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The Genocide Convention: An Unused but not Forgotten Standard of World Law

In Being a World Citizen, Human Rights, Humanitarian Law, International Justice, NGOs, Solidarity, The Search for Peace, Track II, United Nations, War Crimes, World Law on December 9, 2024 at 7:00 AM

By René Wadlow

Genocide is the most extreme consequence of racial discrimination and ethnic hatred. Genocide has as its aim the destruction, wholly or in part, of a national, ethnic, racial, or religious group as such. The term was proposed by the legal scholar Raphael Lemkin, drawing on the Greek genos (people or tribe) and the Latin –cide (to kill) (1). The policies and war crimes of the Nazi German government were foremost on the minds of those who drafted the Genocide Convention, but the policy was not limited to the Nazis (2).

The Genocide Convention is a landmark in the efforts to develop a system of universally accepted standards which promote an equitable world order for all members of the human family to live in dignity. Four articles are at the heart of this Convention and are here quoted in full to understand the process of implementation proposed by the Association of World Citizens (AWC), especially of the need for an improved early warning system.

Article I

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

Unlike most humanitarian international law which sets out standards but does not establish punishment, Article III sets out that the following acts shall be punishable:

(a) Genocide;

(b) Conspiracy to commit genocide;

(c) Direct and public incitement to commit genocide;

(d) Attempt to commit genocide;

(e) Complicity in genocide

Article IV

Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

Article VIII

Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

Raphael Lemkin
(C) Center for Jewish History, New York City

Numerous reports have reached the Secretariat of the United Nations (UN) of actual, or potential, situations of genocide: mass killings; cases of slavery and slavery-like practices, in many instances with a strong racial, ethnic, and religious connotation — with children as the main victims, in the sense of article II (b) and (c). Despite factual evidence of these genocides and mass killings as in Sudan, the former Yugoslavia, Rwanda, Burundi, the Democratic Republic of Congo, Sierra Leone and in other places, no Contracting Party to the Genocide Convention has called for any action under article VIII of the Convention.

As Mr. Nicodème Ruhashyankiko of the Sub-Commission on Prevention of Discrimination and Protection of Minorities wrote in his study of proposed mechanisms for the study of information on genocide and genocidal practices “A number of allegations of genocide have been made since the adoption of the 1948 Convention. In the absence of a prompt investigation of these allegations by an impartial body, it has not been possible to determine whether they were well-founded. Either they have given rise to sterile controversy or, because of the political circumstances, nothing further has been heard about them.”

Yet the need for speedy preventive measures has been repeatedly underlined by UN Officials. On December 8, 1998, in his address at UNESCO, UN Secretary-General Kofi Annan said “Many thought, no doubt, that the horrors of the Second World War — the camps, the cruelty, the exterminations, the Holocaust — could not happen again. And yet they have, in Cambodia, in Bosnia and Herzegovina, in Rwanda. Our time — this decade even — has shown us that man’s capacity for evil knows no limits. Genocide — the destruction of an entire people on the basis of ethnic or national origins — is now a word of our time, too, a stark and haunting reminder of why our vigilance must be eternal.”

In her address Translating words into action to the UN General Assembly on December 10, 1998, the then High Commissioner for Human Rights, Ms. Mary Robinson, declared “The international community’s record in responding to, let alone preventing, gross human rights abuses does not give grounds for encouragement. Genocide is the most flagrant abuse of human rights imaginable. Genocide was vivid in the minds of those who framed the Universal Declaration, working as they did in the aftermath of the Second World War. The slogan then was ‘never again’. Yet genocide and mass killing have happened again — and have happened before the eyes of us all — in Rwanda, Cambodia, the former Yugoslavia and other parts of the globe.”

In a telegram sent from Paris in December 1948, Raphael Lemkin asked Ms. William Dick Sporberg, a member of the United States Committee for a United Nations (UN) Genocide Convention, to organize a cable campaign to persuade the United States Mission to the UN to support the adoption of the convention. Until the very last minute, no efforts were to be spared if the Genocide Convention was to come to existence and make the hopes of a whole generation traumatized by wide-scale extermination come true. (C) Google Cultural Institute/Center for Jewish History

We need to heed the early warning signs of genocide. Officially directed massacres of civilians of whatever numbers cannot be tolerated, for the organizers of genocide must not believe that more widespread killing will be ignored. Yet killing is not the only warning sign. The Convention drafters, recalling the radio addresses of Hitler and the constant flow of words and images, set out as punishable acts “direct and public incitement to commit genocide”. The Genocide Convention, in its provisions concerning public incitement, sets the limits of political discourse. It is well documented that public incitement — whether by Governments or certain non-governmental actors, including political movements — to discriminate against, to separate forcibly, to deport or physically eliminate large categories of the population of a given State, or the population of a State in its entirety, just because they belong to certain racial, ethnic, or religious groups, sooner or later leads to war. It is also evident that, at the present time, in a globalized world, even local conflicts have a direct impact on international peace and security in general. Therefore, the Genocide Convention is also a constant reminder of the need to moderate political discourse, especially constant and repeated accusations against a religious, ethnic, and social category of persons. Had this been done in Rwanda, with regard to the Radio Mille Collines, perhaps that premeditated and announced genocide could have been avoided or mitigated.

For the UN to be effective in the prevention of genocide, there needs to be an authoritative body which can investigate and monitor a situation well in advance of the outbreak of violence. As has been noted, any Party to the Genocide Convention (and most States are Parties) can bring evidence to the UN Security Council, but none has. In the light of repeated failures and due to pressure from nongovernmental organizations, the Secretary-General has named an individual advisor on genocide to the UN Secretariat. However, he is one advisor among many, and there is no public access to the information that he may receive.

Therefore, a relevant existing body must be strengthened to be able to deal with the first signs of tensions, especially “direct and public incitement to commit genocide.” The Committee for the Elimination of Racial Discrimination (CERD) created to monitor the 1965 International Convention on the Elimination of All Forms of Racial Discrimination would be the appropriate body to strengthen, especially by increasing its resources and the number of UN Secretariat members which service the CERD. Through its urgent procedure mechanisms, CERD has the possibility of taking early-warning measures aimed at preventing existing strife from escalating into conflicts, and to respond to problems requiring immediate attention. A stronger CERD more able to investigate fully situations should mark the world’s commitment to the high standards of world law set out in the Genocide Convention.

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Notes

1) Raphael Lemkin, Axis Rule in Occupied Europe (Washington: Carnegie Endowment for World Peace, 1944)

2) For a good overview, see: Samantha Power, A Problem from Hell: America and the Age of Genocide (New York: Basic Books, 2002)

3) E/CN.4/Sub.2/1778/416, Para 61

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

Rape as a Weapon of War in Sudan: Counter Measures Needed

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Modern slavery, NGOs, Refugees, Solidarity, Sudan, The Search for Peace, Track II, United Nations, War Crimes, World Law on November 25, 2024 at 8:00 AM

By René Wadlow

Sudan’s armed conflict which began on April 15, 2023 is between two former allies. On one side is General Abdel Fattah Al Burham of the Sudanese Armed Forces; on the other side is General Mohamed Hamdan Dagulo, known by his battle name of Hemedhi of the Rapid Support Forces. The conflict, which has spread to 14 of the 18 provinces of Sudan, has killed and wounded tens of thousands of civilians, displaced nearly 8 million people, and forced over two million to flee to neighboring countries. The agriculture of the country is disorganized, and many people face acute hunger.

There has been an appalling range of human rights and international humanitarian law violations including indiscriminate airstrikes and shelling against civilians, hospitals, and vital water services. The warring parties and their respective militia allies have made rape a weapon of war and have organized markets where women are sold for sexual slavery.

(C) AfricaNews

Rape harms not only the woman raped but also the whole family system. Often, the husband repudiates his wife. The whole family may scorn her. In a country where “the family” is a wide circle of people, the repudiated woman has few people to whom to turn for support. As was done by the “Islamic State” (IS, or Da’esh) in Iraq and Syria, sexual slave markets have been created where women are bought or exchanged.

So far, efforts by the United Nations (UN) and regional governments for a ceasefire and negotiations have not led to constructive action. Thus, the conflictual situation requires close cooperation among UN agencies, humanitarian and peace Nongovernmental Organizations.

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

World Citizens Appeal to Uphold International Humanitarian Law

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Nonviolence, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on October 11, 2024 at 6:00 AM

By René Wadlow

The armed conflicts in the Middle East: Israel-Palestine, Lebanon, Syria, Iraq, Iran, Yemen have led to increased violations of International Humanitarian Law. Medical facilities and medical personnel have been attacked; civilians have been targeted, educational facilities destroyed. Therefore, the Association of World Citizens (AWC) makes an urgent call for the respect of International Humanitarian Law. This must be a joint effort of governments and Nongovernmental Organizations.

Regular military personnel of all countries are theoretically informed of the rules of the Geneva Conventions of August 12, 1949, and the Protocol Additional adopted in 1977.

When the 1949 Geneva Conventions were drafted and adopted, it was possible to spell out in considerable detail rules regarding prisoners of war and the protection of civilians, in particular Common Article 3 (so called because it is found in all four Conventions) provides that “each Party to the conflict shall be bound to apply, as a minimum, the following provisions: Persons taking no active part in the hostilities … shall in all circumstances be treated humanely without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria.”

The importance of Common Article 3 should not be underestimated. It sets out in straightforward terms important protections that all parties to a conflict must respect. In order to meet the need for additional protection, international humanitarian law has evolved to cover not only international armed conflict but also internal armed conflict. Today, international human rights standards are also considered part of international humanitarian law, thus providing additional protection for vulnerable population groups such as women, children, and minorities.

As situations of internal violence and strife proliferate, abuses committed by non-State actors, such as armed militias, are increasing concerns. Fundamental standards of international humanitarian law are intended to ensure the effective protection of human beings in all situations. The standards are clear. (1)

There are two major weaknesses in the effectiveness of international humanitarian law. The first is that many people do not know that it exists and that they are bound by its norms. Thus, there is an important role for greater promotional activities, the dissemination of information through general education, specific training of the military, outreach to armed militias, and cooperation with a wide range of nongovernmental organizations.

The second weakness is that violations of international humanitarian law are rarely punished. Governments too often tolerate these violations. Few soldiers are tried, or courtmartialed, for the violations of international humanitarian law. This weakness is even more true of nongovernmental militias and armed groups.

In fact, most violations of international humanitarian law are not actions of individual soldiers or militia members carried away by a sudden rush of anger, fear, a desire of revenge or a sudden sexual urge to rape a woman. Soldiers and militia members violating the norms of international humanitarian law are acting on orders of their commanders.

Thus, the only sold response is an act of conscience to refuse an order of a military or militia higher up and refuse to torture, to bomb a medical facility, to shoot a prisoner, to harm a child, and to rape a woman. Conscience, that inner voice which discerns what is right from wrong and encourages right action is the value on which we can build the defense of international humanitarian law. The defense of conscience to refuse unjust orders is a large task but a crucial action for moving toward a law-based world society.

Notes

(1) For useful guides to international humanitarian law see:

D. Schindler and J. Toman, The Laws of Armed Conflicts (Martinus Nihjoff Publishers, 1988)

H. McCoubrey and N.D. White, International Law and Armed Conflicts (Dartmouth Publishing Co., 1992)

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

One Year of Israeli-Hamas Armed Conflict

In Being a World Citizen, Conflict Resolution, Current Events, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Nonviolence, Solidarity, The Search for Peace, Track II, United Nations, War Crimes, World Law on October 6, 2024 at 5:30 PM

By René Wadlow

October 7-8, 2024 will mark one year of armed conflict between Israeli forces and the Hamas militia – an armed conflict which grinds on and has spread.

On October 8, 2023, in light of the October 7 Hamas attack and the start of the Israeli response in the Gaza Strip, the Association of World Citizens called for five immediate steps that it hoped would create a climate of dialogue and the start of negotiations in good faith. The proposals were posted on the World Citizens’ website, sent to the Israeli Missions to the United Nations (UN) and to groups that might have avenues of communication with Hamas.

“As Citizens of the World, we call for a ceasefire in the Israeli-Palestinian armed conflict;

For the release of all hostages held by Hamas and other Palestinian groups;

For the release of all Palestinian prisoners held in Israeli jails, often under administrative detention without trial;

For preventing the extension of the conflict to the Lebanon frontier through negotiations with Hezbollah;

For preventing an increase in violence on the West Bank among Israeli settlers and Palestinian villages;

For the start of negotiations in good faith for a political solution that ensures freedom and the collective safety of Israelis and Palestinians.”

(C) Ted Eytan

A year later, the armed violence has increased: in Gaza with a high number of persons killed, wounded and displaced, on the West Bank, in Lebanon, has expanded to Iran and brought in elements of the conflict in Yemen.

There have been relevant resolutions of the UN General Assembly, of the International Court of Justice, and appeals for a ceasefire and negotiations from many Nongovernmental Organizations (NGOs).

Due to the spiraling growth of destruction, as NGOs we must continue and increase our efforts.

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

Strong Measures Needed to Prevent Escalation of Israeli-Hezbollah Conflict

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, Middle East & North Africa, NGOs, Solidarity, The Search for Peace, Track II, United Nations, World Law on September 26, 2024 at 7:05 AM

By René Wadlow

Antonio Guterres, the United Nations (UN) Secretary General, said in his opening remarks to the UN General Assembly on September 24, 2024, “Gaza is a nonstop nightmare that threatens to take the entire region with it. Look no further than Lebanon. We should all be alarmed by the escalation. Lebanon is on the brink. The people of Lebanon – the people of Israel – and the people of the world – cannot afford Lebanon to become another Gaza.”

Lebanon may have already moved over the brink. Israeli strikes on Lebanon on September 23 killed at least 356 people and injured more than 1,200 others. Hezbollah deputy chief Naim Qassem has just said, “We have entered a new phase – an open-ended battle of reckoning.” Until now, Hezbollah has designed its attacks to stay below the threshold of a full-scale conflagration, but these deadly exchanges of fire carry a high risk of miscalculation, spiraling violence upward.

A rapid escalation in recent days, starting with the attack on Hezbollah members via booby-trapped pagers and walkie-talkies followed by Israeli bombardments, has raised the specter of a new phase in the conflict with a possible ground invasion by Israeli troops as in 1982 and 2006. There are fears that Iran could be drawn into the fighting. The new Iranian President, Masoud Pezeshkian, speaking at the UN General Assembly also on September 24, demanded a global response to the Lebanon situation, “not to allow Lebanon to become another Gaza.”

In 2007, young people from Beirut posing with a Hezbollah flag on the ruins of the Khiam prison formerly run by the pro-Israeli South Lebanon Army (C) Paul Keller

Hezbollah is supported by Iran but not fully under Iranian control. Hassan Nasrallah, the Secretary-General of Hezbollah, has in recent days made widely watched television talks attacking Israeli politics and indicating continuing Hezbollah support for the Palestinians in Gaza, saying that a ceasefire in Gaza was necessary before any negotiations with Hezbollah could take place. Since negotiations for a ceasefire in Gaza seem unlikely for the moment, Hezbollah’s current campaign is likely to continue. In addition, recent tensions in the West Bank between Israeli settlers, Israeli soldiers and Palestinians in settled villages have added more heat to the general tensions in the area.

The issue is what can be done now to prevent escalation and reduce tensions. A first step is to stress respect for international humanitarian law – often cited by the Association of World Citizens (AWC). Hospitals, medical facilities, educational institutions have been destroyed in the exchanges of fire. There is a need for resolute action on the violations of humanitarian law. Regular military personnel of all countries are theoretically informed of the Geneva Conventions of August 12, 1949 and the Protocol Additional adopted in 1977 in light of the experiences of the war in Vietnam. Today, international human rights standards are also considered part of international humanitarian law, thus providing additional protection for vulnerable population groups such as women, children and minorities.

A possible second phase is the “good offices” function of the UN Secretary-General. It is certain that the UN Secretariat is concerned, but their ability for action may be very limited.

UN Secretary-General Antonio Guterres

It is not clear what governments at the UN can do. The Security Council has been blocked on many issues by the veto. The resolutions of the General Assembly are “recommendations” with little follow up in practice.

A 21-day ceasefire proposal has just been set out at the UN by France and the USA but rejected by Israel.

There may be some role for non-official mediation carried out by groups representing religious, academic, or charitable organizations. One advantage of non-official mediation is that all concerned are aware that such mediation is genuinely impartial seeking only a reduction of suffering caused by the conflicts. The disadvantage is that non-official mediators lack the resources, political, economic or military on which governmental mediators can draw.

It is certain that strong measures are needed to prevent escalation. Vision and creativity are important factors. The role of nongovernmental organizations in consultative status with the UN such as the AWC may be able to play a role in these dangerous times.

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

United Nations Calls for Action on Sudan Crisis

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Solidarity, Sudan, The Search for Peace, United Nations, War Crimes, World Law on September 9, 2024 at 6:00 AM

By René Wadlow

(C) OHCHR

The United Nations (UN) Independent International Fact-Finding Mission for the Sudan chaired by Mohamed Chande Othman of Tanzania said, in its first Report of September 6, 2024, that Sudan’s warring parties, the Sudanese Armed Forces and the Rapid Support Forces as well as their respective militia allies, have committed an appalling range of human rights and international humanitarian law violations including indiscriminate airstrikes and shelling against civilians, schools, hospitals, and vital water services.

The current armed conflict which began on April 15, 2023 between two former allies is led, on the one side, by General Abdel Fattah Al Burham of the Sudanese Armed Forces and, on the other, by General Mohamed Hamdan Dagulo, known by his battle name of Hemedhi, of the Rapid Support Forces. The conflict, which has spread to 14 of the 18 provinces of Sudan, has killed and wounded tens of thousands of civilians, displaced nearly 8 million people and forced two million to flee to neighboring countries and beyond.

Mohamed Chamde Othman (C) U.S. Government

As the Fact-Finding Mission Report highlights, the warring parties targeted civilians through rape, sexual slavery and other forms of sexual violence, arbitrary arrest as well as torture and ill-treatment. Assaults have been carried out against ethnic minorities, in particular the Masalit in West Darfur.

The Fact-Finding Mission, mandated by the Human Rights Council in October 2023, carried out a wide range of discussions and interviews. As the Expert Member of the Mission Mona Rishmawi said, “These findings should serve as a wakeup call to the international community to take decisive action to support survivors, their families and affected communities and hold perpetrators accountable. A comprehensive approach to transitional justice is vital for addressing the root causes of the conflict and ensuring accountability.”

Mona Rishmawi

Efforts for a ceasefire and the start of negotiations by the Personal Envoy for the Sudan of the UN Secretary-General have led to no advances. Thus, wider action is needed. Mohamed Othman has said, “The international community must support the Sudanese aspiration for an inclusive and representative civilian government that respects the rights of all citizens, fostering a path toward equality, justice and sustainable peace in Sudan.” In light of the many difficulties, he has called for sending UN peacekeeping forces to Sudan. “Given the failure of the warring parties to spare civilians, it is imperative that an independent and impartial force with a mandate to safeguard civilians be deployed without delay. The protection of the civilian population is paramount, and all parties must comply with their obligations under international law and immediately and unconditionally cease all attacks on the civilian population.”

As the deployment of an independent and impartial force depends on the UN Security Council the focus for action shifts from the Human Rights Council to the Security Council. We appeal for vitally needed action now.

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

World Humanitarian Day: A Call for Creative Action

In Being a World Citizen, Conflict Resolution, Human Rights, Humanitarian Law, Middle East & North Africa, NGOs, Solidarity, The Search for Peace, Track II, United Nations, World Law on August 19, 2024 at 7:55 AM

By René Wadlow

The United Nations (UN) General Assembly has designated August 19 each year as “World Humanitarian Day” to pay tribute to aid workers in humanitarian service in difficult and often dangerous conditions. August 19 was designated in memory of the August 19, 2003 bombing of the UN office building in Baghdad, Iraq, in which Sergio Vieira de Mello, UN High Commissioner for Human Rights, and at the time Special Representative of the UN Secretary General, was killed along with 21 UN staff members. Over 200 UN employees were injured. The exact circumstances of the attack are not known, and why UN security around the building was not tighter is still not clear. A truck with explosives was able to drive next to the building and then blew itself up.

Sergio Vieira de Mello had spent his UN career in humanitarian efforts, often with the Office of the High Commissioner for Refugees and at other times as Special Representative of the UN Secretary General. As a Nongovernmental Organization (NGO) representative to the UN in Geneva and active on human rights issues, I knew him during his short 2002-2003 tenure as High Commissioner for Human Rights. Many of us had high hopes that his dynamism, relative youth (he was 54), and wide experience in conflict resolution efforts would provide new possibilities for human rights efforts. His death along with the death of others who had been Geneva-based was a stark reminder of the risks that exist for all engaged in humanitarian and conflict resolution work.

Sergio Vieira de Mello (C) UN Photo/Patrick Bertshmann

The laws of war, now more often called humanitarian law, have two wings. One wing, dealing with the treatment of medical personnel in armed conflicts, the military wounded, prisoners of war and the protection of civilians is set out in the Geneva (Red Cross) Conventions. The second wing, often called the Hague Conventions, limits or bans outright the use of certain categories of weapons. These efforts began at the Hague in 1900 and have continued with the recent limitations on land mines, cluster weapons and certain chemical weapons. The Association of World Citizens was one of the NGOs leading the campaign against cluster weapons.

The current situation concerning refugees and internally-displaced persons can also be considered as part of humanitarian law. To prevent and alleviate suffering, to protect life and health, and to ensure respect for the human person, these are the core values of humanitarian law which we strongly reaffirm on World Humanitarian Day.

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

World Court: Focus on Palestinian Territories

In Being a World Citizen, Conflict Resolution, Current Events, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Solidarity, The Search for Peace, Track II, United Nations, War Crimes, World Law on July 22, 2024 at 11:00 AM

By René Wadlow

At a time when Palestinians in the Occupied West Bank and the Gaza Strip are under violent tensions, on July 19, the International Court of Justice (the World Court), published an Advisory Opinion, “Legal Consequences Arising from Policies and Practices of Israel in the Occupied Palestinian Territory Including East Jerusalem”. The request for an Advisory Opinion came from the United Nations (UN) General Assembly in 2023. The drafting by the World Court judges followed the oral hearings in February 2024 of the representatives of 50 States, the written statement of the Israeli authorities, and a voluminous dossier submitted by the UN Secretary-General on UN investigations and peacemaking efforts.

The international law framework concerns the standards set for the administration of occupied territories and the duties of an occupying power. The Advisory Opinion sets out the legal consequences for Israel, the legal consequences for other States, and the legal consequences for the UN.

(C) International Court of Justice

The Advisory Opinion does not offer new information. Nongovernmental Organizations (NGO), both in Israel and internationally, have documented in sad detail much of the violence against Palestinians, the destruction of homes by Israeli military forces, the increased presence of Israeli settlers in the West Bank, and many other forms of discrimination. The World Court considers this information reliable, and the information can serve as the basis of its deliberation without asking for new investigations.

The question which is now open is “What will be the consequences of the Advisory Opinion?” The World Court has no enforcement provisions for its decisions. The impact of the World Court depends for the most part on what national governments decide to do and on what pressure NGOs can develop. The tensions in the wider Middle East are real, and the Advisory Opinion may provide an impetus for action. The Association of World Citizens is devoted to strengthening international law and will follow these efforts with strong interest.

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

Sudan Conflict Grows Worse as UN Security Council Appeals Fall on Deaf Ears

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, Middle East & North Africa, NGOs, Refugees, Spirituality, Sudan, The Search for Peace, Track II, United Nations, War Crimes on June 17, 2024 at 6:00 AM

By René Wadlow

On June 13, 2024, the United Nations (UN) Security Council called for an end to the siege on El Fasher, the capital of the North Darfur Province of Sudan. The Council requested all parties to enable lifesaving aid to enter the city of El Fasher, the center of the most vicious fighting. The brutality of the fighting makes it impossible for aid workers to enter the city.

The civil war has gone on since April 2023 between the Rapid Support Forces led by General Mohamed Hamdan, known by his battle name of Hemedti, and the Sudanese Armed Forces led by General Abdul Fattah al-Burham. The fighting has led to some 15,000 persons being killed and 8 million displaced. The agriculture in the country is disorganized, and many people face acute hunger and, in some areas, famine.

Each of the two generals has created local militias which rob, torture, rape, and create conditions of disorder. Many of the militias use child soldiers in violation of UN treaties on the protection of children. Each of the two generals has opened the door to foreign fighters. There are Russian mercenaries which had been under the control of the Russian Wagner Group who had been fighting in Mali, Chad, Niger, and the Central African Republic. There are Ukrainian mercenaries who have come to fight the Russians.

It is difficult to understand the intensity of the current divisions represented by the two generals who had once been allies. The current divisions do not follow earlier fault lines in Sudan.

(C) Cable News Network

On behalf of the Association of World Citizens (AWC), I had been the first to raise in the UN Commission on Human Rights in 2004 the violent conditions in Darfur, Sudan, having been informed by a member of the UN Secretariat who was leaving the country and who could not speak out for himself. The violent conditions in Darfur were largely based on ethnic divisions linked to lifestyle differences between settled agriculturalists and cattle herders. There were also aspects of political divisions at the national level.

We kept in close contact with the Sudanese Mission to the UN in Geneva. Thus, the AWC was invited to be observers in the referendum which led to the creation of the State of South Sudan. The World Citizens had sent a team of observers.

Today, the suffering is real. Enlightened action is necessary. The conflictual situation requires close cooperation among humanitarian and peace nongovernmental organizations to see what is possible.

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

For a historic background on Darfur, see Julie Flint and Alex de Wall, Darfur: A Short History of a Long War (London: Zed Books, 2005).

International Criminal Court: Upholding International Humanitarian Law

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Solidarity, The Search for Peace, Track II, War Crimes, World Law on May 21, 2024 at 6:00 AM

By René Wadlow

Karim Khan, chief prosecutor for the International Criminal Court (ICC), on May 20, 2024 announced that he had formally applied for arrest warrants for leaders of the Israeli government and the political and military leaders of the Islamic Resistance Movement (Hamas) for war crimes and crimes against humanity as set out in the Rome Statute which created the ICC. The Israeli leaders are Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and the Israeli Defense Force (IDF) Chief of Staff, General Herzi Halevi. The Hamas leaders are Yahya Sinwar, head of Hamas since 2017, Mohammed Diab Ibrahim Al-Masri, the Commander-in-Chief of the Al-Assam Brigades – the military arm of Hamas, and Ismail Haniyeh, head of Hamas’s Political Bureau based in Doha, Qatar.

The Israelis are accused of violations of international humanitarian law including starvation as a method of war including the denial of humanitarian relief supplies and deliberately targeting civilians. The Hamas leaders are said to be individually criminally responsible for the killing of Israeli civilians on October 7, 2023 and the taking of hostages.

(C) International Criminal Court

Karim Khan stated in an interview at the time of the announcement of the arrest warrants, “We must collectively demonstrate that international humanitarian law, the foundational baseline for human conduct during conflict, applies to all individuals and applies equally across the situations addressed by my Office and the Court. This is how we will prove, tangibly, that the lives of all human beings have equal value.”

The application for arrest warrants is the first step. The warrants must be approved by a panel of ICC judges which oversee such decisions. Israel is not a party to the Rome Statute of the ICC, but Palestine accepted its jurisdiction in 2015. The legal aspect of the next steps is complicated and need to be followed closely.

The Association of World Citizens has stressed that all elements of international humanitarian law must be safeguarded and charges of war crimes investigated.

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