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11. Q&A: The International Court of Justice & the Genocide of the Rohingya

Author:
Global Centre for the Responsibility to Protect
Publication Date:
11-2019
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
FACTSHEET | NOVEMBER 2019: Starting in October 2016 and then again in August 2017, Myanmar’s security forces engaged in so-called “clearance operations” against the Rohingya, a distinct Muslim ethnic minority, in Rakhine State, Myanmar. The operations, in particular those that started in August 2017, were characterized by brutal violence and serious human rights violations on a mass scale. Survivors report indiscriminate killings, rape and sexual violence, arbitrary detention, torture, beatings, and forced displacement. Reports have also shown that security forces were systematically planning for such an operation against the Rohingya even before the purported reason for the violence — retaliation for small scale attacks committed by the Arakan Rohingya Salvation Army (ARSA) — occurred. As a result, an estimated 745,000 people — mostly ethnic Rohingya — were forced to flee to Bangladesh. According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar (FFM), the treatment of the Rohingya population during the “clearance operations” amounts to genocide, crimes against humanity, and war crimes, the commission of which evokes specific obligations and responsibility under international law. In its final report, published in September 2019, the FFM concluded that “the State of Myanmar breached its obligation not to commit genocide” and found that Myanmar “continues to harbor genocidal intent” towards the Rohingya. On November 11, 2019, The Republic of The Gambia filed suit against Myanmar in the International Court of Justice (“ICJ”) for violating the Genocide Convention. This momentous lawsuit brings a critical focus to Myanmar’s responsibility as a state for genocide and compliments ongoing investigations into individual accountability. This fact sheet answers fundamental questions about the ICJ case, and seeks to clarify available avenues for justice for the crimes committed against the Rohingya population.
Topic:
Genocide, Human Rights, International Law, United Nations, State Violence, Atrocities, and International Court of Justice (ICJ)
Political Geography:
Asia, Southeast Asia, and Myanmar

12. R2P Monitor, Issue 46, 15 July 2019

Author:
Global Centre for the Responsibility to Protect
Publication Date:
07-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 46 looks at developments in Afghanistan, Democratic Republic of the Congo, Myanmar (Burma), Syria, Yemen, Cameroon, Mali and Burkina Faso, Sudan, Central African Republic, Libya, Nigeria, South Sudan and Venezuela.
Topic:
Genocide, Human Rights, International Law, United Nations, Ethnic Cleansing, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Afghanistan, Sudan, Libya, Yemen, Democratic Republic of the Congo, Syria, Venezuela, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, and Burkina Faso

13. “If Not Now, When?”: The Responsibility to Protect, the Fate of the Rohingya and the Future of Human Rights

Author:
Simon Adams
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
In this occasional paper from the Global Centre for the Responsibility to Protect, Dr. Simon Adams tests the resilience of the international community’s commitment to defending human rights and upholding its Responsibility to Protect populations from genocide, ethnic cleansing, crimes against humanity and war crimes. The paper highlights the failure to respond to patterns of discrimination that eventually led to a genocide in Myanmar (Burma) during 2017. But it also draws attention to other recent situations, such as in the Gambia, when the international community seized the moment to respond in a timely and decisive manner to an emerging threat of devastating conflict. In doing so, Adams emphasizes that even when bodies such as the UN Security Council appear paralyzed and inert, a mobilized international community can still act to prevent atrocities, protect vulnerable populations, and hold the perpetrators accountable.
Topic:
Genocide, Human Rights, International Law, Ethnic Cleansing, International Community, Responsibility to Protect (R2P), UN Security Council, and Atrocities
Political Geography:
Asia, Southeast Asia, and Myanmar

14. Submerged on the Surface: The Not-So-Hidden Jews of Nazi Berlin, 1941-1945

Author:
Richard N. Lutjens Jr.
Publication Date:
01-2019
Content Type:
Book
Institution:
Berghahn Books
Abstract:
Between 1941 and 1945, thousands of German Jews, in fear for their lives, made the choice to flee their impending deportations and live submerged in the shadows of the Nazi capital. Drawing on a wealth of archival evidence and interviews with survivors, this book reconstructs the daily lives of Jews who stayed in Berlin during the war years. Contrary to the received wisdom that “hidden” Jews stayed in attics and cellars and had minimal contact with the outside world, the author reveals a cohort of remarkable individuals who were constantly on the move and actively fought to ensure their own survival.
Topic:
Genocide, World War II, and Anti-Semitism
Political Geography:
Europe, Germany, Berlin, and Central Europe

15. To Be Genocide or Not to Be Genocide, That Is the Question

Author:
Phedra Neel
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Between the 7th and 10th February 2019, Human Rights Watch organized, in cooperation with De Balie, the seventh edition of the Human Rights Weekend. This year’s topic was “Where do I stand” and invited the attendees to think about how they are (in)directly involved in human rights violations and how they can contribute in ending these violations. The program consisted of masterclasses, lectures, and documentaries. One of these documentaries showed the incredible story of Nadia Murad. Nadia is a Yazidi girl, who witnessed her community being murdered by ISIS. She was later captured herself and forced to become a sex slave. Today she is known as the most recent Nobel peace Prize winner for her global advocacy campaign to fight for the rights of the Yazidi. This campaign consists of addressing heads of states and governments, asking for help for the survivors and for the attack on her people to be considered as genocide. Whereas some states have indeed passed legislation that recognizes the events as genocide, others refuse to do so until the United Nations (UN) itself officially uses the word genocide to describe the atrocities.
Topic:
Genocide, Human Rights, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Global Focus

16. The Rwandan Genocide Revisited

Author:
Robert E. Gribbin
Publication Date:
05-2019
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
Twenty-five years ago, in April 1994, the havoc of genocide visited Rwanda. In a three-month-long paroxysm of violence, almost a million souls died. The country was devastated, the remaining population cowed, government non-existent, and the economy in shambles. Twenty-five years ago, in April 1994, the havoc of genocide visited Rwanda. In a three-month-long paroxysm of violence, almost a million souls died. The country was devastated, the remaining population cowed, government non-existent, and the economy in shambles.
Topic:
Security, Diplomacy, Ethnic Conflict, Genocide, Politics, History, Peacekeeping, Refugees, and Memory
Political Geography:
Uganda, Africa, Tanzania, North America, Rwanda, Burundi, Central African Republic, United States of America, and Zaire

17. Creating Opportunities for Rohingya Refugees and Hosts Through Forest Landscape Restoration

Author:
Heather Tallis, Cindy Huang, John Herbohn, Karen Holl, Sharif A. Mukul, and Kam Morshed
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
Rohingya refugees began arriving in Bangladesh in August 2017, fleeing atrocities deemed serious crimes under international law by United Nations investigators. Over 740,000 new refugees have settled in two camps in Cox’s Bazar district of Chittagong: Kutupalong-Bulukhali and Naypara-Leda. The number of Rohingya in Cox’s Bazar now stands at around one million, comprising about 30 percent of the population. Kutupalong-Bulukhali is now the largest refugee camp in the world. The influx of Rohingya into Cox’s Bazar has exacerbated deforestation, underdevelopment, and climate vulnerability. Combined, these factors create an urgent need for new strategies and resources to address the increasing stress placed on the environment, and the consequences of this stress for refugee and host communities.
Topic:
Environment, Genocide, Refugees, Humanitarian Crisis, and Forest
Political Geography:
Myanmar

18. What is a War Crime?

Author:
Oona A. Hathaway, Paul Strauch, Beatrice Walton, and Zoe Weinberg
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Here we propose a potential solution to the challenges surrounding the definition of war crimes we identified. In an effort to eliminate the confusion that results from over-reliance on prior criminalization, we distill the concept of war crimes down to its essence. A better approach, we argue here and in a forthcoming article, is to define war crimes as consisting of two key elements: (1) a breach of international humanitarian law (IHL) that is (2) “serious.” This approach is not only more jurisprudentially grounded, but it also has several benefits in the context of ongoing prosecutions of Syrian war criminals in Europe.
Topic:
Genocide, International Law, War Crimes, and Humanitarian Crisis
Political Geography:
Global Focus

19. Armenians Abroad: Between Diaspora and the State

Author:
Antranik Dakessian
Publication Date:
12-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The Armenian diaspora is considered typical in that it has both the characteristics of a classical dispersion and a modern diaspora; however, due to current economic hardships in the Republic of Armenia (RA), it is facing a new set of complications and is reshaping itself into a post-modern plural unit. Using a historical overview, this paper offers an empirical analysis of the diverse Armenian diaspora and investigates its post-genocide transformation. The paper explores the formal and informal institutions in host countries intended to preserve the Armenian identity and the networks used to maintain links with Soviet Armenia. In addition, the paper assesses the shift in the very nature of the diaspora resulting from the post-Soviet independence of Armenia. Focusing on the question of identity and integration, the paper explores various factors, such as language, intermarriage, political participation, the ambivalence between the adopted country and the ancestral fatherland, as well as the conflict between an unattractive weak state and a challenging everyday life. The paper demonstrates how this duality is manifested, and the various responses of Armenians when confronted with civil war in host communities or when the host country is at war with a neighbouring country, looking in particular at the role of elites in both host countries and the homeland. The paper will concentrate on two distinct time periods: the Soviet era (1920 to 199) and globalization era (1991 to 2015).
Topic:
Genocide, Diaspora, Immigration, and Assimilation
Political Geography:
Asia and Armenia

20. The UN Security Council’s Implementation of the Responsibility to Protect: A Review of Past Interventions and Recommendations for Improvement

Author:
Jared Genser
Publication Date:
09-2018
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
When it was adopted by the United Nations (UN) system in 2005, the doctrine of the Responsibility to Protect (R2P) was meant to provide an implementation mechanism for the international community to respond to governments that were perpetrating the mass atrocity crimes of genocide, war crimes, ethnic cleansing, and crimes against humanity. As R2P is now in its second decade of existence, it is important to evaluate past implementation of R2P by the UN Security Council — the UN body charged with taking collective action when all other preventive efforts have failed and atrocity crimes are being committed or are imminent. This briefing paper is a summary of a more detailed law review article recently published in the University of Chicago Journal of International Law.
Topic:
Genocide, War Crimes, Ethnic Cleansing, International Community, Responsibility to Protect (R2P), UN Security Council, and Crimes Against Humanity
Political Geography:
United Nations and Global Focus