TO INSURE PEACE, PREPARE FOR WAR: INTERNATIONAL
RELATIONS AND HISTORY RECOUP
[ETHIOPIA]
Tecola
W. Hagos
It is very
unusual to start an essay with a conclusion. I may have breached
�style� by choosing to go directly to the core point of my essay.
Several encouraging, as well as disappointing, events have happened during
the time I started writing this essay to date. One singularly tragic event
is the Tsunami that took the lives of so many people in South East Asia
and India. It also brought out the best of our humanity in our effort to
help each other in times of such great tragedy. It may look ironic that my
essay would have so much fire in it during a time that we are being
exposed to such human struggle for survival and cooperation.
I read with great
satisfaction about the apology by Former Ethiopian President Negaso Gidada and former
TPLF leader Gebru Asrate, one of the Twelve Dissenters, for
participating in the 2000 Algiers Agreement fiasco, and their denouncing
of Meles Zenawi and his five-point initiative addressing a demonstration
of almost two hundred thousand Ethiopians in Addis Ababa is highly
admirable. Those two
Ethiopians demonstrated great leadership,
courage, and patriotic zeal in the face of great danger. These are
extremely positive developments that all Ethiopians should embrace and
welcome. That is the great dilemma in life: the ever contradiction that
life itself is. With my respect and apology to all who have suffered and
who want nothing more than peace to recover from such horrendous
experience, I jump in to the fry of things, nevertheless.
I. To Insure Peace, Prepare for War: Perspective and Conclusion
I once wrote that �an eye for an eye� approach was the tendency in my
reaction to people who attacked me. However, I realize now that would only
end up blinding every one, to paraphrase Gandhi. Even worse, I remembered
a moral story told to me by a friend billed as a joke. The story was about
a man and his friend. The story goes that the man had a chance to meet
with God who promised to fulfill any wish the man wants on condition that
the man�s friend would be given twice as much. The Man thought for a
little while and told God he was ready to make his wish. God asked the man
to state out his wish clearly. The man pointing to one of his eyes stated
to God, �It is my wish that You take out one of my eyes, and thus blind
me in one eye.� The moral of the story was that by having his one eye
blinded he was asking God to blind his friend in both eyes. I am asking
all of us: are we all in a campaign of blinding our Ethiopian brothers and
sisters in both eyes?
Personal insult of an individual because one finds the ideas of such an
individual to be repugnant to our values or ideas is inappropriate and
will not advance the scholarship or reason for defending Menilik II or any
other views on patriotism, economic development, social engineering et
cetera. I think this particular skirmish about Menilik is getting out of
control, and totally having a life of its own. It seems the whole issue is
being high jacked and being diverted into a squabble of the worst kind
losing its intended purpose to enlighten and enlarge our understanding of
the circumstances and historical reality leading to the conflict with
�Eritrea.� It is with such intention that I am continuing to correct
the misrepresentation of my ideas in such antagonistic articles, and the
misinterpretations of historical events posted in a particularly insidious
website. I have no desire to engage myself in any dialogue on a one to one
basis with any hired gun.
Ethiopia is far more important than any one Ethiopian emperor, treasonous
or not. The survival of
Ethiopia is far more important than either Emperor Yohannes IV or Emperor
Menilik II. Our country is being destroyed, and these generations of
Ethiopians are now faced with the tremendous task of defending our
country. Let us set aside our personal skirmish, and concentrate on the
task at hand. As far as I am concerned, for the sake of our unity, for the
sake of Ethiopia, I am ready to swallow the poisonous falsehood of
Menilik�s �greatness� and �patriotism� promoted by the Mehale
Sefaris and their recent collaborator, even though I know that such action
will morally kill me.
The conflict with "Eritrea" is not a simple matter that
can be solved easily by the pronouncement of an illegally constituted and
corrupt Boundary Commission. Though it has been over a month, the United
States has not made any statement in support of Meles Zenawi�s
five-point double-talk to accept the decision of the Boundary Commission.
The departing Secretary of State Colin Powell made it absolutely clear
that the problem is complex to the point of being �vexing.� He said,
�And in many of these places, as I have dived into them in considerable
depth, the solutions are not instantaneous American �shake and bake�
solutions. They're going to take decades to solve some of these problems:
Haiti and Liberia, Cote d'Ivoire, Sudan, and the others that I've
mentioned -- Somalia, take a look into Somalia, Ethiopia, Eritrea, these
are vexing problems.� [23 December 2004, interview at a Monitor luncheon, transcript by the State Department.] The recent promotion
of the idea of �renting� Assab is nothing more than the voice of the
United States behind respected Ethiopians. Such an idea is no less
treasonous than that of the activities of Meles Zenawi in signing the 2000
Algiers Agreement and his recent double-talk.
The solution is within our grasp; first and foremost, we must
remove Meles Zenawi from office. The establishment of an Ethiopian
patriotic national government is a must. In this regard, even a military
coupe is a step in the right direction. The most important relationship to
be reworked and redirected is the one with �Eritrea.� The focus ought
to be on the Ethiopian Afar Coastal Territories and the territorial waters
of the Red Sea. I am not undermining the legitimate rights of the people
of Irob, Kunama, Afar et cetera not to be subjected to forced removal and
loss of Ethiopian citizenship. No nation on Earth, no matter how big it
feels it is, has such a right to forcing people into accepting agreements
or decisions reached by treasonous and corrupt group of people. We should
focus on how to strengthen our Ethiopian society in order to counter any
attack from neighboring nations. The way to insure peace is by having a
powerful defense, and above all by having full sovereignty on the
Ethiopian Afar Coastal Territories and Ethiopian Territorial Waters on the
Red Sea. Meles Zenawi has repeatedly mislabeled this serious issue of
�sovereignty� as if it was an economic problem thereby undermining the
significance of having a natural geographical and demographical extension
of Ethiopia into the Red Sea. The issue of the Afar Coastal Territories is
not a mere economic issue. It is the very soul of Ethiopia�s survival
and its indivisible historic right to its own Coastal and Territorial
Waters on the Red Sea.
The arrogance of Europeans and their kinds elsewhere in their
demand that Ethiopia cedes its territories and abandons its citizens is
unbelievable. Would these nations now acting as �doves� bearing olive
branches of peace, yield a square inch of their coastal territories or a
cubic foot of their territorial waters? They seem to have forgotten the
atrocities they committed during the colonial era to the middle of the
Twentieth Century. They are the sole cause of the problems that the world
is faced with now. That fact is best illustrated in their activities in
the internal affairs of Ethiopia of the last fifty years. Have they
forgotten the millions of human beings they have murdered, bombed, and
massacred even after the horrible lesson of the Second World War. Why
should we accept their pronouncement now since they have no moral
credibility in judging our ways or us. Because of the vastness of their
destruction of people around the world, they should neither be respected
nor obeyed by anyone. We should not be afraid of such immoral groups of
people whose brutality and savagery is beyond description. Let us remember
the absolute fact that we all die at some point. The worst death is to die
little by little losing our history, our identity, and our human dignity.
That is precisely what has been designed for us by our historic enemies in
the region and their European allies.
The little dance Meles Zenawi is having with Sudan on one hand
and Yemen on the other would be an ill-fated short-lived relationship.
Both nations are part of a conspiratorial group of countries in the region
that have aimed to destroy Ethiopia since the Ottoman Turks time. It is no
different than the mesmerizing swaying of a cobra before it devours its
victim�a victim transfixed by such soothing movement. The volatile
political situation in Sudan is not something on which the kind of solid
friendship can be built that Ethiopia needs at this moment. We ought to
ready ourselves for a prolonged war and conflict rather than engage
ourselves in a fruitless effort to convince our enemies about our right to
survive as a nation. This is a question of survival to Ethiopians not some
academic issue for leisurely discussion, thus every means to insure our
survival is legitimate. I have not heard of any �people� being
successful in their survival by argument, begging, or pointing to high
moral standards. Even India�s independence was achieved by the use or
real threat of force not just by Gandhi�s non-violence; the same is true
about the destruction of Apartheid in South Africa or the Civil Rights
Movement in the United States. This is not the time to talk of some shabby
sell-out �peace� and �trade agreement� but a time to mobilize and
create solidarity for protracted war.
As to Meles Zenawi and his collaborators, who have betrayed
the trust of the people of Ethiopia, arresting them and bringing them to
justice is the first step toward healing the political and economic
suffering of Ethiopia. Meles Zenawi is not ten feet tall. He is hardly
five feet tall, and can be challenged effectively. Our first mission is to
throw him out of office and take charge of the situation. It is very
probable that the leadership at Asmara will attack Ethiopia if their
partner in the greatest crime committed against the people of Ethiopia is
threatened or arrested for treason and other state crimes. The secret is
not to panic or change course if such attack occurs. No matter what
happens, the first and only mission of all Ethiopians must be focused on
getting rid of the present regime of Meles Zenawi. Only then, we can be
able to address effectively the conflict with �Eritrea� and reassert
our sovereignty in all of the Afar Coastal Territories and the Territorial
Waters on the Red Sea, and rescue our Afar brothers and sisters from
colonial occupation by forces ever conspiring to destroy Ethiopia. Only
then, we will be able to work toward peace. �Yeman
bet tefto yeman lilema�� We must be ready to ignite a fire
that will engulf the whole region if it comes down to a question that
threatens or destroys our survival as a nation and a people.
Courage my brothers and
sisters, courage!
II. Misrepresentation and Misinterpretations
Because of the numerous
misrepresentations of my views, outright lies, distortion of historical
facts, and misinterpretation of international law in a recent article
posted in a website, I shall address and correct some of the most
outrageous allegations and statements. I will simply ignore the vulgarity
and insult in that article and in the chat responses thereof. I urge
people to do the same, for I have received several messages of concern
about how the standard of discourse is deteriorating and that I should not
respond in kind. Moreover, we need not be discouraged because an
individual persisted to write in a certain unappetizing manner. There are
very intelligent and good mannered Ethiopians who are able to make the
important distinction between educated criticism and tera
rickash sidib.
The learned criticism by
Mitiku Adisu, on my four-segment article, posted in this Website a couple
of weeks ago, is both educational and a
standard of excellence for the type of engagement and dialogue that we all
ought to emulate when ever we criticize others. My aim in writing all of
my essays including this one is to help us understand our tumultuous
history that had come down to us with tremendous distortions and
cover-ups, and our relationships with each other and the outside world. I
have never claimed that I am the only depositor of truth in any of my
writings or in any of my oral presentations. Just a few days ago, I
received a note from a generous Ethiopian sage correcting certain factual
errors that I made in my four-segment article, especially errors on the
events leading to the death of Abeto Wossensegede and King Sahle Selassie.
The correction was gentle and non-corrosive.
Even though I had
extracted my version of such events leading to the death of Abeto
Wossensegede and King Sahle Selassie from historical books, it did not
save me from making mistakes. Day by day, I am aware of the complexity of
our history, such that we must not be dogmatic or fanatical about any
portion of it by relaying completely on writings by historians or
politicians without making effort to check and counter check our research
with as many sources including oral tradition. [For your information, the
corrected version holds that Wossenseged was killed during a hunting
expedition by his �slave� servant by accident when the gun the servant
was holding misfired contrary to my writing that Wossenseged was
assassinated. It was Sahle Selassie who was assassinated by his
�slave� servant who was paid by the ancestors of Ras Mesfin Seleshi in
a plot due to some marriage feud with King Sahle Selassie. Ethiopian
history continues to fascinate and intrigue us all.]
I have stated clearly that
all Ethiopian historic figures are responsible in some way or other to the
state of our present condition. However, that does not mean that they are
all equally at fault in some of the events that lead to our current
crisis. The very fact that the Algiers Agreement of 2000 cited only the
�treaty� and �conventions� signed by Menilik II should have been
sufficient indicator to us by whose mistaken policy we are burdened with
in our present crisis. The people of Ethiopia had a role in all that too.
Nevertheless, it is a grave mistake to read my essays as an advocacy for
the supremacy of one ethnic group. I wrote about Ethiopian Emperors as
individuals and not as representatives of an ethnic group or a tribe. I
wrote also about particular interest groups that have been detrimental to
our recent history from the time of Menilik II. I wrote the following in
Part Four: Section: Miscellaneous/Conclusion of my article:
�In 1894, the anarchist Emile Henry
declared with moral certitude while facing the guillotine, �There are no
innocents!� I too, facing a different sort of guillotine�the
guillotine of critical thinking�assert that there are no innocent
parties in the long history of Ethiopia. The history of the people and
leaders of Ethiopia resembles, more than anything else, a chaotic African
market. Ethiopia�s history is maddeningly diverse, and narrates to us
about constant battles and desperate events often. It is a history of
people being dehumanized, relentlessly oppressed, and violently treated;
it is a history of leaders ever eager to do most anything to acquire and
remain in power. On the other hand, it is also a history of battles and
wars fought by courageous people against foreign aggressors. Moreover, it
is a history of the meanness, cruelty, and at times of great nobility of
character of ordinary Ethiopians. Maybe such a history is the norm rather
than the exception the world over. It was with reservation that I wrote in
previous essays about the virtues of some of Ethiopia�s emperors in
comparison to others. I never intended to color any Ethiopian emperor with
absolute glowing colors. The search and exposition of historical truth
must be seen as a liberating force and not as a subversive one.
�Whether
I am writing about slavery or treason, the proper acknowledgement of what
actually happened in our past is enlightening and liberating from a life
encumbered and heavily weighed down with centuries of lies and
distortions. We do not have to fight, tooth and nail, to convince each
other as to which Ethiopian Emperor committed the most atrocities or the
most treason. My essays are expositions of a corrective kind of what I
believed was a distortion of history by an entrenched and highly
polarizing group of people with their elites and supporters. I envision a
far better Ethiopia that we could all claim as our own than the vision of
those self-promoting groups. It is such a glorious vision for Ethiopia
that prompted all of my essays. The vision of a glorious Ethiopia is some
thing to behold and aspire for as a realizable future reality.� [Part
Four: Section: Miscellaneous/Conclusion]
If
I were a cynical person, I would conclude that the fact that I generated
extreme response in a handful of individuals tells me that I have touched
a raw never in some, either on issue of my dare or on the merit of my
writing. In a sophomoric
effort to make me look like I was promoting the supremacy of one
�ethnic� group, I was scorned as a person who was trying to be more
Tygrean than the Tygreans themselves. What more can I say on this subject
except that I am the very antithesis of Ethnicism; I have repeatedly
stated the fact of my Ethiopianness by birth, describing where I grew up,
the people who influenced me, et cetera et cetera and my thoughts on Ethnicism
and tribalism. If at all, I may be accused of identifying myself
as a Wolloie. I believe in my Ethiopian identity. [See Tecola
Hagos Responds: Part One: Beyond Ethnicism: Molding the New Ethiopia, VI.
Questions on my Ethnic Background]
I
believe that no one has any right whatsoever to question my dedication to
Ethiopia, or my Ethiopian identity. After all, I represent by mere biology
of birthright more than three/fourth of the population of Ethiopia. I came
from families who help create the very Ethiopia we are fighting to
preserve. It is to the great credit of ancestors and Great Grandparents
who traversed North to South, East to West with other patriotic and
courageous Ethiopians to help create Ethiopia. With a timeline that is
within the knowledge of our vast family members, I can assert without any
hesitation that we served as soldiers with Emperors Amde Tsion and Sertse
Dingle in campaigns from Hamassein to Borona [Lake Turkana (Rudolf)], and
of recent times with the Great Alula Abanega in his many campaigns against
the Italians and the Egyptians, and Emperor Yohannes IV at Metema, with
Emperor Menilik II at Chelekot and Adowa, with Emperor Haile Selassie I at
Michew, and as resistance fighters during the five years Italian
occupation from Wolkiet Tsegede to Dessie and further south in Shoa. I am
the quintessential Ethiopian, a descendant of the great people of Amhara
(Gondar, Lasta, Shoa [Efrata (Menz), Debreberhan (Tegulet)], Tygrei
[Adowa, Agame, Axum], and Oromo, Wollo [Mamedo and Woreseh]. The
following being my latest statement on questions of ethnic politics:
�I have
read articles and criticisms labeling me as a �Tygrean intellectual�
in an effort to alienate me from the people of Ethiopia and to undermine
my work. I am not in any form a narrow ethnic based demagogue, and have
never identified myself or defined my work in such tailored and narrow
fashion. I simply do not have the mind-set of a parochial person. I write
and paint sincerely believing that my effort and life is meaningful and
significant and that I could help the people of Ethiopia. Furthermore, the
people of Ethiopia have overcome tremendous difficulties as a great people
with a tremendous past. They
are in the process of shaping a bright future for all of us so we can go
back home with pride without fear of persecution.� [Part
Four: Section: Miscellaneous/Conclusion]
Here, I am offering this particular summing up of my four-segment essay by
way of clarifying ambiguities and tying up of loose ends. I find it most
unbecoming for anyone to call Yohannes IV or Tewodros II a �pretender�
because such effort is aimed to enhance the stature of Menilik II at the
cost of the two courageous leaders. Yohannes IV is no �pretender� for
he has as much legitimacy as the next Ethiopian Emperor. It is even more
objectionable for the term �pretender� to be used because other than
its surface meaning, it also connotes character flaws, such that it
impinges on the great sacrifice paid by Yohannes IV defending the
Ethiopian people and the Christian faith. No matter how much I might have
criticized Tewodros II for his cruelty, no one can doubt his courage and
love of independence, neither do I. Tewodros II was no �pretender�
either.
Let me remind my readers that my criticism of Menilik II was triggered in
connection with the independence of �Eritrea� and the boundary crises
that resulted in war in 1998. There was an on going and relentless
campaign to put the entire blame on the TPLF leadership and the Tygrean
people without any contextual understanding of the conflict with
�Eritrea.� There was a total blackout on the detrimental role played
by Menilik II on how Italy came to be involved in the political and
economic life of Ethiopia. Because of the illegitimate reason why the 1900
Convention, 1902 Treaty, and 1908 Convention were agreed to by Menilik II,
his acceptance of millions of lire, and his treasonous activities against
Yohannes IV and Ethiopians, which should not be glossed over, I tried to
correct the errors or intentional misrepresentations of our history. I
realize that there are profound differences between different individuals
and myself in our reading of the same events that concern Menilik II. The
proper way to deal with such difference of opinion is to argue the issues
and present documentary evidence, and not engage in personal insults of
the worst kind against my person. One can have disagreement and sober discussion about such issues without
having to throw a tantrum in public making a fool of oneself. I wrote
expressing my concern with clarity as follows:
�I hope
a couple of my good friends will also temper their fanaticism and fantasy
about an Emperor, who at this moment in our history, is without much
redeeming value to us. I do not want to think that in their case, this
could be a question of the acorn not falling far from the tree and not a
matter of a lack of cognition. I hope that they realize the fight going on
is for the soul of a new Ethiopia, an Ethiopia that is all inclusive, not
fragmented by ethnicity, nor stratified by incestuous hierarchy; most
importantly, an Ethiopia free from manipulators in any power structure,
thus an Ethiopia free from violence, betrayal, cruelty, famine and
hate.� [Part Four: Section: Miscellaneous/Conclusion]
The recent attack on my articles goes beyond any reasonable criticism, and
has deteriorated into gutter-mud-throwing litany of insults of my person,
not worth reading or responding. In
a way, it is tragic that personal animosity could overwhelm rationality,
forget good manners. In a nutshell, the entire history of a lost
generation is summed up in this recent interlude in that the very victims
of a particularly obnoxious political structure are up in arms defending
such system and individual leaders such as Menilik who had caused us great
suffering and left us a legacy of insurmountable problems, such as the
present border conflict with �Eritrea,� a state born out of such
legacy. I did not start writing criticizing Menilik just out of nowhere
for spite. I have several reasons that prompted me to commit myself to
writing articles that some found objectionable. I want to shake you all up
from your moral slumber because I am appalled at the deteriorating moral
and ethical standards of Ethiopians. I am absolutely disgusted how we are
sinking all our meager resources on Addis Ababa and a couple of other
urban centers. I am very disappointed how selfishly we have undermined the
development of rural Ethiopia. I am aghast at the lack of respect we have
to our fellow Ethiopians. It is with such legitimate reason that I wrote
all of my articles. If people want to worship Menilik II, or build a
temple in his name, erect another statue in gold et cetera I have no
concern in as far as such people do not require me to participate in such
folly.
At my age and experience,
I can tolerate all kinds of assaults and insults, but nothing had prepared
me to the type of vulgarity coming from the mouth (pen) of a
self-appointed defender of Menilik. This journey had taken me far and wide
living among strangers, and all that time what I have done in my essays
was to find some way that could take me back home, humbled by and
appreciative of the greatness of Ethiopia and Ethiopians. I believe I have
found my way. My great moments of reminiscence has nothing to do with the
great �Halls� of learning I walked through, but with the little tukul
with dirt floor where a generous teacher spent hours trying to teach me Ha
Hu�, Le Lu� for free! Therein started the greatest adventure of my
life�the adventure within, the search for truth and meaning and
purpose�ultimately to stand in service to others. As my great ancestors have done, I sacrificed my life for the
unity and independence of Ethiopia. I was imprisoned, dehumanized by a
brutal regime, and I was in exile most of my adult life. My relations
including brothers and sisters have been engaged either in direct armed
struggle or supported the resistance movement against the brutal regime of
Mengistu Hailemariam. Our family was persecuted by Mengistu�s thugs
through out his brutal reign. I will never be a doormat and allow anyone
attack my integrity or my Ethiopian identity, especially those who had
done nothing more than wiggling their tongues coming from areas not larger
than ye ber� ginbar and
whose idea of Ethiopia is so parochial that it hardly exceeds a village or
chika woreda (district).
III. The Berlin
Conference of 1885
Much has been made of the
Berlin Conference of 1885, a Conference that should not be given more
importance than it actually deserves. Its role in our understanding of the
activities of Menilik II must not be hyped in order to minimize the
treasonous actions of Menilik to become Emperor of Ethiopia. It is like
grasping at straws by a sinking man, to bring in the Berlin Conference as
an excuse or justification of the activities of Menilik. The treasonous
activities of Menilik started with his dealings with French gunrunners
from the 1870s and with the Italians starting in 1882. Those
are dates that predate the Berlin Conference by a decade in the case of
the French and few years in the case of the Italians respectively. For
example, Menilik negotiated a series of agreements, a kind of prelude to
the Treaty of Wuchalli, prior to 1885. Moreover, there is no evidence that
Menilik was aware of the Berlin Conference in 1885 or even later. In other
words, the claimed coercion of European nations as a unit due to the
Conference on Menilik�s behavior, which presumably was offered as an
excuse for his agreeing to cede Ethiopian territory to the Italians,
cannot be established. At any
rate, it is an error to use the Berlin Conference without understanding
its origin and impact in European politics, as some sort of a
justification for the treasonous activities of Menilik, which I have
established with adequate documentary evidence in my four-segment article.
The Berlin Conference of
1885 is only one among several multilateral and bilateral treaties
European governments had signed or ratified in the Nineteenth Century in
order to regulate their international conduct [colonialism, slavery,
protectorate, trade et cetera] with each other or third party governments
elsewhere. The Berlin Conference of 1885 is not any more of a �union�
of Europeans than most such treaties were, except in the sense that it had
thirteen European governments participating in addition to the United
States. It had both political and social dimensions; however, we must not
exaggerate its significance because of the fact that most European
governments were signatories of the Conference. We ought to consider the
Conference in context of what was happening in Europe on ground level. I
have described the situation in Europe in Part Three of my four-segment
article. The Conference was initiated by Bismarck of Germany because it
fitted with his grand design for Germany and its role in Europe. It was a
time Germany was coming into itself as a united state of the
�Germanic� people hitherto fractured into numerous principalities et
cetera. [The Treaty of Westphalia, October
24, 1648 is good evidence on the fractured state of the Germanic
People and how the Holy Roman Empire tried in vain to unite Europe a
couple of centuries earlier.] There was also the tumultuous period in
Europe after the defeat of Napoleon, an individual who embodied the French
ambition in the footsteps of Charlemagne, and the Holy Roman Empire for
the unification of Europe once again.
During the period leading
to the 1885 Berlin Conference, Europe was still in the process of
recovering from the aftermath of the Napoleonic wars, and the winners were
still carving up Europe through some form of a political dance that was
identified by political scientist as the time of �balance of power�
between those European Governments. Italy was one result of such process
so was Germany. That same policy of balance of power was carried out in
Africa or Asia wherever those European Powers came in contact with each
other over the local conditions. It is to be recalled that the influence
of both Germany [Cameroon, Togoland] and France [Guinea] was to the north
of the Congo. Both France and Germany were interested in the Congo that
was being �influenced� by Leopold II through his non-governmental
association called International African Association, which later in 1883
transformed itself as the Congo Free State�a private nation of Leopold
II.
By the time the Berlin
Conference was concluded in February of 1885, most of Africa�s coast
[including some deep interior penetration] was in some form of colonial
occupation or protectorate. In other words, the Berlin Conference was not
the cause or authority used for the purpose of the colonization of Africa
by European nations. Due to the logical fallacy of failing to make a
distinction between cause and effect on one hand, and correlation of
events on the other, one is lead to such absurd synthesis of citing the
Berlin Conference as cause or evidence to support the view that Menilik
was fighting against the concerted efforts of Europeans to colonize
Ethiopia! Such approach distorted the significance of the Berlin
Conference in regard to Ethiopia. For Example, the French were supplying
Menilik with weapons to fight off the Italians who were in the camp of the
British. It was not a situation of �colonialism� per se but the old
expansion of empires ever carried out by powerful nations the legacy of
the Egyptians, the Medes, the Babylonians, the Assyrians, the Israelites,
the Greeks, the Axumites, the Romans, the Normans, the Ottomans, the
Napoleonic French, the Victorian British et cetera. Those conquests had
minimal overriding racial motivations, but were the ways in which old
empires were built�by old fashion conquests. �Frictions among the
powers during the ensuing �Scramble for Africa� inevitably arose,
causing them to put considerable emphasis on identifying and drawing
boundaries around their spheres of influence. The Berlin Conference of
1884-85 was the high point of this diplomatic line drawing, which was done
without regard for the needs or wishes of Africans. Within a decade of the
conference, virtually all of Africa would be claimed and to a large extent
controlled by European powers.� [1]
Germany and France, the
powers behind the Berlin Conference of 1885, were deadly enemies who
fought fifteen years earlier in the Franco-Prussian War of 1870. Both
nations were foremost interested in the Congo River basin free trade. In
addition, because they were pressured at home, those same European nations
sought to control and abolish slavery, to bring �civilization� i.e.,
Christianity into the heartland of Africa. Most importantly, they tried to
avoid conflict in the future by not stepping on each other�s sphere of
influence in Africa�s Coastlands. The Conference was never an agreement
by European countries to launch a concerted war of colonization on Africa,
which is suggested by such article applauding Menilik and defending his
signing of agreements betraying his Emperor and ceding Ethiopian
territories. It is absurd even to suggest that the Conferees (powers)
adhered to such courtesy not to step on each other�s toes, for European
nations never stopped from undermining each other. The historical evidence
is very clear and in abundance on the contentious individual initiatives
and shifting of allegiances displayed by the signatories of the
Conference, which ultimately resulted in the First World War (1914-18)
itself. Mind you, Europe did fall apart after a year from the death of
Menilik with the launching of the First World War the main antagonists
being the two promoters of the Berlin Conference, Germany and France. They
were engaged in one of the most horrific wars fought by man where poison
gas, dumb-dumb bullets et cetera was used. So much for the Berlin
Conference that was supposedly an instrument to solidify European power!
If we look a little more
closely to past events in Europe, we ought to realize that the Berlin
Conference was nothing more than one among a series of agreements between
contentious European nations biding time and strategic advantages. After
all, the prevalence of war and conflict is evidenced far more graphically
than any rhetorical arguments by the fact that Europeans designate their
wars and conflicts not just by particular dates but by very long periods
such as the �Thirty Years War�, the �Hundred Years War� et cetera.
By placing the Conference in its right place in history, we can see
that Africa was not colonized on the authority of the Berlin Conference;
already more than ninety percent of the colonies and protectorates in
Africa were in place by the time the Berlin Conference was held in 1885.
It is not the first time that an agreement or a conference has been given
an attribute that was not true. Some of the earlier efforts, whereby
Europeans had tried to put in place some form of structure to regulate
their international relations either with each other or with
non-Europeans, were a series of Papal Bulls (grants). One such famous
�grant� was the Bull of 1493 by Pope Alexander VI that allegedly
divided the discovery of India by another Western route, the �New
World,� into two between Spain and Portugal. It is to be recalled that
the Portuguese secured from Pope Eugenius IV [1431-1447] earlier �a
grant in perpetuity� to all heathen lands in the Eastern part of the
World. There
were a series of Bulls after words as well such as the Bulls of
1452, 1455, 1454, 1456, 1481, and 1484.
Because no one had any
idea about the true identity and significance of Columbus�s landings in
the New World, both Spain and Portugal believed the new land was part of
India reached from a different trajectory. Of course, that was a mistaken
understanding but a popular one. The Bull by Pope Alexander IV of 1493 was
meant to balance out the papal grants to Portugal of earlier claims. The
Pope�s role was that of an arbitrator between two contending world
powers of the time. He did not authorize or sanction colonialism of
independent non-European nations or communities. It is truly horrendous
for anyone to bring in excuses and justifications by laying blames for
actions of brutal secular leaders as if such secular governments were
incapacitated from their violence without the approval of religious
leaders. The most one may assert would be that the Catholic Church
cooperated with the secular powers to promote Catholicism at the cost of
indigenous religion and culture resulting at times in devastation of local
peoples.
Similarly, it is possible
to make serious mistakes in assessing the history of the Berlin Conference
of 1885, especially if one just limits one�s investigation to the
reading of treaty articles or conference provisions, without looking into
the development and the behavior of individual governments in the decade
leading to the Conference and after. I have not come across any record of
cooperation, a common command structure, or sharing of resources by any of
the Governments who signed the Berlin Conference of 1885 in furthering a
common goal of colonialism. The participants were ever the contentious
selfish states as before the signing of the Berlin Conference of 1885 as
they were after, undermining each other�s policies and goals, which
later resulted in a world-devastating two World Wars. A clear example of
such discordant behavior is the case of the British government outright
turning down the request of the Crispi government for military help after
Italy was defeated in 1896 by the Ethiopians. At
any rate, had there been a historical event where two or more European
powers in concert attacked an African nation, tribe, or entity?
Nations have always acted in their own
interests. It is only a question of a matter of degrees that we could
reasonably consider on the topic of state cooperation in multinational or
bilateral treaties or conferences. Especially the Nineteenth Century was a
period where European national governments were competing for power and
dominance in the European political arena and of course colonial
possessions. Lord Palmerstone put it succinctly when he stated in a speech
to the House of Commons, 1
March 1848, "We have no eternal allies and we have no
perpetual enemies. Our interests are eternal and perpetual, and those
interests it is our duty to follow." Such expression of
individualized self-interest sums up the essence of European national
politics. No number of Bulls, Conferences, Treaties or agreements ever
created a united Europe against the rest of the world since the time of
Charlemagne. Thus, any suggestion that there was a concerted attack of
Ethiopia by Europeans is ludicrous. I have properly discussed the state of
affair in Europe during the time of Menilik II and the Nineteenth Century
in general. [See Part Two: Section V. The Myth of European Colonialism: A.
European Ambition, International Law, and Ethiopia]
For good or bad, Ethiopia
was identified, long before the time of the Berlin Conference, as the land
of �Pester John,� a Christian Kingdom, lead by �Priestly
Monarchs,� which perception was not that far from the truth because
Ethiopian Monarchs were, indeed, superbly Church-trained scholars of the
first order. Wherein some of those Ethiopian monarchs had authored books,
which to this day is part of the superb literature of the Ethiopian
Orthodox Church. The Western powers (nations) were fully cognizant of the
state of affair in Ethiopia. If it were not for the up-start Italy coming
into the European scene in
1860 [a mere twenty five years earlier from the Berlin Conference of 1885]
demanding recognition, the rest of Europe would have been content with
having Ethiopia as a distant Christian nation on equal standing as the
rest of them. Thus, the so-called idea of a �civilizing mission� to
Ethiopia was only promoted by Mussolini in the Twentieth Century not
during the early part of the scramble for Africa.
At any rate, during the
scramble for Africa, the primary preoccupation of the Europeans seemed to
me to be the acquisition of natural resources (lumber, ivory, and spices)
and minerals (gold, silver, copper et cetera) not per se farmland. Thus,
picking one international Conference among hundreds of international
events such as the Berlin Conference in order to make whole cloth excuse
or justification on the activities of one remote Emperor, without regard
to the actual effect of such a Conference on the parties involved or
anybody else, seems to be either lack of cognition or sophistry of the
worst kind.
IV. International Law v. Domestic Law, and the Boundary Commission
The distinction between
international law and domestic law is not that difficult to acknowledge
even if the line of separation could be blurry. Encyclopedic definition of
international law, even though simplistic, can give us some clue as to the
general meaning of international law as being �the rules which determine
the conduct of the general body of civilized states in their dealings with
each other.� Even though concepts of �civilized states� and �state
to state interactions� are supplanted by a more inclusive and
multicultural recognition of the world�s communities through the
establishment of the United Nations and other regional organizations and
thousands of resolutions, conferences, and multilateral treaties, at its
basis international law remains normative and less positivistic.
The distinction between
international law and domestic law revolves around concepts of positivism
and natural law. One obvious distinction is that we cannot speak of
international law in a positivist sense except in the limited area of
treaties. Even then, I
believe that all multilateral treaties tend toward becoming customary
international law in aspects of international acceptance of certain
principles [norms] of universal application. It seems to me that contrary
to the statements of Lauterpacht and his team [in an opinion in some kind
of a tortured process that was instituted by Belize as an arbitration case
between Belize and Guatemala (2000- 2002)], no hierarchy of international
law is offered by Article 38 (1) of the Statute of the International Court
of Justice (ICJ), for example. Any suggestion of such overriding idea of
ordering of �sources� by a treaty is subject to the principles of
customary international law. More importantly, the attempted interjection
that a �treaty� can be isolated from the workings of customary
international law is a mistaken statement. In other words, norms of
customary international law not the positivism of international treaties
have the ultimate normative significance.
There is no doubt in my
mind that the most perverse seismic upheaval of international law was
carried out by Lauterpacht and his team who have undermined the process of
adjudication by the International Court of Justice (ICJ). Lauterpacht and
his team of �arbitrators� have succeeded in interjecting their
personal views on certain issues in international law by installing their
�arbitration tribunal� or �arbitration commission� between the ICJ
and cases that should have been resolved by the ICJ due to the important
and crucial questions raised in such cases, such as questions on
sovereignty, territorial integrity, human rights et cetera. Moreover, if
we scratch under the surface of the activities of Lauterpacht, we find a
concerted effort to justify the occupation of territories by force. This
charade of adjudication by arbitration tribunal [Ethiopia-Eritrea Boundary
Commission] seems to go back to that one important personal commitment of
Lauterpacht to create a new regime of international law dealing with
boundaries, occupation, driving out people from their ancestral homes on
the pretext of international law. Lauterpacht and company are positivists
of the worst kind, who seem to overlook the distinction between
prescriptive and descriptive aspect of international law.
Equally alarming is the
fact that Lauterpacht and his group have undermined scholarly work and
proper handling of international issues by spreading their effort too
thinly over numerous cases, with the result being shoddiness and too
hurried conclusions. It is humanly impossible to do justice to the many
intricate issues raised in every arbitration case handled by Lauterpacht
and his team considering the time frame and the number of commitment those
people had. A case in point is the cavalier manner they handled the
arbitration between �Eritrea� and Ethiopia�a case that no arbitrator
should have accepted because of lack of capacity, fraud, and coercion
involved.
The fact that the �doctrine of Kompetenz
� Kompetenz has been consistently confirmed by various decisions and
commentators, which recognize [that arbitrators decide] their own
competency is an inherent attribute of international tribunals;�
however, that does not mean arbitrators are above principles of
international law norms and practices. It is inexcusable for any
arbitration tribunal to adjudicate on a case that is clearly a fraudulent
setup solely designed to benefit one party to an �agreement.� There
should be no doubt in any sane person�s mind that the 2000 Algiers
Agreement was an agreement between two dictatorial leaders who had prior
arrangement unknown to the People of Ethiopia or their Representatives and
in collusion to defraud the people of Ethiopia, with the participation of
the United States and its European allies promoting their misguided
political and economic strategy in the region. Who had heard of any
decision taken in disregard to historical evidence by presetting an
agreement to revive long dead �colonial� treaties in favor of one
party as was done in the case of the decision of 13 April 2004 by the
Boundary Commission. The Commission based its authority solely on the 2000
Algiers Agreement�an Agreement that is null and void on several solid
grounds because it violated well established international law principles
and norms.
The Ethiopia-Eritrea
Boundary Commission could have declined to pass judgment on a case that
was impregnated with obvious problems of tremendous political coercion and
possible collusion and fraud by the parties involved, rather than
bulldozing the way it did in an absolutely corrupted decision. By contrast
over forty years earlier, an enlightened International Court of Justice
declined from passing judgment in the
North Cameroon case of 1961
because it saw no justice being served in passing a judgment that would
have ended up in more controversy and possible war.
�The Court might, in an
appropriate case, make a declaratory judgment but such a judgment must
have a continuing applicability. In this case there was a dispute about
the interpretation and application of a treaty, but the treaty was no
longer in force and there could be no opportunity for a future act of
interpretation or application in accordance with any judgment the Court
might render�.Whether or not at the moment the Application was filed
there was jurisdiction in the Court to adjudicate upon the dispute,
circumstances that had since arisen rendered any adjudication devoid of
purpose. Under these conditions, for the Court to proceed further in the
case would not, in its opinion, be a proper discharge of its duties. The
answer to the question whether the judicial function was engaged might, in
certain cases, need to wait upon an examination of the merits. In the
present case, however, it was already evident that it could not be
engaged.] By 10 votes to 5 the Court found that it could not adjudicate
upon the merits of the claim of the Republic of Cameroon.� [Northern
Cameroons (Cameroons v. United Kingdom), ICJ Report (1961-1963)]
In a private arbitration case, an alert and
ethical arbitrator declared that he had no jurisdictional power to decide
on the merit of a case because he realized the arbitration agreement was
based on fraudulent claim. [See Award in Case No. 1110 of 1963, Yearbook
Comm. Arb�n XXI (1996)] All of the above reasons are sufficient to
invalidate or void and rescind the 13 April 2002 Decision of the Boundary
Commission, without even considering the corruption of
the decision due to conflict of interest due to the activities of
Lauterpacht having pecuniary relationship with the United States
Government, an interested party in the out come of the arbitration being
handled by the Commission..
The interview given by Professor Yacob
Hailemariam to the REPORTER is exceedingly illuminating on the point I
have tried to make on the singular importance of the ICJ in cases
involving such important issues of sovereignty, citizenship, human rights
et cetera. The Boundary Commission was acting totally beyond its capacity
to handle such a case of profound significance for the seventy million
people of Ethiopia, and its decision of 13 April 2002 must be voided or
rescinded. [It is tragic to observe the pathetic effort of placing the
interview of Yacob Hailemariam in the same caption of an attack article on
my effort and person, in an effort to create the illusion of endorsement
and lend respectability to an article that Yacob Hailemariam would shrink
from in disgust. I am sure.]
One need be cautious from
introducing willy-nilly domestic law into international law to further
some esoteric goals. That is why I always stress the natural law
(normative) aspect of international law than its positivistic side.
Domestic law is identified with positivism, pure and simple in as far as
such things can be. This is not to say that principles found in domestic
law are not reflected in the law of nations. After all, no system is
hermetically sealed from the influence of the activities of human kind in
whatever form. However, in particular cases involving profound questions
on matters dealing with international law principles and norms, a great
degree of specialized knowledge makes a difference between a wise and
informed decision as opposed to a cursory and superfluous one.
I have tried to be as clear as possible by indicating that
international principles and cases I referred to in my essays are complex
and need be studied far more carefully than could be done in a twenty-page
article. My goal is to give
some indicators and guidance for people to do some follow-up reading.
V. The Meaning of Treaties, Termination, Null and Void
A. The Meaning of Treaties
It is almost five years since I have been writing and sharing my views on
the monumental problems facing Ethiopia due to the independence of
�Eritrea,� the land locking of Ethiopia, and the undue collaboration
of the EPRDF dominated Government of Ethiopia with actual and potential
enemies of Ethiopia that lead to the conflict of 1998 and the subsequent
establishment of the Boundary Commission pursuant to the Algiers Agreement
of 2000. To begin with, I
want to point out the fact that we have been suckered into using the wrong
lexicon referring to the conflict with
�Eritrea� as a �boundary� demarcation and delimitation
problem, which notion did not
reflect the exact international law language that ought to describe such
event. It is not a �boundary� demarcation (delimitations) that is
involved, but ceding of territory.
There is a clear difference between the two terminologies: boundary
demarcation (delimitations) and ceding of territories. Boundary
demarcation (delimitations) presupposes
the existence of two separate independent legitimate sovereign entities
interacting in order to define a common line of demarcations
(delimitations), on the other hand ceding of territory is an act done by a
single sovereign entity giving up its own territory for any number of
reasons, such as outright sale (e.g. the sale of Alaska, Louisiana et
cetera), mutual arrangement to benefit a particular Sovereign (e.g.
Menilik�s arrangement with Italy). Since the entire arbitration is based
on the fact of the three so called colonial agreements (treaty and
conventions) entered between Menilik and the Italian government, we cannot
speak of ceding of Ethiopian territory to an entity that is now claiming
independence and succession. There are well-established very strict
procedural and substantive limits to such rights of succession and ceding
of territory.
I am aware of the fact that the �treaties,� �conventions,�
diplomatic letters� et cetera all have varying dispositive weight.
Nevertheless, I might have referred to all of them as agreements or
treaties in the generic sense of the word. This is not an error or even an
oversight. For example, in Part Four, Section X. [International Law and
Ethiopia,] A. [The Treaty of
Peace with Italy - Paris 1947], I wrote about the status of �all
treaties� in the introductory paragraph of the section dealing with the
1947 Treaty of Peace the following.
�Lest I
leave my readers thinking that my entire presentations end up supporting
Isaias Afeworki�s Government claims as filed with the Boundary
Commission, I must point out here that none of the treaties signed by
Menilik were ever binding or valid. All such treaties are defunct,
terminated, and null and void. Their nullity and voidness is not because
they were �colonial treaties,� for none was colonial treaties, but due
to several other international law principles and practices that render
them null and void. They were never signed under duress or threat of
colonialism, but as shown in this essay [See Section VIII, supra] they
were signed for some other reason exclusively in the treasonous interest
of Emperor Menilik II. The termination and nullity of all treaties was due
to breach of treaties by Italy, and also due to Italy�s subsequent
renouncement of all of its interests spelled out in the 1947 Treaty of
Peace (Paris). Those are the main reasons for the termination of all
treaties between Ethiopia and Italy. Moreover, some of those international
instruments were of questionable worth even at the time of signing or
before the 1947 Treaty of Peace (Paris) because of vagueness and none
implementation because of impossibility of performance or abandonment. No
delimitation or demarcation ever took place as required by some of those
instruments.�
We must understand that bilateral
treaties appear under many names. Sometimes
they may be identified as agreements, charters, conventions, memorandums,
pacts, protocols, even exchange of notes et cetera. Regardless of the
different labels such instruments are identified with, as long as they
create binding rights and obligations between states under international
law, they are all treaties. This may sound like a circular argument to the
extent that the status is determined in the function rather than the label
of the legal document is given. �A rose is a rose by any other name.�
The word �treaties� in the above quoted paragraph was used in its
simple common or generic meaning to refer to all kinds of agreements and
was not meant to be as a technical reference or sui
generis to �treaties� as special form of international
agreements. Such clinical use of the term and proper identification, you
may find in Part Four, section �X� subsection �B� where the
appropriate identification is put in place as indicated below. In
subsection �B�, I discussed the status of the 1900 Convention,
1902 Treaty, and 1908 Convention entered between Emperor Menilik and the
Italian Government before the 1947 Treaty of Peace was entered. I wrote
the following:
�Emperor
Haile Selassie by Order No. 6 of 1952 (Official Gazette), on 11 September
1952 declared the 1900 Convention, 1902 Treaty, and 1908 Convention
between Ethiopia and Italy to be null and void. Such declaration completed
the task of terminating the so-called colonial treaties, conventions or
international instruments. Although not necessary for the purpose of my
analysis in regard with the nullity or termination of any treaty-based
obligation on the part of Ethiopia, it was a prudent step by Haile
Selassie in formally declaring all Treaties entered with Italy prior to
1947 null and void.� [emphasis for indication]
I have properly identified
the international instruments, as the above quotation from my four-part
essay Part Four shows, at the appropriate point. At no time, I have
confused my readers as to the proper status of those international
instruments of 1900, 1902, and 1908. Moreover, I have used �a term of
the art� phrase such as �termination� and �null and void� as
part of my statements trying to cover all possibilities in resolving the
issue of the border demarcation and delimitation between �Eritrea� and
Ethiopia. The two concepts thus identified do have different consequences.
For the sake of avoiding any further debate, it may be helpful to clarify
what exactly is covered by those terms.
B. Termination [in a nutshell]
An international bilateral
treaty may be terminated for several reasons or for any one of the reasons
listed below. For example, the Vienna Convention on the Law of Treaties
(1969) [hereafter, Vienna], which is a codification of customary
international principles and norms, provides that a treaty may be
terminated for any of the following reasons:
1)
according to its own provisions,
2) under
the rules of general international law (customary international law):
a)
by the consent of the parties;
b)
due to material breach of one of the parties [Vienna, Article 60];
c)
due to supervening impossibility of performance [Vienna, Article 61];
d)
due to substantial change in circumstances [rebus sic stantibus]
[Vienna,
Article 62].
A process to terminate a
treaty outside of the reasons identified is possible through denunciation,
For treaties not containing a specific provision for denunciation, the
prevailing opinion is that states parties may denounce agreements
establishing international organizations or dealing with commerce.
�States parties may not, however, denounce treaties of peace, treaties
establishing international borders, and treaties codifying international
customary law.� However, termination of a treaty due to breach or as a part of
a peace treaty, such as the 1947 Peace Treaty, is not in any way affected
by such limitations.
International law experts
further make more basic categories and distinctions thereof between
�reciprocal� and �integral� treaties affecting the concept of the
termination of treaties in general. There is a rich body of literature
specifically dealing with the consequences of the termination of treaties
in international law and practices. The one important consequence of the
termination of a treaty is the fact that some acts undertaken by the
parties under the treaty prior to termination continue to have legal
effect on the parties after termination with restitution as one of the
consequences. I have only
indicated here above, in a very cursory manner, for our understanding of
the basic ideas of termination of treaties and the consequences thereof.
C. Invalidity [Null and Void]: [in a nutshell]
Invalidity [null and void]
has the most serious and far-reaching consequences on bilateral treaties.
It �eradicates� or nullifies to the extent possible all legal effects
of a treaty.
Four categories of grounds
exist for determining whether or not a treaty is invalid:
1)
defect of capacity, authorization [non-compliance with a nation�s
internal law] [Vienna, article 46]
2)
error [Vienna, Article 48], fraud [Vienna, Article 49], corruption
[Vienna, Article 50],
3)
coercion of representative [Vienna, Article 51], or threat or use of force
against a state party [Vienna, Article 52]
4)
violation of peremptory norm of international [customary] law [jus
cogens]. [Vienna, Article 53]
The signing or
ratification of a treaty must be properly authorized and such authority
must be properly conferred on the Agent of a Government according to the
internal law and procedure of a signatory party. The requirement of proper
authorization through the internal law and procedure of a party has a very
important practical reason. For example, it makes the process transparent
that there is no duress, coercion, or threat or use of force, thereby
insuring the consent to be bound by the treaty was procured properly and
not by a threat or the use of force either against the representative of a
state or against the state itself. Article 52 of the Vienna Convention
declares that such a treaty to be void if its conclusion has been procured
by such �threat or use of force� in violation of the principles of
international law embodied in the Charter of the United Nations.
A treaty is null and void
also if it violates a peremptory norm of general international law.
Article 53 of the Vienna Convention defines a peremptory norm of general
international law as a norm that the World community of states as a whole
accepts and recognizes and which permits no derogation [except through an
equally significant change of principle accepted by the World community]. Such
change is not dependant or limited by the passage or function of time, for
it is possible to have instantaneous customary international law. �These
international legal theorists very much value jus
cogens. The legal consequences of finding a treaty invalid differ
according to the grounds. Treaties which are the result of coercion, as
well as those treaties in conflict with a peremptory norm of international
law are absolutely and retroactively invalid.�
I understand the concern
of individuals who insist that the treaties and conventions signed by
Menilik II are colonial treaties signed under coercion, thus invalid due
to such coercion. The problem with such argument is that its force of
persuasion is narrowly dependant on the determination of whether Menilik
was �coerced,� which question shifted the whole argument to a narrow
question of fact that could be refuted easily and prejudicially to our
case. At any rate, there is no need for insulting me because I argue for a
far better and more expansive legal arguments based on a number of legal
principles and international norms, peremptory or otherwise. When we
resort to name calling of people with a different view than those that we
have, it only proves the weakness inherent in our arguments.
Now, coming back to the
contrasting consequences of termination and invalidation of treaties, the
nullity and/or voidness of a treaty takes away the very basis of any
rights and/or duties (obligations) under such a treaty, thus, no such
acknowledgment of an act or non-act under such null and void instrument.
For example, an agreement entered with a criminal objective is null and
void ab initio, no legal consequence would attach to any act
carried out by the parties to such an agreement from the very beginning.
Of course, there are refinements in the general outline I suggested as a
distinction between �termination� and �nullity and void ness� of a
treaty. The purpose here is
to clarify the reason of my straddling of two lines of thinking that is
meant to cover as much ground that would benefit Ethiopia. Those who are
familiar with litigation understand that offering alternative pleadings of
claims or defenses (of facts), even contradictory ones, are acceptable
forms of proper advocacy.
Art 64 of the Vienna Convention is a far more formidable
provision in our defense of the integrity of Ethiopia. It states, �If a
new peremptory norm of general international law emerges, any existing
treaty which is in conflict with that norm becomes void and terminates.�
The new peremptory norm I am identifying in the present conflict is the
right of the Ethiopian people cannot be bulldozed through technical
�legal� acrobatics. Fundamental rights involving human rights cannot
be negated by any arbitration tribunal.
D. On Questions of Allegiance and Financial Arrangements
Although of minor
importance, one individual had complained that I did not publish an
article that was written by an American journalist on what happened after
the defeat of Tewodros at Meqdella. The problem is not that I was trying
to hide history, but the fact of copyright. If the individual who
complained sends us his own writing about his views on anything posted in
our Website, written within the prescribed form announced to contributors
to our Website, I see no reason for not posting such an article. No one is
�hoodwinking history� for we are about knowledge, truth, and exposure.
I have stated repeatedly
and clearly in my writings that the actual transfer of money is not
important in order to establish the treasonous activities of Menilk II.
What is important is the fact of evidence of the state of mind for the
commitment of such betrayal, such as draft treaties, letters, signed
agreements, letters of authorizations et cetera. It does not help any one
to discuss how international loan agreements are concluded. We are not
engaged in some abstract analysis of an international loan agreement. What
I was establishing by my discussion of financial matters was for the
purpose of establishing the state of mind or the culpability of Menilik in
committing treason. I have stated in Part Three, Section VIII (D) that
fact: �It is not of
material importance whether Menilik received all of the money promised or
none of the money agreed to be paid by Italy.� Even if Menilik in reality never received a single lire from the
Italians, he still would be considered to have committed treason if he had
agreed to such payment [as grant, loan, or compensation] that can be shown
to have a direct connection with the ceding of Ethiopian Territory. Thus,
any discussion about the capacity of Menilk or that of the Italian Agent
in the conclusion of loan agreements is a red herring, which simply is an
attempt to diverted our attention from the real issue of an King or an
Emperor committing treason.
There was also a mistaken effort to establish that Menilik as King of Shoa
owed no allegiance to Emperor Yohannes IV, thus was not obliged to be
loyal to Yohannes. The argument seems to be based on the idea that there
is no treason committed between equals because Ethiopian Kings and
Emperors led independent existence. The fallacy of such argument is
obvious. It is a matter of fact that Yohannes IV did crown Menilik as King
in 1877 at Boru Meda. One must be careful in putting forth such argument
because it has some far more serious implications than just the squabble over Menilik�s treasonous activities. If we accept such independence of
subordinate or vassal leaders, we run the risk of declaring Ethiopia as a
fictitious Empire that had not existed at all before the reign of Emperor
Menilik, which is the position of Meles Zenawi. I have attached herewith a
part of a document sent to us anonymously that would clearly show the hierarchical
relationship of vassal and lord between King Menilik and
Emperor Yohannes IV. [See Attachment, 2]
Spraying one�s writing
with legal jargons is a poor substitute for logical, coherent, and clear
writing. I write at a level and depth to communicate with others what I
know to be true. My purpose in writing is not to impress people with the
�brilliance� of my ideas or to prove that I am the �true son of
Ethiopia.� I am very much content with who I am�an eternal seeker of
truth. I seek no one�s approval or admiration in order for me to know my
worth. I enquire, search, and analyze in the interest of promoting the
continued survival of Ethiopia and its citizens. Even in that, I worry for
the possibility of being presumptuous. Of course, like everyone else, I am
swayed [hurt] by what people say or write about me. However, I do not
allow myself to lose my rationality and reasonableness due to such
emotions. Gullible individuals always are impressed and satisfied by just
looking at the veneer of things. By such self-censor of delusion, they
miss the underlying solid ideas. I pity people, who spent their entire
adult lives floating on the surface, without ever looking deeply into the
intricacy of anything worth paying attention to, be it politics, history,
law, economics, relationships et cetera. At
this point, far more important than my survival or ego is the survival of
Ethiopia and the people of Ethiopia in freedom and independence. End
Tecola W. Hagos
2 January 2005
Footnote
[1] https://www.newberry.org/nl/smith/teachers/notesafrica.html
as retrieved on Dec 21, 2004 20:10:33 GMT
[2] Attachment 2 [Excerpt from unknown source that reached
our Website]
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