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Extra update:
Dixon rejected for International Criminal Court post
Finally, a public hearing of sorts on the Petaquilla mine
Target of campaign led by
relatives of the disappeared
Dixon's
bid for International Criminal Court post fails
by Eric
Jackson
On
December 3 Graciela Dixon's last hope for a position as an International
Criminal Court (ICC) judge evaporated when she lost a fourth round vote for the
final remaining post by a vote of 74-21 to Uganda's Daniel David Ntanda
Nesereko. Japanese jurist Fumiko Saiga and French
judge Bruno Cotte won the other two posts in earlier rounds of voting.
In her best result, Dixon only received 26 of the possible 105 votes in an
earlier round.
Dixon,
the outgoing president of Panama's Supreme Court of Justice, had been the
object of an international campaign to block her appointment, led by relatives
of Latin Americans whom military dictatorships had caused to disappear. The
campaign, spearheaded by the Héctor Gallego Committee of the Families of the
Disappeared in Panama and the Grandmothers of Plaza de Mayo in Argentina,
mobilized hundreds of human rights activists and dozens of groups around the
world and some prominent opposition figures in Panama to object to Dixon because
she had several times ruled that investigations and prosecutions of abuses
during Panama's dictatorship were barred by an unwritten statute of limitations
implied by Panamanian law.
Dixon
was nominated for a position on the court by President Martín Torrijos, whose
father, General Omar Torrijos Herrera, presided over most of the more than 100 murders or
forced disappearances of dissidents during Panama's 21-year dictatorship.
Former Panamanian diplomat Carlos Guevara Mann, in a column published in La
Prensa and forwarded to all the diplomats who had votes to fill the three
vacant ICC posts noted Dixon's record on this country's high court and argued
that "a position in favor of the 'thesis' of a statute of limitations for
crimes against humanity is clearly incongruent with the purposes of the
ICC."
A
number of Latin American governments ended up supporting Dixon, including those
of Brazil and Uruguay, which are led by leftists who were persecuted by their
countries' former military dictatorships. Panamanian human rights activists
Otilia de Koster and Giovanni Niedda sent an open letter to Uruguayan
President Tabaré Vásquez, reminding him of his country's history of human
rights violations and his administration's promises of justice in those cases,
and complaining that by supporting Dixon his government would be backing one
who "has signed unappealable sentences that favor a statute of limitations
for crimes against humanity, such as murders and forced disappearances,
preceded by cruel tortures of the unfortunate victims."
With
Panamanian government financing, Dixon and an entourage traveled to Cuba,
Europe and the United Nations headquarters in New York but found virtually no
support in Europe. Since the United States is not a party to the Statute of
Rome that created the ICC it had no vote on filling its judicial vacancies, but
the PRD's emerging organization to turn out New York's absentee vote in the
2009 Panamanian elections did put on a show of support for Dixon, posing the
matter as one of ethnic pride for the West Indian community. However, such
support as could be mustered for Dixon where Panamanians are concentrated in
Brooklyn counted for almost nothing in the halls of the UN over in Queens.
Besides
objections to Dixon's human rights record, in the end another factor
worked against her. Another nominee of another Panamanian
president already occupies a seat on the ICC bench, so there was a sense that since this small country is represented on the 18-judge court another nation should get the spot. That Panamanian-nominated judge, however, is actually Costa Rican. Elizabeth Odio, who served as her country's justice minister, was nominated for the ICC bench by former President Mireya Moscoso. At the time Panama's legal community was annoyed that Mireya would nominate a foreigner.
Extra update:
Dixon rejected for International Criminal Court post
Finally, a public hearing of sorts on the Petaquilla mine
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