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International Law

Legacy of the ICTY

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The International Court is the judicial body that brings to justice individuals accused of violation of the international law. The idea to create the court arose after the end of the World War II and it is based on the principle: all persons, including high-ranking state officials, accused of committing serious international crimes must be punished.

International criminal tribunals should not be considered in the same way as domestic or national courts. When people hear the words “court” and “law” – they immediately think it refers to national law, but they are wrong. There is distinction even between personnel that works in international and national courts, and much less in other characteristics.

The paper will put a special emphasis to the work of the ICTY, describing a number of positive as well as the negative sides of the Court.

The ICTY

The ICTY has been established at the proposal of the UN Secretary General on the basis of Resolution No. 827 of the UN Security Council of 25 May 1993. The territorial jurisdiction of the Court covers the territory of the former Socialist Federal Republic of Yugoslavia (hereinafter: the former Yugoslavia), including its land surface, airspace and territorial waters, while the temporal jurisdiction includes the period from 1 January 1991, without indicating when the temporal jurisdiction ends. However, the UN Security Council ordered to the Court to end its work by 2010, by Resolution No. 1503 of 2003 and the Resolution No. 1534 of 2004. Due to the abovementioned reasons, the Court was supposed to put an end to all investigations and filing all indictments by 2004; to end all trials by 2008 and to end all appeal proceeding by 2010. However, the year is 2015 and the ICTY has not ended its work. According to some estimations given in December 2014, three out of four appeal proceedings are expected to be completed during 2015, while the judgment in the case of Ratko Mladic is expected to be rendered in March 2017 or event after this date. However, addressing the UN Security Council on 10 December 2014, President of the ICTY Theodor Meron assured that these forecasts do not mean closure of the ICTY in 2017.

The ICTY is an ad hoc court based in The Hague. The Court can prosecute only individuals and not organizations or governments. The court can impose life imprisonment as maximum penalty. As a result, the Court signed an agreement with a number of countries, in order to enable enforcement of the penalties on their territories.

Huge role of the ICTY’s Trial Chamber significantly determines work of the ICTY and it implies wide powers of arbitrators and initiative relating to probative evidence. The basic principles that the Court follows in its work are: justice, rapidity and equality of arms.

The aim of establishment of the ICTY is to bring to justice persons responsible for serious violations of the international humanitarian law during conflict in the area of the former Yugoslavia. However, “although it was obvious that many actions of the conflicting sides, people who fought within their ranks or who joined them, represent serious crimes under domestic law or the international humanitarian law (the former Yugoslavia ratified all the Geneva Conventions of 1949 and their Protocols of 1977), almost none of the suspects for these crimes was charged and brought to the Court until 1993”.

All violations that are put under the jurisdiction of the ICTY and which represent violation of the international humanitarian law committed in the former Yugoslavia, are divided into:

  • Grave breaches of the Geneva Conventions of 1949;
  • Violations of the laws or customs of war;
  • Genocide;
  • Crimes against humanity.

The criminal defense of crime against humanity exists under the following conditions:

  • In case of an attack;
  • If the accused committed the crime as part of the attack;
  • If the attack was directed against any civilian population;
  • If the attack was widespread or systematic;
  • If the accused knows that his acts are part of a pattern of widespread or systematic crimes directed against a civilian population and if he knows that his act fit in the pattern.

Regardless of the rules that regulate work of the ICTY, its employees are faced with several challenges.

The first challenge certainly refers to a rule that an individual may be punished for grave breach of the Geneva Conventions under the Article 2 of the Statute, only if the crime for which he is charged, was committed against persons and property that are considered protected.

Another challenge is the Article 7, Paragraph 1 of the Statute, i.e. the Article 4 Paragraph 3 of the Statute. Namely, when the Court finds that the accused person had no genocidal intent, but he or she helped others to commit genocide, the question is which of these two provisions of the Statute of the Court should be applied. The first Article envisages responsibility for assisting in committing any criminal offense put under the jurisdiction of the Court, while the second Article envisages, inter alia, complicity in genocide. Furthermore, the Court has the jurisdiction to act in case of committing any of the criminal offenses listed in Article 5 of the Statute, but only if the crimes were committed in an armed conflict. Therefore, an armed conflict is a precondition for prosecution before the ICTY. At the same time, the only Article of the Statute that relates to penalties is the Article 24 that envisages the obligation of the Chamber when sentencing, to take into account gravity of the defense and individual circumstances of the perpetrator. However, the Article 2 of the Statute represents the biggest challenge and it envisages that every crime regulated by this Article, shall be committed in the context of the international armed conflict.

The first trial before the ICTY started on 7 May 1996 and the first verdict was rendered on 29 November 1996. So far, a total of 161 persons have been indicted. Proceedings against 147 persons ended, while proceedings against 14 persons are still ongoing.

Legacy of the ICTY

The region of the former Yugoslavia welcomed the establishment of the ICTY with great suspicion, complaining that incompetent body has established the Tribunal (the Security Council), and that the Court cannot be an impartial judicial body, since it has been established as a subsidiary body to the executive authority (the Security Council). However, author of this paper shares the standpoint of Dr. Vojin Dimitrijevic, who says that „in a sea of such attacks (…) legitimate and legal reviews of critics about the way The Tribunal has been established, the advisability of some of the provisions of its Statute, the quality of the rules of procedure and so on, are lost (…)“. The author also shares Dimitrijevic’ stance that work and existence of the ICTY should be seen as a “unique judicial experience in the actual application of the international humanitarian law, its written and unwritten rules and the very Statute of the first international criminal Tribunal that, despite of the fact that it has been formed on temporary basis as an ad hoc court, has acted so long and prosecuted so many persons on various posts for so many crimes that are considered international crimes”.

There is no doubt that there are positive and negative aspects of the international criminal proceedings led before all courts. Positive sides of the proceedings before the ICTY are certainly higher level of impartiality, easier ways to collect evidence, uniformity in the application of the international law and greater preventive effect of international trials. Namely, it is logical that people who are not involved in a concrete dispute, i.e. judges who are not related to armed conflicts will be more objective to decide about the dispute. National courts are almost always insufficiently objective, and these courts are not interested enough to lead proceedings against its own nationals who have committed crimes against foreign nationals. At the same time, the fact that this is a proceeding led before an international court, proceedings related to these and all other conflicts in the international community are set to be uniform, with the continuity in application of law and decision-making process.

Although a proceeding before the ICTY does not fully meet all demands which the right to fair trial puts before the Court, its practice gives hope that the proceedings will get closer to the standards of the fair trial. The procedure led before the ICTY is complex, but it was inevitable because it has been established quickly as a reaction to the situation on the ground (for example, the states harmonized their stances about formation of the International Criminal Court for years). Principles like the ones from the Geneva Conventions of 1949 (ratified by most of the states in the world) would certainly remain only a dead letter, if it was no courts like the ICTY. Namely, such courts defined an armed conflict, defined when an armed conflict begins etc.

One of the important specifics that refer to international crimes is the existence of a large number of victims. The procedural status of victims and witnesses in criminal proceedings for these crimes is a particular problem in international judiciary, because of direct or indirect risk of intimidation, reprisal or retaliation against the victims. For these reasons, rules of the ICTY include adequate provisions on protection of victims and witnesses in the proceedings. Per example, such provisions are stipulated in the rule that the main hearing will be held without the presence of the public; the rule about the protection of identity of the victims, and the rule on formation of Department for Victims and Witnesses, as the body in charge to provide support and advices to victims and witnesses and propose measure for their protection.

The ICTY has contributed to clarification of some basic concepts that are of huge importance for the international criminal law and the international humanitarian law. For example, the rule on the obligation to distinguish civilians from combatants was clarified in the judgment in the cases of Tadic, Martic, and Kupreskic, while the rule to distinguish civilian from military facilities was clarified in the judgment in cases of Kupresic, Kordic and Cerkez, judgment in cases of Kunarac and Furundzija defined torture, etc. For the first time in the history, an international court found that rape (although prohibited by humanitarian law) may constitute torture. This is also the first international court which included sexual violence as a crime against humanity in its Statute. Besides, the Court also gave huge contribution to the interpretation of serious violations of the Geneva Conventions.

According to the current President of the ICTY Theodor Meron, the ICTY has demonstrated to the world that, after half a century of impunity, it is possible to lead complex trials at the international level, in accordance with the highest international standards. The ICTY has developed an influential body of jurisprudence concerning a large number of procedural issues and issues related to evidence and thus, created conditions for establishment of new international and mixed criminal courts. The support to strengthening of national judicial systems relating to war crimes trials is certainly one of the most positive things in the heritage of the ICTY.

Many criticize the ICTY for the reason that all the accused have not been convicted especially the ones who are accused of the crime of genocide. However, the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 stipulates very strict conditions for proving genocide. The Genocide is a crime that does not have to be committed during armed conflicts: the crime can be committed in peacetime, during a war, against civilians and against combatants, with or without committing widespread or systematic attack. Under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, “(… genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.”

As the aforementioned definition reads, it is a state of mind of the perpetrator of the crime of genocide that matters (that he committed the crime with intention to destroy, in whole or in part, a national, ethnical, racial or religious group). Therefore, certain group and not individuals in the group should be the main objective and likewise, the destruction should be physical or biological nature, not cultural. Proving responsibility for the crime of genocide is harder than proving responsibility for any other international crime. Murders and other prohibited acts must be committed with the intention to destroy, in whole or in part, a national, ethnical, racial or religious group (dolus specialis). If a prosecutor fails to prove that intention, it is considered a crime against humanity or a war crime – and the ICTY is not authorized to prosecute these crimes.

The latest criticisms directed against work of the ICTY are addressed to the President Theodor Meron, an experienced US (Israeli) lawyer and a judge. Many believe that he made terrible mistakes in individual trials which he chaired, especially in the cases of Gotovina and Markac, Stanisic and Simatovic and in a particularly interesting case from the legal point of few – case of Momcilo Perisic. The judgment in the case of Momcilo Perisic has established a new legal standard of command responsibility, providing amnesty to political leaders and military commanders in case of committing war crimes in the future period. Namely, the appeal judgment to Perisic has adopted the new specific direction criterion which has not existed in the international customary law. The question is whether court judgments discourage future threats against human civilization or the opposite? The UN Security Council has established the ICTY after some people endangered peace and security of the civilization and nowadays, some experts believe that the ICTY turned into its contradiction after Perisic’s acquittal, and its decisions jeopardize international peace, security and order.

When it comes to criticisms related to the impact of the Hague judgments to victims of the conflict, we must take into account that, when it comes to individual criminal responsibility, the ICTY is authorized to prosecute the crimes, but it has no option to adjudicate adequate compensation for victims of the crimes. Namely, primary role of the ICTY is retributive: the Court renders a judgment and defines whether someone is guilty for a certain crime or not, and orders an appropriate penalty for the crime. Of course, the ICTY also has a restorative function and it aims to ensure accountability, establish facts, bring justice for the victims and give them the right to speak, enhance the rule of law and pawing a way for reconciliation in the region. However, the ICTY is not established to be a mean for bringing complete justice to the victims and a mean to deal with the past.

Regardless of the aforementioned facts, the ICTY has taken away from us the ability to forget the past. The legacy of the ICTY is greater and more significant than occasional mistakes and judgments rendered without a legal explanation, while the Court will provide insight to future generations into judgments and facts about the atrocities.

Conclusion

The abovementioned text has led us to conclusion that, when it has established the ICTY, the international community has directly contributed to sanctioning of state policies and individuals responsible for initiation and conduct of armed conflicts at the territory of the former Yugoslavia. The paper also led us to conclusion that judgments rendered by the ICTY have clarified some theoretical parts of the international humanitarian law, international criminal law and the international human rights law.

Despite of many criticisms directed against the ICTY, the author of the paper believes that the ICTY has registered more positive than negative results. Unreasonably high expectations from work of the Court have been huge. At the end, when a conflict starts and when crimes happen, people say nowadays: “Send him to The Hague”, which was not the case a few years ago, when there was no court authorized to prosecute the perpetrators.

There is no doubt that existence of such a court is necessary and we could see it clearly in the case of Leipzig in 1921, when Germans were allowed to trial to themselves on their own. As a result, audience, judges, prosecutors greeted some people who were accused of crimes when they entered a courtroom, not to mention that all sanctions were minimal; two months, six months and four years of imprisonment. Therefore, author of the paper believes that foreign judges did not bring expertise in proceedings related to this territory, but impartiality.

Author of the paper considers the following facts as the greatest contributions of the ICTY:

  • The ICTY is a legal body that represents a basis for establishment of new judicial bodies;
  • The ICTY revealed limitations of trials;
  • The ICTY has left us legacy.

On the other hand, the fact that the ICTY has primarily focused on jurisprudence and its impact, without realizing how much it is important to reach out to the victims, is the main deficiency of this body.

International Law

Coronavirus force majeure and new world order

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The current pandemic has given rise to a variety of forecasts and  judgements on a wide range of issues that are directly or indirectly related to the future world order. These predictions can be divided into two main groups. The first group incorporates factors of uncertainty in global politics which will likely affect it for a fairly long time. That’s why the  forecasts of a new world order which are short of conceptual categoriality are provided with a reservation  that they are purely preliminary: their coming into effect will depend on a combination of many, not yet visible, variables.

The second group includes prognostic estimates which present a more or less completed picture of the new world order but, in our opinion, too prematurely.  In some cases, the suggested visions of the future world order, its “new normality” or “new abnormality”, are based on individual concepts and assumptions. What needs emphasizing is that a linear projection of dramatic and turbulent changes on the present-day geopolitical landscape to the realities of remote future cannot account for the intricate interdependence of the old and the new in global politics. Life shows that the never cooling magma of international events which tend to overlap minimizes or reduces to zero whatever efforts international experts make to provide substantiated arguments for both long-term and middle-term prognostic prospects.

Given the unexpected changes of turbulent streams of events, it would be too premature to describe the basic factors of a new world order: such a forecast may easily shift in the direction of futurological predictions which are very often interpreted loosely enough.

At present, amid the acute crisis of a pandemic, it is essential, as never before, to be able to analyze, to understand what is critically important or substantial, and what is merely a “detail”, something secondary, an instance; it is significant to sense a disparity between an illusion, a false reality, and the true essence of international phenomena and developments; to detect the deep-lying reasons and specifics of global, regional and local conflicts and  confrontations. What acquires a particular practical and political value is the undistorted realization of the intertwined web of homogeneous elements and heterogenous opposites, which will make themselves felt with an ever greater impact in the new world order.

Significantly, as the humanity recovers from the pandemic shock, the ideas that the pandemic produced a powerful impact on the formation of a new world order become less categorical, less radical. Could it not be a warning from the future, that a lot of the past is still ahead of us, and we will say afterwards that the future is largely behind us?

First of all, this refers to a range of issues related to globalization. The acceleration of differently directed processes in the globalized space is currently estimated across a wide spectrum of definitions: anti-globalism, de-globalization, false universalism, counter-trends in the development of globalization etc. Other assessments prognostically boil down to the reformatting of globalization, neo-globalism, and even – apparently with an excessive haste –  to post-globalization.

The pandemic laid bare a conflict that is linked to the earlier, centrifugal tendencies in the development of globalization: the crisis is global – the measures against it are local ones, mainly within the centralized «national state» framework. The coronavirus crisis drew a line under the era of neo-liberal minimization of the role of a national state. The conviction of many years that the functional potential of a state is due to undergo erosion and is bound to wear itself out has been rejected. The reverse geopolitical drift towards “a national state” means that the new is the well-overlooked old.

Overcoming the traumatic shock of the coronavirus pandemic becomes dependent on the protection of the state, since the potential of international organizations for assisting countries in combating the pandemic proved limited to negligible figures. In the conditions of a large-scale disorientation of neo-liberal establishment the state regains the role of a centralized regulator. Threatened by a catastrophic depression, the state is forced to think in global categories of a crisis and is made to act quickly within sovereign institutional bounds. Consequently the pandemic put a finishing touch to the crisis of  the neo-liberal model of the world order, and it did so in a flicker of a moment, revealing in a congested form the new flaws and reaffirming the old structural and functional defects of such a model. This will certainly affect the formation of a new world order: interstate conflicts are imminent, fraught with intensification of global imbalances.

In this respect, the basic meaning of the concepts “multipolarity” and “polycentrism” acquires a particular political and methodological relevance. These two notions are used so frequently on a daily basis that they are automatically regarded as identical even in political documents, let alone in numerous publications which are related directly or indirectly to global politics and international relations. Meanwhile, the original separation of these concepts and the specifics of their meaning give rise to an appropriate interpretation of the transformational direction of the world order. Polarity incorporates a more or less direct conflict; polycentrism suggests an intricate interaction of several independent centers of force, capable of creating various geopolitical configurations, which preserve an extensive potential for the protection of their national and state interests.

The age of hegemonic unipolarity is coming to an end. Such the “end of history” became inevitable. The clearly visible new centers of force scattered all over the  world, making it difficult and burdensome for the Unites States to eliminate them one by one, let alone, in total, are becoming a characteristic feature of the oncoming polycentric world order, which is unavoidably provided with elements of asymmetry.

In the new world order, the commonly recognized concepts of leadership and hegemony will pass into the realm of other, radically transformed and undergoing profound change, relevances. The prospects of America-oriented leadership, invariably associated with hegemonism, are infinitely slim as the world is moving towards the formation of new centers of force, new geopolitical formats without a pronounced centric role of one of the most influential global players.

The critical obliteration of the neo-liberal model of world order was largely facilitated by D.Trump, who exerted every effort to rid the USA of binding international commitments in the political, military-strategic, trade and economic spheres, at times detrimental to the interests of American allies. An open encroachment upon the independent role of the EU as a weighty global player is a glaring proof of that. The fundamental principle of Trumpism «America first», which ignores the new geopolitical and geoeconomic realities, becomes a slow-action bomb to destroy any constructive attempts at international cooperation in building the future world order, which would meet the interests of the entire world community. Undoubtedly, the battle on the geopolitical and geoeconomic fronts will get new or modified old centrifugal development. It will thus become much more difficult to negotiate a mutually acceptable solution.

Multilateral partnership and even bilateral ties between allies are becoming more fragile. As international cooperation as a whole becomes more complicated, it can largely be characterized as “competitive”.

The monetization by Trump of relations with the allies has become an integral part of the American foreign policy. At present, few if any would give a clear answer to the question how long this monetization will persist in the post-Trump period  and whether it will affect the future world order.

The coronavirus crisis has made relations between the USA and China more toxic. The US-China acutely competing trade and economic claims have become a signature feature of global politics for long. The two countries’ tough confrontation in the area of international security, originally resulting from inequality of nuclear potential in favor of the USA, will last long as well. But it would be too primitive to tie the final prospects of the currently transforming world order to the new tough bipolarity USA-China. Given the dramatic rise of the geopolitical status of such key players as Russia, India, Brazil, and the EU’s striving towards sovereign autonomy on the international scene,  what is possible is asymmetric polycentrism, that is, realignment of force formats in the global space.

As for Russia, geopolitically, in order to reach parity, or at least, a comparable economic level with the USA and China, the most beneficial position would be ‘in-between’ –  it would enable Russia to pursue a flexible policy with due regard for its own strategic interests and priorities. Russia has already become a significant balancing factor in global politics and international relations. Let’s compare the incomparable: Russia’s geopolitical weight of twenty years ago and Russia’s geopolitical weight today. Though, without a powerful innovative breakthrough Russia will find it increasingly difficult to perform the ever more challenging function of an international balancer.

From our partner International Affairs

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International Law

Civic and Ethnic Nationalism in a Populist World: Behind the Facade of Dichotomies

Rida Fatima

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The Rise of Anti-System Politics

The walk into the twenty-first century is marked by enormous structural shifts. The rise of neoliberal capitalism and the vulnerability created by financial crises has mobilized the politics of resentment. This process of asymmetrical development has created both the winners and the losers of modernity. The nuanced horizontal and vertical inequalities are giving rise to what Jonathan Hopkin calls the ‘Anti-system Politics’ or simply populism. This phenomenon is marked by the tussle of two homogenous groups; the people and the elite, which are at loggerheads with each other.

However, there is not any stream of anti-system politics; rather it falls at both ends of the political spectrum; left and right. It is marked by the Pink Tide in Latin America, rise of nationalist strongmen in the Central and Eastern European states, Hindu nationalism in India and the white ethnic nationalism in the Anglosphere. And the reason why the materialization of populism is distinctive in the spatial-temporal zones is because all the states have different welfare systems. They have distinct ways of filtering the effects of socio-cultural or economic changes. In doing so, they cushion some groups while exposing others to risks. In such a scenario, populism with its alternative action channel fills in the vacuum through its ‘moralist appeal’ to reclaim power of ‘the people’.

Both populism and nationalism being mass movements hold a focus towards the collective. And the ‘empty heart’ of populism with its ambiguous definition of the people, finds ‘elective affinities’ with nationalism. This profusion has further tangled the varying streams of anti-system politics. However, there are two similarities. First, all anti-system politics is about caching power. And secondly, it acts on myths of dichotomies. In furtherance, when the Kohnian civic ethnic distinction is applied to right-wing left-wing populism, the conclusions become mostly erroneous. It leads to an assumption that right-wing populism is nativist, exclusionary, and ethno-cultural by nature whereas left-wing populism is more inclusive and civic.But both civic and ethnic dimensions of nationalism are the part of populist politics. 

The right-wing populism of the BJP in India, Tea Party wing and Donald Trump of the Republican Party in the US, Le Pan in France and United Kingdom Independence Party in the UK are all marked by an appeal to right-wing populism. But in addition to that, these movements are not ethno-nationalist in the Kohnian sense rather they are ‘ethno-traditional nationalist’.And they instrumentalize the civic nationalist narrative to broaden their vote-base. This is precisely the justification of exclusion carried out in civic terms as the biological language is replaced by an ideological one.

Political Entrepreneurship: Instrumentalization and Mobilization

The political entrepreneurs: in both electoral populism and populist movements, act as an agency for strategically articulating the latent grievances. Thus, both the demand and supply side perspectives are crucial vantage points for a prudent analysis of the populist rise.The demand-side resentment is both addressed and tailored by the supply-side entrepreneurs through the perspective of nationalism.

In electoral populism, dissent is instrumentalized and it is mobilized through nationalistic appeals. Populism coupled with nationalism leads to the radical right-wing politics that it is witnessed in both Eastern and Western Europe, Latin America, and South Asia. Both the ideologies indicate a sense of social closure in one dimension or another. It is done by fixing what Bankim Chandra calls the ‘cultural attitudes’ which limit the sense of inclusivity and pluralism. But the question is why to appeal to the people on national, cultural, or ethnic grounds? Isiah Berlin suggested in the 1960s that nationalism is a core characteristic for the success of any political movement. And as both the ideologies are an antithesis of an open society, their profusion generates cognitive, social, and political rigidities.

The political entrepreneurs utilize these ‘banal’ ideas to introduce their own political agenda. It helps in building a foundation of the new system on the entrenched realities of the old system. A case study of various electorally successful right-wing populist parties like the Swiss People Party in Switzerland, French National Front of France, National Democratic Party of Germany and Pim Fortuyn List in Denmark indicate that populist leader or political entrepreneurs who make use of national ‘symbolic resources’ with a civic appeal perform better in their political system. And the civic nationalism in the West provides the platform to the radical-right populists who attain and maintain their share of power based on civic values without undermining their exclusionary ethno-traditional policies. Civic and ethnic nationalism are the means to attain the ends of populist politics. The political entrepreneurs tactically oscillate between both the civic and ethnic dimension of nationalism by persistently engendering a sense of threatened ‘bounded moral community’ at risk from the outsiders.

Akin to electoral populism, populist movements use grievances as a latent force. But that does not explain why the anti-immigration protests by PEGIDA were not instigated prior to 2014, or why the Occupy Wall Street movement came after the major shockwaves of the Great Recession were absorbed. To explain this there is a need to understand the role of political entrepreneurs as opportunity seekers who articulate the shared grievances when the time is ripe to fulfill their agenda backed with shared resentments.

Populism and Nationalism: A Bi-Dimensional Analysis

In all mass movements, ‘sociological necessities’ are invented and instrumentalized by the political elite. Nationalism and populism are no exceptions. A national myth is invented through a common heritage and mobilized through horizontal differences. Whereas the populist myths are brought back from ‘under the rug’ and mobilized through vertical antagonisms. And when combined, this the bi-dimensional dissidence defines the politics of the new age.

The resentment against those at the top and outsiders are mutually constitutive of the populist politics. The right-wing variant of this infusion criticizes multicultural politics, acceptance of refugees and the elite’s consideration of the indigenous population as xenophobic. This is the prime scene in the European and North American contexts as Hilary Clinton reportedly called Trump’s supporters as ‘basket of deplorables’. Such differences accentuate the need of people’s sovereignty over the state. And because the ethnic/cultural nationalism signifies ‘the people’ over the nation, it is easily juxtaposed with the populist discourse.

The ‘civic nationalism normalization’ strategy is used to disguise the exclusionary cultural politics behind the facade of legitimizing only the interests of the in-group. The Front National (FN) and the Alterative for Germany (AfD) both use a value-laden out-grouping of the Muslims based on their anti-Islamist agendas. And they instrumentalize civic nationalist discourse to legitimize their claims that Muslims are not an outgroup based on their ethnic descent rather on voluntarist reasons as they do not adhere to the democratic values. This is a supply of populist ideas through nationalist channels; covertly ethnic/cultural and overtly civic.

Manichean Myth to Chameleon Reality

Nationalism has its roots in the Greek city states and was crystallized as an idea of organization in the treaty of Westphalia in 1648. During the decolonization from 1945-1960, nationalism was at its pinnacle. However, since then it has been on a downward trajectory. But the populist utilization of the nationalist concepts has given it a new color. The entrenched resentments are being voiced not just by the minority ethnic/cultural groups but also the majority who feel threatened by the minority’s rising rights and political participation in what Rawls calls the post diversity era. The Muhajirs in Karachi are a classic example of a chameleon nationalism which has utilized both ethnic and civic strands to widen the vote base. Both the political movements, populism and nationalism are political projects which are in continual process of transition.

Despite modernization, the center-periphery distinction still pertains based on a deliberate exclusion of the peripheral identities to form a homogenous power circle at the center. And the grievances and opportunities created in this gap are mobilized and exacerbated by the political entrepreneurs. And the infusion of populism and nationalism are changed with the changing socio-political and economic contexts to cache the rising opportunities. The right-wing populism is not based on rigidities of objective identities but on the flexibility to catch the opportunity situations.

The ethnic groups too are not homogenous which indicates their divided politics to gain benefits. The myth of groupism is instrumental not factual. In this way they utilize both civic and ethnic nationalist appeals firstly, to cater to their in-group and secondly, to widen their prospects of political ins. In this way their politics becomes amorphous which is easily utilized by thin ideology like populism and the mix generates popular differences.Thus, the ethnic conflicts in the populist world are not the pure outcome of ethnic groups rather of ethnic organizations and populist political entrepreneurs.

Conclusion

Ethnic and cultural nationalism are not primarily nativist rather opportunistic. The populist world has provided nuanced avenues for the articulation of the ethno-cultural resentments which are exacerbated by the modern inequalities. However, the Kohnian civic-ethnic dichotomy is too rigid to explain the anomalous instrumentalist nature of the populist movements which build up on the combination of both ethnic and civic nationalism.

The analysis suggests that the populist world is a juggernaut of various thick ideologies which are used as an opportunistic context to propagate the agenda of the political entrepreneurs. Civic and ethnic nationalism were relevant before and instrumental now. They are both entrenched and tailored, natural, and transitive and contextual and opportunistic. Hence, the idea of nationalism is in a vicious cycle of constructive usage by the populist leaders and not merely a matter of some fixated identities.

Before the coronavirus in late 2019, there was a rise of a counter-populist wave on the fringes as observed through the leaderless protests where the middle class who once supported the populist movements was ‘revolting against the revolt’. However, the rise of the pandemic exacerbated a kind of nationalist populist response.Now the question is about who writes a better political bargain to satiate the rising middle class and that shall determine the course of future politics.

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International Law

Refugees In The Outbreak Of The Pandemic

Parismita Goswami

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Rohingya refugees fleeing conflict and persecution in Myanmar (file photo). IOM/Mohammed

The COVID-19 today is having an adverse impact on our lives although it has brought exceptional changes in climate and human behavior. The increasing number of refugees and internally displaced persons in the 21st century explains the intensified global scenario. The refugee crisis is the greatest humanitarian crisis the world has ever seen where most of them are internally displaced persons. Yet, they are humans with unique life experiences; they had dreams, children who are dwelling hopes of normal life, and a better tomorrow. The mothers are longing to return home, fathers yearning to work again, and an identity. Leaving behind their homes, being prosecuted from the country, and losing their loved ones; refugees had gone through the worst of time. Refugees are the worst sufferers in this 21st century. Around 80 million homeless people in the world most of them are from Syria, Afghanistan, South Sudan, Myanmar, and Somalia. The Syrian crisis reported being the greatest refugee crisis in the world. The United Nations also estimated the women and children to be the worst sufferers.

The refugees were tormented by years of poverty, poor health, and lack of basic infrastructures like education, food, health care, sanitation, social security, and etc. Humanitarian organizations have stretched beyond their capacity to help millions of refugees over the years. The WHO and UN Refugee Agency have signed new agreements to provide health services and benefits to the displaced and vulnerable population around the world. Among the 79.5 million forcibly displaced individuals lacks access to clean water or soap. Despite social and economic setbacks due to the pandemic, health is still the paramount factor affecting the poor and homeless. During the COVID-19 situation around the world food, medicine or sanitary products and even clean water have become inaccessible for many refugees. Social distancing has become a major concern in the refugee camps.

Challenges Upfront

The COVID -19  is severely affecting the education of the children in the refugee camps. In the refugee camps only 63% of refugees are enrolled in primary school and 24% in secondary education where most of the children are left out. The limit in pursuing education continues potentially in the refugee camps and its worsening due to the pandemic. There is a growing possibility of discrimination and xenophobia is affecting the process of socialization in their host country. Nevertheless, an unequal world with challenges to achieve education and skill training for self-development must be ceased.

In Yemen, more than 3 million people have been displaced and approximately 17 million require food. Yemen’s health facilities have either been destroyed or damaged in the conflict and with the unbridled transmission of COVID‑19 in Aden; Yemenis are living through the worst humanitarian crisis. Only a few health centers are operational in Yemen where the numbers of patients suffering from malnutrition, cholera, dengue fever, and injuries of war are very high.

In India almost 18,000 Rohingya refugees are taking shelter where thousands of them live in densely populated settlements in preposterous conditions; a third world country with the second-highest population in the world. India can hardly feed its population and especially it hosts a huge number of Refugees. Tibetan and Sri Lankan refugees have access to certain rights as assisted by the government, while the Rohingyas are still struggling for it. But, in Bangladesh, the WHO is working with governments to secure the health of nearly one million Rohingya refugees against the multiple threats of the pandemic and including natural disasters in the upcoming monsoon season.

The COVID-19 is increasing the needs and vulnerabilities of the Refugees. The United Nations High Commission for Refugees (UNHCR) is concerned about the collateral effects of the pandemic among the Refugees. According to the UNHCR’s Assistant High Commissioner for Protection, due to the degrading socio-economic plight of the forcibly displaced people and poverty among them has made them a target to several traffickers that are immorally exploiting and profiteering from their culpability. The adolescent girls and children have become the victims of sexual exploitation, forced labor, slavery, and organ removal, forced recruitment into armed groups, forced marriages, or forced begging. The COVID-19-related impacts on restricted movements, closures, or availability of proper help, support services are put to constrain. The pandemic has limited the opportunity for the refugees, particularly women to seek legal support for sexual and gender-based violence.

On the World Day against Trafficking, the United Nations Office on Drugs and Crime, UNHCR proposed for support in the prevention of trafficking and response efforts globally. The Governments and humanitarian actors together must ensure and assist the victims of trafficking

mostly among the displaced people where they are in immediate need of protection. A major initiative was taken by the WHO Eastern Mediterranean Regional Office (EMRO) to monitor the events and trend of COVID-19 among displaced populations in camps and non-camps settings for their safety.

Conclusion

 Resources are available in scanty, refugee camps and settlements are becoming overcrowded and many are being forced to sleep outside in freezing temperatures during the winters. For those living in refugee camps or camp-like situations, they also face an increased risk of COVID-19. In refugee camps, it is difficult to practice public health measures like frequent hand washing or social distancing. Therefore, it is also the responsibility of the host government to provide aid and essentials to the refugees living in their country. But in many cases, the host governments don’t have enough financial capability but can arrange testing services in certain regions, regardless of whether an individual is a national or a refugee. Secondly, even though high-income countries are currently most affected, they need to assist low- and middle-income countries because those countries don’t have the means to deal with COVID-19. The outbreak of the pandemic in populous and poor countries will put the rest of the world at continued risk.

It’s true of the fact that the world was not prepared for a pandemic and COVID-19 does not respect any boundaries. But, the governments should not use pandemic as an excuse for applying repressive policies. Efforts should be made spread information in every camp that have limited source to reliable information about COVID-19 and measures of protection.

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