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The Foundation for the International Prevention of Genocide and Mass Atrocities has put forth an Initiative for the Improvement of European Union Capabilities to Prevent Genocide and Mass Atrocities. The rationale behind it is the importance of distinguishing between preventing conflict and preventing mass atrocities. The aim of the initiative is
“raising the awareness of the need to respond more effectively to the threats of genocide and mass atrocities by establishing a dedicated Task Force of European academics, experts and practitioners that will launch a series of consultations at the European level. This round of consultations and research will result in the elaboration of a Report assessing the current EU capabilities in the realm to prevent mass atrocities, which will be submitted to EU institutions and Member States.”
The Report has three main goals–to review and evaluate the EU’s existing tools for preventing mass atrocities, to develop practical policy recommendations to enhance responses to emerging threats of mass atrocities, and to highlight genocide prevention as a mainstream EU priority. It is slated to be released in December 2012 and will consist of five core chapters:
- Warning/Current Intelligence: warning about and verification of atrocities;
- Pre-Crisis Engagement: promoting security and human rights in countries under stress;
- Preventive Diplomacy: halting and reversing escalation toward mass violence;
- Intervention: intervening to stop ongoing atrocities;
- International Cooperation: creating synergies between the EU and the wider international community,
each of which will “consider the extent to which the EU’s current capabilities are adequate vis-à-vis the ideal requirements of an integrated genocide prevention strategy.” The 70-page Report will also include conclusions and recommendations.
In advance of a workshop on Operationalizing the Responsibility to Protect: Building Trust and Capacities for the Third Pillar Approach, to be held April 26 at the Global Governance Institute in Belgium, the organizers put out a call for papers in January. The papers will address two areas: enhancing the legitimacy and consistency of the third pillar* approach, and improving the effectiveness of R2P’s civilian and military tools.
Per the policy brief, “The workshop is not concerned with the conceptual nature of the pillar itself, but rather on the range of peaceful and military measures and tools—such as economic sanctions, preventive diplomacy and mediation, fact-finding missions and, as a last resort, military interventions such as the implementation of no-fly zones and civilian missions—used for implementation.” Policy recommendations discussed at/born of the workshop will be contributed to the United Nations General Assembly informal interactive dialogue on the third pillar of R2P this summer.
NATO’s UN-approved mission in Libya has raised a number of concerns in regards to the actual carrying out of R2P. As noted above, intervention wasn’t solely intended to be of a military nature. The Libyan case therefore brings up questions of timeliness, legitimacy, proportionality, and effectiveness of this particular brand of action. Moreover, a greater emphasis on prevention would mitigate the need for intervention. Instead of reliance on the international community and the United Nations, regional actors such as the European Union and the African Union, should play bigger roles in responding to all stages of crises that would ultimately necessitate the invocation of R2P. Other elements of the principle to be discussed at both the workshop and the UNGA dialogue include trust-building, consensus-building, collaboration, transparency, capacity-building, early-warning systems, training, and a long-term holistic approach to crisis situations.
* The third pillar of R2P focuses on the international community’s responsibility to take timely and decisive action to prevent and halt genocide, ethnic cleansing, war crimes, and crimes against humanity in those instances where a State is unable or unwilling to protect its own populations.
Last month, the Global Action to Prevent War network sponsored an event at the United Nations, Integrating Gender Perspectives into the Third Pillar of the Responsibility to Protect (RtoP). Within this context, they prepared a draft Background Concept Note on gender and RtoP to be utilized at policymaking workshops. In recent years, the UN has sought to address the problem of sexual violence committed against civilians in conflict zones but women are not a protected group under the UN Convention on the Prevention and Punishment of the Crime of Genocide. And while the term gendercide has gained more widespread use since its introduction in 1985, the fact remains that rape and sexual violence targeting females have long been tools of war and are often components of genocide itself. Though women can certainly be considered potential victims of mass violence, they also play an integral role in effecting stability and change. As such, the crux of the Background Concept Note lies in the following proposal:
1. At the international level, UN Member States should do more to highlight roles that women are already playing in the prevention of mass atrocities, and also do more to increase women’s direct participation in a wide range of peace and security initiatives, as set out in SCR 1325.
2. At the national level, RtoP strategic discussions relating to the general implementation of the norm should highlight the significance of women’s contributions (as leaders in conflict prevention, as aids to survivors and ex-combatants, as national focal points for RtoP discussion and strategic planning, etc) in such implementation strategies.
3. Member States should be encouraged to include RtoP language in the development of their National Action Plans (NAPs) on 1325 to help highlight the roles that women can and are already playing in calling attention and responding to the threat of mass atrocities.
This framework complements the Women Under Siege project, which was also launched in February 2012. Per its mission statement, the project has two main components:
1. A public education plan to demonstrate that rape is a tool of war (not only a crime of war, but also a strategic tool). This plan includes testimony from and partnership with survivors of modern wars from Bosnia to Darfur.
2. An action plan to push for the creation of legal, diplomatic, and public interventions to ensure the United Nations, international tribunals, and other agencies with power will understand the gender-based threats as a tool of genocide and will design protocols to intervene and halt gender-based genocide.
In his 9 March New York Times op-ed, “How to End Mass Atrocities,” Alex de Waal argues that the current (predominantly Westernized) anti-genocide movement, spearheaded by Gareth Evans and Samantha Power, has become overly idealistic. Touching upon points discussed in his co-authored paper, “How Mass Atrocities End: An Evidence-Based Counter-Narrative,” de Waal writes that interventionists have become singularly focused in both their means and their ends. He points out that while they tend to view perpetrators of mass atrocities as “insatiable,” the reality is, “In many cases, the perpetrators simply stop killing when they have reached their goals, become exhausted, fallen out among themselves or been defeated.” He cites several cases in which this has held true, and more in which this has enabled the brokering of deals which have ultimately ended instances of mass atrocities.
But De Waal then makes some sweeping generalizations, asserting that the aforementioned interventionists “insist on pursuing a more ambitious agenda: nothing short of democracy and justice, imposed by military intervention.” Coupled with getting mired in rhetorical semantics, this leads to indecision and resultant inaction when the killings ebb or stop. Before mentioning the current cases of Sudan and Syria, de Waal surmises his thesis:
Western policy makers interested in stopping mass crimes should not overlook tools that can work. Where violence is used as an instrument for political gain, it is negotiable. Some perpetrators can be moderated through diplomacy. Others will stop killing if they defeat a rebellion or realize they cannot. The main aim should be to stop genocidal killing. Holding elections and prosecuting the perpetrators of crimes, however laudable those goals, aren’t the priority.
Two days later, Gareth Evans responded in kind with a letter to the editor entitled, “In Defense of ‘R2P’,” in which he argues that
The whole point of the R2P doctrine is simply to generate a reflex international response that occurring or imminent mass atrocities are everybody’s business, not nobody’s. What the appropriate response can and should be — including diplomatic persuasion, non-military pressure like sanctions or International Criminal Court action, or (in extreme and exceptional cases) military intervention — depends entirely on the circumstances of each individual case.
Scott Straus, Winnick Fellow at the Committee on Conscience at the United States Holocaust Memorial Museum, recently wrote a working paper entitled, “Identifying Genocide and Related Forms of Mass Atrocity.” The central issue addressed by the paper is how members of the atrocity prevention community (his terminology) label crisis situations and identify emergent patterns of violence. Straus says conceptual analysis matters because:
- The atrocity prevention community must have a working definition of what class of events is in its domain of response.
- It is objectively difficult to know in the midst of the crisis whether or not it will escalate to a level that would trigger a response, that is, to genocide or mass atrocity.
- Conceptual analysis can help outside observers to identify and categorize different types of situations of atrocity and to recommend policy responses on the basis of those distinctions.
- Conceptual analysis and rigor will help organizations use language that over time will maintain or enhance their credibility.
Straus first endeavors to define/conceptualize the term “genocide.” He writes that the core consensus is that “genocide refers to violence that is extensive (deliberate, large scale, organized, systematic, sustained, widespread), group-selective (targeted at groups), and group-destructive (designed to destroy groups in particular territories under perpetrators’ control). Raphael Lemkin coined the term genocide in 1944 to mean the “destruction of a nation or of an ethnic group” and as the “destruction of human groups.” The 1948 United Nations Genocide Convention defines genocide as the “intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such.” Five methods of genocide are then specified:
- killing members of the group;
- causing serious bodily or mental harm to members of the group;
- deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
- imposing measures intended to prevent births within the group; and
- forcibly transferring children of the group to another group.
The next part of the paper focuses on indicators and questions of genocide. In addressing group-selective patterns of violence, Straus poses four questions to help determine if genocide is taking place or about to occur: Does evidence exist of isolating and separating out specific identifiable social groups, whether those groups are ethnic, racial, religious, political, economic, or even regional? In the course of violence, does evidence indicate that perpetrators are identifying individuals for the commission of violence on the basis of those individuals’ ostensible membership in groups? Are civilians being deliberately targeted? Does evidence indicate that the violence is conforming to a logic of attacking groups, that is, are symbols or stereotypes of specific groups being targeted?
Straus goes on to say that in addition to groupness, genocide is extensive violence. To assess extent, “outside observers can look at deliberateness, at scale (are substantial numbers being targeted?), at systematicity (organization, coordination, patterned regularity), at time (repetition and sustainment, which are implied by systematicity), at geography (widespread breadth), and at capacity (ability to inflict violence, involvement in violence-specialized institutions). Lastly, another method of evaluating whether or not genocide is taking place is to ask if the pattern of violence is consistent with a logic of group destruction: Do the patterns of violence in genocide include acts that are consistent with group destruction? Does the violence target not only those members of a social group who pose an immediate threat (according to the perpetrator), but also those who are essential to a group’s reproduction, notably children and women clearly not engaged in combat? Is the language used to justify the violemce consistent with a logic of group destruction? Genocide exhibits a logic of “final solutions.”
Straus uses Darfur and Kenya as case examples, then discusses sources of conceptual disagreement. These include whether or not genocide should be the gold standard for intervention, determining how much group destruction needs to occur to cross the threshold to “genocide,” and whether the Holocaust should be the model for genocide. Observers also have conflicting objectives in when and how they use the term. There is a moral or ethical objective, the fact that genocide is also a legal concept, and a more empirical usage as a concept that identifies a specific type of violence.
Because of both the limits and ambiguities of the term “genocide,” more general umbrella concepts are gaining popularity, namely mass atrocity, crimes against humanity, and mass killing. Writes Straus,
The most common emerging general concept in the atrocity prevention community is mass atrocity. Mass atrocity has no formal, legal definition, but in most usages the concept aggregates other legal (or commonly employed) concepts, in particular genocide, crimes against humanity, war crimes, and ethnic cleansing… Ethnic cleansing has no formal legal definition, but in general ethnic cleansing might be thought of as a set of actions designed to remove forcibly specific civilian groups from a territory… War crimes are defined in Article 8 of the Rome Statute. Although many different kinds of cases are covered under war crimes, in general, war crimes refer to significant violence against civilians in wartime. War crimes include killing, torture, hostage-taking, depriving prisoners of war rights, destroying shelter, and generally attacking civilians deliberately in war.
Three other important umbrella concepts are mass killing, mass violence, and democide (the murder of any person or people by a government). Then there are the parallel concepts of politicide, classicide, and gendercide. Politicide refers to the destruction of political groups in the way that genocide in the Convention refers to the destruction of ethnic, racial, national, and religious groups. Classicide refers to the intended mass killing of social classes, and gendercide refers to systematic destruction of gender.
To conclude, Straus recommends
that those in the atrocity prevention community should choose a standard that is reasoned, transparent, and, if response is the goal, of a high threshold. The standard should also be flexible enough to allow for ambiguities as events unfold. The net sum of the conceptual analysis in this paper is effectively a choice between two standards. One derives strictly from an analysis if terms that are broader than genocide… The second standard hews more closely to genocide but is broader and tries to avoid some of the problems with the way genocide has been incorporated into international law… drawing from the scholarly literature that emphasizes groups beyond those protected in the Convention, the conceptual standard does not limit itself to ethnic, racial, religious, and national groups. The standard applies to any social group that the perpetrator targets. The standard does not focus on intent per se, but rather reorients attention to issues of extent and scale, in particular the proportion of the target group that is affected by the violence.
Earlier this week, Genocide Watch and the Genocide Prevention Advisory Network (GPAN) put out a list and map of countries at risk of genocide, politicide, or mass atrocities in 2012. Categorized as current massacres, potential massacres, or polarization, a majority of the countries are in the Middle East and Africa. Current massacres are taking place in DR Congo, Sudan, Eastern Congo, Uganda, Syria, Somalia, Afghanistan, Pakistan, North Korea, Myanmar, and Ethiopia. According to GPAN, these countries are “at the mass killing stage. They have active genocides, recurring genocidal massacres, or ongoing politicides. They are erupting.” The groups and factions comprising the victims and killers include government supporters or protesters, militias, religious and ethnic groups, armies, and terrorist organizations. Which side they fall on varies by region.