It will become clear, and may as well be stated at the outset, that this is written by a political opponent of Henry Kissinger. Nonetheless, I have found myself continually amazed at how much hostile and discreditable material I have felt compelled to omit. I am concerned only with those Kissingerian offenses that might or should form the basis of a legal prosecution: for war crimes, for crimes against humanity, and for offenses against common or customary or international law, including conspiracy to commit murder, kidnap, and torture.

Thus, I might have mentioned Kissinger’s recruitment and betrayal of the Iraqi Kurds, who were falsely encouraged by him to take up arms against Saddam Hussein in 1972-75, and who were then abandoned to extermination on their hillsides when Saddam Hussein made a diplomatic deal with the Shah of Iran, and who were deliberately lied to as well as abandoned. The conclusions of the report by Congressman Otis Pike still make shocking reading and reveal on Kissinger’s part a callous indifference to human life and human rights. But they fall into the category of depraved realpolitik and do not seem to have violated any known law.

In the same way, Kissinger’s orchestration of political and military and diplomatic cover for apartheid in South Africa presents us with a morally repulsive record and includes the appalling consequences of the destabilization of Angola. Again, though, one is looking at a sordid period of Cold War and imperial history, and an exercise of irresponsible power, rather than an episode of organized crime. Additionally, one must take into account the institutional nature of this policy, which might in outline have been followed under any administration, national security adviser, or secretary of state.

Similar reservations can be held about Kissinger’s chairmanship of the Presidential Commission on Central America in the early 1980s, which was staffed by Oliver North and which whitewashed death-squad activity on the isthmus. Or about the political protection provided by Kissinger, while in office, for the Pahlavi dynasty in Iran and its machinery of torture and repression. The list, it is sobering to say, could be protracted very much further. But it will not do to blame the whole exorbitant cruelty and cynicism of decades on one man. (Occasionally one gets an intriguing glimpse, as when Kissinger urges President Ford not to receive the inconvenient Alexandr Solzhenitsyn, all the while posing as Communism’s most daring and principled foe.)

No, I have confined myself to the identifiable crimes that can and should be placed on a proper bill of indictment, whether the actions taken were in line with general “policy” or not. These include, in this installment, the deliberate mass killing of civilian populations in Indochina and the personal suborning and planning of murder of a senior constitutional officer in a democratic nation-Chile-with which the United States was not at war. In a second installment we will see that this criminal habit of mind extends to Bangladesh, Cyprus, East Timor, and even to Washington, D.C.

Some of these allegations can be constructed only prima facie, since Mr. Kissinger-in what may also amount to a deliberate and premeditated obstruction of justice-has caused large tranches of evidence to be withheld or possibly destroyed. We now, however, enter upon the age when the defense of “sovereign immunity” for state crimes has been held to be void. As I demonstrate below, Kissinger has understood this decisive change even if many of his critics have not. The House of Lords’ ruling in London, on the international relevance of General Augusto Pinochet’s crimes, added to the splendid activism of the Spanish magistracy and the verdicts of the International Tribunal at The Hague, has destroyed the shield that immunized crimes committed under the justification of raison d’etat. There is now no reason why a warrant for the trial of Kissinger may not be issued in any one of a number of jurisdictions and no reason why he may not be compelled to answer it. Indeed, as I write, there are a number of jurisdictions where the law is at long last beginning to catch up with the evidence. And we have before us in any case the Nuremberg precedent, by which the United States solemnly undertook to be bound.

A failure to proceed will constitute a double or triple offense to justice. First, it will violate the essential and now uncontested principle that not even the most powerful are above the law. Second, it will suggest that prosecutions for war crimes and crimes against humanity are reserved for losers, or for minor despots in relatively negligible countries. This in turn will lead to the paltry politicization of what could have been a noble process and to the justifiable suspicion of double standards.

Many if not most of Kissinger’s partners in politics, from Greece to Chile to Argentina to Indonesia, are now in jail or awaiting trial. His own lonely impunity is rank; it smells to heaven. If it is allowed to persist then we shall shamefully vindicate the ancient philosopher Anacharsis, who maintained that laws were like cobwebs-strong enough to detain only the weak and too weak to hold the strong. In the name of innumerable victims known and unknown, it is time for justice to take a hand.

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