The Future of International Criminal Evidence in New Wars? The Evolution of the Commission for International Justice and Accountability (CIJA)

This article explores the intellectual formation of the Commission for International Justice and Accountability (CIJA). It illuminates how the development of the CIJA was an attempt by state and non-state actors to affect the course of international criminal justice in Syria and Iraq. First, this article argues that the CIJA was the result of four factors: the UK Foreign Office’s desire to support human rights activists in Syria; lessons learned from previous international criminal tribunals; attempts by non-state legal practitioners to invent new ways to overcome the gaps and limitations of the international criminal justice system; and the willingness of Syrian civil society to risk their lives and use the law to hold those responsible for mass atrocities to account. Second, the article argues that as non-state actors with a focus on evidence management, the CIJA may represent an innovative approach to investigating mass atrocities, particularly for activists and civil society actors who wish to play a role in evidence management in new wars. Lastly, it shows how the CIJA may work in parallel with international mechanisms, such as the International Criminal Court (ICC) and other inter-state actors, to collect evidence of war crimes, crimes against humanity, and genocide in new wars, particularly when the ICC is unable to do so. This study combines qualitative research with empirical analysis and draws on a range of primary and secondary sources, including a number of interviews conducted with CIJA personnel, former ICC practitioners, and other practitioners in international criminal law.     

From heaven to hell in ten days: the genocide trial in Guatemala

ABSTRACT

Latin America leads the world in efforts to prosecute perpetrators of gross violations of human rights in domestic courts. Domestic justice offers a number of advantages to international and hybrid tribunals: proceedings take place in close proximity to the site of the atrocities, facilitating victim participation; they are directed by domestic prosecutors and judges, thus contributing to local buy-in; and they can strengthen rule of law and legitimize fragile transitional democracies. The case of Guatemala appears to contradict such arguments, however, given the overturning of the landmark conviction of former dictator José Efraín Ríos Montt on charges of genocide and crimes against humanity and the ongoing impasse of the proceedings. Drawing on the author’s work as an international observer to the genocide trial, interviews with those directly involved in the case, and comparative research on human rights trials in Latin America, this article suggests an alternative reading. By situating the genocide trial in relation to the broader transitional justice process in Guatemala and in the region more broadly, it argues that current setbacks should be viewed as a backlash to initial transitional justice success that is neither unexpected nor fatal to the accountability process. Second, the article argues that the genocide case is illustrative of a victim-centred approach to human rights prosecutions that hold important lessons for transitional justice theory and practice, and examines the way in which victims of sexual violence were incorporated into prosecutorial strategies and helped to prove that a genocide had taken place in Guatemala. Finally, the article argues that despite the undoing of the genocide verdict, the very fact that the trial took place is historically and politically significant, both for survivors and for the construction of collective memory in Guatemala and Latin America as a whole.     

The effect of economic sanctions on the severity of genocides or politicides

This study examines the effect of economic sanctions on the severity of ongoing instances of genocide or politicide. Research suggests that sanctions exacerbate human rights conditions, yet influential policymakers, human rights advocates and some scholars continue to call for economic sanctions to mitigate ongoing atrocities. Ordered logit analyses of genocides and politicides from 1976 to 2008 reveal that sanctions neither aggravate atrocities, as some of the academic literature expects, nor alleviate them, as assumed by many policymakers and advocates (and some researchers). These findings hold regardless of whether they are measured as the number or presence of sanctions, cost, level of comprehensiveness, duration or whether imposed or administered by an international organization. Threats of sanctions also have no effect on atrocity severity, either on their own or combined with other policy options.     

“Genocide is Fascism in Action”: Aron Trainin and Soviet Portrayals of Genocide

ABSTRACT

This article examines the Soviet legal scholar Aron Trainin’s evolving writings on international law. Initially, Trainin formulated aspects of his concept of “crimes against peace” as a sort of Soviet alternative to Raphael Lemkin’s crimes of barbarity and vandalism. Crimes against peace both converged with the larger international movement to outlaw aggressive war, provided a Soviet alternative to proposed international crimes that they believed would threaten Soviet sovereignty, and provided a Soviet response to Lemkin’s proposals to outlaw mass killings. During World War II, Trainin articulated the Nazi extermination of the Jews as “crimes against peaceful civilians,” linking the Nazi atrocities to his concept of crimes against peace. Trainin’s concept of “crimes against peaceful civilians” encompassed the atrocities of the Holocaust while also asserting that the Soviet experience of the war – most notably Soviet sacrifice and suffering – meant that the Soviets should determine how international criminal law punished the war’s perpetrators. After World War II, when it became clear that genocide, rather than “crimes against peace” or “crimes against peaceful civilians,” was becoming the primary concept in international law to understand mass killings, Trainin portrayed the concept of genocide according to the perspective of Soviet propaganda, opposing an international criminal court for genocide, supporting the concept of cultural genocide, and portraying genocide as an inevitable outcome of capitalism. At the same time, Trainin and the Soviets never abandoned his concept of “crimes against peace,” portraying capitalism as inherently bound up with war and genocide. Trainin was the most significant genocide scholar in the Soviet Union, and his work exemplifies both the ways in which Soviet approaches to international law converged with other approaches, and the ways in which the Soviet Union diverged from non-Soviet international law.     

The Ríos Montt case and universal jurisdiction

ABSTRACT

This article analyses the inter-relationship of developments in international justice and the prosecution of Efraín Ríos Montt for the crime of genocide in Guatemala. International justice processes, particularly concerning the application of ‘universal jurisdiction’, contributed to the advancement of the case against Ríos Montt, in Spain and Guatemala. In turn, the prosecution of Ríos Montt influenced the interpretation and application of universal jurisdiction, with ramifications beyond the Guatemalan case itself. The article traces the prosecution for genocide of Efraín Ríos Montt in the Spanish National Court, and situates this particular case within broader currents and networks associated with prosecuting grave violations of human rights. The prosecution of Ríos Montt demonstrates that, rather than a simple case of global norms trickling ‘down’ to the (lower) local level, mutually constituted activities of the global and the local continually shape each other. The interconnections of national and transnational processes were key to the prosecution of genocide in Guatemala.     

Humanitarianism,genocide and liberalism

The international response to genocide and human rights violations has received increasing attention by scholars in the humanities and social sciences. This article explores the history of the response to mass atrocity by assessing recent work on humanitarianism as an idea and in practice in the West. It argues that the impulse to defend the rights of others historically has been tied up with geopolitical and imperial concerns that shaped European politics. The current embrace of the responsibility to protect, or ‘R2P’, and debates over whether or not to recognize and prosecute perpetrators of past atrocities from the Armenian genocide to Rwanda remain embedded in this longer history of humanitarianism and geopolitics. As recent work on humanitarian intervention, the anti-slavery movement and humanitarianism and foreign policy demonstrates, the pressing need to understand the response to atrocity has called scholars to more fully participate in the contemporary conversation over human rights by exploring its roots in humanitarian practices of the recent and not so recent past. Understanding the history of humanitarianism as it connects both with the history of human rights and liberal ideals offers an important way of reassessing the role of the nation-state and international institutions in responding to human rights crisis. The article concludes by suggesting that scholars move away from the question of the origin of human rights as an idea to focus on historicizing the response to humanitarian crisis in order to problematize the story of the rise of western-led human rights regimes.     

On the Side of Light: Performing Morality at Rwanda’s Genocide Memorials

Abstract

In Rwanda, numerous memorials have arisen to remember the 1994 genocide and its victims. This paper considers the effect of the national genocide memorials on Western tourist visitors, in the context of research on ‘dark tourism’ and Western attitudes toward death and the dead. It draws on the idea that, in a Western context, viewing the remains of violent death can be a kind of ‘soft murder’, and on the concept that the act of witnessing violence creates a community of witnesses implicated in that violence. Western visitors to Rwandan genocide memorials therefore form a community, and their responses are guided by a set of community rules regarding behaviour and experiences during and after the visit. These rules, this paper argues, are rooted in pressures to assert oneself as a properly moral individual through performing morality in a morally ambiguous setting.     

Genocide as Fact and Form

ABSTRACT

In June 2019 Canada's National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report. This short Reflection focuses on the National Inquiry's supplementary legal analysis, which concerns the law of genocide. I contend that this analysis is correct in holding that the murder and disappearance of large numbers of Indigenous women, girls, and other persons ought to be understood as an ongoing crime facilitated by specific policy choices, legal decisions, and socio-economic structures. I also contend that the systemic, recurrent, and large-scale nature of this crime is best captured by the term “genocide.” I argue that formal legal definitions of “genocide” such as the one offered in the 1948 Genocide Convention, though conceptually clunky, historically contingent, and politically inadequate, are key to illuminating some of the structural forces underlying and animating a range of events that may otherwise appear unrelated. Genocide, the ultimate collectivist crime, is a concept of preponderantly legal origin, which means that serious consideration must be given to its specifically legal definition when trying to determine whether it is justifiable or appropriate to apply it to a given social phenomenon. Its standard legal definition may be unable to do justice to the specificities of different modes of group violence, but its abstract generality is also what enables those who employ it to highlight the intrinsically systemic character of such destruction. Ultimately, I suggest that Canada's genocide “debate” turns on the relation between “law” and “society”—the question, that is, of how precisely a legal definition is to be interpreted and applied under different, and often rapidly changing, social conditions.     

A research agenda for the economic study of genocide: signposts from the field of conflict economics

In the field of conflict economics there is surprisingly little research on genocide and mass killing relative to war and terrorism, which I call the ‘genocide gap’. This article critically evaluates the potential for scholarship in conflict economics to help fill the gap with new research on economic aspects of mass atrocities. The article begins with an overview of the principal subject matter and methodologies of conflict economics and key interdependencies between economics and conflict. Relatively new civilian atrocity datasets and trends are then evaluated followed by a critical assessment of empirical economic risk factors for mass atrocities. The remainder of the article points to how three richly researched areas in conflict economics can serve as signposts for new quantitative research on economic aspects of genocide and mass killing. The three signposts critically assessed are: (1) empirical study of economic risk factors for civil wars; (2) promise and limits of rational choice theory; and (3) economic consequences of civil wars. This analysis is complemented by a tentative discussion of economic insights derived from a foundational work in genocide studies, Raphael Lemkin's Axis rule in occupied Europe, that could profitably serve as the foundation for future research on the economic study of genocide.     

The effects of diplomatic sanctions and engagement on the severity of ongoing genocides or politicides

This study tests the effects of diplomatic sanctions and engagement on reducing the severity of ongoing instances of genocide or politicide. I argue that neither diplomatic measure will be effective in slowing or stopping the killing. I argue that diplomatic sanctions merely reduce the flow of information without credibly signalling intent or commitment, while diplomatic engagement does not challenge perpetrators. Neither policy raises the costs of perpetrating genocide or politicide. Therefore, neither is expected to be useful in mitigating ongoing atrocities. Ordered logit analyses of ongoing genocides and politicides from 1976 to 2008 confirm these assumptions, and demonstrate that changing levels of diplomatic representation with atrocity perpetrators may make policymakers feel like they are ‘doing something’, but does little to reduce the lethality of ongoing mass killing. Under one set of circumstances, increased engagement even exacerbates the atrocities.     

Setting the agenda for evidence-based research on ending mass atrocities

The question of how mass atrocities end has been dominated by a normative approach regarding how they ought to end. Arguing that an evidence-based approach to terminate mass atrocities might offer profound insights into theories of mass atrocities as well as policies designed to prevent or end their occurrence, this article outlines the key questions and approaches needed for an evidence-based study of atrocity endings. It draws on theories of genocide, political violence and civil war termination, and presents initial insights from case studies, including the killing of civilians in colonial German Southwest Africa, the Soviet Union, the Nigerian civil war, the Guatemalan civil war, the Nuba Mountains of Sudan and Bosnia-Herzegovina.     

Donor‐Driven Justice and its Discontents: The Case of Rwanda

Never before was a process of doing justice driven so strongly from the outside as in post‐genocide Rwanda. Not only did the 1994 genocide lead to the founding of the International Tribunal, but it also induced intensive donor involvement in domestic attempts to ‘break the cycle of hatred’— from the work done by the national courts and the Unity Commission to the gacaca. In this sense, Rwanda became the forerunner of a much wider trend, towards a judicialization of international relations, for instance through an emphasis on international criminal law. However, the past decade of donor involvement in Rwanda in general, and the case of the gacaca in particular, show us how this specific — technocratic, de‐contextualized — emphasis on justice might seem innocuous at first glance, but carries dangers within it, particularly if it takes place in an increasingly autocratic and oppressive political environment like that of contemporary Rwanda.     

Is the Philippine “War on Drugs” an Act of Genocide?

Since the newly elected Philippine president Rodrigo Duterte took office in June 2016, more than 7,000 deaths have been linked to his ongoing “war on drugs.” Despite international condemnation of extrajudicial and vigilante killings, the statistics show no sign of slowing down and the administration remains firm in eradicating people engaged in illegal drugs. This article inquires whether the Philippine “war on drugs” is an act of genocide using Gregory H. Stanton’s stages of genocide. Based on data drawn from news articles, policy issuances, government briefings, public speeches and available drug-related statistics, this article argues that Duterte’s rhetoric and policies satisfy the stages of classification, symbolization, dehumanization, organization, polarization, preparation, extermination and denial. The analysis in this article hopes to send a message to the international community, civil society and the Philippine government that the human rights situation related to the “war on drugs” in the Philippines needs to be addressed immediately. It also aims to demonstrate the utility of Stanton’s stages in identifying early warning signs of genocide.     

The Relationship Between Teaching and Research in Australian Geography

This paper considers how higher education geography is a discipline that can make a significant contribution to addressing inequality and engaging with the agenda for social change. It adopts the view that the teaching of geography can promote social transformation through the development of knowledge, skills and values in students that encourage social justice and equity. The paper explores how teaching about social transformation is closely interlinked with teaching for social transformation and considers some of the pedagogical approaches that might be used to achieve these. It considers how the lack of diversity of higher education geography teachers impacts on these issues before moving on to consider how the nature of different higher education systems supports or constrains geographers' abilities to teach for social transformation. Finally, the paper ends by asking individuals and geography departments to consider their commitment to teaching for social transformation.     

The limits of oral history: ethics and methodology amid highly politicized research settings

In recent years, oral history has been celebrated by its practitioners for its humanizing potential, and its ability to democratize history by bringing the narratives of people and communities typically absent in the archives into conversation with that of the political and intellectual elites who generally write history. And when dealing with the narratives of ordinary people living in conditions of social and political stability, the value of oral history is unquestionable. However, in recent years, oral historians have increasingly expanded their gaze to consider intimate accounts of extreme human experiences, such as narratives of survival and flight in response to mass atrocities. This shift in academic and practical interests begs the questions: Are there limits to oral historical methods and theory? And if so, what are these limits? This paper begins to address these questions by drawing upon fourteen months of fieldwork in Rwanda and Bosnia-Hercegovina, during which I conducted multiple life history interviews with approximately one hundred survivors, ex-combatants, and perpetrators of genocide and related mass atrocities. I argue that there are limits to the application of oral history, particularly when working amid highly politicized research settings.     

Dithering over Darfur? A preliminary review of the international response

The extreme violence against civilian communities in the Sudanese province of Darfur has coincided with the tenth anniversary of the Rwandan genocide. This article makes a preliminary assessment of the international response to Darfur to see how it compares to the denial and delay of ten years ago. The slow evolution of the international community's response is charted from early Chadian efforts at mediation in 2003, the eventual involvement of the UN Security Council in July 2004, the increasing role of the African Union and the US government's conclusion in September 2004 that the violence constitutes genocide. The international community has certainly been too slow and divided in its response in the face of competing political priorities. There were also significant misgivings about a US-led military intervention and considerable Sudanese intransigence and diplomatic skill. Nevertheless, there are important signs that key parts of the United Nations and the international community have worked with a definite post-R wanda consciousness. Important developments have also been made in combining humanitarian and political negotiation while a committed African Union is now in a position to make a real difference. Although late to gather force, international political will and US leadership have been strong. But, like many tragedies before it, Darfur shows that political will is not enough. The choices facing even the most wilful politicians still remain intensely difficult and 'doing something' is not as easy as most NGO press releases imply.     

Why insurgents kill civilians in capital cities: A disaggregated analysis of mechanisms and trends

Research into the causes of violence against civilians has increased significantly in recent years, yet the mechanisms governing spatial patterns of victimization remain poorly understood. My investigation explores if and why one specific locality, capital cities, experiences a higher frequency of violence against civilians perpetrated by armed insurgent organizations. I argue that the political value associated with capitals allows these groups to asymmetrically impose higher costs on the regime by targeting civilians in these localities. I lay out and validate three specific mechanisms to explain this pattern: elite coercion, popular intimidation, and international persuasion. In the first scenario insurgents aim to influence domestic elites directly. In the second, they aim is to affect domestic civilians’ resolve. In the third, they seek to influence international audiences. Using new geolocated global atrocities data for the years 1996–2009, I evaluate this linkage by employing different methodological approaches and accounting for potential reporting biases. Finally, I show that ethnic and secessionist wars are more likely to experience atrocities in the capital compared with other conflicts. The findings illustrate potential benefits from explaining the temporal and spatial variation in violence by insurgents, with a focus on strategic conditions and power asymmetries.     

Apartheid cartography: the political anthropology and spatial effects of international diplomacy in Bosnia

International diplomacy has been one of a number of practices which have performatively constituted “Bosnia” as a particular place with specific people, so that it could be rendered as a problem requiring a particular solution. Even when, as in the case of the Dayton accords, negotiators claim they have desired the reintegration of Bosnia, their reliance on a powerful set of assumptions about identity, territoriality and politics—a particular political anthropology—has meant the ethnic partition of a complex and heterogeneous society is the common product of the international community's efforts. Paying attention to the role of cartography, this paper explores the apartheid-like logic of international diplomacy's political anthropology, the way this logic overrode non-nationalist options and legitimised exclusivist projects during the war, and considers the conundrum this bequeaths Bosnia in the post-Dayton period as a number of significant local forces seek to overcome division.This article is accompanied by a web-site which presents the relevant maps from the periods of international diplomacy discussed here, along with a further commentary. Referred to in the article as Campbell (1999), this web-site can be accessed at http://www.newcastle.ac.uk/~npol/maps/bosnia     

Rethinking Cultural Genocide: Aboriginal Child Removal and Settler‐Colonial State Formation

This paper examines the use of the concept of cultural genocide to understand one particular episode in Australian legal, political and social history, the removal of Aboriginal children from their families, mostly during the 20th century. After outlining the approach of Australian courts to the idea of cultural genocide, the paper examines the construction of the UN Genocide Convention, particularly the clause concerning the forcible removal of children, which illustrates the underlying instability of the boundary between a cultural and a physical understanding of genocide. It then explores how this instability was manifested in the development of early 20th century Australian legislation concerning the ‘protection’ of Aborigines, indicating the underlying racially‐oriented coerciveness of conceptions of Aboriginal ‘welfare’, and concludes by reflecting on the wide range of ways in which the concept of genocide can and should be used, especially in capturing the experience of Indigenous peoples under settler‐colonialism.     

Genocide documentary as intervention

Gifted filmmakers such as Joshua Oppenheimer, director of The act of killing, are attempting to use the power of documentary to provoke social and political change in post-conflict settings. What roles do interventionist filmmakers play in processes of national reconciliation and transitional justice? Can The act of killing really be a catalyst for change in Indonesia? This article contends that the genocide documentary is a form of antagonistic intervention that warrants systematic and critical re-evaluation. It holds that claims regarding the remedial impact of documentaries such as The act of killing are difficult to substantiate, the main problem being attribution, cause and effect. Intervention in the mind of the director seems to follow the logic of a synchronous circuit, where trauma based on revealed truth leads to transitional justice. Each component in the circuit has a corresponding political argument. This article will examine three interrelated arguments linking genocide documentary and political intervention: (1) re-traumatization, (2) power-laden truths and (3) the narrowing of impunity gaps. This article contributes to debates about genocide and intervention by presenting evidence from Indonesia, including rare interviews with the protagonists in Oppenheimer's award-winning film, surveys of Indonesian audiences and data gathered from a global online petition as well as Chinese microblogs in order to better understand how audiences respond to genocide documentaries and why it is so difficult to generate political action outside the theatre.