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Jammeh: Here’s Your Hat, The Plane is Waiting

In Africa, Conflict Resolution, Current Events, Democracy, Human Rights, The Search for Peace, World Law on January 23, 2017 at 10:59 AM

JAMMEH: HERE’S YOUR HAT, THE PLANE IS WAITING

By René Wadlow

An update to the article “Gambia: The Cry of the Imburi” by René Wadlow, published on January 21, 2017.

Yahya Jammeh, the former President of Gambia, chose the wiser course of action and left Gambia on Saturday, on January 20, 2017 at 9.15 PM local time with his wife Zineb and the President of Guinea, Alpha Condé, who had been negotiating the departure on behalf of the Economic Community of West African States (ECOWAS). He was wearing his trademark white cap and said that only God would judge him.

Senegal troops, mandated by ECOWAS, had already crossed the frontier of Gambia, although they said that their aim was to protect the people and not to bring about political change. There was, nevertheless, a potential for violence either in opposition to the Senegalese troops or among supporters and opponents to Jammeh.

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Alpha Condé, President of Guinea, who helped broker a peaceful solution to the political crisis in Gambia.

It is likely that the situation will remain relatively calm as people await the return to Gambia of Adama Barrow, who had taken the oath of office of President in the Gambian Embassy in Dakar on Friday, January 19, 2017. Barrow had left Gambia fearing for his life as Jammeh has a reputation of “disappearing” his opponents during his 22 years of rule. With Barrow’s return, the real work of socio-economic development can start.

As noted in my earlier article, Gambia is a creation of colonial history, the English came up the Gambia River first for the slave trade. After 1807 when the slave trade was banned north of the equator, there was a shift to other forms of trade. In the late 1860s the English started to set up an administration while the French were doing the same thing in what is now Senegal. Thus Gambia is bounded on both sides by Senegal and the Gambian population of about one and a half million have ethnic links with groups in Senegal.

Gambia is heavily dependent on the Senegal, and a good number of Gambians work in Senegal. As Gambia has few resources beyond a subsistence agriculture and some export of peanuts, the country has become a transit area for drugs coming from Latin America destined for Europe. Gangs involved in the drug trade have also been involved in the arms trade. Since nothing in the small country escaped the eyes of Jammeh, it is most likely that he took his cut of the drug profits and placed his money outside of Gambia.

Press reports indicate that Jammeh and his wife quickly left Guinea for Equatorial Guinea, set between Cameroon and Gabon, also ruled by long-time and brutal dictator Obiang Nguema. Jammeh is in no danger of a trial.

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In looking at the statistical tables of the UN Conference on Trade and Development’s Least Developed Countries Reports, the Gambian economy has been flat since Jammeh took power – the drug and arms trade are not part of the figures. In addition, the education and health sectors have been “weak” at best.

There have been since the independence of Senegal in 1960 proposals for the integration perhaps in the form of a confederation. For lack of a political will, such a con-federation has never been created. Rather we have a week integration of the Gambian economy into that of Senegal with no corresponding government structures.

It is too early to know what the future will hold. Armed violence is most probably avoided. But we must still keep an eye open to see if the new government is able to meet the new economic challenges.

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

Gambia: The Cry of the Imburi

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Democracy, Human Rights, International Justice, The Search for Peace, World Law on January 22, 2017 at 10:25 AM

GAMBIA: THE CRY OF THE IMBURI
By René Wadlow

The Imburi are spirits that are said to inhabit the forests of Gabon in Equatorial Africa and who cry out for those who can hear them at times of impending violence or danger. Today, the Imburi are crying so that we will focus on the Gambia. The United Nations (UN) Security Council has heard the cry and has called for a transfer of authority to a new president, duly elected, Adama Barrow.

Adama Barrow took the oath of office of President on January 19, 2017 at the Embassy of Gambia in Dakar, Senegal as he is in exile for his safety in neighboring Senegal. The long-time President, Yahya Jammeh, who took power in 1994 in a military coup has been in office so long that he refuses to leave.

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Adama Barrow, the new, democratically-elected President of Gambia.

Many have suggested that Jammeh could leave, especially to avoid local violence or foreign intervention. In his 22 years of service in a country where the trade of arms and drugs is the chief economic activity, he must have put his share of profits in foreign banks. There are suggestions that with funds collected to offer him a “golden parachute” he could leave peacefully. Nigeria has offered him a nice retirement home. But Jammeh insists that he will stay on and that the one December vote was somehow fixed against him and his alliance for Patriotic Reorientation and Construction Party.

The 15-nation Economic Community of West African States (ECOWAS) has strongly suggested that Jammeh leave power and has sent a number of high-level missions to the capital Banjul to urge a departure. To drive home their point, ECOWAS has stationed troops in Senegal on the frontier with Gambia. Some Senegalese troops, members of ECOWAS, have crossed the frontier into Gambia to prevent violence but said that they did not have a political mission. The current chair of ECOWAS is the Liberian President, Ellen Johnson Sirleaf, who knows first-hand what armed conflict and civil war can bring to a country.

There are those in Gambia who expect the worst. Some 45,000 have left the country for Senegal in the last few days. Many shops have closed, and food prices have climbed. There are real possibilities for violence. President Jammeh had a long-term policy of hate speech against minorities, especially the Mandinka whose traditional home is Senegal and against gays. Jammeh’s current supporters are stressing that “gays and their foreign supporters” are those who are creating instability.

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Yahya Jammeh, the former President of Gambia.

There is real danger that violence based on ethnicity, sexual orientation, and political allegiance will break out.

Ministers in Jammeh’s government have resigned including the key ministries of Foreign Affairs, Finance and Trade. Some ministers have left the country for Senegal fearing revenge violence. Certainly a quiet retirement in Nigeria would be a welcome end to Jammeh’s brutal and corrupt years of service. But the situation merits watching closely. The Imburi are worried.

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

Aleppo: Short-term action followed by reaffirmation of humanitarian law

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, Refugees, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on December 20, 2016 at 10:34 PM

ALEPPO: SHORT-TERM ACTION FOLLOWED BY REAFFIRMATION OF HUMANITARIAN LAW

By René Wadlow

 

Stephen O’Brien, the United Nations (UN) Under Secretary-General for Humanitarian Affairs describing the ever-more destructive situation in and around Aleppo, Syria, said, “The parties to the conflict have shown time and again they are willing to take any action to secure military advantage even if it means killing, maiming or starving children into submission in the process.”

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A large number of persons are trapped within the city, victims of blind bombardments, shelling, landmines and gunfire. Some persons are used as “human shields” and are unable to protect themselves. Medical facilities have been destroyed, and medical supplies are lacking. Food is unable to reach much of the population, and relief efforts are unable to reach persons in real need.

For the moment, there seems to be no willingness to negotiate a broad ceasefire. The UN Security Council is blocked. Thus, the only short-term action possible is to create “safe routes” so that those who wish to leave the besieged areas can do so. Mr. Brita Hagi Hasan, an elected official of a committee administering parts of Aleppo, has made a moving appeal for such humanitarian corridors. Some persons, an estimated 16,000 as of the first of December, have already been able to leave the city, but many more would do so if true safe routes were put into place.

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Brita Hagi Hasan (left), Chairman of the Local Council of the City of Aleppo, the (now defunct) local administration committee created by the leaders of the Syrian revolution there, addressing supporters in Paris, France on December 1, 2016. (C) Bernard J. Henry/AWC

However, there are two immediate obstacles. Many persons feel that such “safe routes” would, in fact, not be safe. There is a fear that they would be trapped, and once outside of their houses in the open, they would be shot at or bombed. The second fear is that they would not be safe when they reach government-held areas but could become victims of government-led repression.

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Thus, there is a double, short-term need: the first is accompaniment of citizens leaving the area either by UN or other international troops or by unarmed nongovernmental observers. With such accompaniment, there would be some reluctance to attack persons on foot or in buses. The second need is for credible guarantees by the government that there would be no reprisals against civilians, most of whom have been living in opposition-administered parts of the city, often for several years. There needs to be some sort of international follow-up to make sure that such government guarantees are honored.

Beyond these short-term but vital efforts, there is a longer-term need for the reaffirmation of the validity of humanitarian law and especially a reaffirmation of respect for humanitarian law.

The current armed conflicts in Afghanistan, Yemen, Libya, and the Syria-Iraq-ISIS-Kurds-Turkey conflict have seen a dangerous erosion of respect for the laws of war concerning medical facilities and personnel, concerning prisoners of war, of hostages, and of civilians, in particular women and children. There have been repeated cries of alarm from leaders of the International Committee of the Red Cross, of the UN, and nongovernmental organizations such as the Association of World Citizens (AWC). However, violations of these fundamental prohibitions of the laws of war continue. There have been relatively few calls for creative responses in the face of these continuing violations.

Thus, the AWC stresses the need to create immediately internationally-guaranteed safe routes for the evacuation of civilians from the besieged areas of Aleppo. Such guaranteed safe routes can also serve as a model for civilians in other besieged cities.

The AWC also calls for a serious investigation of the reasons for the erosion of the respect for humanitarian law to be followed by a UN-led conference on the reaffirmation of humanitarian law.

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

Immigration, Detention, Control

In Being a World Citizen, Conflict Resolution, Current Events, Europe, Human Rights, Middle East & North Africa, Migration, Refugees, Solidarity, The Search for Peace, United Nations, World Law on December 18, 2016 at 9:56 AM

IMMIGRATION, DETENTION, CONTROL

By René Wadlow

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If I were another on the road, I wouldn’t have looked back. I’d have said what one traveler says to another: Hello stranger, wake up your guitar! Let’s postpone our tomorrow to lengthen our road and widen our space, so that we may be rescued from our story together.

 

– Mahmoud Darwish, Palestinian poet.

 

By creating special observance days, the United Nations (UN) tries to promote international awareness and action on specific issues. Thus February 6 is International Day of Zero Tolerance to Female Genital Mutilation and March 20 is International Day of Happiness. May 2 highlights an issue we do not think about often: World Tuna Day. December 18 has been designated as the International Migrants Day, but even without a special day, migrants and refugees have become worldwide issues leading to political debate, especially in Europe and the USA.

Asylum seekers and immigrants with low level of education are often seen as a “burden”, not only for “Fortress Europe” but also for first reception countries. Thus, today’s borders function as a filter, separating the “wanted” – that is, migrants who can be used – from the “unwanted”. The filter serves to separate those that get in from those who are pushed back.

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The filter serves to distort refugee flows. Because unaccompanied minors are more protected by law or policy and are often not deported, there are an increasing number of unaccompanied minors separated from the rest of the family and facing very uncertain futures, especially as concerns education.

There have been some efforts to provide for educational facilities, but most often for students already at the university level. In September 2014, the German Foreign Minister, Frank-Walter Steinmeier, announced the establishment of a special scholarship program for refugees from Syria saying “We cannot allow the Syrian conflict to engender a lost generation. It is particularly young Syrians who will play a crucial role in rebuilding their country and deciding the future as soon as this terrible conflict is over. We want to help give this young generation a future perspective.” Since then there are many signs of a lost Syrian generation, especially for those in the neighboring countries of Jordan, Turkey and Lebanon.

The filter also increases the trafficking of people by organized bands who quickly learn the ways of going around a filter. The trafficking of women and children for the sexual industries occurs in all parts of the world, but increases in areas with armed conflicts. Women in war zones are forced into sex slavery by combatant forces or sold to international gangs. Even without commercial trafficking, there has been a sharp increase in early marriage among Syrian refugee girls in Jordan, marriage being one of the few ways to cope economically and socially.

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The systemic failures and bureaucratic delays that characterize government reception systems have left many migrants and refugees in a legal “limbo” in which migrants remain trapped, contributing to processes of alienation. There is obviously a need for cooperation and some coordination among States of origin, transit and destination – more easily said than done.

Fortunately, nongovernmental organizations (NGOs) have tried to meet the challenges of migrant and refugee flows, often being able to draw upon the spontaneous goodwill of people. However, there are real limits to what NGOs can do, especially on longer-term issues. There is an obvious need to resolve the different armed conflicts through negotiations in good faith. There is also an obvious need to increase development efforts in those countries from which economic migration is a strong motivation. There is also a need to reverse environmental damage with ecologically-sound development programs.

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December 18 should serve as a time when we look with compassion at the fate of migrants, refugees and the internally displaced. It is especially a time when we must plan and increase resources for creative action.

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

Yazidi Freedom of Thought Honored

In Being a World Citizen, Conflict Resolution, Cultural Bridges, Current Events, Human Rights, International Justice, Middle East & North Africa, Religious Freedom, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on December 3, 2016 at 11:07 PM

YAZIDI FREEDOM OF THOUGHT HONORED

By René Wadlow

The Yearly Sakharov Prize for Freedom of Thought awarded by the European Parliament was given on October 27, 2016 to Nadia Mourad Bassi Taka and Lamiya Aji Bachar, both Iraqi Yazidis. Both had been taken captive by Islamic State (IS) forces in August 2014 and then sold into sexual slavery and forced marriage. Both were recently able to escape from bondage and went to Germany as refugees. Both have become spokespersons for the Yazidis, especially those Yazidi women who are still being held in sexual slavery. The United Nations (UN) has appointed Nadia Taka as Goodwill Ambassador for the Dignity of Survivors of Human Trafficking.

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There were probably some 500,000 Yazidis, a Kurdish-speaking religious community living in northern Iraq, many in the Mosul area. Iraqi demographic statistics are not very reliable, and Yazidi leaders may give larger estimates by counting Kurds who had been Yazidis but who had converted to Islam. There were also some 200,000 Yazidis among the Kurds of Turkey but now nearly all have migrated to Western Europe, primarily Germany, to Australia, Canada, and the USA. There are also some Yazidis among Kurds living in Syria, Iran and Armenia. The Yazidi do not convert people, and so the religion continues only through birth into the community.

The structure of the Yazidi world view is Zoroastrian, a faith born in Persia proclaiming that two great cosmic forces, that of light and good, and that of darkness and evil are in constant battle. Man is called upon to help light overcome evil.

However, the strict dualistic thinking of Zoroastrianism was modified by another Persian prophet, Mani of Ctesiphon in the third century CE who had to deal with a situation very close to that of ours today. Mani tried to create a synthesis of religious teachings that were increasingly coming into contact through travel and trade: Buddhism and Hinduism from India, Jewish and Christian thought, Hellenistic Gnostic philosophy from Egypt and Greece as well as many smaller, traditional and “animist” beliefs. Mani kept the Zoroastrian dualism as the most easily understood intellectual framework, though giving it a somewhat more Taoist (yin/yang) flexibility, Mani having traveled to China, he developed the idea of the progression of the soul by individual effort through reincarnation – a main feature of Indian thought combined with the ethical insights of Gnostic and Christian thought. Unfortunately, only the dualistic Zoroastrian framework is still attached to Mani’s name – Manichaeism. This is somewhat ironic as it was the Zoroastrian Magi who had him put to death as a dangerous rival.

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Within the Mani-Zoroastrian framework, the Yazidis added the presence of angels who are to help man in his constant battle for light and good, in particular Melek Tawis, the peacock angel. Although there are angels in Islam, angels that one does not know could well be demons, and so the Yazidis are regularly accused of being “demon worshipers” (1).

If one is to take seriously the statements of the IS leadership, genocide – the destruction in whole or in part of a group – is a stated aim concerning the Yazidis. The killing of the Yazidis is a policy and not “collateral damage” from fighting. The 1948 Convention for the Prevention and Punishment of the Crime of Genocide allows any State party to the Convention to “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.” Thus far, no State has done so by making a formal proposal to deal with the Convention.

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The Yazidis have always been looked down upon by both their Muslim and Christian neighbors as “pagans”. The government of Saddam Hussein was opposed to them not so much for their religious beliefs but rather because some Yazidi played important roles in the Kurdish community, seen as largely opposed to the government. The Yazidis also had some old ownership claims on land on which oil reserves are found in northern Iraq which makes them suspect in the eyes of the current leadership of the Kurdish Autonomous Region of Iraq. The government of the Kurdish Region has accepted the Yazidi refugees but has done little to help their socio-economic development perhaps fearing competition with the Kurdish families now in control of the government. In all fairness, the government and the civil society of the Kurdish Region are stretched well beyond their means to deal with the refugees and displaced.

The current fighting in both Iraq and Syria overshadows concerns for the freedom of thought as the ability to live is in question. However, the Sakharov Prize may serve as a reminder that the quality of life is also measured by the ability to think and to hold on to one’s convictions.

(1) A Yazidi website has been set up by Iraqis living in Lincoln, Nebraska, USA. The website is uneven but of interest as a self-presentation: yeziditruth.org.

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

Les Citoyens du Monde appellent à des couloirs humanitaires à Alep (Syrie) pour laisser entrer l’aide et sortir les civils

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, International Justice, Middle East & North Africa, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on December 2, 2016 at 1:04 AM

LES CITOYENS DU MONDE APPELLENT A DES COULOIRS HUMANITAIRES A ALEP (SYRIE) POUR LAISSER ENTRER L’AIDE ET SORTIR LES CIVILS

-- AWC-UN Geneva Logo --

L’Association of World Citizens (AWC) est choquée et révoltée par les attaques délibérées perpétrées par l’armée du Gouvernement syrien et les alliés étrangers de celui-ci contre les quartiers est de la ville d’Alep, sous le contrôle des forces révolutionnaires.

Nous condamnons fermement le refus persistant du gouvernement russe d’accepter aucune des résolutions proposées par la France au Conseil de Sécurité des Nations Unies pour une fin des bombardements menés par les troupes russes sur les secteurs d’Alep tenus par les rebelles.

Nous condamnons avec la même vigueur le refus constant des gouvernements syrien et russe de laisser ouvrir des couloirs humanitaires à l’intérieur d’Alep et depuis la ville, tant pour y laisser entrer l’aide d’urgence que pour permettre aux civils qui souhaitent quitter la zone de combat de le faire sans que leurs vies en soient mises en danger.

Nous en appelons aux gouvernements syrien et russe en vue de cesser leur obstruction à l’ouverture de tels couloirs et de créer enfin les conditions permettant, d’une part, à l’aide d’être acheminée aux zones qui en ont besoin, d’autre part, aux civils souhaitant fuir les secteurs subissant des attaques de chercher un abri en dehors d’Alep sans que ce soit à leurs risques et périls.

Enfin, l’AWC appelle à une solution politique en Syrie qui n’avalisât aucun fait accompli généré par des violations du droit international.

World Citizens Call for Humanitarian Corridors in Aleppo, Syria to Let Aid In and Civilians Out

In Conflict Resolution, Current Events, Human Rights, International Justice, Middle East & North Africa, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on December 1, 2016 at 1:15 PM

WORLD CITIZENS CALL FOR HUMANITARIAN CORRIDORS IN ALEPPO, SYRIA TO LET AID IN AND CIVILIANS OUT

-- AWC-UN Geneva Logo --

The Association of World Citizens (AWC) is shocked and outraged by the relentless attacks carried out by the Syrian Government’s army and its foreign allies on the eastern districts of the city of Aleppo controlled by revolutionary forces.

We strongly condemn the persistent refusal of the Russian Government to accept any of the resolutions proposed by France to the United Nations Security Council for an end to the Russian forces’ bombardments on Aleppo’s rebel-held sectors.

We condemn with equal strength the Syrian and Russian Governments’ constant refusal to have humanitarian corridors opened into and from Aleppo, both to let emergency aid in and allow those civilians who wish to leave the combat zones to do so without endangering their lives.

We hereby call on the Syrian and Russian Governments to stop blocking the opening of such corridors and make it possible at last for aid to be delivered to those areas in need and for civilians wishing to flee those sectors under attack to seek shelter outside of Aleppo without putting themselves at risk in so doing.

Finally, the AWC calls for a political solution in Syria that does not endorse any fait accompli generated by violations of international law.

Many Forms of Violence against Women

In Being a World Citizen, Democracy, Human Development, Human Rights, International Justice, Social Rights, Solidarity, United Nations, Women's Rights, World Law on November 25, 2016 at 11:47 AM

MANY FORMS OF VIOLENCE AGAINST WOMEN

By René Wadlow

November 25 is the day designated by the United Nations (UN) General Assembly as the “International Day for the Elimination of Violence against Women.” Violence against women is a year-round occurrence and continues at an alarming rate. Violence against women can take many different forms. There can be an attack upon their bodily integrity and their dignity. As citizens of the world, we need to place an emphasis on the universality of violence against women but also on the multiplicity of the forms of violence. We need to look at the broader system of domination based on subordination and inequality. The value of a special Day for the Elimination of Violence against Women is that the day serves as a time of analysis of the issues and a time for a re-dedication to take both short-term measures – such as the creation of a larger number of homes for battered women – and longer range programs.

Both at the international UN level and at the national and local level, there have been programs devoted to the equality of women and to the promotion of women in all fields. Thus, it is important to stress that women are not only victims in need of special protection but also that women should participate fully and effectively in all aspects of society.

Nevertheless, women have largely remained invisible and inaudible by being allowed to have a key role in the “informal sector” – those sectors of the economy that are the least organized and are often left out of the statistics of the formal economy as if the informal sector did not count. Women have turned to the informal sector – or have been pushed into it – as a way of sustaining a livelihood for their families.

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(C) Anna Sapphire

In the informal sector, women survive and often have a major responsibility for the economy of the whole family. Fathers are often absent by need or by choice. Some women do well in the informal sector and serve as a model – or a hope – as to what others can accomplish. Self-employed women are increasingly helped by micro-credit programs. Micro-credit loans are useful but rarely do such loans allow a person to move outside the informal economy.

Women’s work in the informal sector accounts for a large proportion of total female employment in most developing countries of Africa, Latin America and Asia. Women work as food producers, traders, home-based workers, domestic workers, prostitutes and increasingly are engaged in drug trafficking – anything to earn an income to feed their children. The informal sector is their last hope for economic and social survival for themselves and their families.

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“Violence against women”, by Gaetano Salerno, 80x60cm, 2013.

Gender inequality and the walls built around the informal sector are the marks of the “silent violence” against women. Amartya Sen defined the major challenge of human development as “broadening the limited lives into which the majority of human beings are willy-nilly imprisoned by the forces of circumstances”.  On November 25, this day for the elimination of violence against women, we need to look closely at the many social, cultural and economic wall which imprison.

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

World Citizens Demand an End to All Hostile Maneuvers Toward Amnesty International in Russia

In Being a World Citizen, Current Events, Democracy, Europe, Human Rights, International Justice, Solidarity, The former Soviet Union, United Nations, World Law on November 4, 2016 at 9:20 AM

-- AWC-UN Geneva Logo --

WORLD CITIZENS DEMAND AN END TO ALL HOSTILE MANEUVERS
TOWARD AMNESTY INTERNATIONAL IN RUSSIA

The Association of World Citizens (AWC) is concerned that the headquarters of the Russian Section of Amnesty International, based in Moscow, have been sealed off by the local authorities and the staff have been barred from accessing the premises.

Although the Russian authorities have contended that the rent for the Amnesty headquarters was overdue, the organization has proved that this contention was unfounded, thus demonstrating that the sealing is an unwarranted move and a violation of Amnesty International’s rights as an organization of Human Rights Defenders in line with the provisions of Resolution 53/144 of the United Nations (UN) General Assembly.

Compliance with international human rights standards can never harm the stability – political, administrative or other, of a given society, only improve it by establishing firm legal, political, and moral norms that every citizen can both claim in defense of their own rights and use to defend the rights of others when necessary.

The AWC calls on the authorities of the Russian Federation and the City of Moscow to restore free access to the headquarters of Amnesty International Russia for its staff, volunteers, members and anyone else who may wish to visit with the consent of the Amnesty leadership there.

Battle for Mosul: Can There Be Respect for the Laws of War?

In Conflict Resolution, Current Events, Human Rights, International Justice, Middle East & North Africa, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on October 18, 2016 at 7:43 PM

BATTLE FOR MOSUL: CAN THERE BE RESPECT FOR THE LAWS OF WAR?
By René Wadlow

On Monday, October 17, 2016, the battle of Mosul began as the troops of the Iraqi army started moving toward the northern Iraq city of Mosul. The Iraqi Prime Minister, Haider al-Abadi, announced the effort to take Mosul, a city of over one million people which has been held by the forces of the Islamic State (ISIS or Daesh in its Arabic initials) since July 2014. The Iraqi troops are assisted by Turkish troops and tanks, by United States (U. S.) Special Forces who have also been training the Iraqi troops, and by the Kurdish peshmerga militias who have attacked surrounding villages but who, for political reasons, are not likely to enter Mosul.

There are estimates that there are some 4,500 ISIS troops facing some 50,000 on the Iraqi government side. ISIS has been aware that an attack on Mosul was in preparation for a long time and has responded by mining buildings and roads as well as building tunnels. It is likely that some ISIS fighters have slipped away, but it is also likely that the remaining majority of ISIS will fight to the bitter end, preferring death to surrender. In a situation that is confused by the number and nationalities of the groups in combat as well as the very ethnically and religiously mixed population of Mosul, what possibilities exist for respect of the laws of war?

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Two Kurdish peshmerga fighters at Mosul Dam in 2014.

The laws of war, now often called humanitarian law, have two wings, one dealing with the treatment of medical personnel in armed conflict situations, the treatment of the military wounded and prisoners of war as well as the protection of civilians. This wing is represented by the Geneva (Red Cross) Conventions. The second wing, often called the Hague Conventions limit or ban outright the use of certain categories of weapons. These efforts began at The Hague with the 1900 peace conferences and have continued since even if the more recent limitations on land mines, cluster weapons and chemical weapons have been negotiated elsewhere than in The Hague.

For the Hague Conventions such as the ban on land mines, the ban is binding only on States which have ratified the convention. Although the Islamic State had some of the markings of a proto-State, it was not recognized as a State by any other State. Basically ISIS can be considered as an armed militia.

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ISIS, or Daesh, the self-styled “Islamic State”, only believes in violence. It has always displayed an unmitigated hatred of everything that international law and human rights stand for. It is neither “Islamic” nor a “State” and never will be.

The status of the Geneva Conventions for non-State militias can be debated. When I was involved at the United Nations (UN) with the national minorities of Burma in the 1990s, I encouraged the Burmese militias to study, discuss and then sign the Geneva Conventions, of which the Swiss government is the depositary power. When the Burmese government learned of our efforts, they quickly signed the Geneva Conventions. Once the national minorities had signed, and I sent the document to the Swiss government and to the International Committee of the Red Cross, both the Burmese military and the national minorities released a number of prisoners of war as a mark of good faith which had never been done before. The status of world law for non-State entities and individuals is a crucial question, and there are discussions at the International Criminal Court on this issue.

The current situation concerning refugees and internally-displaced persons can also be considered as part of humanitarian law. The status of refugees is more widely respected than that of the internally-displaced.

ISIS has shown no interest or respect for humanitarian law nor for universally-recognized human rights. ISIS has carried out many summary executions of perceived opponents. There is a real danger that as ISIS disintegrates and no longer controls as much territory, it will increase terrorist actions having “nothing left to lose”.

The violations of the laws of war are not limited to ISIS. On May 3, 2016, the UN Security Council unanimously adopted Resolution 2286 calling for greater protection for health care institutions and personnel in light of recent attacks against hospitals and clinics in Syria, Iraq, Yemen, South Sudan, Democratic Republic of Congo and Afghanistan. These attacks indicate a dangerous trend of non-compliance with the laws of war by both State and non-State agents.

To prevent and alleviate human suffering, to protect life and health, and to ensure respect for the human person – these are the core values of humanitarian law. These values may get lost in the “fog of war” of the battle for Mosul. Therefore, there needs to be a wide public outcry in the defense of humanitarian law so that violations can be reduced. As the tanks move ahead, the time for the defense of humanitarian values is now.

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