Justice and the death of Gaddafi

The colonel's killers took the law into their own hands. Does this matter?

Gaddafi was lynched. At least, that's what appears to have happened. One moment he was being hauled, very much alive, from the tunnel in which he had taken refuge. On our next sight of him, shot, beaten and dragged through the streets, he very much wasn't. Whether he died from a bullet to the head or the stomach, on the bonnet of a jeep or in an ambulance, his fate was sealed the moment he was apprehended. No legal process, however truncated, preceded his peremptory dispatch; and yet yesterday a man who claimed to have fired the shot that terminated the Colonel's earthly existence was openly bragging about it to the TV cameras. Clearly he did not fear standing trial for murder.

To cover themselves, the interim Libyan government has put out a story about Gaddafi dying during a shoot-out. And that is probably the end that the toppled dictator himself would have chosen, or at least what he would have claimed to want. A trial, with all the grandstanding possibilities and opportunities to embarrass western leaders it would have afforded him, would have been even more Gaddafi's style. His actual death was neither heroic nor theatrical: cornered, he was, it seems, begging for his life. But the mob was in no mood for mercy.

I'm not sentimental about these events. Gaddafi was a dreadful man and the world is a better place without him. And it is perhaps fitting that his death differed little, in its essentials, from that meted out to countless others on both sides of Libya's civil war, others without the blood of thousands on their hands, others whose mangled corpses were never shown on TV or, if they have been, were merely anonymous visual statistics. Gaddafi's death was not, like Osama Bin Laden's, the result of a planned and targeted operation. It was, it appears, entirely spontaneous: popular justice at its roughest and readiest. Such things happen in the heat of battle, or when the normal mechanisms of law and order are not functioning.

Violent death can even provide a catharsis. Certainly it looked that way last night, although the manner of Gaddifi's death evoked neither pity nor terror among ordinary Libyans, but rather waves of relief and joy. For those who suffered under Gaddafi's rule, this is understandable. And joy, like any strong emotion, can be contagious. Yet there's something unseemly about scenes of jubilation over the bloody corpse of anyone, even a dictator. They do not reveal the best of humanity. They evoke rather the atavistic bloodlust of the Roman arena or, in our own history, the excitement of the crowds who gathered at Tyburn to watch traitors being hanged, drawn and quartered.

It's therefore a bit depressing to see the lack of nuance in the international response to yesterday's events either in the media, which has crowed over Gaddafi's corpse, or in official reactions, which have welcomed the dictator's removal without troubling too much about legal niceties. There has been much use of euphemisms. Is it that western governments do not expect of Middle Eastern countries the same standards that presumably they would apply to their own? Even the Vatican seemed pleased, saying that his demise "marks the end of a much too long and tragic phase of a brutal struggle to bring down a harsh and oppressive regime." While hoping that the Libyan people "might be spared further violence due to a spirit of revenge", there was little hint of regret for the nature of the "dramatic event", or the fact that it deprives both Libya and the world of the spectacle of formal justice taking its course.

But however emotionally satisfying, mob justice is no substitute for the real thing. Gaddafi's lynching means that many secrets have died with him and will never be told. The manner of his death also risks making a martyr of him, or, worse, nurturing a desire among his remaining supporters to avenge him. Even if there are no such consequences, the new Libya is somehow diminished by the casual eradication of the embodiment of the old.

Belief, disbelief and beyond belief
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Why orphanages are not the answer to Hurricane Matthew’s devastation

For this year’s New Statesman Christmas charity campaign, we are supporting the work of Lumos in Haiti.

Two weeks after Hurricane Matthew made landfall, I found myself driving along the Haitian coast, 40 miles north of Port-Au-Prince. The storm had barely impacted this part of the country when it hit in early October. There were a few days of rain, some felled trees, and locals complained that water ate away at the beachfront. But nothing remotely comparable to the devastation in other parts of the country.

In an odd turn of events, I found myself traveling in this relatively untouched central zone with two young American women – missionaries. “And there’s an orphanage,” one pointed out as we zoomed by. “And here’s another one too,” the other said, just on the opposite side of the road. They counted them like a memory game: remembering where they’ve popped up, their names, how many children are housed within their walls.

The young women spoke of the neglect and abuse they witnessed in some of them. No matter how “good” an orphanage might be, it simply cannot replace the love, attention, and security provided by a safe family environment. “And it doesn’t matter if the kids look OK. It doesn’t mean anything. You know it’s not right,” the younger of the two quietly says. She was a volunteer in one that cared for 50 children at the time. “Most people who live and work in Haiti don’t like the orphanage system. We keep getting them because of Americans who want to help but don’t live in Haiti.”

In the quick mile of road that we covered, they identified nine orphanages. Two of the orphanages housed less than 10 children, six averaged around 40 children. One housed over 200 children. All but one was set up in the months following the 2010 earthquake. There was a significant increase in the number of orphanages across Haiti in the next four years.

The institutionalisation of children is still the go-to response of many Western donors. US funders have a quick and relatively cheap access to Haiti, not to mention an established history of support to orphanages with nearly seven years’ investment since the earthquake. Many local actors and organisations, international NGO staff, and others in the child protection sphere share the same fear: that many new orphanages will crop up post-hurricane.

But it’s not just orphanage donors who do not understand the true impact of their interventions. Humanitarian relief workers have a gap in institutional knowledge when it comes to best practice in emergency response for this particular vulnerable group of children.

Nearly two months on from the hurricane, rain and flooding continue to hamper humanitarian relief efforts in the south of Haiti. Over 806,000 people still need urgent food assistance and 750,000 safe water, and 220,000 boys and girls remain are at risk, requiring immediate protection. But what about the virtually invisible and uncounted children in orphanages? These children cannot line up to receive the food aid at relief agency distribution centers. They cannot take advantage of child-friendly spaces or other humanitarian services.

We must find a way of reaching children in orphanages in an emergency, and bring their situations up to an acceptable standard of care. They have the right to clean water, food, medical attention, education, and safe shelter – like all other children. But therein lies the catch: orphanages cannot just be rehabilitated into perceived best options for vulnerable families. A balance must be struck to care for institutionalised children in the interim, until family tracing and reunification can occur. Simultaneously, families must be strengthened so that they do not see orphanages as the only option for their children.

We know that nine orphanages per mile does not equal a good emergency response. Housing children along an isolated strip of road segregates them from their families and communities, and violates their best interests and their human rights.

Since I visited Haiti last, Lumos, in partnership with the Haitian government and local partners, has documented over 1,400 children in 20 orphanages in the hurricane-affected South. Vulnerable families have been strengthened in efforts to avoid separation, and we are working with the government to ensure that no new children are placed in orphanages.

We are all worried that, without concerted messaging, efforts to raise awareness among donors, relief agencies, and families, the orphanage boom will happen again in Haiti. And though Haiti is susceptible to natural disaster, its families and children shouldn’t have to be. In seven years we cannot find ourselves repeating the same sorry mantra: “and there’s another orphanage, and another, and another. . .”

Jamie Vernaelde is a researcher with Lumos, based in Washington, DC. Follow her on Twitter: @jmvernaelde

This December, the New Statesman is joining with Lumos to raise money to help institutionalised children in Haiti return to family life. In the wake of Hurricane Matthew, funds are needed to help those who have become separated from their families. Please consider pledging your support at http://bit.ly/lumosns

Thanks to Lumos’s 100 per cent pledge, every penny of your donation goes straight to the programme. For more information, see: http://wearelumos.org