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21. Defining the Four Mass Atrocity Crimes

Author:
Global Centre for the Responsibility to Protect
Publication Date:
08-2018
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
During the 2005 United Nations World Summit, heads of state and government accepted the responsibility of every state to protect its population from four crimes: genocide, war crimes, crimes against humanity and ethnic cleansing. The first three crimes are legally defined in various international legal documents, such as the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the 1949 Geneva Conventions and their 1977 Additional Protocols, and the 1998 Rome Statute of the International Criminal Court. Their status as international crimes is based on the belief that the acts associated with them affect the core dignity of human beings, both in times of peace and in times of war.
Topic:
Genocide, War Crimes, Ethnic Cleansing, and Crimes Against Humanity
Political Geography:
United Nations and Global Focus

22. The Return of Cultural Genocide?

Author:
Leora Bilsky and Rachel Klagsbrun
Publication Date:
04-2018
Content Type:
Journal Article
Abstract:
Cultural genocide, despite contemporary thinking, is not a new problem in need of normative solution, rather it is as old as the concept of genocide itself. The lens of law and history allows us to see that the original conceptualization of the crime of genocide – as presented by Raphael Lemkin – gave cultural genocide centre stage. As Nazi crime was a methodical attempt to destroy a group and as what makes up a group’s identity is its culture, for Lemkin, the essence of genocide was cultural. Yet the final text of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) does not prohibit cultural genocide as such, and it is limited to its physical and biological aspects. What led to this exclusion? In this article, we examine the various junctures of law, politics and history in which the concept was shaped: the original conceptualization by Lemkin; litigation in national and international criminal courts and the drafting process of the Genocide Convention. In the last part, we return to the mostly forgotten struggle for cultural restitution (books, archives and works of art) fought by Jewish organizations after the Holocaust as a countermeasure to cultural genocide. Read together, these various struggles uncover a robust understanding of cultural genocide, which was once repressed by international law and now returns to haunt us by the demands of groups for recognition and protection.
Topic:
Genocide, International Law, History, Culture, Courts, and Holocaust
Political Geography:
Europe and Germany

23. Russian Forces in Syria and the Building of a Sustainable Military Presence: Towards a Restructuring of the Syrian Army?

Author:
Alimar Lazkani
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The Syrian Army has inherited a few of the norms and customs the French used for running army affairs following the French occupation. These did not include any provisions on regulating the army. After the Baa’th Party came to power, particularly after Hafez Assad had assumed office, the norms and customs guaranteeing minimum rights for army soldiers, non-commissioned officers, and officers faded gradually, leaving room for cronyism and allegiance to individuals and to the regime as the sole guarantor for the military to gain their rights. Leaders of military units became almost governors of their own units where nothing could take place without their blessings The Russians became fully in charge of the Syrian Army and started to instil rules and regulations that would ensure discipline and transform the army to a professional force capable of actual missions on the ground. Such rules included entrenching among Syrian soldiers, non-commissioned officers, and officers’ allegiance to Russian military officers and meant to subdue and prevent them from exercising their authority. This has established the Russians as the de facto leaders in the minds of members of the Syrian army. This has mainly shifted the responsibility for all the atrocities committed by the Assad forces under the Russian leadership to the Russians together with the regime’s officers and leaders. Despite their inability to make decisions, they are responsible, in terms of political structure and posturing, for all cases of genocide, chemical attacks, displacement, starvation and other violations. It has therefore become difficult in the Syrian context to separate between the Russian leadership and the Syrian Army, except in terms of differentiating between the leader and the follower, a divide that Russia has been working on consolidating in the media and in its diplomacy as an entity “assisting to achieve peace and combat terrorism”, while it undoubtedly deserves the description of “occupier” with its ability to run a lot of important issues on Syrian soil.
Topic:
Diplomacy, Genocide, Political structure, and Military Intervention
Political Geography:
Russia, Europe, Middle East, and Syria

24. Youth Perspectives on Reconciliation: Challenges and opportunities in post-genocide Rwanda

Author:
Chantal Ingabire
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
This policy briefing note addresses the challenges and opportunities for engag- ing youth in post-conflict reconciliation in Rwanda, and makes specific recom- mendations based on the findings of a research project. Coming to terms with the past after a period of extreme violence during which hundreds of thousands of people lost their lives is a major challenge for any society. One of the mecha- nisms deployed by the government of Rwanda following the 1994 Genocide was the establishment of the National Unity and Reconciliation Commission (NURC) in 1999 (NURC, 2016). To achieve its objectives, the NURC organized a number of platforms, namely Ingando,1 Itorero,2 seminars,3 and national sum- mits4 in which various categories of Rwandans discussed the above-mentioned issues (NURC, 2016). This policy brief draws upon the results of a 2017 qualita- tive study investigating the extent to which Rwandan youth in the western part of the country between the ages of eighteen and twenty-two years participate in reconciliation processes and what, according to them, are the factors enabling or hindering reconciliation policies and practices. Respondents of the study included youth identified through their membership of a number of civil society organizations (CSOs) and participation in government initiatives in the field of peacebuilding (mainly at the secondary school level), and those that do not take part in any club or association focusing on peacebuilding. Most of these clubs work towards fighting against genocide ideology and promoting unity and reconciliation through debates, dialogues, peer education on reconciliation as well as organization and participation in outreach activities. Respondents in this study were not yet enrolled in the national Itorero program as this program targets pre-university students, among others. The study was implemented in collaboration with Community Based Sociotherapy (CBS), a Rwandan non-governmental organization (NGO) that promotes interpersonal healing and grassroots reconciliation processes.
Topic:
Genocide, Youth, and Reconciliation
Political Geography:
Africa and Rwanda

25. Legal Frameworks for Specialized Chambers: Comparative Studies for the Tunisian Specialized Criminal Chambers

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In some contexts, the global community has resorted to international tribunals to prosecute the most serious past crimes, such as war crimes, crimes against of humanity, and genocide. While these international efforts contributed significantly to international justice, they were resource draining and located outside the countries in which the crimes took place. To overcome these issues, the so-called hybrid court was developed that combines domestic and international law and personnel. Tunisia has adopted a purely domestic hybrid court.
Topic:
Genocide, Transitional Justice, International Crime, and Humanitarian Crisis
Political Geography:
Africa and Tunisia

26. Implementing the Responsibility to Protect: Domestic Processes and Foreign Assistance

Author:
Cecilia Jacob
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Australian National University Department of International Relations
Abstract:
On 28–29 October 2016, the Department of International Relations at The Australian National University, along with the Asia Pacific Centre for the Responsibility to Protect at the University of Queensland, and with support from the Australian Department of Foreign Affairs and Trade, hosted the conference Implementing the Responsibility to Protect: Domestic Processes and Foreign Assistance. The conference was attended by academics, including leading experts in the field, and members and representatives of a wide range of government agencies, the diplomatic community, international organisations, and civil society organisations. Two distinguished keynotes were delivered by the Honorable Gareth Evans, ANU Chancellor and co-chair of the International Commission on Intervention and State Sovereignty (ICISS), and Ivan Šimonović, Special Adviser on the Responsibility to Protect to the UN Secretary-General (SASG). The purpose of the conference was to bring together policymakers, practitioners, and scholars working on areas related to the implementation of the Responsibility to Protect (R2P), primarily in the areas of state-level responsibility to prevent mass atrocities and protect civilian populations (what we call Pillar One of the R2P), and international assistance to states to fulfil this responsibility (Pillar Two). Recognising that the principle of R2P has gained significant traction within the international community since it was first introduced in the 2001 report The Responsibility to Protect, the conference sought to transcend longstanding debates over acceptance and legitimacy of R2P as a norm. Rather, it sought to clarify what the implementation of R2P entails for the policy and practitioner community, and to push forward new lines of academic inquiry and research that could support the implementation agenda. At its heart, R2P implementation is about strengthening the capacity of states to prevent atrocities from occurring in the first place. Prevention requires enhancing the resilience of societies that face the risk of atrocities through improved access to security, justice, and the rule of law. Effective mass atrocity prevention requires going local – understanding the dynamics of mass atrocities in their specific historical and social contexts; and going international – ensuring that international actors effectively align their priorities, strategies, and resourcing on atrocity prevention in ways that support local and national needs. This is an ambitious agenda, and experts from a range of fields were invited to address the practical implications of implementing R2P across numerous sites. The central themes included atrocity prevention, international accountability, human rights, international humanitarian law, justice for legacies of violence, foreign policy, development cooperation, peacekeeping, and civil–military assistance. The conference brought together different communities working on aspects that support the goals of R2P in order to enhance knowledge across thematic divides, and contributed to clarifying the practical implications that commitment to R2P implementation entails for these communities across the spectrum. This report contains the text of the keynote speeches, and condensed summaries of the panel discussions. These can be read together to provide a comprehensive synthesis of the debates occurring across the spectrum, or can be read as stand-alone sections for those with specific interest in a particular aspect of the R2P implementation.
Topic:
Genocide, Human Rights, International Cooperation, and United Nations
Political Geography:
Africa, Middle East, Asia, North Korea, Philippines, Syria, and Congo

27. South Sudan Conflict Drives Massive Population Movement

Author:
Africa Center for Strategic Studies
Publication Date:
10-2017
Content Type:
Working Paper
Institution:
Africa Center for Strategic Studies
Abstract:
Mass atrocities, including unlawful killings, rape, torture, and destruction of property, have caused one in three people in South Sudan to flee their homes.
Topic:
Genocide, Human Rights, United Nations, Refugees, and Displacement
Political Geography:
Africa, Sudan, East Africa, South Sudan, and Central Africa

28. CODE OF CONDUCT AS AN ALTERNATIVE TO REFORMATION OF THE UN SECURITY COUNCIL

Author:
Mehmet Halil Mustafa BEKTAŞ
Publication Date:
06-2017
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
The United Nations Security Council's (SC) intermittent failure to perform its main duty of maintaining international peace and security has led to a longstanding debate about its reform. The ongoing Syrian crisis has resulted in a significant number of casualties, and has cost the international community heavily. The SC has thus become the subject both of severe criticism and of calls to take action. The inertia that results from an insistence on the use of the veto power has stimulated politicians to develop alternative methods. In this regard, some argue that there must be a Code of Conduct for the Council in order to enable it to react in cases of genocide, crimes against humanity and war crimes. Proponents of a Code of Conduct for the SC have naturally directed their attention to the veto power, the main suggestion being that it must be restricted in these extreme circumstances. Three main initiatives have consequently been developed and have received a considerable degree of support from states. Yet their deficiencies, including a specific procedural trigger and a process by which an alternative course of action could be initiated should one or more of the permanent five Council members (P5) refuse to refrain from using their veto power, have largely been overlooked. The current proposal aims to examine these initiatives and make suggestions to remedy these shortcomings. It first outlines previous efforts to reform the Council, then examines the suggested Code of Conduct, and finally proposes a new Code of Conduct and explains why a procedural trigger and a backup procedure must be provided. To the best of the author's knowledge, there is no academic work on the Code of Conduct for the Council; there are only a few comments by politicians. This study will therefore make a contribution to the literature.
Topic:
Genocide, International Cooperation, United Nations, and UN Human Rights Council (HRC)
Political Geography:
Middle East and Syria

29. Transparency and Rule of Law as Key Priorities for Armenia

Author:
Stepan Grigoryan and Hasmik Grigoryan
Publication Date:
03-2017
Content Type:
Working Paper
Institution:
Center for Transatlantic Relations
Abstract:
This paper is part of CTR's Working Paper Series: "Eastern Voices: Europe's East Faces an Unsettled West." With the growing tension between East and West, and with the rejection by Russia of common international rules, the question how the post-Soviet states should construct their foreign relations remains of utmost importance. Armenia, a landlocked country in the South Caucasus, has yet to accomplish its transition from socialism to democracy and market economy. Moreover, efforts along these lines have regressed, and the authorities do little to implement reforms or to establish a healthy system of checks and balances. In recent months the country has been overwhelmed by protests. The authorities neither address domestic problems nor satisfy protestor demands. Instead the Armenian government frequently resorts to disproportionate use of police forces against peaceful protestors. With political prisoners and hundreds of detained civil activists, journalists and politicians, it will be impossible to build an independent and prosperous country. Armenia has a rich history and culture, but at the same time it has experienced dark historical periods. The Armenian Genocide of 1915 and the unresolved Nagorno-Karabakh conflict shape Armenian identity. However, such historical issues have been instrumentalized by the Armenian government. Instead of building the future, Armenian authorities emphasize the past. Policies based on past grievances lead the Armenian government to become more and more dependent on Russia. Armenia needs to tackle corruption, falsified elections, a corrupt judiciary and many other problems -- and Western partners whose efforts are based on democratic values, free and fair elections, and respect towards human rights have a crucial role to play. This chapter offers background on Armenia's relations with various actors, historical matters that shape Armenian identity, and the failure and lack of will to improve the country's current situation. It then discusses the role of the West and its importance for Armenia. We seek to answer why Armenia slowed down its reform efforts, what the West needs to do to improve the situation in Armenia.
Topic:
Civil Society, Corruption, Genocide, International Cooperation, Reform, Political Prisoners, and Conflict
Political Geography:
Russia, Europe, Eastern Europe, Armenia, and European Union

30. Down, but Not Out: The FDLR in the Democratic Republic of the Congo

Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Small Arms Survey
Abstract:
The Forces Démocratiques de Libération du Rwanda (Democratic Forces for the Liberation of Rwanda, FDLR)—including its armed wing, the Forces Combattantes Abacunguzi (Abacunguzi Fighting Forces, FOCA)1—is among the most enduring armed groups in the eastern Democratic Republic of the Congo (DRC). Several members of the group’s top leadership are suspected of involvement in the 1994 Rwandan genocide, making the FDLR’s continued presence in the DRC a recurring point of contention between Kinshasa and Kigali and a source of tensions for the Great Lakes region as a whole (Omaar, 2008, pp. 65– 66, 236–312). Maj. Gen. Sylvestre Mudacumura, the group’s military commander, is wanted by the International Criminal Court for war crimes committed in the DRC itself (ICC, 2012). The group’s presence has also led to the emer- gence of local armed groups that claim to protect communities, further complicating security dynamics in the eastern DRC (Debelle and Florquin, 2015, p. 206).
Topic:
Security, Political Violence, Ethnic Conflict, Genocide, Armed Struggle, and War Crimes
Political Geography:
Democratic Republic of the Congo and Rwanda