Jacques Vergès

Jacques Vergès (; 5 March 1925 – 15 August 2013) was a French-Algerian lawyer of Vietnamese origin and anti-colonial activist. Vergès began as a fighter in the French Resistance during World War II, under Charles de Gaulle's Free French forces. After becoming a lawyer, he became well known for his defense of FLN militants during the Algerian War of Independence. He was later involved in a number of controversial and high-profile legal cases, with a series of defendants charged with terrorism, serial murder, crimes against humanity, and war crimes. This includes Nazi officer Klaus Barbie, "the Butcher of Lyon", in 1987, He also defended infamous Holocaust denier Roger Garaudy in 1998, as well as members of the Baader-Meinhof gang. As a result of taking on such clients, he garnered criticism from members of the public, including intellectuals Bernard-Henri Lévy and Alain Finkielkraut, political activist Gerry Gable and Nazi hunter Serge Klarsfeld.

Vergès attracted widespread public attention in the 1950s for his use of trials as a forum for expressing views against French colonial rule in Algeria, questioning the authority of the prosecution and causing chaos in proceedings – a method he promoted as "rupture defense" in his book De la stratégie judiciaire. He was imprisoned for his activism in 1960 and temporarily lost his license to practice law. He was a supporter of the Palestinian fedayeen in the 1960s. He would later disappear from 1970 to 1978, without ever explaining his whereabouts during that period. An outspoken anti-imperialist, he continued his vocal political activism in the 2000s, including opposing the war on terror. The media sensationalized his activities with the sobriquet "the Devil's advocate", and Vergès himself contributed to his "notorious" public persona by such acts as titling his autobiography The Brilliant Bastard and giving provocative replies in interviews, such as "I'd even defend Bush! But only if he agrees to plead guilty."

Biography Born on 5 March 1925 in Ubon Ratchathani, Siam, and brought up on the island of Réunion with his twin brother Paul Vergès, Jacques Vergès was the son of Raymond Vergès, a French doctor from Réunion, and a Vietnamese teacher named Pham Thi Khang. In 1942, with his father's encouragement, he sailed to Liverpool to become part of the Free French Forces under Charles de Gaulle, and to participate in the anti-Nazi resistance. He went on to fight in Italy, France, and Germany.

After the end of World War II he entered the University of Paris, where he enrolled in the Faculté des lettres pursuing a degree in history, studying the Hindi and Malagasy languages. In 1945 he joined the Young Communists movement of the French Communist Party, while his father was helping to organize the Reunionese Communist Party. During this time he befriended Erich Honecker, future leader of East Germany, Henri Alleg and Felix Hophouet-Boigny, future President of the Ivory Coast. In 1949 Jacques became president of the AEC (Association for Colonial Students), where he befriended Pol Pot and Khieu Samphan. He returned to Paris, where he went on to study law, passing his final exams in 1955.

Algerian independence movement

After returning to France, Vergès became a lawyer and quickly gained fame for his willingness to take controversial cases. During the struggle in Algiers he defended many accused of terrorism by the French government. He was a supporter of the Algerian armed independence struggle against France, comparing it to French armed resistance to the Nazi German occupation in the 1940s. Vergès became a nationally known figure following his defence of the anti-French Algerian guerrilla Djamila Bouhired on terrorism charges: she was convicted of blowing up a café and killing eleven people inside it. She was sentenced to death but pardoned and freed following public pressure brought on by Vergès' efforts. After some years she married Vergès, who had by then converted to Islam. In an effort to limit Vergès' success at defending Algerian clients, he was sentenced to two months in jail in 1960 and temporarily lost his licence to officially practice law for anti-state activities. After Algeria gained its independence in 1962, Vergès obtained Algerian citizenship, going by the name of Mansour. During the Algerian War he had become acquainted with Ahmed Ben Bella of the FLN and the first President of Algeria, Swiss Nazi and financier for the FLN, François Genoud, as well as Ahmed Huber, a Swiss Muslim-convert and Nazi who covered the war as a journalist.

Israel and the Palestinians In 1965, Vergès arrived in Israel, seeking to represent Mahmud Hijazi (מחמוד חיג'אזי), a Palestinian member of the Fatah movement who had at the time been sentenced to death by an Israeli military court on charges of terrorism, for crossing into Israel and setting a small demolition charge near the National Water Conduit in the Galilee. Israel's Justice Minister Dov Yosef forbade Hijazi's being represented by a foreign lawyer. Vergès was detained at the airport and deported. Nevertheless, though Vergès did not succeed in getting to represent Hijazi in court, his initiative generated considerable publicity and controversy which were influential in Hijazi's death sentence being eventually commuted by an appeals court. (Hijazi was later released in a 1971 prisoner exchange.)

Missing years

From 24 February 1970 to 1978, Vergès disappeared from public view without explanation. He refused to comment about those years, remarking in an interview with Der Spiegel that "It's highly amusing that no one, in our modern police state, can figure out where I was for almost ten years." Vergès was last seen at an anti-colonial rally in Paris. He left his wife, Djamila, and cut off all his ties with his friends and family. Many people wondered if he had been killed, kidnapped, become a spy, or had gone into hiding. His whereabouts during these years have remained a mystery. Many of his close associates of the time assume that he was in Cambodia with the Khmer Rouge, a rumour Pol Pot (Brother #1), Nuon Chea (Brother #2) and Ieng Sary (Brother #3) have denied. There are claims that Vergès was spotted in Paris by Mohamed Boudia, a contact from Algerian War and an old Communist associate, Jiří Pelikán. He is also alleged to have been in Switzerland at the house of François Genoud according to Ahmed Huber. He was also thought to be in several Arab countries in the company of Ali Hassan Salameh and Palestinian militant groups according to the Lebanese attorney Karim Pakradouni, and exiled Algerian politician Bachir Boumaza.

High-profile defendants After Vergès's return to public life he resumed his legal practice, taking on a variety of legal cases ranging from; Muslim children who wanted to wear headscarves in school, transfusion-transmitted HIV/AIDS patients contaminated by unscreened blood, prostitutes suing their pimps for back pay to defending high profile war criminals and dictators.

Notable clients

Sources: As such, Vergès argued that the republic had no right to convict Barbie of anything given that French officers like the war hero General Jacques Massu had also engaged in torture and extrajudicial executions during the fight against the FLN. Vergès maintained that to convict Barbie was a base act of hypocrisy for a French court as his actions were those of a typical Westerner, and therefore he could not be punished for doing merely what other Westerners had done. Vergès claimed Moulin's colleagues were "playing a double game" and all those in the Resistance "whether they were anti-Gaullists or anti-Communists forgot their duty to the Resistance because of partisan political passions". At one point, Vergès claimed that Moulin had actually wanted to be tortured to death and tipped off Barbie himself. Under French law, defense lawyers are entitled to use competing theories in defense of their clients, unlike the prosecution who must stick to only one line of argument. Barbie was not on trial for the torture and murder of Moulin as the statute of limitations in the Moulin case had expired, but instead on trial for crimes against humanity for his role in deporting Jews from Lyons in 1942-44, for which there was no statute of limitations, Of the 44 children, 42 were killed at Auschwitz. Vergès was paid to defend Barbie by Swiss Nazi financier François Genoud, whom Vergès had met during the Algerian War due to their mutual support for the FLN.

Lawsuits against Amnesty International and François-Xavier Verschave In 1999 Vergès sued Amnesty International on behalf of the government of Togo. In 2001, on behalf of Idriss Déby, president of Chad, Omar Bongo, president of Gabon, and Denis Sassou-Nguesso, President of the Republic of the Congo, he sued François-Xavier Verschave for his book Noir silence denouncing the crimes of the Françafrique on the charges of "offense toward a foreign state leader", using an arcane 1881 law. The attorney general observed how this crime recalled the lese majesty crime; the court thus deemed it contrary to the European Convention on Human Rights, thus leading to Verschave's acquittal.

Saddam Hussein After the US-led coalition forces invaded Iraq in March 2003 and deposed Saddam Hussein, many former leaders in the Baathist regime were arrested. In late 2003, Vergès offered to defend Hussein after he was approached by Saddam's nephew who was putting a legal team together.

In May 2008, Tariq Aziz assembled a team that included Vergès as well as a French-Lebanese and four Italian lawyers.

Personal life Jacques Vergès was married twice. He had a son with his first wife, Karine. He would go on to marry his client Djamila Bouhired, having two children with her.

In 2002, he called former Serbian leader Slobodan Milošević "extremely likeable". In January 2008, he personally supported Tomislav Nikolić, nationalist leader of the Serbian Radical Party.

Death

Jacques Vergès died on 15 August 2013 of a heart attack in Paris at the age of 88. His funeral was attended by Roland Dumas and Dieudonné. Vergès is buried in the Montparnasse Cemetery.

In popular culture In 1987 Vergès appeared on an episode of the live British discussion television programme After Dark alongside, among others, Eli Rosenbaum, Neal Ascherson, Philippe Daudy and Paul Oestreicher. Vergès was interviewed in the documentary Hotel Terminus: The Life and Times of Klaus Barbie, directed by Marcel Ophuls. Vergès was portrayed by in the 2010 French film Carlos.