Gukurahundi Crimes Against Humanity in Zimbabwe? An Evaluative Investigation

Siphosami Malunga

doi:10.25159/2521-2583/11681

Authors

Siphosami Malunga University of the Witwatersrand https://orcid.org/0000-0001-8991-8608

DOI:

https://doi.org/10.25159/2521-2583/11681

Keywords:

Zimbabwe, Gukurahundi atrocities, international crimes, crimes against humanity, genocide, war crimes, individual criminal responsibility, accountability

Abstract

Between 1983 and 1986, the Zimbabwean government deployed the 5th Brigade of the Zimbabwe National Army (ZNA) to the provinces of Matabeleland and Midlands in an operation known as Gukurahundi. The stated aim of the Brigade’s operation was to combat dissidents—armed groups of men, comprising former ZIPRA combatants who had deserted the ZNA alleging that they were being discriminated against and attacked within the ZNA. Also, there were allegations that some were even killed. Instead, the 5th Brigade committed heinous atrocities against civilians in the two provinces. Within six weeks of arriving in Matabeleland North, 2, 000 civilians had been killed. Thousands more were raped, tortured, enforcedly disappeared and their homesteads and property burnt and destroyed. In four years, an estimated 20, 000 people had been killed in an operation covering Matabeleland and Midlands. Despite being presented with documented evidence of atrocities, including through its own Chihambakwe Commission of Enquiry on the disturbances in Matabeleland, the government of Zimbabwe denied that its army had committed atrocities and refused to publish the Commission’s findings. A political settlement between ZANU and ZAPU in 1987 ended the atrocities. The perpetrators of atrocities were pardoned, and there was no accountability or justice for victims. This article examines the Gukurahundi atrocities and evaluates whether they meet the requirements of crimes against humanity (CAH) under international law. The article has three objectives. First, to provide an overview of crimes against humanity, including their origins and historical evolution and development. Second, to examine the contextual, physical and mental elements of CAH. Finally, to evaluate whether the Gukurahundi atrocities meet the legal requirements for the enumerated acts of crimes against humanity. The prohibition of CAH carries an international obligation to investigate, prosecute and punish the crimes. If the 5th Brigade is found to have committed CAH, the perpetrators are liable to be investigated, prosecuted and punished under international law.

References

Alija F R and Estapa J, 'Towards a Single and Comprehensive Notion of Civilian Population in Crimes Against Humanity' (2016) 16 International Criminal Law Review 1-31.

Altman A, 'Genocide and Crimes Against Humanity; Dispelling the Conceptual Fog' (2012) 29 Social Philosophy and Policy 1 at 280-308. https://doi.org/10.1017/S0265052511000033

Ambos K, 'Crimes Against Humanity and the International Criminal Court' in Leila Nadya Sadat (ed), Forging a Convention for Crimes Against Humanity (Cambridge University Press 2011). https://doi.org/10.1017/CBO9780511921124.016

Askin S, 'Gender Crimes Jurisprudence in the ICTR: Positive Developments' (2005) 3 Journal of International Criminal Justice 4 at 1007-1018. https://doi.org/10.1093/jicj/mqi061

Auret D, 'Reaching for Justice: The Catholic Commission for Justice and Peace 1972-1992' (CCJP 1992).

Bassiouni M, 'Crimes against Humanity. Historical Evolution and Contemporary Application' (Cambridge University Press 2011) 12-13. https://doi.org/10.1017/CBO9780511976537

Berkeley B, 'Zimbabwe: Wages of War, A Report on Human Rights, Lawyers Committee for Human Rights' (1986).

https://doi.org/10.2307/761951

Cameron H, 'The Matabeleland Massacres: Britain's Wilful Blindness' (2018) 40 The International History Review 1 at 13. https://doi.org/10.1080/07075332.2017.1309561

Carsten S, A Critical Introduction to International Criminal Law (Cambridge University Press 2019).

Catholic Commission for Justice and Peace in Zimbabwe and Legal Resources Foundation Breaking the Silence -Building True Peace: A Report on the Disturbances in Matabeleland and the Midlands 1980-1988 (1997).

Chehtman A, 'A Theory of International Crimes: Conceptual and Normative Issues' in Kevin Jon Heller, Frederic Megret, Sarah MH Nouwen, Jens David Ohlin and Darryl Robinson (eds), The Oxford Handbook of International Criminal Law (Oxford University Press 2020). https://doi.org/10.1093/law/9780198825203.003.0014

Coalson R, 'What's the Difference Between "Crimes Against Humanity" and "Genocide"?' The Atlantic (13 March 2013).

Cryer R, An Introduction to International Criminal Law and Procedure (Cambridge University Press 2014). https://doi.org/10.1017/CBO9781107588707

Doran S, Kingdom, Glory: Mugabe, ZANU and the Quest for Supremacy: 1960-1987 (Sithatha Media 2017).

Doran D, 'New Documents Claim to Prove Mugabe Ordered Gukurahundi Killings' The Guardian (19 May 2015).

Dubler R and Kalyk M, 'Crimes against Humanity under Customary International Law and the ICC: The Chapeau Elements' in Crimes Against Humanity in the 21st Century: Law, Practice and Threats to International Peace and Security (Brill 2018). https://doi.org/10.1163/9789004347687

Eboe-Esuji C, 'Crimes Against Humanity: Directing Attacks Against a Civilian Population' (2008) 2 African Journal of Legal Studies 118-129. https://doi.org/10.1163/221097312X13397499736543

'Former CIO Spy, Woods, Implicates Mnangagwa in Gukurahundi' Pindula News 14 April 2019.

Frankel G, 'Zimbabwe Retrains Brigade After Departure of North Koreans' The Washington Post (1 May 1984).

Giorgou I, 'State Involvement in the Perpetration of Enforced Disappearance and the Rome Statute' (2013) 11 JICJ 1001. https://doi.org/10.1093/jicj/mqt063

Grootveld G, 'The ICTY and Sexual Violence as a Crime Against Humanity' (Unpublished Thesis Tilburg University).

Guzman M, 'Crimes Against Humanity' in William A Schabas and Bernaz Routledge (eds), Handbook of International Criminal Law (Routledge 2011) 127. https://doi.org/10.4337/9780857933225.00012

Joshua Nkomo Letter written to Prime Minister Robert Mugabe 7 June 1983 quoting Financial Times, Telegraph and The Times 15 April 1983.

Holvoet M, 'The State or Organisational Policy Requirement Within the Definition of Crimes Against Humanity in the Rome Statute: An Appraisal of the Emerging Jurisprudence and the Implementation Practice by ICC States Parties' (Brief Paper)

<https://www.internationalcrimesdatabase.org/upload/documents/20131111T105507-ICD%20Brief%20%202%20-%20Holvoet.pdf> accessed on 6 March 2022.

Inter-American Court of Human Rights' 1988 Ser C No. 4, (1988) 9 Human Rights L J 212, 124-131.

International Military Tribunal (Nuremberg), 'Judgment and Sentences' (1947) 41 American Journal of International Law 172-221. https://doi.org/10.2307/2193873

Jalloh C, 'What Makes a Crime Against Humanity a Crime Against Humanity' (2013) 28 American University International Law Review 381 at 418.

Kittichaisaree K, International Criminal Law (Oxford University Press 2010).

Kress C, 'On the Outer Limits of Crimes against Humanity: The Concept of Organization within the Policy Requirement: Some Reflections on the March 2010 ICC Kenya Decision' (2010) 23 Leiden Journal of International Law 855-873. https://doi.org/10.1017/S0922156510000415

Luban D, 'A Theory of Crimes Against Humanity' (2004) 29 Yale J Int'l L 85-167.

Mettraux G, International Crimes and the Ad Hoc Tribunals (Oxford University Press 2005).

https://doi.org/10.1093/acprof:oso/9780199207541.001.0001

Mettraux G, The Law of Command Responsibility (Oxford University Press 2009) https://doi.org/10.1093/acprof:oso/9780199207541.001.0001

Miralis D, 'Crimes Against Humanity' <https://ngm.com.au/crimes-against-humanity/> accessed on 13 July 2022.

'Mugabe Warns Smith of Jail' Herald (22 October 1981).

'National Unity is the Lodestar of Our Government,' The Herald (16 November 1982).

Neha J, 'Perpetrators and Accessories in International Criminal Law: Individual Modes of Responsibility for Collective Crimes' (2015) 13 Journal of International Criminal Justice at 896-897. https://doi.org/10.1093/jicj/mqv046

Nilsson J, 'Crimes Against Humanity' in Antonio Cassese (ed), The Oxford Companion to International Criminal Justice (Oxford University Press 2009).

Oosterveld V, 'The Legacy of the ICTY and ICTR on Sexual and Gender-based Violence' in Milena Sterio and Michael Scharf (eds), The Legacy of Ad Hoc Tribunals in International Criminal Law: Assessing the ICTY's and the ICTR's Most Significant Legal Accomplishments (Cambridge University Press 2019). https://doi.org/10.1017/9781108277525.010

Pohjolainen Yap K, 'Sites of Struggle: The Reorientation of Political Values in the Matabeleland Conflict, Zimbabwe 1980-1987' (2002) 6 African Sociological Review 17-45. https://doi.org/10.4314/asr.v6i1.23201

Report of the International Law Commission on the Work of its Forty-eighth Session, 6 May-26 July 1996, UN GAOR 51st Sess Supp 10 UN Doc A/51/10 (12 November 1996).

Renzo M, 'Crimes Against Humanity and the Limits of International Criminal Law' (2012) 31 Law and Philosophy 4 at 443-476. https://doi.org/10.4314/asr.v6i1.23201

Reiger C and Wierda M, 'The Serious Crimes Process in Timor-Leste: In Retrospect' <https://www.ictj.org/sites/default/files/ICTJ-TimorLeste-Criminal-Process-2006-English.pdf> accessed on 8 March 2022.

Robinson D, 'Essence of Crimes against Humanity raised by Cchallenges at the ICC' (2011) EJIL. https://www.ejiltalk.org/essence-of-crimes-against-humanity-raised-by-challenges-at-icc/> accessed on 5 June 2023.

Schabas W, 'State Policy as an Element of International Crimes' (2008) 98 Journal of Criminal Law and Criminology 953-982.

Schwelb E, 'Crimes Against Humanity' (1946) 23 British Yearbook of International Law 178,195-7.

Sithole M, 'Is Zimbabwe Poised on a Liberal Path? The State and Prospects of the Parties' (1993) 21 A Journal of Opinion 2 at 35-43. https://doi.org/10.1017/S0047160700501620

Schabas W, The International Criminal Court: A Commentary on the Rome Statute (Oxford University Press 2010). https://doi.org/10.1093/law/9780199560738.001.0001

Sliedregt, EV, Individual Criminal Responsibility in International Law (Oxford University Press 2010).

Sluiter G, 'Chapeau Elements of Crimes Against Humanity in the Jurisprudence of the UN Ad Hoc Tribunals' in Leila Nadya Sadat (ed), Forging a Convention for Crimes Against Humanity (Cambridge University Press.2011). https://doi.org/10.1017/CBO9780511921124.010

Tambudzai Z, 'Determinants of Zimbabwe's Military Expenditure (1980-2003)' (Research Paper) at 4 last <https://www.researchgate.net/publication/237439470_Determinants_of_Zimbabwe's_Military_Expenditure_1980-2003> accessed 21 July 2022.

Tendi M, The Army and Politics in Zimbabwe: Mujuru, the Liberation Fighter and Kingmaker (Cambridge University Press 2020). https://doi.org/10.1017/9781108561600

UN Office on Genocide Prevention and the Responsibility to Protect, 'Crimes Against Humanity'<https://www.un.org/en/genocideprevention/crimes-against-humanity.shtml> accessed on 7 March 2022.

Woods K, The Kevin Woods Story: In the Shadow of Mugabe's Gallows (30 Degrees South Publishers 2007).

Wald PM, 'Genocide and Crimes Against Humanity' (2007) 6 Washington University Global Studies Law Review 621-633.

Yap K, 'Uprooting the Weeds: Power, Ethnicity and Violence in the Matabeleland Conflict', (Unpublished PhD Thesis, University of Amsterdam 2001).

Zimbabwe Catholic Bishops Conference Pastoral Letter published in the state-owned Herald on 30 March 1983.