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Viewing: Blog Posts Tagged with: crimes against humanity, Most Recent at Top [Help]
Results 1 - 5 of 5
1. History in the courtroom: 70 years since the Nuremberg Trials

Seventy years ago, on 30 September 1946, Lord Justice Lawrence, the presiding judge of the International Military Tribunal, began reading out the judgement in the trial of the so-called major German war criminals at Nuremberg. For nearly a year the remnants of the Third Reich’s top brass, led by Hermann Goering, had stood trial for crimes against peace, crimes against humanity, war crimes, and a conspiracy to commit the aforesaid crimes.

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2. International criminal law and Daesh

On 20 April 2016, after hearing harrowing testimony coming from victims, the UK House of Commons unanimously adopted a resolution declaring "That this House believes that Christians, Yazidis, and other ethnic and religious minorities in Iraq and Syria are suffering genocide at the hands of Daesh; and calls on the Government to make an immediate referral to the UN Security Council [SC] with a view to conferring jurisdiction upon the International Criminal Court [ICC] so that perpetrators can be brought to justice" (HC Hansard 20 April 2016 columns 957-1000).

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3. An enigma: the codes, the machine, the man

Prometheus, a Titan god, was exiled from Mount Olympus by Zeus because he stole fire from the gods and gave it to mankind. He was condemned, punished, and chained to a rock while eagles ate at his liver. His name, in ancient Greek, means “forethinker “and literary history lauds him as a prophetic hero who rebels against his society to help man progress. The stolen fire is symbolic of creative powers and scientific knowledge. His theft encompasses risk, unintended consequences, and tragedy. Centuries later, modern times has another Promethean hero, Alan Turing. Like the Greek Titan before him, Turing suffers for his foresight and audacity to rebel.

The riveting film, The Imitation Game, directed by Morten Tyldum and staring Benedict Cumberbatch, offers us a portrait of Alan Turing that few of us knew before. After this peak into his extraordinary life, we wonder, how is it possible that within our lifetime, society could condemn to eternal punishment such a special person? Turing accepts his tragic fate and blames himself.

“I am not normal,” he confesses to his ex-fiancée, Joan Clarke.

“Normal?” she responds, angrily. “Could a normal man have shortened World War ll by two years and have saved 16 million people?”

The Turing machine, the precursor to the computer, is the result of his “not normal” mind. His obsession was to solve the greatest enigma of his time – to decode Nazi war messages.

In the film, as the leader of a team of cryptologists at Bletchley Park in 1940, Turing’s Bombe deciphered coded messages where German U-boats would decimate British ships. In 1943, the Colossus machine, built by engineer Tommy Flowers of the group, was able to decode messages directly from Hitler.

The movie, The Imitation Game, while depicting the life of an extraordinary person, also raises philosophical questions, not only about artificial intelligence, but what it is to be human. Cumberbatch’s Turing recognizes the danger of his invention. He feared what would happen if a thinking machine is programmed to replace a man; if a robot is processed by artificial intelligence and not by a human being who has a conscience, a soul, a heart.

Einstein experienced a similar dilemma. His theory of relativity created great advances in physics and scientific achievement, but also had tragic consequences – the development of the atomic bomb.

The Imitation Game will open Pandora’s box. Viewers will ponder on what the film passed over quickly. Who was a Russian spy? Why did Churchill not trust Stalin? What was the role of the Americans during this period of decrypting military codes? How did Israel get involved?

And viewers will want to know more about Alan Turing. Did Turing really commit suicide by biting into an apple laced with cyanide? Or does statistical probability tell us that Turing knew too much about too many things and perhaps too many people wanted him silent? This will be an enigma to decode.

The greatest crime from a sociological perspective, is the one committed by humanity against a unique individual because he is different. The Imitation Game will make us all ashamed of society’s crime of being prejudiced. Alan Turing stole fire from the gods to give to man power and knowledge. While doing so, he showed he was very human. And society condemned him for being so.

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4. The Responsibility to Protect in the Ebola outbreak

When the UN General Assembly endorsed the Responsibility to Protect (R2P) in 2005, the members of the United Nations recognized the responsibility of states to protect the basic human and humanitarian rights of the world’s citizens. In fact, R2P articulates concentric circles of responsibility, starting with the individual state’s obligation to ensure the well-being of its own people; nested within the collective responsibility of the community of nations to assist individual states in meeting those obligations; in turn encircled by the responsibility of the United Nations to respond if necessary to ensure the basic rights of civilians, with military means only contemplated as a last resort, and only with the consent of the Security Council.

The Responsibility to Protect is a response to war crimes, genocide, and other crimes against humanity. But R2P is also a response to pattern and practice human rights abuses that include entrenched poverty, widespread hunger and malnutrition, and endemic disease and denials of basic health care — all socio-economic conditions which themselves feed and exacerbate armed conflict. In fact, socio-economic development is a powerful mechanism for guaranteeing the full panoply of human rights, just as the Millennium Development Goals are a means of fulfilling the Responsibility to Protect.

While Responsibility to Protect is often misconstrued as a mandate for military action, it is more intrinsically a call to social action, and the embodiment of the joint and several responsibilities of the community of nations to seek a coordinated global response to life-threatening conditions of armed conflict, repression, and socio-economic misery. While diplomats and public servants debate the legality and prudence of military responses to criminal uses of military force against civilians, we must not neglect the legality, prudence, and urgency of non-military responses to public health and poverty emergencies throughout the world.

The United States has put out a call to like-minded nations to join forces, literally and figuratively, in the degradation and destruction of the criminal militancy of the so-called Islamic State [ISIL or ISIL]. Despite concerns that the 2003-2011 US war in Iraq itself may have led to the inception and flourishing of ISIS, and despite warnings that the training, arming, and assisting of Iraqi forces, Shia militias in Iraq and non-ISIS Sunni militants in Syria may inflame sectarian violence and threaten civilians in both countries, the United States is contemplating another open-ended military intervention in the Levant.

A military intervention against ISIS is not justified by the principles of Responsibility to Protect. Without the authorization of the Security Council or the consent of the Syrian government, military intervention is unlawful in Syria, offending both the UN Charter and the tenets of R2P. In either Syria or Iraq a military intervention, even with the permission of the responsible governments, is unlawful if it is likely to lead to further outrages against civilians. Military action that predictably causes the suffering of civilians disproportionate to any legitimate military objectives violates the principles of humanitarian law and the Geneva Conventions, as well as the UN Charter and R2P.

UNICEF and partners visit the crowded Marché Niger to continue explaining to families how to they can protect themselves from Ebola. We have visited many markets, churches, mosques, schools, and community centers throughout Conakry and in the Forest region where the outbreak began. CC BY-NC 2.0 via UNICEF Guinea Flickr.
UNICEF and partners visit the crowded Marché Niger to continue explaining to families how to they can protect themselves from Ebola. UNICEF have visited many markets, churches, mosques, schools, and community centers throughout Conakry and in the Forest region where the outbreak began. CC BY-NC 2.0 via UNICEF Guinea Flickr.

Alongside the criminal militancy of ISIS we face the existential threat of the Ebola virus in West Africa, endangering the people of Guinea, Liberia, Sierra Leone, and their neighbors. Over the past two months, approximately 5000 people have been infected by this hemorrhagic disease, and around 2500 have died, over 150 of them health care workers. At current rates of infection, with new cases doubling every three weeks, the virus could sicken 10,000 by the end of September, 40,000 by mid-November, and 120,000 by the New Year.

Ebola can be contained through basic public health responses: quarantining of the sick, tracing of exposure in families and communities, safe recovery of the bodies of the deceased, regular hand-washing and sanitation, and the all-important rebuilding of trust between effected community members, health care workers, and government officials. But the very countries impacted have fragile health care systems, insufficient hospital beds, and dedicated Red Cross workers, doctors, and nurses nearly besieged by the number of sick people needing care. By funding and supporting more health care and humanitarian relief workers at the international and local levels, more Ebola field hospitals and clinics, and more food, rehydration fluids, and safe blood supplies for transfusions, less new people will fall sick, and more of the infected will be treated and cured. At the same time, the fragile economies and political systems of the effected countries will be strengthened and the threat of regional insecurity will be addressed. Ebola in West Africa is calling out for a coordinated global public health intervention, which will serve our Responsibility to Protect at the local level, while furthering our collective security at the global level.

As the US Congress debates the funding of so-called moderate rebels in Syria in the pursuit of containing the criminal militancy of ISIS, we should turn our national attention to funding Ebola emergency relief in Guinea, Liberia, and Sierra Leone. Such action is consistent with our enlightened self-interest, and required by our humanitarian principles and obligations.

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5. Hannah Arendt and crimes against humanity

Film is a powerful tool for teaching international criminal law and increasing public awareness and sensitivity about the underlying crimes. Roberta Seret, President and Founder of the NGO at the United Nations, International Cinema Education, has identified four films relevant to the broader purposes and values of international criminal justice and over the coming weeks she will write a short piece explaining the connections as part of a mini-series. This is the second one, , following The Act of Killing.

hannah arendt film

By Roberta Seret


The powerful biographical film, Hannah Arendt, focuses on Arendt’s historical coverage of Adolf Eichmann’s trial in 1961 and the genocide of six million Jews. But sharing center stage is Arendt’s philosophical concept: what is thinking?

German director, Margarethe von Trotta, begins her riveting film with a short silent scene — Mossad’s abduction of Adolf Eichmann in Buenos Aires, the ex-Nazi chief of the Gestapo section for Jewish Affairs. Eichmann was in charge of deportation of Jews from all European countries to concentration camps.

Margarethe von Trotta’s and Pam Katz’s brilliant screen script is written in a literary style that covers a four-year “slice of life” in Hannah Arendt’s world. The director invites us into this stage by introducing us to Arendt (played by award-winning actress Barbara Sukova), her friends, her husband, colleagues, and students.

As we listen to their conversations, we realize that we will bear witness not only to Eichmann’s trial, but to Hannah Arendt’s controversial words and thoughts. We get multiple points of view about the international polemic she has caused in her coverage of Eichmann. And we are asked to judge as she formulates her political and philosophical theories.

Director von Trotta continues her literary approach to cinema by using flashbacks that take us to the beginning of Arendt’s university days in Marburg, Germany. She is a Philosophy major, studying with Professor Martin Heidegger. He is the famous Father of Existentialism. Hannah Arendt becomes his ardent student and lover. In the first flashback, we see a young Arendt, at first shy and then assertive, as she approaches the famous philosopher. “Please, teach me to think.” He answers, “Thinking is a lonely business.” His smile asks her if she is strong enough for such a journey.

“Learn not what to think, but how to think,” wrote Plato, and Arendt learns quickly. “Thinking is a conversation between me and myself,” she espouses.

Arendt learned to be an Existentialist. She proposed herself to become Heidegger’s private student just as she solicited herself to cover the Eichmann trial for The New Yorker. Every flashback in the film is weaved into a precise place, as if the director is Ariadne and at the center of the web is Heidegger and Arendt. From flashback to flashback, we witness the exertion Heidegger has on his student. As a father figure, Heidegger forms her; he teaches her the passion of thinking, a journey that lasts her entire life.

Throughout the film, in the trial room, in the pressroom, in Arendt’s Riverside Drive apartment, we see her thinking and smoking. The director has taken the intangible process of thinking and made it tangible. The cigarette becomes the reed for Arendt’s thoughts. After several scenes, we the spectator, begin to think with the protagonist and we want to follow her thought process despite the smoke screen.

When Arendt studies Eichmann in his glass cell in the courtroom, she studies him obsessively as if she were a scientist staring through a microscope at a lethal cancer cell on a glass slide. She is struck by what she sees in front of her – an ordinary man who is not intelligent, who cannot think for himself. He is merely the instrument of a horrific society. She must have been thinking of what Heidegger taught her – we create ourselves. We define ourselves by our actions. Eichmann’s actions as Nazi chief created him; his actions created crimes against humanity.

The director shows us many sides of Arendt’s character: curious, courageous, brilliant, seductive, and wary, but above all, she is a Philosopher. Eichmann’s trial became inspiration for her philosophical legacy, the Banality of Evil: All men have within them the power to be evil. Man’s absence of common sense, his absence of thinking, can result in barbarous acts. She concludes at the end of the film in a form of summation speech, “This inability to think created the possibility for many ordinary men to commit evil deeds on a gigantic scale, the like of which had never been seen before.”

And Eichmann, his summation defense? It is presented to us by Willem Sassen, Dutch Fascist and former member of the SS, who had a second career in Argentina as a journalist. In 1956 he asked Eichmann if he was sorry for what he had done as part of the Nazis’ Final Solution.

Eichmann responded, “Yes, I am sorry for one thing, and that is I was not hard enough, that I did not fight those damned interventionists enough, and now you see the result: the creation of the state of Israel and the re-emergence of the Jewish people there.”

The horrific acts of the Nazis speak for themselves. Director von Trotta in this masterpiece film has stimulated us to think again about genocide and crimes against humanity, their place in history as well as in today’s world.

Roberta Seret is the President and Founder of International Cinema Education, an NGO based at the United Nations. Roberta is the Director of Professional English at the United Nations with the United Nations Hospitality Committee where she teaches English language, literature and business to diplomats. In the Journal of International Criminal Justice

, Roberta has written a longer ‘roadmap’ to Margarethe von Trotta’s film on Hannah Arendt. To learn more about this new subsection for reviewers or literature, film, art projects or installations, read her extension at the end of this editorial.

The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, the journal addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions.

Oxford University Press is a leading publisher in international law, including the Max Planck Encyclopedia of Public International Law, latest titles from thought leaders in the field, and a wide range of law journals and online products. We publish original works across key areas of study, from humanitarian to international economic to environmental law, developing outstanding resources to support students, scholars, and practitioners worldwide. For the latest news, commentary, and insights follow the International Law team on Twitter @OUPIntLaw.

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