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The Politics of Genocide
Beginning with the negotiations that concluded with the unanimous
adoption of the United Nations Convention on the Prevention and
Punishment of the Crime of Genocide on December 9, 1948, and
extending to the present day, the United States, Soviet
Union/Russia, China, United Kingdom, and France have put forth
great effort to ensure that they will not be implicated in the
crime of genocide. If this were to fail, they have also ensured
that holding any of them accountable for genocide will be
practically impossible. By situating genocide prevention in a
system of territorial jurisdiction; by excluding protection for
political groups and acts constituting cultural genocide from the
Genocide Convention; by controlling when genocide is meaningfully
named at the Security Council; and by pointing the responsibility
to protect in directions away from any of the P-5, they have
achieved what can only be described as practical impunity for
genocide. The Politics of Genocide is the first book to
explicitly demonstrate how the permanent member nations have
exploited the Genocide Convention to isolate themselves from the
reach of the law, marking them as \"outlaw states.\"
eBook
A 'synchronised attack' on life: the Saudi-led coalition's 'hidden and holistic' genocide in Yemen and the shared responsibility of the US and UK
Since the Saudi-led coalition (Coalition) began its military campaign in Yemen in March 2015, upwards of 13,000 Yemen civilians have been killed, including nearly 2000 women and 3000 children. Additionally, Coalition aerial attacks have intentionally targeted Yemen's civilian infrastructure, economic infrastructure, medical facilities and cultural heritage. Combined with the ongoing air and naval blockade, which has impeded the ability of Yemenis to access clean water, food, fuel and health services, the violence visited upon Yemen has created near-famine conditions. Furthermore, United Nations Children's Fund (UNICEF) predicts another imminent outbreak of cholera, with the potential to be as deadly as last year's which infected more than one million children and killed a child every 10 minutes. Through engagement with genocide studies literature, this article applies a holistic conception of genocide to the Coalition military campaign. It finds that the Coalition is conducting an ongoing campaign of genocide by a 'synchronised attack' on all aspects of life in Yemen, one that is only possible with the complicity of the United States and United Kingdom.
Journal Article
The Politics of Genocide
Beginning with the negotiations that concluded with the unanimous
adoption of the United Nations Convention on the Prevention and
Punishment of the Crime of Genocide on December 9, 1948, and
extending to the present day, the United States, Soviet
Union/Russia, China, United Kingdom, and France have put forth
great effort to ensure that they will not be implicated in the
crime of genocide. If this were to fail, they have also ensured
that holding any of them accountable for genocide will be
practically impossible. By situating genocide prevention in a
system of territorial jurisdiction; by excluding protection for
political groups and acts constituting cultural genocide from the
Genocide Convention; by controlling when genocide is meaningfully
named at the Security Council; and by pointing the responsibility
to protect in directions away from any of the P-5, they have
achieved what can only be described as practical impunity for
genocide. The Politics of Genocide is the first book to
explicitly demonstrate how the permanent member nations have
exploited the Genocide Convention to isolate themselves from the
reach of the law, marking them as \"outlaw states.\"
eBook
Redefining the Crime of Genocide for Reasons of State
Chapter 1 showed that the adopted text of the Genocide Convention is firmly rooted in a system of territorial preventive jurisdiction. Indeed, any language that would have contributed to even a minimal erosion of state sovereignty rights by the Genocide Convention was removed from the text of the treaty and prevented from being reinserted during the negotiating process. P-5 members held conflicting positions on whether genocide ought to be understood in all cases as a threat to international peace and security, which would have situated both interstate and intrastate cases within the Security Council’s purview. Because the Cold War was
Book Chapter
Introduction
At its inception, the United Nations was designed in a way that belies the organizational principle of the “sovereign equality” of all of its members.¹ Evidence of this can be found not only in the fact that there is a Security Council that is akin to an “elite club”² but also in the fact that the power vested in its permanent members, as insisted upon by them, makes them “the ruling oligarchy of the United Nations.”³ The Security Council institutionalizes a difference in status between its members and nonmembers. It also institutionalizes differences in status between its permanent members and
Book Chapter
Territorializing Prevention of Genocide
A little more than twenty-five years ago, the United States Office of the Secretary of Defense circulated a discussion paper on Rwanda. Dated May 1, 1994—approximately three weeks into the genocide of Tutsi in Rwanda—the now-infamous discussion paper stressed, “Be Careful. Legal at State was worried about this yesterday—Genocide finding could commit USG [United States Government] to actually ‘do something.’ ”¹ Perhaps more than any other event since the Genocide Convention was adopted in 1948 and entered into force in 1951, the genocide in Rwanda, together with the political response that unfolded at the United Nations Security
Book Chapter
The ICJ as Enabler of State Impunity for Genocide
The first two chapters showed how P-5 members worked to eliminate aspects of the Genocide Convention that could have implicated them in the commission of genocide and undermined their absolute control over their territory. Therefore, up to the point at which the Genocide Convention was adopted by the General Assembly and entered into force, the P-5 had successfully acquired the ability to act with almost full impunity as related to the law against genocide by ensuring territorial jurisdiction for the prevention of genocide, omitting political groups from protection, and excluding acts that constitute cultural genocide. However, the ability to submit
Book Chapter
The Responsibility to Protect and P-5 Impunity
Chapters 1 and 2 showed how P-5 members ensured that elements included in the early drafts of the Genocide Convention that were counter to their interests were excluded from the text adopted by the General Assembly in December 1948. Using their significant influence, the United States and the Soviet Union took different, though parallel, tracks to ensure that the prevention of genocide rested exclusively with the state on whose territory the crime was being committed. In addition to territorial jurisdiction, the United States and the Soviet Union also worked to ensure that the types of genocide they had committed, were
Book Chapter
The P-5 and Discretionary Nonapplication of the Genocide Convention
Security Council deliberations play a unique role in defining the events under that body’s consideration. How events are defined at the Security Council also determines what, if any, U.N. response there will be. As discussed in previous chapters, this is because the Security Council holds the authority under Chapters VI and VII of the United Nations Charter to decide what noncoercive and coercive measures are suitable for responding to the events in question. Moreover, the P-5 exert a level of influence over Security Council deliberations unmatched by that of the nonpermanent members through the soft power they wield, as well
Book Chapter