by Denise Scotto, Esq

74 Years of the Genocide Convention

by Denise Scotto, Esq

Our most important task is to transform our consciousness so that violence is no longer an option for us in our personal lives, that understanding that a world of peace is possible only if we relate to each other as peaceful beings, one individual at a time.

Deepak Chopra, MD

Sustainable Development Goal 16 concerning Peace, Justice and Strong Institutions includes overlooked mechanism that many may not necessarily be aware. The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) together with the UN SG Special Advisor on the Prevention of Genocide are two significant ones. ICC is a permanent court that is up and running and has adjudicated atrocity claims in the Hague. Thereafter in 2005, the UN SG established the post of SA on the Prevention of Genocide, to ensure that there is an intermediary within the UN organization that can foreworn the SG and the greater UN system including the Security Council, to early warning signs of genocide and to promote for preventative steps.

The crime of genocide is defined by the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. Accountability is key in recognizing the deep human suffering, obtaining justice for the victims, in rebuilding public trust in the institutions discharging justice and security, preventing future crimes and by promoting reconciliation which contributes to establishing harmonious co-existence and a sustainable peace.

As former UN Under Secretary General and SG SA, Adama Dieng, wrote four years ago in an Op-ed commemorating the 70th Anniversary of the Genocide Convention, the Genocide Convention was “the first human rights treaty to be adopted by the United Nations General Assembly, on 9 December 1948, just three years after the birth of the United Nations. Its adoption was largely the result of the tireless efforts of one man, Raphael Lemkin who, after losing most of his family in the Holocaust, was determined to do what he could to make sure that this crime could never happen again. Some six million Jews were murdered in the Holocaust, one of the most devastating human tragedies of the twentieth century, as well as many others whom the Nazis considered “undesirable”. The Genocide Convention represents the United Nations commitment to the often quoted “never again”; a commitment to learn from and not repeat history.” In 2005, at the World Summit, all UN Member States took trailblazing action by committing to protect their peoples from genocide, war crimes, ethnic cleansing and crimes against humanity as well as to take collective action when States are unable or unwilling to do so. Today, this doctrine is known as, “the responsibility to protect” or R2P. In spite of all this, roughly 152 states have ratified the Genocide Convention. Given the circumstances of increased violence with the war in Europe and at least 27 armed conflicts around the globe, universal ratification has not been reached and remains a critical undertaking. It would underscore the Genocide Convention’s enduring importance as the legal standard for ensuring the punishment of this crime, in addition to its potential as a tool for prevention. Political will is critical to this achievement. As we look toward the 75th Anniversary of the Genocide Convention, let us move from words to deeds to accomplish universal ratification. The rule of law is primary. At the same time, we know from the experience in Rwanda, that reconciliation nation-wide is essential. This entails initiatives at the local level with the active participation by all members of the community. This provides the opportunity for healing the deep trauma of individuals as well as the collective society as a whole. It can also re-establish the dignity and worth of the human person and reinforces the universality of human rights.