Calling It Genocide

In a press statement yesterday, US Secretary of State John Kerry did what many human rights activists have been asking him to do for months: he called ISIS’s treatment of Christians and other religious minorities “genocide.” Kerry’s statement came as a surprise. For months, the State Department had been hinting that, although it believed that ISIS’s treatment of Yazidis qualified as genocide, it was not prepared to use that word to refer to the group’s treatment of Christians. In fact, as late as Wednesday, in response to a looming congressional reporting deadline, the State Department indicated it would need more time to decide what to do.

State had been reluctant to use the word “genocide” with respect to Christians for a few reasons—all of them bad. First, ISIS’s treatment of Christians was said to differ from its treatment of other religious minorities. In theory, ISIS, also known by its Arabic acronym, “Daesh,” allows Christians to remain unmolested as long as they pay the jizya  and comply with the other terms of the dhimma, the notional agreement that offers protection to “People of the Book.” By contrast, Yazidis, whom ISIS considers idolaters, receive no such protection. They must convert or die.

This distinction is specious. By contemporary human rights standards, the dhimma is quite oppressive. It’s silly to present it as a workable modus vivendi for religious minorities in the twenty-first century. Besides, as Nina Shea and others have documented, in practice ISIS routinely ignores the dhimma and engages in a systematic campaign of murder, rape, enslavement, and expulsion against Christians. Its activities, reminiscent of the last great wave of anti-Christian persecution in the region 100 years ago, clearly qualify as genocide as that term has come to be understood in contemporary law. ISIS manifestly aims “to destroy” Christians, “in whole or in part,” as a “religious group.”

Second, much of the evidence for genocide was said to remain hidden in ISIS-occupied territory, inaccessible to human rights observers. Without direct access, how could one be sure what was happening? It’s not necessary to be physically present, however, to know that ISIS is engaged in a campaign to drive out Christians (or murder them) and erase their culture. ISIS declares its intentions openly and makes videos to document its activities.

Finally, there was the longstanding worry that speaking out on behalf of Christians would appear sectarian and embarrass American goals in the region – and might actually work to Christians’ detriment. There is something to this. Mideast Christians often suffer from their association with Christians in the West. And Western intervention often occasions disaster for them (see: the Iraq War). But the situation is truly dire for Mideast Christians at the moment. Any marginal detriment would go unnoticed in the context of the overwhelming catastrophe they face.

Some may be inclined to dismiss the Secretary’s statement, but that would be wrong. True, in terms of legal consequences, the statement seems weak. “I am neither judge, nor prosecutor, nor jury with respect to the allegations of genocide, crimes against humanity, and ethnic cleansing by specific persons,” Kerry said. “Ultimately, the full facts must be brought to light by an independent investigation and through formal legal determination made by a competent court or tribunal.” Meanwhile, the United States will “collect, document, preserve, and analyze the evidence of atrocities,” and “do all we can to see that the perpetrators are held accountable.” In essence, he seems to be saying, the US will monitor the situation and refer for prosecution, either in the US or at an international tribunal, specific persons it determines to have engaged in genocide, and these people may eventually be convicted–assuming, of course, we can get our hands on them at all.

All this seems a bit remote. Candidly, ISIS’s leaders and operatives do not worry overmuch about legal process, in the US or elsewhere. Threatening to prosecute them is unlikely to deter them from their campaign to restore the caliphate. But law is not the most important criterion for judging Kerry’s statement. The statement has an important moral valence. “I hope,” Kerry said, “that my statement today will assure the victims of Daesh’s atrocities that the United States recognizes and confirms the despicable nature of the crimes that have been committed against them.” Moreover, by highlighting the gravity of the situation, the statement may make it easier for human rights advocates to lobby the US and international organizations to offer needed humanitarian and financial assistance to Christians and other religious minorities. It may make it easier to convince the US and other Western countries to offer asylum to Christian and other religious refugees.

Yesterday’s statement was a welcome development. Thanks must go, not only to Secretary Kerry, but to Representatives Jeff Fortenberry (R-NE) and Anna Eshoo (D-CA), who led a bipartisan effort in Congress to get the State to designate the treatment of Mideast Christians as genocide, as well as human rights activists like Shea, who worked tirelessly to keep this issue on the national agenda. For a long time, it has seemed that the suffering of Mideast Christians was not a priority for the US. Perhaps that has begun to change.

Christians, the State Department, and Genocide

syrian christians

Photo from The Guardian

At USA Today, columnist Kirsten Powers writes about the State Department’s apparent reluctance to refer to ISIS’s persecution of Iraqi and Syrian Christians as a genocide. The reluctance is puzzling. According to press reports, the Department is poised to declare a genocide ISIS’s persecution of another religious minority, the Yazidis. If Yazidis are the victims of genocide, she asks, why not Christians? The situation of these two persecuted minorities is quite similar.

Powers makes a very good point. The 1948 Genocide Convention defines “genocide” as, among other things, “deliberately inflicting on” a religious group “conditions of life calculated to bring about its physical destruction in whole or in part.” Obviously, what ISIS is doing to the Yazidis qualifies. So does what ISIS is doing to Christians. ISIS is driving Christians from their homes, seizing their property, and, quite often, killing them in the most horrible ways. How does that not qualify as a genocide?

Apparently, the State Department is hesitating because, unlike Yazidis, Christians have a way out. As “People of the Book” under classical Islamic law — which ISIS has purported to restore in its newly declared caliphate — Christians can choose to abide by the terms of the Dhimma, the notional contract that governs the treatment of Christians, Jews, and some other minorities. As dhimmis, Christians may remain in the new caliphate as long as they follow the rules – paying the jizya tax, for example, and accepting social subordination. (I detail the dhimmi restrictions ISIS has imposed on the Christian communities of Iraq and Syria here).

As Powers point out, however, on many occasions, ISIS has disregarded the dhimmi rules. Moreover, even at their best, the rules are punishing. The jizya is often set at a level where many Christians cannot pay it. These Christians have no choice but to leave. More fundamentally, how is it acceptable to tell religious minorities that things are comparatively good for them because they can “choose” to accept oppressive and demeaning treatment and manage to survive? Quite obviously, ISIS’s goal is to eliminate these ancient Christian communities. And it is largely succeeding: those Christians who can do so are fleeing. Some experts believe that Christianity will disappear from Iraq and Syria – places where Christians have lived the religion began – within one or two generations.

Last Friday, a group of Christian leaders, human rights advocates, and scholars sent a letter to Secretary of State John Kerry asking for a meeting on this question, at which they hope to persuade him that Iraqi and Syrian Christians, as well as Yazidis, should be included in any designation of a genocide. (Full disclosure: I am one of the signatories). Secretary Kerry has not yet responded.

Hudson Institute Posts Audio of Panel on Genocide

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L-R: Kiely, Boghjalian, La Civita, Movsesian

For those who are interested, the Hudson Institute has posted the audio from last week’s panel (above), “Genocide and Crimes against Humanity.” I was one of the presenters, along with Sarkis Boghjalian (Aid to the Church in Need) and Michael La Civita (Catholic Near East Welfare Association). Fr. Benedict Kiely moderated. The audio link is available here (first link).

UPDATE: Video is now available at the Hudson website.

Rayski, “The Choice of the Jews under Vichy”

This summer, the University of Notre Dame Press will release a translation P00978of The Choice of the Jews under Vichy: Between Submission and Resistance, by the late Adam Rayski. The publisher’s description follows:

“It is France that, along with Germany, has persecuted the most Jews.” Spoken at the beginning of 1943, this phrase was not a denunciation, but an unashamed assertion by André Lavagne, the chief of Marshal Pétain’s civil cabinet. Indeed, France’s leadership stood prominently among the governments of occupied Europe in its initiative and zeal in collaborating with the Nazis. Yet nearly three-quarters of the Jews living in France at the beginning of the war survived the “Final Solution.” How was this possible?

And what considerations motivated many prominent representatives of French Jewry, at least initially, to submit to the antisemitic measures of Vichy? Adam Rayski addresses these and other important questions in The Choice of the Jews under Vichy. He writes from the joint perspective of a historian and a participant in the events he describes. An organizer of the communist faction of the Jewish resistance in France, Rayski buttresses his analysis of war-era archival materials with his own personal testimony.

Based on extensive research into previously unpublished sources, including the archives of the military, the Central Consistory of French Jewry, police prefectures, and Philippe Pétain, Rayski clearly demonstrates the Vichy government’s role as an accomplice in the Nazis’ program of genocide. He also explores the sizeable pre-war divide between French-born and immigrant Jews. This manifested itself in cultural conflicts and mutual antagonism as well as in varied initial responses to the antisemitic edicts and actions of the Vichy government. Rayski reveals how these communities eventually set aside their differences and united to resist the Vichy-supported Nazi threat.

Although some French Jews did passively submit to the moves of the Vichy regime, Rayski provides evidence that many did not. With an informed account of the formation and actions of the French Jewish resistance, Rayski combats the clichéd image of Jews as victims. He also documents and describes the efforts and the absence of efforts of French Protestant and Catholic groups on behalf of their Jewish countrymen. Written for general readers and scholars alike, this book provides compelling insight into the story of French Jews during World War II.

 

Nettelfield & Wagner, “Srebrenica in the Aftermath of Genocide”

This month, Cambridge University Press releases Srebrenica in the Aftermath of 9781107000469Genocide, by Lara J. Nettelfield (University of London) and Sarah E. Wagner (George Washington University). The publisher’s description follows:

The fall of the United Nations “safe area” of Srebrenica in July 1995 to Bosnian Serb and Serbian forces stands out as the international community’s most egregious failure to intervene during the Bosnian war. It led to genocide, forced displacement, and a legacy of loss. But wartime inaction has since spurred numerous postwar attempts to address the atrocities’ effects on Bosnian society and its diaspora. Srebrenica in the Aftermath of Genocide reveals how interactions between local, national, and international interventions – from refugee return and resettlement to commemorations, war crimes trials, immigration proceedings, and election reform – have led to subtle, positive effects of social repair, despite persistent attempts at denial. Using an interdisciplinary approach, diverse research methods, and more than a decade of fieldwork in five countries, Lara J. Nettelfield and Sarah E. Wagner trace the genocide’s reverberations in Bosnia and abroad. The findings of this study have implications for research on post-conflict societies around the world.

Patterson, “Genocide in Jewish Thought”

This January, Cambridge University Press will publish Genocide in Jewish Thought by David Patterson (University of Texas- Dallas).  The publisher’s Genocide in Jewish Thoughtdescription follows.

Among the topics explored in this book are ways of viewing the soul, the relation between body and soul, environmentalist thought, the phenomenon of torture, and the philosophical and theological warrants for genocide. Presenting an analysis of abstract modes of thought that have contributed to genocide, the book argues that a Jewish model of concrete thinking may inform our understanding of the abstractions that can lead to genocide. Its aim is to draw upon distinctively Jewish categories of thought to demonstrate how the conceptual defacing of the other human being serves to promote the murder of peoples, and to suggest a way of thinking that might help prevent genocide.

Raphael Lemkin Was a Remarkable Man

When he died, roughly 50 years ago at the age of 59, Raphael Lemkin was impoverished and embittered, an unnoticed man. Only 7 people attended his funeral. Yet he was one of the most influential international human rights lawyers of the twentieth century. Lemkin, whom Jay Winter describes in a recent piece as a “one-man NGO,” coined the word “genocide” for the destruction of a national, ethnic, racial or religious group, and was the driving force behind adoption of the UN Genocide Convention of 1948.

He came up with the term “genocide” in reflecting on the massacres of Armenian Christians in Ottoman Turkey during World War I–events we now know as the Armenian Genocide–but he had an example closer to home as well. A Polish Jew, he lost about 50 relatives in the Holocaust, and himself escaped the Nazis only after taking a bullet in the hip. He made his way to America, where he joined the law faculty at Duke, wrote his most important book, Axis Rule in Occupied Europe, and worked, successfully, for adoption of the UN Convention.

What explains his bitterness and isolation at the end? Lemkin was a loner and a difficult man; that was part of it, no doubt. And he could surely see, as Winter writes, that naming a crime, even legislating against a crime, does not necessarily reduce its frequency. It’s hard to argue that the Genocide Convention has been a great success. Still, Lemkin’s career had a public impact which most of us, especially in the legal academy, would be proud to claim.

I reflect on all this because, this month, Yale University Press releases Lemkin’s unfinished autobiography, Totally Unofficial: The Autobiography of Raphael Lemkin, edited by historian Donna-Lee Frieze. It looks very interesting. Here’s the publisher’s description:

Among the greatest intellectual heroes of modern times, Raphael Lemkin lived an extraordinary life of struggle and hardship, yet altered international law and redefined the world’s understanding of group rights. He invented the concept and word “genocide” and propelled the idea into international legal status. An uncommonly creative pioneer in ethical thought, he twice was nominated for the Nobel Peace Prize. Although Lemkin died alone and in poverty, he left behind a model for a life of activism, a legacy of major contributions to international law, and—not least—an unpublished autobiography. Presented here for the first time is his own account of his life, from his boyhood on a small farm in Poland with his Jewish parents, to his perilous escape from Nazi Europe, through his arrival in the United States and rise to influence as an academic, thinker, and revered lawyer of international criminal law.

Panel: Overcoming Genocide Denial

Fordham Law School’s Leitner Center for International Law and Justice will host a panel, “Overcoming Genocide Denial,” on December 4. The panel will offer a comparative examination of the Holocaust and the Armenian, Rwandan, and Sudanese Genocides. Speakers include Taner Akçam (Clark University), Gregory Stanton (George Mason University) and Sheri Rosenberg (Cardozo Law School). Details are here.

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