in the Genocide Convention," said Presiding judge Zakeria Yacoob at the IPT, as he read out the tribunal’s final report via a video presentation recorded from Cape Town, South Africa. Yacoob said Indonesia was bound by the 1948 Genocide Convention under international law.
He said the acts committed by the state had targeted a significant and substantial section of the Indonesian nation, which should have been protected according to the Genocide Convention. Yacoob further said such acts were conducted with the "specific intent to annihilate or destroy that section in whole or in part”.
The conclusion comes as an "unexpected" addition from the nine count indictment against the government on human rights violations presented by prosecutors at the hearing held last year at the Hague from Nov. 10 to Nov. 13.
"In the beginning, we did not bring charges on genocide. But as it turns out, along the way, elements of genocide were found based on Article 1 of the 1948 Genocide Convention," IPT 1965 coordinator Nursyahbani Katjasungkana said.
Nursyahbani expressed satisfaction over the tribunal’s conclusions although they were not legally binding in terms of extending justice or compensation to the victims.
However, she said human rights violations committed by the state could be sanctioned Law No. 26/2000 on Human Rights Tribunals. "Of course, this depends on the Indonesian government taking advantage of this opportunity," Nursyahbani said.
Powerhouse countries like the US, the UK and Australia were directly involved with the Indonesian government in the 1965 communist purge, the International People's Tribunal on the 1965 Crimes Against Humanity said in its final report released on Wednesday.
"The United States of America, the United Kingdom and Australia were all complicit to different degrees in the commission of these crimes against humanity," said presiding judge Zak Yakoob on Wednesday in a video presentation of the final report from the tribunal, which was held last year in The Hague from Nov. 10 to 13.
The US had supplied lists of names of Indonesian Communist Party (PKI) officials to the Indonesian Military despite an existing "strong presumption that these would facilitate the arrest and/or the execution of those that were named", Yakoob said as evidence in justifying the charge of complicity. Meanwhile, the UK and Australia conducted a "sustained campaign repeating false propaganda from the Indonesian Army", he added.
The UK and Australian governments had continued with the policy even after it had become abundantly clear that killings and other crimes against humanity were taking place on a mass and indiscriminate basis. "The governments of the countries referred to above were fully aware of what was taking place in Indonesia through their diplomatic reports, from contacts in the field and accounts in the Western media," said the judge in reference to all three countries involved.
By the beginning of 1966, Yakoob said, the number of killings that were reliably reported to Washington, London and Canberra ranged from a minimum of 100,000 to four times that count.
IPT 1965 coordinator Nursyahbani Katjasungkana said the verdict is not legally binding since it is not a criminal court. However, it serves as a political action aimed at making the Indonesian government accountable for the crimes against humanity believed to have left at least 500,000 people dead.
Earlier, Coordinating Political, Legal and Security Affairs Minister Luhut Pandjaitan said the government would not apologize to the victims and survivors of the 1965 purge, or their families, because Indonesia had its own legal system.
Should Not Be Followed
The IPT 1965’s decision is a political stance and political setting which to urge Indonesia’s government as genocide perpetrators, but exactly 1965 tragedy didn’t relevant if its called as an international disputes because its was happened which stipulated by a communist coup to Indonesia’s government.
I think IPT 1965’ decision is a rush decision because talking about the amount of 1965 tragedy victims until now became pro and contra. Many of human rights activies has been believed that the death approximately 500,000 people, but these facts has been denied by government officer.
Indonesia’s government had been built the facts finding team with Indonesia’s Human Rights Commision to make assessment on the truly amount of death people on 1965 tragedy. The facts finding team has been tried to confirm and to record it with visiting the mass graves which allegedly as 1965 tragedy mass graves around Indonesia.
The indictment of IPT 1965 to Indonesia on 1965 tragedy didn’t all true because its brought a special mission to abraupt destroy to Indonesia’s image. One of a IPT 1965 indictment such as "specific intent to annihilate or destroy that section in whole or in part”. I think 1965 tragedy had been triggered by a communist community and their symphatizer coup with a special purpose, there is a changing our national tenet or our national ideology, Pancasila with a communistm ideology.
The tribunal’s conclusions although they were not legally binding in terms of extending justice or compensation to the victims, but the IPT’1965 decision has a global echoes to stamp Indonesia’s people as a human rights thug. I think the remnant of a communist communities and their symphatizers didn’t stopping their efforts to purge or to survive again in Indonesia with using the IPT 1965’s decision as “a political amunition” to urge Indonesia’s government to obey ones.
I think the Indonesia’s government should not followed IPT 1965’s decision even less the ones had also decided that United States, United Kingdom and Australia had been involved on those case.
Furthermore, Indonesia’s government has a demand to solve these case through a national law mechanism or non justice mechanism, because IPT 1965’s decision has been made a political uncertainty in Indonesia. .
Accordingly, the firm political response of the Indonesian Government, who is rejecting the IPT decision in Haag is definitely very true. The continuous alertness against Communism and Communist Party is clearly important.
Coordinating Minister for Political, Legal and Security Affairs General (ret) Luhut Binsar Pandjaitan firmly said the Government of Indonesia will not pay any attention and follow the statement of IPT Council to ask for pardon to the victims of the so called the human right violation that happened in Indonesia in 1965.
The Government of Indonesia does not care to the activity of IPT, there is no any Indonesian interest to the IPT Council and IPT Council has not any authority to the Government of Indonesia. There is no any administrative or command line between IPT Council and Republic of Indonesia. Republic of Indonesia is sovereign Country and no one could command the Indonesian Nation.
*) The author is a political and security issue observer.
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