© Oxford University Press, All rights reserved. Goodhart: Human Rights: Politics and Practice Chapter 16: Genocide and Human Rights Scott Straus

© Oxford University Press, All rights reserved. Overview Introduction The origins of the concept of ‘genocide’ Theories of genocide Case-study: Rwanda Case-study: Darfur Conclusion

© Oxford University Press, All rights reserved. Introduction The problem of genocide remains one of the most acute in the realm of international human rights, often recognized as the ‘crime of crimes’. The 1948 United Nations Convention on the Punishment and Prevention of the Crime of Genocide obligates state parties to ‘punish’ and ‘prevent’ genocide where it occurs. Despite widespread ratification, the overall record on genocide prevention during the past 60 years has been dismal. In recent years, international actors have intensified efforts to punish genocide perpetrators through international criminal justice mechanisms.

© Oxford University Press, All rights reserved. The origins of the concept of ‘genocide’ The term ‘Genocide’ was first coined in 1944 to indicate the destruction of human groups, specifically nations and ethnic group. The 1948 Genocide Convention represents a milestone in the effort to reach internationally agreed definition of ‘genocide’. However, the meaning of the term ‘genocide’ remain subject to significant disagreement Genocide is a contested concept with important ambiguities around the types of groups protected, the extent and means of violence that would constitute genocide, and the difficulty in demonstrating intent

© Oxford University Press, All rights reserved. Theories of genocide Classic theories of genocide emphasize intergroup antipathy, authoritarianism, and hardship. Contemporary theories of genocide emphasize ideology, strategic calculations and state interest, and political development. The existing literature lacks consensus on the primary causes of genocide.

© Oxford University Press, All rights reserved. Case study: Rwanda The Rwandan genocide is one the worst mass human rights atrocities of the late 20th Century. The international community failed to respond to early warnings and abandoned Rwanda as the genocide started. In three months, at least 500,000 civilians were killed, mostly of the minority Tutsi group. Proximate causes included transition to multi-party politics, civil war, and the assassination of the President. Root causes included history of racialized and politicized ethnicity and colonial intervention and legacy.

© Oxford University Press, All rights reserved. Case study: Darfur From 2003 to 2008, between 200,000 and 450,000 civilians died, and 2.5 million have been displaced The violence is perpetrated primarily by government forces and state-back Arab militias. The victims primarily come from the non-Arab populations of Darfur. The proximate causes include: a civil war and clashes over access to land and water. The root causes include: a country with politicized ethnicity and cleavage between Arabs and non-Arabs. To date, the international community (UN) has yet to put into place an effective civilian protection force.

© Oxford University Press, All rights reserved. Conclusion Since the Holocaust, international actors have regularly pledged “never again” to allow genocide to happen. The landmark treaty on genocide, the United Nations Genocide Convention, is the law that embodies that promise. The rhetorical commitments and the Convention have proven weak and ineffective (i.e. Rwanda; Darfur). Yet, the problem of genocide is receiving greater attention: –Scholarship on the topic is rapidly expanding; –The promise of “punishing” genocide is increasingly a reality;