The Official Blog of the

Archive for the ‘World Law’ Category

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.

————————————————————————————–

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.

AWC Lebanon Appeal: Protecting Cultural Heritage in Time of War

In Arts, Being a World Citizen, Conflict Resolution, Cultural Bridges, Current Events, International Justice, Middle East & North Africa, Nonviolence, Solidarity, The Search for Peace, War Crimes, World Law on November 18, 2024 at 8:00 AM

By René Wadlow

War and armed violence are highly destructive of the lives of persons, but also of works of art and elements of cultural heritage. Knowledge and understanding of people’s past can help current inhabitants to develop their identity and to appreciate the value of their culture and heritage. Such knowledge and understanding enriches their lives and enables them to manage contemporary problems more successfully.

Since September 23, 2024, the armed conflict between the Israeli armed forces and the Hezbollah militia in Lebanon has led to increased air attacks by Israeli forces on different parts of Lebanon, resulting in deaths and the uprooting of a large number of people. Hezbollah had begun hostilities on October 8, 2023 by shelling Israeli positions in support of Hamas.

The Association of World Citizens (AWC) had called for a reduction of Israeli-Hezbollah tensions and has since called for a ceasefire and for the return of persons displaced in the areas on both sides of the Israel-Lebanon frontier. (See our Appeal of September 2024).

This AWC Appeal concerns the protection of cultural heritage as Israeli attacks have already harmed cultural heritage sites in Baalbek and Tyr as well as other culutral sites. Lebanon has a rich past going back to Biblical and Roman times.

After the Second World War, UNESCO had developed international conventions on the protection of cultural and educational bodies in time of armed conflict. The most important of these is the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Hague Convention has been signed by a large number of States.

The 1954 Hague Convention builds on the Roerich Peace Pact first proposed by the Russian painter and champion of Asian culture, Nicholas Roerich. The Roerich Peace Pact was signed on April 15, 1935 by 21 States in a Pan American Union ceremony at the White House in Washington, D.C.

The Banner of Peace (Pax Cultura), as defined by the Roerich Pact of 1935
(C) Kwamikagami

At the signing, Henry A. Wallace, then United States (U.S.) Secretary of Agriculture and later Vice-President, 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 contributions 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. Thus we build a world civilization which places that which is fine in humanity above that which is low, sordid and mean, that which is hateful and grabbing.”

We still have efforts to make so that what is fine in humanity is above what is hateful and grabbing. The AWC strives so that a start will begin in Lebanon and spread to the wider Middle East.

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

A Gaza Development Corporation

In Being a World Citizen, Conflict Resolution, Current Events, Middle East & North Africa, NGOs, Solidarity, Sustainable Development, The Search for Peace, Track II, United Nations, World Law on October 15, 2024 at 6:00 AM

By René Wadlow

There is increasing discussion concerning the Gaza Strip, its relation to the West Bank, and “the day after” when there is a ceasefire, people return to their home area, and reconstruction begins. The Association of World Citizens (AWC) had proposed in a written text to the United Nations (UN) Human Rights Council (A/HRC/5-12/NGO /1, October 14, 2009) the creation of a Gaza Development Corporation, a strong, future-oriented positive vision influenced by the Tennessee Valley Authority (TVA) of the “New Deal” of the USA and a Jordan Valley Authority proposed in the early 1950s.

The AWC proposal had been first submitted to the representatives of governments and the UN Secretariat for an international funding conference for the Palestinian Authority held in Paris in December 2007. At the funding conference, the World Bank representative, much in the spirit of the AWC proposal, stressed the need to integrate an economically vigorous Palestine into the wider geographic context. Such a wider economic zone would include Israel, Palestine, Lebanon, Syria, and Jordan. The World Bank representative highlighted that prosperity depends on liberating the economic potential of the Palestinian refugees and their descendants.

(C) Isochrone

Unfortunately, the Gaza Development Corporation was not acted upon at the Paris funding meeting, nor in its follow up phase. Creating a framework and institutions to help the people of the Gaza Strip and the wider region will not be easy. However, difficult times call for political creativity. Thus, the AWC re-proposes for consideration the creation of a Gaza Development Corporation.

The TVA was created in May 1933 to help overcome the deep economic depression in the USA. President Franklin Roosevelt, in his message to Congress, suggested that the Authority should be a “corporation clothed with the power of Government but possessed of the flexibility and initiative of a private enterprise. It should be charged with the broadest duty of planning for the proper use, conservation and development of the natural resources of the Tennessee River drainage basin and its adjoining territory for the general social and economic welfare of the Nation… This in a true sense is a return to the spirit and vision of the pioneer. If we are successful here, we can march on, step by step, in the development of other great natural territorial units.”

(1935) Midsouth Fair Exhibit (C) Tennessee Valley Authority

The central idea of the TVA was that it should do many things, all connected with each other. To do all these activities well, it had to be a public corporation, public because it served the public interest, a corporation rather than a government department, so that it could initiate the flexible, responsive management of a well-run private business. As Stringfellow Barr wrote in his book Citizens of the World (New York: Doubleday and Co, 1952, 285 pp), “The great triumph of the TVA was not the building of dams. Great dams had been built before. The greatest triumph was that it not only taught the Valley people but insisted on learning from them too. It respected persons.”

Strong socioeconomic structures are needed which can be maintained during periods of inevitable future tensions. As Jean Monnet, one of the fathers of the European Common Market has said, “Men take great decisions only when crisis stares them in the face.” Just as the first steps of the European Common Market had to overcome the deep wounds of the Second World War, so the situation in the Gaza Strip and the wider area needs to break the strong psychological barriers with cooperative economic measures from which many can benefit and negotiations in good faith”.

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.

Pact for the Future: A Partly Open Door for NGO-UN Cooperation

In Being a World Citizen, Conflict Resolution, Cultural Bridges, Current Events, Human Development, Human Rights, NGOs, Refugees, Religious Freedom, Social Rights, Solidarity, Sustainable Development, The Search for Peace, Track II, United Nations, World Law on October 4, 2024 at 6:00 AM

By René Wadlow

The Pact for the Future was accepted by the United Nations (UN) General Assembly in a three-stage process. The first stage was a nearly year-long drafting of the document with many small revisions in the 56 paragraphs setting out the goal of a renewed UN better able to guarantee peace and development. The second stage was a last moment motion by the Russian Federation which asked for a vote, finding some of the wording, especially on human rights, too strong. The Russian motion was put to a vote with 143 States voting for the text of the Pact, 15 abstentions, and 7 opposed (Russia, Belarus, North Korea, Iran, Syria, Sudan, and Nicaragua.)

After this vote, the President of the General Assembly called for a vote by acclamation. Everyone applauded, some more vigorously than others. Thus, the Pact was adopted by consensus.

The Pact should be seen as a springboard for action rather than as an end point. With the 193 UN members potentially involved in drafting the document, there was a need for compromises and general ideas rather than any new specific proposals. The Pact is a reaffirmation of the goals and processes of the UN system, but it also notes the need for constant renewal. In paragraph 6, the Pact states, “We recognize that the multilateral system and its institutions, with the United Nations and its Charter at the center, must be strengthened to keep pace with a changing world. They must be fit for the present and the future – effective and capable, prepared for the future, just, democratic, equitable and representative of today’s world, inclusive, interconnected and financially stable.”

Paragraph 9 states, “We also reaffirm that the three pillars of the United Nations – sustainable development – peace and security, and human rights – are equally important, interlinked and mutually reinforcing. We cannot have one without the others.”

In practice, it was easier to stress sustainable development since the 2030 Sustainable Development Goals had already been set out, through progress is very uneven. For peace and security, there are Articles 25 and 26 stating that, “We will advance the goal of a world free of nuclear weapons. We will uphold our disarmament obligations and commitments.” A culture of peace is mentioned in a number of places, but no specific steps are set out.

For two days prior to the governments’ discussion and voting on the Pact, there was what were called “Action Days” to which were invited Nongovernmental Organizations (NGOs), academics working on UN issues, and the representatives of business corporations involved in international trade. The two days were certainly a time for networking if not for “action”.

The Pact is a partially open door for UN cooperation with NGOs stating in a general way the “participation of relevant stakeholders in appropriate formats.” More specifically, the Pact calls to “Facilitate more structured, meaningful and inclusive engagement of nongovernmental organizations in consultative status with the Economic and Social Council in the activities of the Council in line with ECOSOC resolution 1996/21”. The door of the Pact was most open to youth calling for an increase in the representation of youth, which can only be via NGOs. We will have to see what, as NGO representatives, we can make of the partly open door.

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.

Victims of Enforced Disappearances: Continued Action Needed

In Being a World Citizen, Current Events, Democracy, Human Rights, International Justice, NGOs, Solidarity, Track II, United Nations, World Law on August 30, 2024 at 6:00 AM

By René Wadlow

August 30 each year is the International Day of the Victims of Enforced Disappearances. The Day highlights the United Nations (UN) General Assembly Declaration on the Protection of All Persons from Enforced Disappearances of December 18, 1992.

In a good number of countries, there are State-sponsored “death squads” – persons affiliated to the police or to the intelligence agencies who kill “in the dark of the night”, unofficially. These deaths avoid a trial which might attract attention. A shot in the back of the head is faster. In many cases, the bodies of those killed are destroyed. Death is suspected but not proved. Family members hope for a return. In addition to governments, nongovernmental armed groups and criminal gangs have the same practices.

Disappearances was one of the first issues to be raised, largely by Nongovernmental Organizations (NGOs) such as the Association of World Citizens (AWC), when the UN Secretariat for Human Rights with a new director, Theo van Boven, moved from New York to Geneva in 1977.

In 1976, Argentina’s military seized power and set out to kill opposition figures. This situation was quickly raised in the UN human rights bodies in Geneva. In 1980 a UN Working Group on Enforced or Involuntary Disappearances was created and has done important work.[i] However, continued action is needed by both the UN and national NGOs.

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

[i] See Iain Guest, Behind the Disappearances: Argentina’s Dirty War Against Human Rights and the United Nations (Philadelphia: University of Pennsylvania Press, 1990). Iain Guest was the Geneva UN correspondent for the International Herald Tribune. He had access to Argentine confidential documents once the military left power. He interviewed many diplomats and NGO representatives active in Geneva-based human rights work. This book is probably the most detailed look at how human rights efforts are carried out in the UN Geneva-based human rights bodies.