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Speeding Up the International Community's Response Time in Addressing Acts of Genocide: Deferring to the Judgment of Nongovernmental Organizations

Published online by Cambridge University Press:  28 February 2019

Abstract

Although the United Nations’ 1948 Genocide Convention was a well-intentioned step toward ending genocide, acts of genocide have continued since its ratification. This paper suggests that because genocide is widely considered to be the most horrific of all crimes, the leaders of the international community owe it to their constituents to put some teeth in the Genocide Convention by increasing the speed with which acts of genocide are identified and eradicated. In order to speed up the international community's response time in stopping existing situations of genocide, this paper asserts that certain specified international human rights non-governmental organizations (NGOs) should be given the designated role of identifying genocide and related acts. Such a designation would then initiate, within the U.N. system itself, appropriate action to stop these genocidal acts.

This paper examines the relevant statutory provisions and precedents for significant NGO involvement within the United Nations (UN) system. I also discuss several practical concerns associated with granting deference to NGOs and evaluate the degree to which such concerns may be refutable or compelling. This paper explores the moral and pragmatic values of creating a new system to identify cases of genocide, in the hope that the “never again” mentality that permeated the original drafting of the Genocide Convention can finally be given some force.

Type
Articles
Copyright
Copyright © 2006 by the International Association of Law Libraries 

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References

1 See Mary Robinson, U.N. High Commissioner for Human Rights, Address at Fordham University School of Law, Nov. 4, 1999.Google Scholar

2 Members of these four subgroups (national, ethnical, racial, and religious) are explicitly included within the ambit of the Genocide Convention. See Convention on the Prevention and Punishment of the Crime of Genocide, Dec. 9, 1948, 102 Stat. 3045, 78 U.N.T.S. 277, art. 2 [hereinafter Genocide Convention].Google Scholar

3 Peter Balakian, The Burning Tigris: The Armenian Genocide and America's Response 175–180 (HarperCollins 2003).Google Scholar

4 Anna Melnichuk, Ukraine Marks Famine That Killed Millions, associated Press, Nov. 22, 2003.Google Scholar

5 Iris Chang, The Rape of Nanking: The Forgotten Holocaust of World War II 99–104 (BasicBooks 1997).Google Scholar

6 The Website of the United States Holocaust Museum (Holocaust Museum), The Holocaust Encyclopedia, available at http://www.ushmm.org/wlc/en/indes.php?lalng=en&ModuleId=10005143 (accessed Feb. 5, 2006).Google Scholar

7 Holocaust Museum, supra note 6, The Committee on Conscience, available at http://www.ushmm.org/conscience/history/ (last visited Feb. 5, 2006).Google Scholar

10 See The Jewish Virtual Library: A Division of the American-Israeli Cooperative Enterprise, Nuremberg Trial Proceedings – Indictment: Count Three, available at http://www.jewishvirtuallibrary.org/jsource/Holocaust/Count3.html (last visited Feb. 3, 2006).Google Scholar

11 Genocide Convention, supra note 3.Google Scholar

12 Strobe Talbott, Defanging the Beast (U.S. policies supported the Pol Pot activities in Kampuchea), Time, Feb. 6, 1989, at 40.Google Scholar

13 Ross Herbert, Slaughter's Fifth Anniversary Remembered: 800,000 were slain in genocide of ‘94, The Washington Times, July 5, 1999, at A11.Google Scholar

14 The Website for The History Place, Genocide in the 20th Century, Rwanda 1994, available at http://www.historyplace.com/worldhistory/genocide/rwanda.htm (last visited Feb. 5, 2006).Google Scholar

15 William Drozdiak, Milosevic to Face Genocide Trial For Role in the War in Bosnia; Yugoslav Ex-Leader First Head of State to Be So Charged, Washington Post, Nov. 25, 2001, at A22.Google Scholar

16 Genocide Convention, supra note 3, at preamble.Google Scholar

17 For a discussion of the second prong of this recommendation, see Joshua M. Kagan, Comment, The Obligation to Use Force to Stop Acts of Genocide: An Overview of Legal Precedents, Customary Norms, and State Responsibility, 7 San Diego Int'L L. J. (forthcoming May 2006).Google Scholar

18 Genocide Convention, supra note 3, at art. 3.Google Scholar

21 Genocide Convention, supra note 3, at art. 4.Google Scholar

22 Genocide Convention, supra note 3, at art. 5.Google Scholar

25 U.N. Charter, art. 39; U.N. Charter, art. 41; see Prosecutor v. Tadic, Jurisdiction Appeal, ICTY, Case No. IT-94-1-AR72 (1995).Google Scholar

26 The International Criminal Tribunal for Rwanda was created by U.N. Security Council Resolution 955 of November 8, 1994. S.C. Res. 955, U.N. Doc. S/RES/955 (Nov. 8, 1994).Google Scholar

27 The International Criminal Tribunal for the Former Yugoslavia was created by U.N. Security Council Resolution 827 of May 25, 1993. S.C. Res 827, U.N. Doc. S/RES/827 (May 25, 1993).Google Scholar

28 See Genocide Convention, supra note 3, at art. 6.Google Scholar

29 Rome Statute of the International Criminal Court, July 17, 1998, 2187 U.N.T.S. 90 [hereinafter Rome Statute]Google Scholar

31 Id at art. 5.Google Scholar

32 See id. at art. 6.Google Scholar

33 Id. at art. 12(1).Google Scholar

34 Id. at art. 12(3).Google Scholar

35 Id. at art. 12(2)(a).Google Scholar

36 Id. at art. 12(2)(b).Google Scholar

37 Id. at art. 13(a).Google Scholar

38 Id. at art 13(b).Google Scholar

39 Id. at art. 13(c).Google Scholar

40 See The Website for The History Place, Genocide in the 20th Century, Rwanda 1994, supra note 20.Google Scholar

41 Id. at The Nazi Holocaust, 1938–1945, available at http://www.historyplace.com/worldhistory/genocide/holocaust.htm (last visited Feb. 5, 2006).Google Scholar

42 Id. at Stalin's Forced Famine, 1932–1933, available at http://www.historyplace.com/worldhistory/genocide/stalin.htm (last visited Feb. 5, 2006).Google Scholar

43 Laura Silber, Anxious Croats Watch and Wait, Expecting the Worst, Financial Times (London), Aug. 5, 1991, at 2.Google Scholar

45 Bloodbath Feared as Croats Desperately Seek Surrender; Vukovar Falls After 3 Months of Fighting; 1,000 Casualties, Houston Chronicle, Nov. 18, 1991, at A7.Google Scholar

46 Georgie Anne Geyer, U.N. Intervention Too Late; European City of Vukovar Drew Wrath of the Serbs, Washington Times, August 11, 2002.Google Scholar

48 See United Nations Security Council Resolution 780, S.C. Res. 780, U.N. Doc. S/RES/780 (Oct. 6, 1992).Google Scholar

50 United Nations Security Council Resolution 827, S.C. Res. 827, U.N. Doc. S/RES/827 (May 25, 1993).Google Scholar

51 Karin Davies, Annan: UN Lacked Members’ Support to Prevent Rwandan Genocide, Associated Press Online, May 4, 1998.Google Scholar

52 See Annan Knew of Genocide, Report Says, atlanta journal & Constitution, May 4, 1998, at A7.Google Scholar

53 United Nations Security Council Resolution 935, S.C. Res. 935, U.N. Doc. S/RES/935 (July 1, 1994).Google Scholar

54 See Alain Destexhe, The Third Genocide (Rwanda), 97 Foreign Policy, Dec. 22, 1994.Google Scholar

55 The tribunal was officially named “The International Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighboring States, between 1 January 1994 and 31 December 1994.” See United Nations Security Council Resolution 1168, S.C. Res. 1168, U.N. Doc. S/RES/1168 (May 21, 1998).Google Scholar

56 Rome Statute, supra note 43.Google Scholar

57 Rome Statute, supra notes 49–51.Google Scholar

58 See Bloodbath Feared, supra note 59; See S.C. Res. 780, supra note 62 (Vukovar fell on November 18, 1991, and the Security Council passed Resolution 780, establishing a Commission of Experts, on October 6, 1992).Google Scholar

59 See Davies, supra note 65; See S.C. Res. 935, supra note 67 (Dallaire sent his fax to the U.N. on January 11, 1994, and the Security Council passed Resolution 935, establishing a Commission of Experts, on July 1, 1994).Google Scholar

60 See supra notes 54–57.Google Scholar

61 Richard O'Brien, More Than Words for Darfur, Washington Post, Oct. 26, 2004, at A25.Google Scholar

62 See Rice Mixes Tactics in Darfur Response; U.S. Backs U.N. Probe, Not Court, Washington Post, July 31, 2005, at A6.Google Scholar

63 Genocide Convention, supra note 3, at art. 8.Google Scholar

64 See U.N. Charter, art. 1.Google Scholar

65 Mat art. 71.Google Scholar

66 Id. at art. 62, para. 2.Google Scholar

67 Genocide Convention, supra note 74.Google Scholar

68 Rome Statute, supra note 51.Google Scholar

69 Rome Statute, at art. 15(2).Google Scholar

70 U.N. Charter, art. 71.Google Scholar

71 See ECOSOC Resolution 1996/31, 49th plenary meeting, 25 July 1996.Google Scholar

73 C. Alison McIntosh & Jason L. Finkle, The Cairo Conference on Population and Development: A New Paradigm?, 21 POPULATION & DEV. REV. 223, 223–260 (June 1995).Google Scholar

74 See Joakim Lie, Population, Progress … and ‘Peanuts”, U.N. CHRON., Sept. 22, 1999.Google Scholar

75 See The Website of the International Campaign to Ban Landmines, Campaign History, available at http://www.icbl.org/campaign/history?eZSESSIDicbl=143feb7820c22f114b84528dc2b237d5 (last visited Feb. 5, 2006).Google Scholar

76 See David Davenport, The New Diplomacy (Alliance of NGOs and Small and Medium Sized Nations), POLICY REVIEW, Dec. 1, 2002.Google Scholar

77 See The Website of the International Campaign to Ban Landmines, supra note 89, at Treaty Members, available at http://www.icbl.org/treaty/members (last visited Feb. 5, 2006).Google Scholar

79 Land-Mine Foes Celebrate Historic Day; Treaty Signing Begins, Without United States, SEATTLE POST-INTELLIGENCER, Dec. 4, 1997.Google Scholar

80 'There's Still Too Many,' NEWSWEEK, March 8, 1999, at 29.Google Scholar

81 The International Committee of the Red Cross Annual Report 2003, at 10, available at http://www.icrc.org/Web003.pdf?OpenElement (last visited Feb. 5, 2006) [hereinafter ICRC Annual Report 2003].Google Scholar

84 See id at 39.Google Scholar

85 See ICRC Annual Report 2003, supra note 95.Google Scholar

86 See The Website of the Campaign to End Genocide, The Need for Effective Early Warning Structures at the UN, available at http://www.endgenocide.org/cegew/index.htm (last visited Dec. 1, 2004).Google Scholar

87 ICRC Annual Report 2003, supra note 95, at 15. The ICRC opened a delegation in Rwanda in 1990. Prior to that time, the ICRC covered Rwanda from its regional delegation. The U.N. did not establish its Commission of Experts until it adopted Resolution 935 in July 1994.Google Scholar

88 See The Website of the International Committee of the Red Cross, History of the International Committee of the Red Cross, Volume 1: From Solferino to Tsushima available at http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList288/7A1390B93A4FE56BC1256DE80055ACD0 (last visited Feb. 5, 2006).Google Scholar

89 However, this assertion has been challenged even in the media. Journalist Ed Vulliamy has gone on record as saying, “I believe there are times in history – as any good Swiss banker will tell you – that neutrality is not neutral, but complicit in the crime.” See Ed Vulliamy, Comment, An Obligation to the Truth: Journalists should be prepared to risk their safety and testify at the International Criminal Court. The [London] Observer. May 19, 2002, at 30.Google Scholar

90 Ambassador Karl Kovanda, the United Nations representative from the Czech Republic in 1994 (at which time the Czech Republic was one of the non-permanent members of the U.N. Security Council), stated that he learned more about the genocide occurring in Rwanda from human rights groups in New York than from sitting in Security Council meetings. According to Kovanda, the U.N. officials whose duty it was to report to the Security Coucil had failed to describe the systematic slaughter that was occurring. See Briefing by Linda Melvern, March 11, 2002, United States Holocaust Memorial Museum available at http://www.ushmm.org/conscience/analysis/index.php?content=details.php%3Fcontent%3D2002-03-11%26menupage%3DCentral+Africa (last visited Feb. 5, 2006).Google Scholar

91 Talbott, supra note 18.Google Scholar

92 David Chandler, Pol Pot: Cambodia's Ruthless Dictator Cheated Justice, Dying Before He Could Answer for the Atrocities Committed During His Unrelenting Quest to Create a Rural Utopia, Time International, Aug. 23, 1999.Google Scholar

93 Steven R. Ratner, The Genocide Convention After Fifty Years, 92 Am. Soc'y Int'L L. Proc. 1, 5 (1998).Google Scholar

96 ICRC Annual Report 2003, supra note 95, at 39.Google Scholar

97 See The Website of the United States Holocaust Memorial Museum, Committee on Conscience, Sudan: Darfur Overview available at http://www.ushmm.org/conscience/alert/darfur/ (last visited Feb. 5, 2006).Google Scholar