Genocide and Crimes Against Humanity Course: IR358 Section: 001 Instructor: Professor Ersel Aydınlı Presenters: Oussama Bensaleh - 22301585 Ercan Bilici - 22003411 Emre Doğrul - 22002174 Presentation Flow - Definition of Genocide & Crimes Against Humanity - Case Studies - Main Controversies About Genocide and its Prevention - International Aspect: ICC, Humanitarian Intervention & “R2P” - Discussion Questions Concept: Crimes Against Humanity - State policies that are designed to harm a group of people - Crimes against humanity ARE NOT war crimes! - Mass killings, rapes, mental or bodily harm, torture, etc. all categorized as crimes against humanity Concept: Genocide - A word introduced by Raphael Lemkin to define a brutal act of “destruction” of an ethnic group by another - “What was meant by ‘destroy’? Why was protection from genocide limited to ‘national, ethnical, racial [and] religi - ous’ groups – ignoring the vulnerabilities of political groups, social classes and gender groups, to cite just three? What ‘part’ of a designated group had to be destroyed in order for the destruction to qualify as genocide?” (Jones, 2018) Concept: Genocide - “a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.” (Lemkin 1944:79) Definition(s) of Genocide - Guidelines of ad hoc courts played an important role - The perception of what constitutes a “genocide” and a “crime against humanity” evolved over time - The concept mostly characterized by the principle of “universal jurisdiction” The 1946 Genocide Convention - Article II. 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.s aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group. The Rome Statute (1998) - “For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender . . . or other grounds that are universally recognized as impermissible under international law . . . (i) Forced disappear - ance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.” CASE STUDIES RWANDA-1994 In 1994, Rwanda experienced a devastating genocide where approximately 800,000 Tutsis and moderate Hutus were systematically murdered over 100 days. Despite clear warning signs, the international community's failure to intervene showcased a profound global oversight, highlighting the dire consequences of inaction in the face of mass atrocities. This tragic event underscores the critical need for vigilance and proactive international response to prevent future genocides. IRAQ-2003 In 2003, the invasion of Iraq was initiated under the pretext of dismantling weapons of mass destruction, a claim that was later debunked. This intervention led to significant civilian casualties, destabilized the region, and resulted in a prolonged conflict that affected millions. The Iraq case exemplifies the complex interplay between geopolitical strategy and the pretext of humanitarian intervention, raising questions about the real motives behind international military actions. LIBYA-2011 - The 2011 intervention in Libya, led by NATO under the guise of protecting civilians from Gaddafi's regime, resulted in significant regime change. However, it also plunged the country into chaos and civil war, illustrating the unintended consequences of military interventions and the fine line between humanitarian aid and geopolitical maneuvering. Oil: the secret deal between the NTC and France SECURITY THREATS Military actions by foreign powers have at times contributed to the proliferation of arms and radicalization of populations. This, coupled with the destruction of societal infrastructure, has facilitated the emergence of non-state actors who pose significant security challenges across borders. Main Controversies - Government officials tend to avoid labelling mass massacres in history as “genocide”. - Recognition brings along the obligation to take action and suppress or eliminate the perpetrators. - Willingness of states and leaders to take action is directly influenced by political conditions. Main Controversies - Discourse of humanitarian intervention is prone to be used to justify actions that promote political interests. - Today, if any intervention involves great powers, it automatically creates an opposition and suspicion. - Sovereignty dilemma in countering the issue, is it “internal affairs”? Sovereignty as a “right to genocide”? (Jones, 2018) Positive Developments - Moral-ethical principles are established to a certain extent. - Most of the interventions except Libya hardly concerned material interests and geopolitical advantages. - Along with the great powers, regional actors play a role as well. ICC, Humanitarian Intervention, and “R2P” - ICC is a penal court - HQs: The Hague - Membership to the Rome Statute (1998) - An action to cease “human rights violations” - Associated with geopolitical goals - R2P→ Authorized by the UNSC; is against genocide, war crimes, ethnic cleansing, and crimes against humanity - R2P IS NOT a direct military intervention (at least not an immediate one) Thank you for listening! Discussion Questions - Do you think there could be an effective way to deter perpetrators of genocide and crimes against humanity from committing these acts? Should the international regime on such atrocities violate the sovereignty of nations for the sake of protection of the people from their own states? - Should the leaders of Western nations be held accountable for their roles in genocides, whether through their failure to act, their support for genocidal regimes, or their direct actions that lead to the slaughter of civilians? - Do you think that the ambiguity in the definition of genocide is one source of the problem? Should it be left as it is or is it prone to be abused by great powers and needs to be changed?
