Question

should dictators be offered immunity in return for their retirement?

Answer 1

Explanation:

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Answer 2

Explanation:

hile attention has been focused on whether the changes in Egypt represent the beginning of the end for Middle East autocracy, a rearranging of the guard or even an Islamist revival, the question of what happens to the deposed dictator Hosni Mubarak and others remains open. Although Mubarak has vowed to remain in Egypt for the moment, rumoured destinations for him and his family range from Saudi Arabia, to where the Tunisian tyrant Zine al-Abidine Ben Ali has already fled, to Britain. This raises the question whether it is better to allow dictators to retire peacefully and enjoy their ill-gotten gains, in return for standing aside, or whether it is important to prosecute them fully, even if this means that they are more likely to cling to power.

From a moral perspective, the answer is relatively straightforward. If the international community is at all serious about enforcing human rights then those who have engaged in repression and unlawful usurpation of power, such as Hosni Mubarak and other Arab autocrats, should face punishment. Furthermore, the obligation to bring former tyrants to justice is so great that it overrides any considerations of sovereignty, jurisdiction or amnesty. The House of Lords judgment in 1998 that Augusto Pinochet could be extradited to Spain, and the establishment of the International Criminal Court four years later, followed this principle.

In contrast, some theorists, such as Professor Jane Curry of Santa Clara University, have argued that such a hardline approach is too simplistic, and may prolong crises by discouraging autocratic leaders from leaving office lest they face prosecution. Indeed, Professor Bruce Bueno de Mesquita of New York University, author of the forthcoming book The Dictator’s Handbook, contends that, "the ability to grant amnesty in the face of a credible threat that the dictator is about to be overthrown is the smart thing to do".

Bueno de Mesquita argues that presenting autocrats with a face-saving alternative to clinging to power might even save lives, because they would then have “less reason to be severely oppressive”.

However, even when viewed solely in utilitarian terms, such “pragmatism” comes with its own drawbacks. Game theory suggests that encouraging current dictators to leave office by making retirement more attractive will also encourage future dictators to seize power, by lowering the risk that they will face prosecution. Given that 60 countries, representing nearly a third of the world’s population, are (according to Freedom House) only “partly free”, and therefore at risk of moving further into totalitarianism, this should be a grave concern. There is also the possibility that lenient treatment may allow dictators to regroup and mount a comeback, like Joaquín Balaguer in the Dominican Republic.

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