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The Trial of Hissène Habré: An Advance for World Law

In Africa, Being a World Citizen, Current Events, Human Rights, International Justice, The Search for Peace, United Nations, World Law on July 21, 2015 at 10:18 PM

THE TRIAL OF HISSENE HABRE: AN ADVANCE FOR WORLD LAW

By René Wadlow

The trial of Hissène Habré, former President of Chad, which opened in Dakar, Senegal, on July 20 marks a new step in transnational law. Habré will be tried in a specially constituted court created by a treaty between the African Union and the State of Senegal. The court is modeled on the statutes of the International Criminal Court (ICC) in The Hague, but is to deal only with cases concerning Africans. It will be important to see if this new African court will be a one-time-only institution for the Habré trial or if it becomes a permanent institution of world law.

The ICC has been criticized by some African leaders as being overly focused on Africans. Arrests and arrest warrants have been issued nearly exclusively against Africans. What is not mentioned in polite company is that Africa is the only continent where state institutions have totally disappeared − Somalia, Central African Republic, Libya − or where vast areas of a State are not under the control of the central government: the eastern provinces of the Democratic Republic of Congo and the northeast areas of Nigeria. In addition, there are a good number of African States where the court system is so under the control of the executive that “fair trials” are out of question.

Thus, if African leaders were reluctant to see the ICC take on new African cases, an “all-African” alternative had to be created, even if it is nearly identical in the types of crimes to be judged and the way that evidence is to be collected. The judges in Dakar have already interviewed some 2,500 persons even before the trial started.

Not even the fact that the current Prosecutor of the International Criminal Court, Fatou Bensouda, is an African from the nation of Guinea could silence critics who claim the ICC has been exerting racial bias against suspects from Africa, a most unfounded charge in our view. (C) EPA/Evert-Jan Daniels dpa +++(c) dpa - Bildfunk+++

Not even the fact that the current Prosecutor of the International Criminal Court, Fatou Bensouda, is an African from the nation of Guinea could silence critics who claim the ICC has been exerting racial bias against suspects from Africa, a most unfounded charge in our view. (C) EPA/Evert-Jan Daniels – Bildfunk

Hissène Habré is a sad case of an intelligent man blinded by his quest for power and then for holding on to power. In this process he destroyed large segments of ethnic groups who he suspected of wanting power. He also had killed any potential rivals, even those who had shown no opposition. It is estimated that in his eight years of power, some 40,000 persons were killed, some in the military campaigns against ethnic groups, but also some 4,000 political figures killed individually in jails and specially-designed torture centers. In his very last days in power in December 1990 as the forces of his general Idriss Deby were moving to overthrow him, he had 300 persons in jail killed as a last gesture. His very last gesture, however, was to take all the money available in the Treasury with him into exile in Senegal − money which has allowed him to live well and to contribute to the well-being of Senegal political figures.

Hissène Habré is a member of the Toubou ethnic group in northwest Chad. His intelligence was spotted by his teachers, and at the independence of Chad in 1960, he was given an important post in the provincial government at age 18. After two years of administration, he was selected to go to France for university studies in law and development economics. He even has a diploma in federalist-decentralization studies so he had heard that there were ways of dealing with ethnic minorities other than by killing them. Habré spent 9 years in France, mostly in Paris, and has the equivalent of two Master’s degrees in law and development economics.

In 1972, he returned to Chad but rather than becoming a government administrator, he joined a militia band that was trying to overthrow the government, and then formed his own militia group. Habré had been deeply influenced by the example and writings of Che Guevara and saw power as coming from “the people in arms.” He first attracted international, especially French, attention by taking hostages. The most famous − if unclear case − is taking the woman anthropologist Francoise Claustre hostage from 1974 to 1977. What makes the case unclear is the Habré and Claustre knew each other as students in Paris, and there was some talk that the hostage-taking was a common plot to get money out of the French government. The French military officer sent to negotiate her release was murdered by Chadian government officials, but Claustre was later released.

By 1978, Habré and his troops had become powerful enough that he was named Prime Minister. He learned his way around the administration, and in June 1982 he overthrew the then President Goukouni Oueddei and became President. Habré abolished the post of Prime Minister. He wanted no rivals in sight and until December 1990 ruled ruthlessly, helped by his security organization: Direction de la Documentation et de la Sécurité (DDS). His repressive administrative practices were hardly secret. However his administration was heavily supported by the governments of France and the USA as a barrier to the expansion of Colonel Qaddafi’s Libya.

Hissène Habré, then President of Chad, and his French counterpart François Mitterrand on the doorsteps of the Elysée Palace in Paris, France on October 21, 1989. Habré was then an African head of state to be reckoned with; now he is a suspect in the dock of an African court and can no longer run away from his deeds. (C) Reuters/Christine Grunnet

Hissène Habré, then President of Chad, and his French counterpart François Mitterrand on the doorsteps of the Elysée Palace in Paris, France on October 21, 1989. Habré was then an African head of state to be reckoned with; now he is a suspect in the dock of an African court and can no longer run away from his crimes. (C) Reuters/Christine Grunnet

In 1973, Libya had claimed and then occupied a strip of land − the Aouzou Strip − on the frontier between the two countries. Modern State frontiers have little meaning to the nomadic tribes of that area and so the frontier had never been well delimited. However, there were fears that Qaddafi wanted to annex all of Chad and had expansionist aims toward other countries of the Sahel. Hissène Habré was willing to give a free hand to the CIA which tried to create an anti-Qaddafi military force from captured Libyan soldiers. Since the CIA was willing to pay large amounts of money to set up its training bases, Habré had no objection, especially as the area occupied by Libya was of no particular interest or support to him.

French aid was more obvious. French soldiers were sent as a mark of support to the Habré government. Each time that French troops were sent as security for the capital, Habré could use his own troops to attack minority areas. Thus in 1983 French troops, code named “Manta” landed, and in 1984 Habré’s troops attacked the Sara population of south Chad. In 1986, French troops, code named “Epervier” (“Sharp-shinned Hawk”) landed and in 1987 Habré’s troops attacked the Hadjarai tribes: this pattern went on through 1989 and the attacks against the Zaghawa tribes.

By 1990, one of Habré’s generals, Idriss Deby said “Why not me?” and with some troops loyal to him overthrew Hissène Habré. Deby is still President of Chad and his troops are the most battle-tested of African armies, now busy helping the Nigerian army against Boko Haram on the Nigeria-Chad frontier.

In 1987 Ronald Reagan, the then President of the United States, welcomed Hissène Habré to the White House during his official visit to America. (C) Jean-Louis Atlan/Sygma/Corbis

In 1987 Ronald Reagan, the then President of the United States, welcomed Hissène Habré to the White House during his official visit to America. As President of Chad, Habré was never short of powerful allies in the West; today, as he faces punishment for his deeds, he stands alone. (C) Jean-Louis Atlan/Sygma/Corbis

Since 1990, Habré has lived a comfortable but low profile life in Dakar. However victims and their families from his years of rule have cried for revenge (or at least justice). Different avenues to bring Habré to trial have been used, especially a universal jurisdiction law of Belgium which held that persons accused of certain crimes such as crimes against humanity, war crimes, systematic torture, no matter where committed, could be tried in a Belgium court. This Belgium law has since been revoked but not before evidence on the Chadian case could be presented to the Belgium judges.

Evidence concerning torture and the killing of potential opponents by Habré’s security forces was carefully collected under the driving energy of Reed Brody of Human Rights Watch. Habré had friends among the governing elite of then President of Senegal, Abdoulaye Wade, who protected him so that no trial could take place. However, with the new President of Senegal, Macky Sall, in power and the accumulation of evidence, the African Union and Senegal felt that something had to be done. Thus, the creation of the special court and the start of the trial. It is unlikely that new facts will be uncovered. Habré’s government was fairly open in its repression. The degree of active support of France and the USA will probably be pushed under the rug. Yet the trial merits watching closely. There are still other African dictators, some retired, others still in power. What impact will the trial and the court have on the rule of world law?

Prof. René Wadlow is President of the Association of World Citizens.


UN Human Rights Council Reaffirms the Safeguards for Civilians in Times of War

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, International Justice, Middle East & North Africa, The Search for Peace, United Nations, War Crimes, World Law on July 5, 2015 at 7:33 PM

UN HUMAN RIGHTS COUNCIL REAFFIRMS THE SAFEGUARDS FOR CIVILIANS IN TIMES OF WAR

By René Wadlow

“Accountability for breaches of international humanitarian law and for human rights violations, as well as respect for human rights, are not obstacles to peace, but rather the preconditions on which trust and, ultimately, a durable peace can be built.”

– Navanethem Pillay, then UN High Commissioner for Human Rights, 2009.

On July 3, 2015, the concluding day of its summer session, the United Nations (UN) Human Rights Council welcomed the report of the “Gaza Conflict Commission of Inquiry” which indicated that the Israeli military and Palestinian armed groups may have committed war crimes during the Israeli “Operation Protective Edge” campaign. 47 member States of the Human Rights Council voted in favor of the resolution, 5 States abstained: Kenya, Ethiopia, Macedonia, India and Paraguay; the USA was the only Member State to vote against the resolution.

The Gaza Conflict Commission of Inquiry was led by the New York Judge Mary McGowan Davis with Doudou Diène of Senegal, the UN Special Rapporteur on Contemporary Forms of Racism (2002-2008), as the other ranking member. The Commission was to study the legal implications of an earlier UN Fact-Finding Mission on the Gaza Conflict. The Commission was not established to evaluate the results of the Fact-Finding Mission which had largely confirmed the death tolls provided by the Gaza Hamas administration, some 2,250 Palestinians killed of which 1,462 civilians. Rather the Commission had the task of setting out the world law applications of the facts collected earlier.

Judge Mary McGowan Davis (left) and Doudou Diène (right).

Judge Mary McGowan Davis (left) and Doudou Diène (right).

Thus the focus of the Commission was the “Geneva Convention relative to the Protection of Civilian Persons in Time of War” of August 12, 1949. The Geneva Conventions, for which the International Committee of the Red Cross is responsible, grew out of deliberations started in 1947 in the shadow of the abuses of the Second World War. By 1949, the negotiations among governments led to the 1949 Red Cross Conventions. The emphasis was on the principles of protection and not on the punishment of wrong doers. The International Committee of the Red Cross is not an international court. It bases its protection efforts on the belief that all sides in a conflict have an interest to follow the laws of war as its soldiers or civilians could meet the same fate. If there is to be any action on trials and punishment, such trials should be done in national courts.

From 1974 to 1977, as a result of the war in Vietnam, there were subsequent laws of war negotiated to cover “civil wars” − wars within a State where the parties involved may not be States. (1)

Today, however, there is the International Criminal Court which can investigate as well as having the mandate to hold court trials and pass judgment. Investigations and trials can also be carried out at the national level. The Israeli argument has always been that the Israeli Defense Force (IDF) can and does carry out investigations and that there is a functioning national court system. The Hamas-led administration of Gaza makes the same argument.

Unfortunately, both Israel and Hamas have dismal records of investigating their own forces. I am unaware of any case where a Hamas fighter was punished for deliberately shooting a rocket into a civilian area of Israel − on the contrary, some Hamas leaders repeatedly praise such acts. While Israel has carried out investigations into alleged violations by its forces, the emphasis has been on the unauthorized actions of individual soldiers, not on policy makers. Yet the Gaza Conflict Commission stressed that “military tactics are reflective of a broader policy approved at least tacitly by decision-makers at the highest levels of the Israeli government.”

A demonstrator raises the Palestinian flag during a July 2014 rally in Paris against the Israeli attack on Gaza. (C) AWC/Bernard J. Henry

A demonstrator raises the Palestinian flag during a July 2014 rally in Paris against the Israeli attack on Gaza. (C) AWC/Bernard J. Henry

Nongovernmental organizations (NGOs) active in UN human rights bodies, including the Association of World Citizens, have long stressed the importance of fact-finding carried out by the UN, intergovernmental bodies such as the Organization for Security and Cooperation in Europe, and NGOs themselves. (2)

There are now two follow-up steps set out by the Human Rights Council resolution:

1) A request is made that the UN High Commissioner for Human Rights (and thus the Secretariat) prepare a report on implementation measures;

2) A recommendation that the UN General Assembly take up the matter “until it is satisfied that appropriate action is taken to implement its recommendations.”

The Israeli government has replied angrily to the resolution, the Israeli Ambassador to the UN in Geneva calling it an “anti-Israeli manifesto” and Prime Minister Benjamin Netanyahu saying “the UN Human Rights Council cares little about the facts and less still about human rights.”

Rather, I would say that the resolution is an important procedural advancement in the respect of world law in times of conflict. In the past, there have been UN-authorized fact-finding missions with the reports going directly to discussion in the UN Commission on Human Rights (as it was then) and then to the UN General Assembly. With the Gaza Conflict Commission of Inquiry we have a useful intermediary step. First there is a fact-finding effort as close in time to the events as possible to interview victims, to see the physical damage and to interview the military and other combatants. Such fact-finding is done, as it were “in the heat of the action”.

In late July 2014 Gazan doctors saved the life of little Shaima, an unborn child, by extracting her from the womb of her mother who was killed in an Israeli airstrike. Two days later, the Israeli Air Force destroyed the sole existing power plant in Gaza, thus stopping Shaima’s life support system and eventually killing the baby too.

In late July 2014 Gazan doctors saved the life of little Shaima, an unborn child, by extracting her from the womb of her mother who was killed in an Israeli airstrike. Two days later, the Israeli Air Force destroyed the sole existing power plant in Gaza, thus stopping Shaima’s life support system and eventually killing the baby too.

Then there is a calm, legal review of the fact-finding reports. In the past when I have been present at debates on fact-finding reports in the Commission on Human Rights, the debates were anything except calm and legal. They were political exchanges which reflected the evaluations of the original conflict. In this case of the Gaza Commission, we have an orderly presentation of facts, avenues to strengthen protection, and suggestions on the role of the International Criminal Court. There is no guarantee that the discussions in the next UN General Assembly will be calm and focused on legal procedures, but at least there will have been this useful intermediary step.

As things now stand, world law is not created by the decisions of a world parliament. World law is basically the “common law of mankind”’ based on small advances. Usually the first step is to set out the basic values in widely agreed-upon texts such as the Red Cross Geneva Conventions. This is followed by a recognition that there are repeated violations of these values in the practice of war, the torture of individuals, massive aggression against minorities. After repeated violations, there is the very slow realization that such violations are not acceptable and if nothing is done, the values themselves will be permanently undermined.

We are now at this last stage as concerns Gaza. The repeated bombings of the Gaza Strip do not bring peace, security or socioeconomic development. In fact, each bombing campaign creates a more difficult situation. It is not a function of world law to say what socioeconomic-political measures should be taken, though as NGO representatives we can and have made suggestions. The function of world law is to set out clearly the value basis of the law, to set out fair procedures to deal with possible violations and ultimately to see if there can be sanctions or punishment for wrong doers.

I believe that we still have many miles to go on the path for the respect of world law, but I believe that the direction is now set.

Prof. René Wadlow is President of the Association of World Citizens.

Notes

1)      See Hilaire McCoubrey and Nigel White, International Law and Armed Conflict (1992)

2)      See B. G. Ramcharan (ed), International Law and Fact-Finding in the Field of Human Rights (1983)

For NGO Fact-finding, see Hans Tholen and B. Verstappen, Fact-Finding Practice of Non-Governmental Organizations (1986)

Le 20 juin, Journée Mondiale des Réfugiés

In Being a World Citizen, Current Events, Human Rights, International Justice, Solidarity on June 19, 2015 at 10:07 PM

LE 20 JUIN, JOURNEE MONDIALE DES REFUGIES

Par René Wadlow

Dans un rapport en date du 18 juin 2015 du Haut Commissariat des Nations Unies pour les Réfugiés (HCNUR), il est écrit qu’il existe aujourd’hui dans le monde quelques soixante millions de personnes déplacées par la guerre, la violence et la persécution. Un réfugié est forcé de le devenir, il ne l’est pas à la naissance. Ce sont les régimes politiques répressifs et les conflits qui fabriquent des réfugiés.

Le rapport de l’HCNUR cite la Syrie, l’Afghanistan et la Somalie comme des situations de première importance, ainsi que les réfugiés du Myanmar. Cependant que les événements qui déclenchent des fuites massives de réfugiés sont spécifiques à chaque contexte particulier où ils se produisent, certaines caractéristiques communes à tous n’en demeurent pas moins apparentes. La cause la plus immédiate de la fuite des réfugiés est dans la majorité des cas une menace imminente sur leur vie, leur liberté et leur sécurité. L’expulsion délibérée d’un groupe ethnique peut également être en soi l’objet du conflit qui les amène à fuir.

Des déplacés syriens marchent dans le camp d'Atme, le long de la frontière turque dans la province d'Idib, au nord-ouest de la Syrie, le 19 mars 2013. (C) BULENT KILIC/AFP/Getty Images

Des déplacés syriens marchant dans le camp d’Atme, le long de la frontière turque dans la province d’Idib, au nord-ouest de la Syrie, le 19 mars 2013. (C) BULENT KILIC/AFP/Getty Images

Le nombre ahurissant des personnes déplacées de chez elles représente un défi majeur pour la société mondiale émergente. Les Nations Unies et leurs Etats membres ne sont pas en mesure de faire face de manière appropriée à ce flux sans cesse croissant et se tournent donc de plus en plus vers les organisations non-gouvernementales en demandant leur implication pleine et entière.

En tant que Citoyens du Monde, nous savons que nous devons travailler sur les causes premières des déplacements forcés, ainsi que sur l’intégration des réfugiés dans les sociétés qui les accueillent. Personne ne peut faire comme s’il s’agissait là d’une tâche facile. Celle-ci appelle la bonne volonté et l’engagement sur tous les plans de toutes et tous.

Le Professeur René Wadlow est Président et Représentant en Chef auprès de l’Office des Nations Unies à Genève de l’Association of World Citizens.

June 20: World Refugee Day

In Being a World Citizen, Current Events, Human Rights, International Justice, Solidarity on June 19, 2015 at 9:51 PM

JUNE 20: WORLD REFUGEE DAY

By René Wadlow

In a June 18, 2015 report of the office of the United Nations High Commissioner for Refugees (UNHCR), it is stated that there are some 60 million people who have been displaced by war, violence, and persecution.  Refugees are made, not born. They are made by repressive political regimes and conflicts.

The UNHCR report cites Syria, Afghanistan and Somalia as crucial situations as well as the refugees from Myanmar.  While the events that trigger refugee outflows are specific to each particular setting, certain common characteristics are apparent.  The immediate cause of flight is in most cases an imminent threat to life, liberty and security.  The deliberate expulsion of an ethnic group may be the object of the conflict itself.

Syrian internally displaced people walk in the Atme camp, along the Turkish border in the northwestern Syrian province of Idlib, on March 19, 2013. The conflict in Syria between rebel forces and pro-government troops has killed at least 70,000 people, and forced more than one million Syrians to seek refuge abroad. (C) BULENT KILIC/AFP/Getty Images

Syrian internally displaced people walk in the Atme camp, along the Turkish border in the northwestern Syrian province of Idlib, on March 19, 2013. (C) BULENT KILIC/AFP/Getty Images

The staggering number of people displaced from their homes represents a major challenge to the emerging world society. The United Nations and its member governments are not able to deal adequately with this ever-increasing flow and so are turning more and more to non-governmental organizations to participate fully.

As citizens of the world, we know that we must work on the root causes of displacement as well as the integration of refugees into their new society.  No-one can pretend that these efforts are easy.  They require the good will and the comprehensive engagement of us all.

Prof. René Wadlow is President and Chief Representative to the United Nations Office at Geneva of the Association of World Citizens.

Omar al-Bashir: As a Thief in the Night

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Human Rights, International Justice, Middle East & North Africa, The Search for Peace, United Nations, War Crimes, World Law on June 19, 2015 at 9:39 PM

OMAR AL-BASHIR: AS A THIEF IN THE NIGHT

By René Wadlow

In what was almost a “Pinochet moment” in South Africa, a South African nongovernmental organization (NGO), Southern African Litigation Centre, requested a South African court to serve two International Criminal Court (ICC) arrest warrants against President Omar al-Bashir of Sudan. The South African Supreme Court issued an order that al-Bashir not leave South Africa until the Supreme Court had been able to decide on the validity of the request. Al-Bashir had been in Johannesburg, South Africa, to participate in the yearly Summit of the African Union (AU). Al-Bashir left by his governmental jet on June 13 before the Supreme Court was able to meet.

The ICC arrest warrants of 2009 issued by a panel of three judges contains seven charges including crimes against humanity, murder, extermination, forcible transfer, torture, rape, attacks against civilian populations and pillaging. The through examinations of the evidence presented by the then Chief Prosecutor of the ICC confirmed the statements which NGOs, including the Association of World Citizens (AWC), had been making to the United Nations (UN) human rights bodies in Geneva since early 2004.

The charges against al-Bashir concern the conflict in Darfur which began in 2003 and not the 1982-2005 civil war between north and south Sudan which led to the creation of a separate State of South Sudan in 2011. The 1982-2005 civil war was the second half of a civil war which had started in 1954 on the eve of the independence of Sudan which was granted in 1956. The 1954-1972 war was stopped when a ceasefire largely organized by the World Council of Churches came into force. Unfortunately, the ten years of “non-war” were not used to deal with the basic issues of the structure of the State and the need for regional autonomy in light of the cultural-ethnic differences within the State. Thus in 1982 the civil war started again during which there were many violations of the laws of war (now usually called humanitarian law). The north-south civil war violations are not part of the ICC charges which concern only the Darfur conflict.

It was Baltasar Garzon, a Spanish judge, who in 1998 urged the United Kingdom to arrest Chile’s former military ruler Augusto Pinochet while he was on British soil, hoping to make him accountable for his deeds as leader of the country’s brutal military dictatorship from 1973 to 1989. Although the British government eventually allowed Pinochet to return to Chile without being prosecuted, the case did set a precedent in international law against enduring impunity for human rights violators. (C) AFP

Darfur (the home of the Fur) was always marginal to the politics of modern Sudan. In the 19th century, Darfur, about the size of France, was an independent Sultanate loosely related to the Ottoman Empire. Darfur was on a major trade route from West Africa to Egypt and so populations from what is now northern Nigeria, Niger, Mali and Chad joined the older ethnic groups of the area: the Fur, Massalits, Zaghawa, and the Birgit.

France and England left Darfur as a buffer zone between the French colonial holdings − what is now Chad − and the Anglo-Egyptian controlled Sudan. French-English rivalry in West Africa had nearly led earlier in the 1880s to a war. Thus a desert buffer area was of more use than the low agricultural and livestock production would provide to either colonial power. It was only in 1916 during the First World War when French-English colonial rivalry in Africa paled in front of the common German enemy that the English annexed Darfur to the Sudan without asking anyone in Darfur or in the Sudan if such a ‘marriage’ was desirable.

Darfur continued its existence as an environmentally fragile area of Sudan. It was marginal in economics but largely self-sufficient. Once Sudan was granted its independence in 1956, Darfur became politically as well as economically marginal. Darfur’s people have received less education, less health care, less development assistance and fewer government posts than any other region.

In 2000, Darfur’s political leadership and intellectuals met to draw up a ‘Black Book’ which detailed the region’s systematic under-representation in the national government since independence. The ‘Black Book’ marked the start of a rapprochement between the Islamists and the secular radicals of Darfur which took form three years later with the rise of the more secular Sudan Liberation Army (SLA) and the Islamist-leaning Justice and Equality Movement (JEM). However, at the level of the central government, the ‘Black Book’ led to no steps to increase the political and economic position of Darfur. This lack of reaction convinced some in Darfur that only violent action would bring about recognition and compromise as the war with the South had done.

Members of the Sudanese Liberation Army in Susuwa, north Darfur. (C) Candace Feit/Reuters

Members of the Sudanese Liberation Army in Susuwa, north Darfur. (C) Candace Feit/Reuters

The two Darfur groups, SLA and JEM, in 2002 started to structure themselves and to gather weapons and men. Their idea was to strike in a spectacular way which they hoped would lead the government to take notice and to start wealth-sharing negotiations. Not having read the ‘Little Red Book’ of Mao, they did not envisage a long drawn-out conflict of the countryside against the towns of Darfur. By February 2003, the two groups were prepared to act, and in one night attacked and destroyed many of Sudan’s military planes based at El Fasher. The Sudan military lost in one night more planes than it has lost in 20 years of war against the South.

However, the central government’s ‘security elite’ − battle hardened from the fight against the South but knowing that the regular army was over-extended and tired of fighting − decided to use against Darfur techniques that had been used with some success against the South: to arm and to give free reign to militias and other irregular forces.

Thus the government armed and directed existing popular defense forces and tribal militias. Especially the government also started pulling together a fluid and shadowy group, now called the Janjaweed (“the evildoers on horseback”). To the extent that the make-up of the Janjaweed is known, it seems to be a collection of bandits, of Chadians who had used Darfur as a safe haven for the long-lasting insurgencies in Chad and the remains of Libya’s Islamic Forces which had once been under the control of the Libyan government but left wandering when Libyan policy changed.

A member of the murderous, death-sowing Janjaweed militia of Sudan. (C) Sudan Tribune

A member of the murderous, death-sowing Janjaweed militia of Sudan. (C) Sudan Tribune

The Sudanese central government gave these groups guns, uniforms, equipment and indications where to attack by first bombing villages but no regular pay. Thus the Janjaweed militias had to pay themselves by looting houses, crops, livestock, by taking slaves and raping women and girls. Village after village was destroyed on the pretext that some of the villagers supported either the SLA or the JEM; crops were burned, water wells filled with sand. As many people as possible fled to Chad or to areas thought safer in Darfur. The current situation in 2015 in Darfur remains complex and will be described in a later article.

The crimes which the ICC investigated and issued the arrest warrants concern the earlier 2004-2005 period. Although the SLA and the JEM have now divided into numerous armed groups, the type of violations of the laws of war continue and are about the same. There is a certain irony that the crimes cited by the ICC were less the work of the Sudanese Army which is more or less under the command of al-Bashir than of the Janjaweed. However, al-Bashir as President is responsible for all activities in Sudan.

President al-Bashir of Sudan may have escaped arrest and prosecution in South Africa, but now he is warned: Whatever country he may visit in the near future, he is no longer guaranteed to freely fly back to Sudan afterward and avoid answering for his crimes back home.

President al-Bashir of Sudan may have escaped arrest and prosecution in South Africa, but now he is warned: Whatever country he may visit in the near future, he is no longer guaranteed to freely fly back to Sudan and avoid answering for his crimes back home.

For the moment, the ICC has dropped active involvement in the al-Bashir case due to the impossibility of an arrest and a trial. Al-Bashir proclaimed that the recent dropping of the case was the same as being declared “innocent” but it is not. He had no doubt checked with the South African government what its policy would be in practice if he went there for the AU Summit. He must have been told that all the police in South Africa have a blind eye and would not see him coming or going. The government did not expect an NGO action or the Supreme Court order. But the South African police all do have a blind eye, and as a thief in the night, al-Bashir returned to Sudan.

Prof. René Wadlow is President and Chief Representative to the United Nations Office at Geneva of the Association of World Citizens.

Navroz: The Recurrent Renewal

In Being a World Citizen, Conflict Resolution, Cultural Bridges, Current Events, Human Rights, Middle East & North Africa on March 21, 2015 at 10:21 PM

NAVROZ: THE RECURRENT RENEWAL

By René Wadlow

“May the soul flourish;

May youth be as the new-grown grain.”

Navroz, usually celebrated on March 21 in Iran and Central Asia, is the “New Day”, the end of the old year with its hardships and deceptions and the start of the New Year to be filled with hope and optimism.

It is a day for spiritual renewal and physical rejuvenation and is usually a time for reciting devotional poetry, presenting food with symbolic meaning to guests, and visits among family and close friends, which coincides with the Spring Equinox, is related to myths focused on the sun and thus symbolizes the connections of humans to nature. In some of the myths, Navroz is considered as symbolizing the first day of creation − thus a time when all can be newly created. It is a day between times − old time has died; new time will start the day after Navroz. In this one-day period without time, all is possible. The seeds are planted for a new birth. Among some who celebrate Navroz, real seeds are planted, usually in seven pots with symbolic meanings of virtues. Their growth is an indication of how these virtues will manifest themselves in the coming year. Among those influenced by Islam and Christianity, Navroz is the day when God will raise the dead for the final judgment and the start of eternal life.

Navroz has an ancient Persian origin, related to Abura Mazda, the high god who was symbolized by the sun and manifested by fire. Navroz is also related to the opposite of fire, that is, water. However water can also be considered not as opposite but as complementary, and thus fire-water can become symbols of harmony. Fire – as light, as an agent of purification, as a manifestation of the basic energy of life − played a large role in Zoroastrian thought and in the teachings of Zarathoustra. Thus we find fire as a central symbol and incorporated into rituals among the Parsis in India, originally of Iranian origin.

From what is today Iran, Zoroastrian beliefs and ritual spread along the “Silk Road” through Central Asia to China, and in the other direction to the Arab world. As much of this area later came under the influence of Islam, elements of Navroz were given Islamic meanings to the extent that some today consider Navroz an “Islamic holiday”. Navroz is also celebrated among the Alawites in Syria, the Baha’i, the Yezidis, and the Kurds, each group adapting Navroz to its spiritual framework.

In Turkey, for many years, Navroz was officially banned as being too related to the Kurds and thus to Kurdish demands for autonomy or an independent Kurdistan. I recall a number of years ago being invited to participate in a non-violent Kurdish protest in Turkey on Navroz to protest the ban. I declined as the idea of going from Geneva to be put in a Turkish jail was not on top of my list of priorities. Fortunately, for the last few years, the ban has been lifted, and Kurds in Turkey can now celebrate openly Navroz.

The celebration of Navroz in the Cental Asian Republics has had an uneven history during the Soviet period and since − ranging from a ban because it was too Islamic, to being promoted as of Zoroastrian origin and thus anti-Islamic, to being “nationalized” as a holiday of national unity. As armed conflicts in Syria, Iraq, “Kurdistan” and Afghanistan and strong tensions in Iran and Central Asia continue, we must hope that 2015 Navroz will purify the old and plant the seeds of a new harmonious regional society.

Prof. René Wadlow is President and Chief Representative to the United Nations Office at Geneva of the Association of World Citizens.

UN Fact-finding Report: The Yazidis of Iraq

In Children's Rights, Conflict Resolution, Current Events, Democracy, Human Rights, International Justice, Middle East & North Africa, Religious Freedom, Solidarity on March 21, 2015 at 9:17 PM

UN FACT-FINDING REPORT: THE YAZIDIS OF IRAQ

By René Wadlow

On Thursday, March 19, 2015, the United Nations (UN) investigative team on human rights violations in Iraq led by Ms. Suki Nagra raised accusations of genocide and war crimes against the Islamic State (ISIS) citing evidence that ISIS sought to “destroy the Yazidi as a group” − the definition of genocide in the 1948 Genocide Convention which has become a core element of World Law. The fact-finding group of members of the Secretariat of the Office of the UN High Commissioner for Human Rights had been established by a Special Session of the Human Rights Council in September 2014. (See article ‘World Law Advanced by UN Special Session of the Human Rights Council on Human Rights Violations in Iraq’)

The report to the current session of the Human Rights Council included testimony from Yazidi men who had survived massacres by shielding themselves behind the bodies of men who had already been killed. “It was quite clear that attacks against them were not just spontaneous or happened out of the blue; they were clearly orchestrated. Witnesses consistently reported that orders were coming through, by telephone in many cases, about what to do with them. There was a clear chain of command”.  Ms. Nagra reported to the Human Rights Council. (On the Yazidis as a religious community, see the article ‘Iraq: Yazidis’ Genocide?’)

The report also detailed evidence that Yazidi women and girls were abducted and sold into slavery as spoils of war in violation of some of the oldest standards of world law against slavery developed by the League of Nations and continued by the UN. There were also repeated cases of rape. The use of rape as a weapon of war has become of increasing concern to both the UN human rights bodies and to NGOs.

As the Association of World Citizens’ (AWC) written Statement to the Iraq Special Session stressed, “The Association of World Citizens believes that world law as developed by the United Nations applies not only to the governments of Member States but also to individuals and non-governmental organizations. The ISIS has not been recognized as a State and is not a member of the UN. Nevertheless, the Association of World Citizens is convinced that the terms of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief adopted by the General Assembly on 25 November 1981 applies to the ISIS.”

Citizens of the World stress the need for world law and certain common values among all the States and peoples of the world. We are one humanity with a shared destiny. The challenge before us requires inclusive ethical values. Such values must be based on a sense of common responsibility for both present and future generations.

Prof. René Wadlow is President and Chief Representative to the United Nations Office at Geneva of the Association of World Citizens.


March 8, 2015: International Women’s Day – Balance of Yin and Yang

In Being a World Citizen, Current Events, Democracy, Human Development, Human Rights, International Justice, Social Rights, Solidarity on March 7, 2015 at 9:48 AM

MARCH 8, 2015: INTERNATIONAL WOMEN’S DAY – BALANCE OF YIN AND YANG

By René Wadlow

It is only when women start to organize in large numbers that women become a political force, and begin to move towards the possibility of a truly democratic society in which every human being can be brave, responsible, thinking and diligent in the struggle to live at once freely and unselfishly.

March 8 is the International Day of Women and thus a time to analyze the specific role of women in local, national and world society. International Women’s Day was first proposed by Clara Zetlin (1857-1933) at the Second International Conference of Socialist Women in Copenhagen in 1911. Later, she served as a socialist-communist member of the German Parliament during the Weimar Republic which existed from 1920 to 1933 when Hitler came to power.

Zetkin had lived some years in Paris and was active in women’s movements there who were building on the 1889 International Congress for Feminine Works and Institutions held in Paris under the leadership of Ana de Walska. De Walska was part of the circle of young Russian and Polish intellectuals in Paris around Gerard Encausse (1865-1916), a spiritual writer who wrote under the pen name of Papus and edited a journal L’Initiation (1). Papus stressed the need for world peace and was particularly active on the human rights of Armenians.

Clara Zetkin (1857-1933), the initiator of International Women's Day.

Clara Zetkin (1857-1933), the initiator of International Women’s Day.

This turn-of-the-century spiritual milieu was influenced by Indian and Chinese thought. Translations of fundamental Asian philosophical texts were increasingly known in an educated public. ‘Feminine’ and ‘masculine’ were related to the Chinese terms of Yin and Yang − not opposed but in a harmonic balance. Men and women alike have the Yin and Yang psychological characteristics. ‘Feminine’ characteristics or values include intuitive, nurturing, caring, sensitive and relational traits. ‘Masculine’ traits are rational, assertive and analytical.

As individual persons, men and women alike can achieve a state of wholeness, of balance between the Yin and Yang. However, in practice, ‘masculine’ refers to men and ‘feminine’ to women. Thus, some feminists identify the male psyche as the prime cause of the subordination of women around the world. Men are seen as having nearly a genetic coding that leads them to ‘seize’ power, to institutionalize that power through patriarchal societal structures and to buttress that power with masculine values and culture.

Thus Clara Zetkin saw the need to call attention in a forceful way to the role that women as women play in society and the many obstacles which men place in their way. She made her proposal in 1911 and today March 8 is widely observed.

Women, individually and in groups, have played a critical role in the struggle for justice and peace in all societies. However, when real negotiations start to pull a community out from a cycle of violence, women are often relegated to the sidelines. There is a need to organize so that women are at the negotiating table to present their ingenuity, patience and determination.

The emerging world society has been slow to address the problem of injustice to women, because it has lacked a consensus on sex-based inequality as an urgent issue of political justice. The outrages suffered every day by millions of women − domestic violence, child sexual abuse, child marriage, inequality before the law, poverty and lack of dignity − are not uniformly regarded as ignominious and seen as human rights abuses.

Solidarity and organization are crucial elements to create sustainable ways of living in which all categories of people are encouraged to contribute. March 8, 2015 is a reminder of the positive steps taken but also the distance yet to be covered.

Prof. René Wadlow is President and Chief Representative to the United Nations Office at Geneva of the Association of World Citizens.

(1) See the biography by Marie-Sophie André and Christophe Beaufils, Papus.


The Cultural Heritage of Iraq and Syria: “Destroyed by Human Ignorance – Rebuilt by Human Hope”

In Being a World Citizen, Cultural Bridges, Current Events, Human Rights, International Justice, Middle East & North Africa, Religious Freedom, The Search for Peace on March 3, 2015 at 9:25 PM

THE CULTURAL HERITAGE OF IRAQ AND SYRIA: DESTROYED BY HUMAN IGNORANCE – REBUILT BY HUMAN HOPE”

By René Wadlow

On Friday, February 27, 2015, the United Nations (UN) Security Council condemned “the deliberate destruction of irreplaceable religious and cultural artifacts housed in the Mosul Museum and burning of thousands of books and rare manuscripts from the Mosul Library” and having burned a few days earlier thousands of books from the Mosul, Iraq, University Library. The Mosul Museum which was not yet open to the public had a large number of statues from the pre-Islamic Mesopotamian civilizations as well as statues from the Greek Hellenistic period. The spokesman for the Islamic State (ISIS) faction which carried out the destruction − filmed and posted on the internet by them − maintained that the statues represented gods which had been worshipped while only the true god should receive worship.

This approach to pre-Islamic faiths and their material culture is the same as had led to the destruction of the large Buddha statues in Afghanistan − monuments that attested to the rich culture along the Silk Road.

There have been iconoclastic movements in the past, especially among Muslims and early Protestants holding that the spiritual world cannot (and thus should not) be represented in forms. All forms lead to confusing the specific form with the spiritual formless energy behind it. The iconoclastic reasoning can be defended, but not the destruction of objects which represented other philosophies, cultures and levels of understanding. (1)

As if to drive home to the least philosophical in the area, the ISIS also attacked Assyrian Christian villages in the area; villages were emptied, persons taken as hostages and younger women forced into slavery. The Assyrian Christians are among the oldest of the Christian communities; some speak Aramaic, the language spoken at the time of Jesus.

The shameless destruction by ISIS members of historical treasures Iraq will never be able to get back.

The shameless destruction by ISIS members of historical treasures Iraq will never be able to get back.

There are world laws against slavery going back to the abolitionist movements of the 1800s and made universal by conventions of the League of Nations and the UN. These conventions are rarely cited except in discussions of the current trafficking of persons as a “modern form of slavery”. Now ISIS has given us examples of slavery in its old forms, nearly to the point of caricature. We need to dust off these conventions and see that they are applied.

Syria and Iraq are home to some of the world’s first cities, a complex and unique meeting of states, empires and faiths. The protection of works of art and cultural heritage is a newer aspect of world law in which UNESCO is playing a leading role. Until the filming and posting of the destruction in Mosul, the looting of museums in Apamea, Aleppo and Raqqa as well as numerous archaeological sites had been known to specialists but had not gained wide public attention. Most of the looted objects were not destroyed but sold on a parallel international art market to fill the ISIS coffers. There is a need to develop global awareness and to campaign against this illicit trade in looted Syrian and Iraqi artifacts which first pass through the neighboring countries of Lebanon, Turkey and Jordan before ending in the hands of dealers and small auction houses who also profit from the theft.

The protection of cultural heritage owes much to the vision and energy of the Russian artist Nicholas Roerich (1874-1947). Roerich’s desire to make known the artistic achievements of the past through archaeology, coupled with the need to preserve the landmarks of the past from destruction, led to his work for the Banner of Peace to preserve art and architecture in time of war. Roerich had seen the destruction brought by the First World War and the civil war which followed the 1917 Russian Revolution. He worked with French international lawyers to draft a treaty by which museums, churches and buildings of value would be preserved in time of war through the use of a symbol − three red circles representing past, present and future − a practice inspired by the red cross to protect medical personnel in times of conflict.

In the areas it has conquered, ISIS has established formal slavery, including for girls as sex slaves.

In the areas it has conquered, ISIS has established formal slavery, including for girls as sex slaves. (C) CNN

Roerich mobilized artists and intellectuals in the 1920s for the establishment of this Banner of Peace. Henry A. Wallace, the United States Secretary of Agriculture and later Vice-President, was an admirer of Roerich and helped to have an official treaty introducing the Banner of Peace − the Roerich Peace Pact − signed at the White House on April 15, 1935 by 21 States in a Pan-American Union ceremony. At the signing, Henry Wallace on behalf of the USA said “At no time has such an ideal been more needed. It is high time for the idealists who make the reality of tomorrow, to rally around such a symbol of international cultural unity. It is time that we appeal to that appreciation of beauty, science, education which runs across all national boundaries to strengthen all that we hold dear in our particular governments and customs. Its acceptance signifies the approach of a time when those who truly love their own nation will appreciate in addition the unique contribution of other nations and also do reverence to that common spiritual enterprise which draws together in one fellowship all artists, scientists, educators and truly religious of whatever faith.”

As Nicholas Roerich said in a presentation of his Pact “The world is striving toward peace in many ways and everyone realizes in his heart that this constructive work is a true prophesy of the New Era. We deplore the loss of the libraries of Louvain and Oviedo and the irreplaceable beauty of the Cathedral of Reims. We remember the beautiful treasures of private collections which were lost during world calamities. But we do not want to inscribe on these deeds any words of hatred. Let us simply say: Destroyed by human ignorance − rebuilt by human hope.”

After the Second World War, UNESCO has continued these efforts, and there have been additional conventions on the protection of cultural and educational bodies in times of conflict, in particular the Hague Convention of May 1954, though no universal symbol as proposed by Nicholas Roerich has been developed.

In 2001 Afghanistan's Taleban militia, an "early version" of ISIS, blew up the magnificent Buddha statues of Bamiyan, thinking this would help them strengthen their implacable grip on the country. This most unwise move only hastened their downfall.

In 2001 Afghanistan’s Taleban militia, an “early version” of ISIS, blew up the magnificent Buddha statues of Bamiyan, thinking this would help them strengthen their implacable grip on the country. This most unwise move only hastened their downfall. (C) RAWA

As too often, governments and people react after events rather than affirm from a deeper level of consciousness. Now, we have seen mindless but deliberate destruction of both art and people. Let us not inscribe on these deeds any words of hatred, but let us work unitedly and creatively to establish a just peace.

Prof. René Wadlow is President and Chief Representative to the United Nations Office at Geneva of the Association of World Citizens.

(1) A good overview of iconoclastic movements in the non-Muslim world see: Alain Besancon, L’Image interdite. Une histoire intellectuelle de l’iconoclasme (Paris: Gallimard, 1994, 722pp.)


Celebrating Social Justice: The People’s Revolution is On the March

In Being a World Citizen, Democracy, Human Development, Human Rights, Middle East & North Africa, Social Rights, Solidarity on February 22, 2015 at 4:45 PM

CELEBRATING SOCIAL JUSTICE: THE PEOPLE’S REVOLUTION IS ON THE MARCH

By René Wadlow

Social Justice

The United Nations (UN) General Assembly, on the initiative of Nurbch Jeenbrev, the Ambassador of Kyrgyzstan to the UN in New York, has proclaimed February as the “World Day of Social Justice”.

The World Day of Social Justice gives us an opportunity to take stock of how we can work together – the whole year round – at the local, national and global level on policy and action to achieve the goals set out in the resolution of “solidarity, harmony and equality within and among states.”

As the resolution states, “Social development and social justice are indispensable for the achievement and maintenance of peace and security within and among nations, and that in turn, social development and social justice cannot be attained in the absence of peace and security or in the absence of respect for all human rights and fundamental freedoms.”

The Preamble to the UN Charter makes social justice one of the chief aims of the organization using the more common expression of that time “social progress”. The Preamble calls for efforts to “promote social progress and better standards of life in larger freedom.”

The United States (U. S.) representatives who worked on the draft of the UN Charter were strongly influenced in their views of social progress by the “New Deal” legislation of President Roosevelt and its philosophy as it had been set out by his Vice-President Henry A. Wallace in 1942 when he set out the U. S. war aims. Wallace’s speech was the first time that the war aims of a country were not stated in terms of “national interest” and limited to the demands that had produced the start of the war.

Wallace, who had first been the Secretary of Agriculture and who had to deal with the severe depression facing U. S. agriculture, was proposing a world-wide New Deal based on the cooperative action of all of humanity. Wallace said “The people’s revolution is on the march. When the freedom-loving people march — when the farmers have an opportunity to buy land at reasonable prices and to see the produce of their land through their own organizations, when workers have the opportunity to form unions and bargain through them collectively, and when the children of all the people have an opportunity to attend schools which teach them truths of the real world in which they live — when these opportunities are open to everyone, then the world moves straight ahead…The people are on the march toward ever fuller freedom, toward manifesting here on earth the dignity that is in every human soul.”

Henry A. Wallace (left), Vice-President of the United States from 1941 to 1945. After the third and final reelection of Franklin Delano Roosevelt (right) to the presidency in 1944, Wallace was succeeded by Harry S. Truman, who himself succeeded Roosevelt as President of the United States after Roosevelt died on April 12, 1945.

Henry A. Wallace (left), Vice-President of the United States from 1941 to 1945. After the third and final reelection of Franklin Delano Roosevelt (right) to the presidency in 1944, Wallace was succeeded by Harry S. Truman, who himself succeeded Roosevelt as President of the United States after Roosevelt died on April 12, 1945.

The People’s Revolution found its expression in the cry of the Tunisian uprising — Work-Liberty-Dignity. Today in the demands of “Work-Liberty-Dignity” we hear the demands of farmers to own land under sure conditions, to receive a fair price for their crops as well as the right to organize to protect their interests. We hear the crises of industrial and urban workers to be able to organize and to have their work appreciated for its full value. We hear the demands of students and the young for an education that opens minds and prepares for meaningful work.

A Tunisian demonstrator in Paris, France, as the Tunisian community there celebrated the first anniversary of the revolution on January 14, 2012. (C) Bernard J. Henry/AWC

A Tunisian demonstrator in Paris, France as Tunisians living there were celebrating the first anniversary of their revolution on January 14, 2012. (C) Bernard J. Henry/AWC

The people’s revolution is on the march. While the forces of the status quo are still strong and often heavily armed, the energy has shifted from the rulers to the people. The concept of Social Justice has articulated and focused deep demands for liberty, jobs, and dignity. The people’s revolution is not that of an elite willing to replace the existing ruling elite. The people’s revolution is a wave of all moving together, with deep currents below the surface. The tide moves with only a few visible waves but the collective demands for social justice and dignity is what makes the difference between the people’s revolution and a military coup. This is the true meaning of the World Day of Social Justice.

“For the wretched of the earth,
There is a flame that never dies,
Even the darkest night will end
And the sun will rise.”

Les Miserables, “Do You Hear the People Sing – Epilogue”.

In 2011, as the Tunisian and Egyptian revolutions were underway, the AWC adopted this song as its unofficial anthem.

* * *

Prof. René Wadlow is President and Chief Representative to the United Nations in Geneva of the Association of World Citizens.