COMMENTARY

The Hague Court’s Verdict…Unjust and Detrimental To Irob Community
Commentary based on biblical justice and values

By The Rev. Abba Tesfamariam Baraki
An Irob-Ethio-American Citizen
Washington, D.C.

September 13, 2002


“Injustice anywhere
is a threat to justice everywhere. We are caught in an inescapable network
of mutuality tied in a single garment of destiny.”

Dr. Martin Luther
King, Jr
.

When Justice Is Abused

The purpose of this article is to
critique, in the light of biblical truth, The Hague’s Eritrea-Ethiopia
Boundary Commission’s verdict of 13 April 2002
, which denied justice to
the Irob people in the Irobland, as well as to condemn the hasty UN Security
Council’s endorsement
. The Irob ethnic minority was victimized by the
Ethiopian-Eritrean border war of 1998 and more recently by the heartless
injustice of The Hague Court’s decision. This Court ignored the voiceless Irob
ethnic minority in Northeastern Ethiopia who could not defend themselves and
stand for their civic and political rights. Although the Irob Diaspora strongly
protested the injustice of forced division of the Irob ethnic minority into two
nationalities of two hostile countries, the Court ignored the Irob people’s
plea for justice and peace. What did the Court want to achieve by denying
justice to the victimized Irob minority in those disputed borders? Certainly
those border peoples were not expecting a compulsory separation from their
families, relatives, and friends and a forced citizenship of a country which
oppressed them with emotional and physical torture during the invasion and
occupation. Then, I ask where is justice? Wasn’t Dr. Martin Luther King, Jr.
correct when he stated, “
Injustice
anywhere is a threat to justice everywhere
”? 

Justice, in order to be fair and right,
must be guided and enlightened by divine wisdom. Wisdom is not merely acquired
human knowledge. It is a gift endowed by our Creator in order to discern right
from wrong and good from evil. It is attained by humble submission to the will
of the Omnipotent and Omniscient God and by faithful requesting and trusting in
his guidance. Whenever there is arrogance and pride, however, there is the
absence of divine wisdom. As a result, we fail to render justice in accordance
with God’s mandate and his divine will.
 

In order to illustrate the nature of
injustice done to the Irob minority, I will utilize biblical references which
help us to reflect and understand injustice from a theological perspective.
 

Let’s look at the divinely inspired
word of God concerning the enlightened wisdom of King Solomon and his
deliverance of justice. In the First Book of Kings (The New Jerusalem Bible),
we read the following biblical accounts:
 

a) Solomon’s Prayer and Request (1 Kings 3:7-11): 

7. Now, Yahweh my God, you
have made your servant king
in succession to David my father. But I am a
very young man, unskilled in leadership
. 8. And here is your servant,
surrounded with your people whom you have chosen, a people so numerous that its
number cannot be counted or reckoned. 9. So give your servant a heart to
understand how to govern your people, how to discern between good and evil,

for how could one otherwise govern such a great people as yours?”

    10. It pleased
    Yahweh that Solomon should have asked for this
    . 11. `Since you have
    asked for this,” God said, “and not asked for long life for yourself
    or riches or the lives of your enemies but have asked for a discerning
    judgement
    for yourself, 12. here and now I do what you ask. I give you
    a heart wise and shrewd as no one has had before and no one will have after
    you
    . (NJB) 

In this biblical passage, we see that
the authority to govern and lead people comes directly from God who is the
Creator and Governor of the whole universe. Solomon accepts this tremendous
authority and responsibility of governing God’s people. However, he
acknowledges his own inadequacy and lack of confidence in his ability. The king
humbles himself before the Almighty God and prays for the gift of wisdom that
would enable him to discern right from wrong in the process of governing the
people of God and in making rightful judgments on their behalf.

b) Two Disputing Mothers and the Judgement of Solomon (1 Kings 3:16-28): 

    16. Later two
    prostitutes came to the king and stood before him. 17. `If it please you, my
    lord,” one of the women said, “this woman and I live in the same
    house, and while she was in the house I gave birth to a child. 18. Now it
    happened on the third day after my delivery that this woman also gave birth to
    a child. We were alone together; there was no one else in the house with us;
    just the two of us in the house. 19. Now one night this woman’s son died;
    she overlaid him. 20. And in the middle of the night she got up and took my
    son from beside me while your servant was asleep; she took him in her arms and
    put her own dead son in mine. 21. When I got up to suckle my child, there he
    was, dead. But in the morning I looked at him carefully, and he was not the
    child I had borne at all.”

22. Then the other
woman spoke. “That is not true! My son is the live one, yours is the dead
one”; and the first retorted, “That is not true! Your son is the dead
one, mine is the live one.” And so they wrangled before the king. 23. `This
one says,” the king observed, ” `My son is the one who is alive; your
son is dead,’ while the other says, `That is not true! Your son is the dead one,
mine is the live one.’

    24. Bring
    me a sword,” said the king
    ;
    and a sword was brought into the king’s presence. 25.
    `Cut
    the living child in two
    ,”
    the king said, “
    and
    give half to one, half to the other
    .

    26. At this the woman who was the mother of the living child addressed
    the king, for she felt acutely for her son
    . “I beg you, my lord,”
    she said, “let them give her the live child; on no account let them
    kill him
    !” But the other said, “He shall belong to neither of
    us. Cut him in half!
    ” 27.
    Then
    the king gave his decision. “Give the live child to the first
    woman,” he said, “and do not kill him. She is his mother
    .
    28. All Israel came to hear of the judgement, which the king had pronounced
    and held the king in awe, recognising that
    he
    possessed divine wisdom for dispensing justice
    .
    (NJB)
     

  1. Solomon’s fame (1
    Kings 3:29-34):

29. God gave Solomon
immense wisdom and understanding, and a heart as vast as the sand on the
sea-shore
. 30. The wisdom of Solomon surpassed the wisdom of all the sons of
the East and all the wisdom of Egypt. 31. He was wiser than anyone else; …his
fame spread to all the surrounding nations. …34. Men from all nations came to
hear Solomon’s wisdom, and he received gifts from all the kings in the world,
who had heard of his wisdom
. (NJB) 

Analytical Comments  

In this biblical passage, we see two
mothers locked in a bitter dispute over a matter of life and death of their
offspring, one dead the other alive. One mother is honest, and the other is
dishonest. The dishonest mother while asleep accidentally suffocates her own
baby. Upon realizing the situation, she accuses the other mother of stealing her
baby and replacing it with the dead one. She deliberately claims the living
infant of the other woman as her own which results in a terrible dispute between
the two women. They bring their case to King Solomon for arbitration. Before
dispensing justice, Solomon, guided and enlightened by divine wisdom, closely
analyzes the case in an effort to find out where the truth lies. He proposes a
morally controversial method of solving the dispute by cutting the living baby
in half. The true mother surrenders her maternal rights immediately in order to
save the baby from execution. The pathologically dishonest and jealous mother,
however, agrees to the decision of executing the living son and splitting his
dead body between each mother. Through careful analysis, Solomon, is able to
discern the truth. As a result, Solomon makes a justifiable decision and gives
the infant son to his rightful mother.
 

Relevance and Implications 

Is there any relevance between this
biblical account and the Irobland’s case, among others, which was disputed by
Ethiopia and Eritrea at The Hague Court? Is there any similarity between the
Court’s verdict of 13 April 2002 and that of King Solomon? In my opinion,
there is a striking similarity in a reverse way. Solomon’s judgment was guided
by divine wisdom in discerning the truth and in delivering a just decision.
However, The Hague Court’s verdict, particularly, in the Irobland’s case
does not appear to be enlightened or guided by the wisdom of God. Hence, the
Court’s decision cannot be considered or accepted as a rightful justice. In my
opinion, the Court failed to make a thorough investigation of the disputed
issues and concerns of the border population prior to decreeing their verdict.
The Court did not show compassion toward the peoples who would be adversely
affected, such as the Irobs. Even though Ethiopia appealed for more
clarification on the border delimitation ruling of 13 April 2002, the Hague
Court arrogantly refused to rectify the harmful verdict which will disintegrate
families, relatives, and friends who have lived together for centuries. Despite
the outcry and condemnation of the victimized people, the Court yielded to the
detrimental claim of the wrong mother by cutting the Irobland in two. In fact,
to the Irob people’s dismay, Eritrea expressed her satisfaction and political
victory over Ethiopia in gaining one-third of the Irobland. Yes, the false
mother in the above biblical passage wanted King Solomon to “cut the living
child in half
,” knowing that the child would die. Likewise, the Hague
Court unscrupulously cut the Irobland and its people in half, giving political
victory to Eritrea while causing grave harm to the Irobs.
 

Despite the bloody sacrifice of tens of
thousands of her children in order to protect her sovereignty and national
integrity, Ethiopia failed to convince the UN Boundary Commission that the Irob
minority is an integral part of Ethiopia. Hence, the Irob people feel betrayed
by their true Mother Ethiopia’s yielding to The Hague Court’s unjust
decision. The Irob people do not want another war between Ethiopia and
Eritrea.
They long for a genuine peace. Nevertheless, they want
justice
from the international community and The Hague Court.
The justice that they are crying for is simply not to cut them off from their
families, relatives, and from their motherland (Ethiopia) to which they have a
passionate loyalty.
 

The Irobs in Diaspora have petitioned
the international community as well as the United Nations to investigate abuses
and violations of human rights committed against the innocent voiceless Irob
peasantry, particularly against more than 90 abducted farmers and business
people during the Eritrean invasion and occupation from 1998-2000. I am not
aware that any significant attention has been given by the international
community or the United Nations to the Irobs’ request and plight. Such apathy
demonstrates negligence and lack of justice concerning the voiceless
minority’s human rights. It was a deep disappointment for the Irob people that
during the visit of Mr. Jakob Kellenberger, the President of the International
Committee of the Red Cross (ICRC) to Eritrea and Ethiopia in August, 2002, that
the Irob abductees or prisoners’ conditions and whereabouts were not discussed
or even mentioned by the concerned party or by the Ethiopian Government. This
was a great opportunity for Ethiopia and the international community to show
some gesture of empathy and human solidarity with the voiceless Irob minority.
Hence, I question, where is human justice and fairness to the oppressed and
forgotten? Once again, we must listen to the prophetic words of Dr. King, Jr.,
Injustice
anywhere is a threat to justice everywhere
.”
 

Where Justice Is Misconstrued, There
the People’s Rights Are Trodden
 

In the New Jerusalem Bible, according
to the Gospel of St. Luke (18:1-8), we read the following parable told by
the Lord Jesus:

    1. Then he (Jesus)
    told them a parable about the need to pray continually and never lose heart.
    2. `There was
    a
    judge
    in a
    certain town,” he said, “
    who
    had neither fear of God nor respect for anyone
    .
    3. In the same town there was also
    a
    widow who kept on coming to him

    and saying, `
    I
    want justice from you against my enemy
    !

    4. For a long time he refused, but at last he said to himself, `Even
    though I have neither fear of God nor respect for any human person, 5. I
    must give this widow her just rights since she keeps pestering me
    , or she
    will come and slap me in the face.’ ” 6. And
    the
    Lord said
    ,
    You
    notice what the unjust judge has to say
    ?

    7. Now,
    will
    not God see justice done to his elect if they keep calling to him day and
    night

    even though he still delays to help them? 8. I promise you,
    he
    will see justice done to them, and done speedily
    .
    But when the Son of man comes, will he find any faith on earth?”.(
    NJB).
     

In this parable, we see the human and
divine aspect of justice in relation to the poor and the oppressed. The unjust
judge’s behavior in the parable is appalling. It demonstrates a corruption of
human justice. The judge in the parable does not show concern for the widow who
cries persistently for justice against her oppressor. The judge arrogantly
claims that he shows neither compassion nor responsibility for any human being
nor fear or respect for God. He falsely thinks that there is no other power or
authority above him. He seems to believe that he is the only absolute authority.
In other words, his behavior reflects a lack of moral conscience and abuse of
power.
 

God Is Full of Justice: When and
Where Justice Is Abused His Anger Is Provoked
 

In the above parable, God is
revealed as a God of justice
(Is 30:18) who cannot tolerate injustice. He
wants to see justice done speedily, fairly and equitably to his oppressed and
victimized people. He abhors human arrogance and pride in treating the weaker
segment of his people with injustice. Hence, Prophet Isaiah speaks out against
any social injustice
: “
Woe
to those who make unjust laws, to those who issue oppressive decrees, to deprive
the poor of their rights and withhold justice from the oppressed of my people,
making widows their prey and robbing the fatherless

(Is. 10:1, NJB). Similarly, Prophet Jeremiah moved inspired by the word of God
utters that justice is done to the oppressed: “To the royal House of Judah.
Listen to the word of Yahweh, House of David! Yahweh says this: Each morning
give fair judgement, rescue anyone who has been wronged from the hands of his
oppressor, or else my wrath will leap out like a fire, it will burn and no one
will be able to quench it, because of the wickedness of your actions” (Jer.
21:11-12,NJB). In the Letter to the Romans, St. Paul writes against injustice:
“The retribution of God from heaven is being revealed against the ungodliness
and injustice of human beings who in their injustice hold back the truth”
(Rom. 1:18, NJB). The author of Book of Psalms (58:1) condemning injustice,
says: “Justice? You high and mighty politicians don’t even know the meaning
of the word! Fairness? Which of you any left? Not one! All your dealings are
crooked: you give ‘justice’ in exchange of bribes.” Prophet Habakkuk
criticizing injustice, says, “The law is not enforced and there is no justice
given in the courts, for the wicked far outnumber the righteous, and bribes and
trickery prevail” (Hab. 1:4, LB). Similarly, Psalm (64:6), “They plot
injustice and say, ‘we have devised a perfect plan!’ Surely the mind and
heart of man are cunning.” The Book of Job decries injustice in cheating and
moving illegally territorial boundary: “Men move boundary stones; they pasture
flocks they have stolen. They drive away the orphan’s donkey and take the
widow’s ox in pledge. They thrust the needy from the path and force all the
poor of their land into hiding” (Job 24:2-4). In a similar manner, concerning
dispute of territorial boundaries, the author of Deuteronomy (19:14) urges the
Israelites, “You must not displace your neighbour’s boundary mark, positioned
by men of old in the heritage soon to be yours, in the country which Yahweh your
God is about to give you” (NJB). Deuteronomy 27:17 strongly condemns such an
act, saying, “Accursed be anyone who displaces a neighbour’s boundary mark.
And the people must all say, Amen” (NJB). Prophet Amos as well deplores
injustice: “They turn justice into wormwood and throw uprightness to the
ground” (Amos 5:7).
 

The Irob people’s cry for justice
reminds me of the Prophet Isaiah’s utterance: “Now, the vineyard of Yahweh
Sabaoth is the House of Israel, and the people of Judah the plant he cherished.
He
expected fair judgement, but found injustice, uprightness, but found cries of
distress
” (Is 5:7). In the Book
of Leviticus we read, “You will not be unjust in administering justice. You
will neither be partial to the poor nor overawed by the great, but will
administer justice to your fellow citizen justly” (Lev 19:15). Similarly, in
the Book of Deuteronomy we find the word of God saying, “At that same time
I
told your judges, ‘you must give your brothers a fair hearing and see justice
done
…’” (Deut 1:16). And the
Book of Exodus adds by stressing, “You shall not pervert justice due to your
poor in his suit” (Ex 23:6). Because as the Book of Proverb says, “He who
mocks the poor shows contempt for their Maker…” (Pro 17:5). Likewise, in the
2 Chronicles (19:6) the judges are advised, “Be careful what you do, since you
are judging not by any human power but in the name of Yahweh, who will be with
you when you pronounce sentence.”
 

The Hypocrisy of Pontius Pilate’s
Unjust Verdict
 

The following historical episode,
recorded in the Gospel of St. Matthew (27:1-26), describes the injustice Jesus
Christ endured under the Roman Empire’s court system.
 

    1. When morning came, all the chief priests and the elders of the people
    met in council to bring about the death of Jesus
    . 2. They had him bound
    and led him away to hand him over to Pilate, the governor… 9. The word
    spoken through the prophet Jeremiah was then fulfilled: And they took the
    thirty silver pieces, the sum at which the precious One was priced by the
    children of Israel, 10. and they gave them for the potter’s field, just as the
    Lord directed me. 11. Jesus, then, was brought before the governor, and the
    governor put to him this question, “Are you the king of the Jews?”
    Jesus replied, “It is you who say it.” 12. But when he was accused
    by the chief priests and the elders he refused to answer at all. 13. Pilate
    then said to him, “Do you not hear how many charges they have made
    against you?” 14. But to the governor’s amazement, he offered not a word
    in answer to any of the charges. 15. At festival time it was the governor’s
    practice to release a prisoner for the people, anyone they chose. 16. Now
    there was then a notorious prisoner whose name was Barabbas.
    17. So
    when the crowd gathered, Pilate said to them, “Which do you want me to
    release for you: Barabbas, or Jesus who is called Christ?” 18. For Pilate
    knew it was out of jealousy that they had handed him over
    . 19.
    Now
    as he was seated in the chair of judgment, his wife sent him a
    message, “Have nothing to do with that upright man; I have been
    extremely upset today by a dream that I had about him.”

    20. The chief priests and the elders, however, had persuaded the crowd to
    demand the release of Barabbas and the execution of Jesus.
    21. So when the
    governor spoke and asked them, “Which of the two do you want me to
    release for you?” they said, “Barabbas.” 22. Pilate said to
    them, “But in that case, what am I to do with Jesus who is called
    Christ?” They all said, “Let him be crucified!” 23. He asked,
    “But what harm has he done?” But they shouted all the louder,
    “Let him be crucified!
    ” 24.
    Then
    Pilate saw that he was making no impression, that in fact a riot was imminent.
    So he took some water, washed his hands in front of the crowd and said,
    I
    am innocent of this man’s blood. It is your concern
    .

    25. And the people, every one of them, shouted back, “Let his blood be
    on us and on our children
    !” 26.
    Then
    he released Barabbas for them. After having Jesus scourged he handed him over
    to be crucified
    .
    (NJB) 

Was Pilate really innocent of
condemning Jesus to death? Why did he refuse his wife’s wise advice? Was it
arrogance or lack of prudence that caused him to ignore her plea on behalf of
this innocent man? With all power in his hands, why did he fail to render
justice to an innocent man? Was it justifiable for him to release Barabbas – a
notoriously known murderer, rapist, and thief – and condemn Jesus, publicly
known for his goodness, compassion, and mercy toward the sinners, the sick, and
the poor? Certainly, there is something intrinsically wrong with this kind of
justice. How can a human being with such power claim no responsibility for the
consequences of a judgement regarding the fate of a human being? Now, I ask,
will the integrity of the Hague Court remain unscathed by its verdict against
the Irob ethnic minority? Can the Judges of this Court claim no responsibility
for the consequences of their ruling? Prophet Ezekiel warns, “Behold, the day!
Behold, it comes! Your doom has come, injustice has blossomed, and pride has
budded” (Ezek 7:10). In Psalm 96 the divinely inspired author utters :
“Proclaim to the nations: ‘God is king.’ The world has made
firm in its place; he will judge the people in fairness. …With
justice he rule the world, he will judge the peoples with his truth.

According to Psalms 37:28,For the Lord loves justice
and fairness
; he will never abandon his people. They will be kept safe
forever; but all who love wickedness shall perish.”
 

The Last Divine Justice and
Judgement (Matthew 25:31-46)
:
 

In the following biblical passage,
Jesus as the Lord and King of the universe will appear in his glorious divine
majesty to pronounce his final judgment on humankind who behaved diligently or
negligently, dealt charitably or uncharitably, conducted themselves justly or
unjustly toward the least or marginalized segment of human society. The passage
indicates that all people in spite of their social backgrounds or socioeconomic
conditions are important before God. Hence, they deserve to be treated with full
human dignity and respect as children of God and brothers and sisters in Christ.
According to Christ’s words, His final judgment will be based on the
principles of just and fair treatment of these least and neglected ones. We will
find the Lord himself associating and identifying himself with them as He feels
and experiences their human conditions and sufferings here on earth. At the end,
He will reward or punish everlastingly those who treated them with justice and
fairness or maltreated them with injustice and lack of compassion. This is the
absolute truth he revealed when he said (shortened):
 

    `When the Son of
    man comes in his glory
    , escorted by all the angels, then he will take
    his seat on his throne of glory
    . All nations will be assembled before him
    and he will separate people one from another as the shepherd separates sheep
    from goats. He will place the sheep on his right hand and the goats on his
    left.

    Then the King will
    say to those on his right hand, `Come, you whom my Father has blessed, take as
    your heritage the kingdom prepared for you since the foundation of the world
    .
    For I was … in prison and you came to see me. Then the upright will say to
    him in reply, `Lord, when did we see you … in prison and go to see you?’ And
    the King will answer, `In truth I tell you, in so far as you did this to
    one of the least of these brothers of mine, you did it to me
    .’
     

    Then he will say
    to those on his left hand
    , `Go away from me, with your curse upon you,
    to the eternal fire prepared for the devil and his angels
    . For I was …
    in prison and you never visited me.’ Then it will be their turn to ask, `Lord,
    when did we see you … in prison, and did not come to your help?’ Then he
    will answer, `In truth I tell you, in so far as you neglected to do this to
    one of the least of these, you neglected to do it to me.
    ‘ And they will go
    away to eternal punishment, and the upright to eternal life.”
    (NJB) 

Conclusion and Suggestions 

It is my hope and humble prayer that
this commentary based on biblical principles will serve to stimulate the
conscience of all who read it with an open mind and enlightened faith. Unless we
are guided by the light of faith and remain connected to our Creator, who is the
source of all wisdom and understanding, we are doomed to fail in discerning what
is right and wrong, what is just and unjust, in accordance with his divine will
and ordinance.
 

Jesus said: “Blessed
are the peacemakers, for they will be called children of God

(Mt 5:9). Hence, for the sake of justice and peace as well as for the sake of
reconciliation and healing of the respective peoples of Ethiopia and Eritrea, it
is my hope that the following suggestions will be considered seriously and
reflected upon by all concerned peacemaking parties:
 

  1. It is never too late for
    The Hague Court and other associate bodies – such as the United Nations, the
    African Union, the European Union, and the United States – to re-examine and
    rectify the erroneous decision which dooms populations along the Eritrean and
    Ethiopian borders, especially the Irob ethnic minority for disintegration. For
    the sake of durable peace, political stability and prosperity, it would be an
    honorable accomplishment for the Court and concerned groups to amend the
    verdict of 13 April 2002. Such a courageous decision demands admiration and
    the respect of all nations.

  1. Eritrea and Ethiopia must
    seek a genuine resolution for their conflict and hostility. A resolution for
    lasting peace must be founded on a genuine spirit of mutual reconciliation
    which is based on justice and respect for human and political rights of their
    respective citizens. If both countries want a genuine peace, governments must
    cease media wars which only serve to poison minds and political sentiments of
    the already afflicted peoples. Both countries must stop the madness of relying
    on military muscle to solve their conflicts and there by wasting their meager
    economic resources to amass destructive weaponry with money needed for feeding
    their starving people.

  1. Eritrea and Ethiopia must
    abide by the will and precepts of the Almighty God in dealing with their own
    respective citizens as well as each other’s citizens. Both countries should release
    promptly all military prisoners and civilian abductees and detainees
    on
    humanitarian grounds. If both countries truly believe in what they preach
    about democracy and respect for human rights, they must prove themselves to
    the world in action by guaranteeing full freedom of speech and individual
    rights for their respective citizens. Both countries have to understand from a
    religious viewpoint that violation of human rights and oppression of innocent
    people are serious crimes which cry out for Almighty God’s vindication.

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