Shaping a new world order is proving to be about a lot more than power.
The rise of the civilizational state and of civilizational rather than national leaders is calling into question the concept of sovereign nation states.
That is evident in the consequences of the civilizationalist assault on minorities ranging from the Kurds in Syria and Turkey to Muslims in China, India and Myanmar to Islamophobia and mounting anti-Semitism in the United States, France and Hungary as well as sectarianism in the Middle East.
Democracies legally enshrined yardsticks of non-discrimination and equality irrespective of creed, ethnicity, colour, gender and religion but never succeeded in truly enforcing those principles.
As a result, civilisationalism’s assault spotlights the long-standing failure of the nation state, evident from the moment it was conceptualized by the 1648 Treaty of Westphalia, to give true meaning to guaranteeing the security, safety and rights of all its inhabitants irrespective of creed, colour, race, ethnicity, faith or gender.
The rise of a critical mass of civilizational leaders, including China’s Xi Jinping, Myanmar’s Win Myint, India’s Narendra Modi, Russia’s Vladimir Putin, Hungary’s Victor Orban and US president Donald J. Trump makes a rethink inevitable not only of the functioning of democracy but also of the concepts of the nation state and sovereignty that have structured world orders for close to 500 years.
Many of these leaders conceive of their societies and/or states as defined by civilization and its reach into akin Diaspora communities rather than by legally recognized borders, population within those borders, and language.
Civilisationalism has allowed China to extend its reach in the South China Sea beyond internationally recognized borders at the expense of other littoral states as well as to Diaspora communities across the globe.
It also provided the basis on which China has so far successfully imposed its views on others whether its acceptance of its one-China policy or silence, if not acquiescence, in repression in Xinjiang.
Civilisationalism has further enabled Russia to recognize breakaway states in Georgia, annex Crimea, and spark violent conflict in eastern Ukraine.
In some ways, the nation state, designed to put an end to religious wars in Europe, paved the way for a revival of civilisationalism by godfathering exclusionary politics that were based on a determination of who belonged and who did not belong to a nation, a question which civilisationalism answers by legitimizing supremacism, racism and prejudice.
From the outset, newly conceived European nation states sought to build nations by not fully embracing those it believed were not truly part of their nation.
The nation state’s exclusivity, rather than as a result of the Westphalia treaty pulling the curtain on an era of European wars, sparked another round of armed conflict intended to fortify newly found national identities.
Today, reconceptualization of the nation state and the notion of sovereignty has become an imperative with civilisationalism adopting exclusivity as its battle cry and the nation state’s centuries-long inability and unwillingness to negotiate mutually workable arrangements that take account of aspirations and identities of societal groups that feel excluded.
Reconceptualization would need to be geared towards guaranteeing individual and minority rights based on an international legal framework that is enforceable.
Failure to do so would likely usher in an era of disruptive societal tension, marginalization and disenfranchisement of minorities, flows of mass migration, radicalization and increased political violence.
A recent International Institute of Strategic Studies (IISS) report concluded that China was advising countries confronting political and economic instability, sometimes sparked in part by Chinese project-related corruption, to adopt its model of brutally cracking down on any expression of dissent like in Xinjiang.
China, according to the report, is also advocating implementation of its system of social control, involving the use of invasive Chinese artificial intelligence-based surveillance technology, reducing media to parrots of government policy, and firewalling the Internet. China is further training governments in ways of disrupting opposition activity.
China’s view of economic development as a way of countering what it sees as cultural drivers of extremism underlies its effort to Sinicize Turkic Muslim Islam in Xinjiang and is implicit in Chinese aid to countries in the Middle East.
Mr. Xi announced in July of last year US$20billion in loans to Middle Eastern nations as well as US$106 million in financial aid for Palestine, Jordan, Lebanon, Syria and Yemen on the back of Chinese assertions that finance would help resolve the region’s political, religious and cultural tensions.
“China is increasingly proactive in its response to instability in developing countries. It is now more forthright in its advice to partner countries and is proactive in promoting Chinese solutions to other countries’ problems,” said Nicholas Crawford, the IISS report’s author.
China’s policy prescriptions, elements of which are being adopted across the globe, is likely to perpetuate problems inherent to exclusivism propagated by both civilisationalists and nation states that are more concerned about perceived threats to their territorial integrity or constructed collective identities than aspirations of groups that are part of their societal fabric.
The rise of civilisationalists, autocrats, authoritarians and illiberals, including Mr. Xi, does not bode well for Eurasia, a region pockmarked by groups whose rights have been repeatedly violated by various civilizationalist leaders as well as exclusionary nation states concerned about challenges to their territorial integrity or constructed collective identities.
“Geopolitics is no longer simply about the economy or security… The non-Western world, led by Beijing and Moscow, is pushing back against the Western claim to embody universal values… The rejection of Western universalism by the elites in Russia and China challenges the idea of the nation state as the international norm for political organisation… The new pivot of geopolitics is civilisation,” said political scientist Adrian Pabst.
A tour of the world’s flashpoints proves the point.
The flashpoints include predominantly Kurdish south-eastern Turkey, what is left of the Kurdish enclave in northern Syria, Rohingya rotting away in Bangladeshi refugee camps after fleeing ethnic cleansing in Myanmar; the plight of Turkic Muslims in Xinjiang and Catalan efforts to democratically decide whether they want to remain part of Spain.
They illustrate the fact that the failure of the nation state to build truly inclusive and cohesive societies coupled with the rise of the civilizational state and civilizationalist leaders portends a new world order that is likely to be characterized by individual and collective rights abuse that heightens societal tensions and aggravates disputes and conflicts.
“The global order provides more mechanisms for states to deal diplomatically with each other than with the people inside them,” noted scholar and author Malka Older.
The civilizationalist threat to individual and minority rights is enhanced by its insistence on collective adherence to an overriding ideology whether that is the Chinese communist party’s concept of absolute control of anything and everything cloaked in ultra-nationalism and concepts of unique Chinese characteristics; Russian Orthodoxy cemented in the alliance between church and state; or Victor Orban’s conceptualization of a Hungarian nation that is homogenously white and Christian.
In a recent study of religion and tolerance in the Middle East, widely viewed as perhaps the religiously most intolerant part of the world, political scientist Michael Hoffman concluded that it is not religion that in and of itself breeds intolerance and prejudice.
Instead, Mr. Hoffman suggested that Muslim attitudes towards the other differ sharply between believers who pray collectively in a mosque and those who worship in private.
Private prayer “does not contain the same sectarian content as communal prayer,” Mr. Hoffman noted, implicitly pointing a finger at autocratic authorities who in the Middle East often exercise tight control of what is said in the mosque.
“The group identification mechanism is not present for private prayer; since private prayer is fundamentally an personal phenomenon, it does not cause believers to distinguish more sharply between their own sect and others and therefore does not produce the intolerant outcomes associated with communal worship,” Mr. Hoffman went on to say.
Mr. Hoffman’s research, despite its focus on the Middle East, spotlighted in an era of rising civilisationalism the risks to universal basic human dignity as well as individual and minorities rights in directly or indirectly imposing collectivist beliefs that drown out the political, ethnic or religious other.
The silver lining in what are bleak prospects may be Mr. Pabst’s conclusion that “neither the Western cult of private freedom without social solidarity nor the totalitarian tendencies among China’s and Russia’s elites can nurture resilient societies against the disruptive forces of technology and implacable economic globalisation… (Yet) across different civilisations there is an inchoate sense that the purpose of politics is the free association of people around common interests and shared social virtues of generosity, loyalty, courage, sacrifice and gratitude. The practice of such virtues can bind us together as citizens, nations and cultures beyond colour, class or creed.”
Upholding Dharma by Mob lynching?
Label any Muslim a cow smuggler, accuse him of carrying beef and then lynch in the name of protecting religion. These premeditated barbaric acts seem to have become the order of the day. According to “Hate Crime Watch”, around 90% of religious hate crimes have occurred after the change of Central government in India in 2014. Although Muslims are victims in 60% of incidents, people from all religious faiths have suffered hate crimes.
India’s constitution promises its citizens justice, liberty and equality, but the shattering of social life through mob violence triggers an inescapable sense of powerlessness among its citizens. After the 2015 gruesome Dadri lynching, Mohammad Azam was lynched in July 2018 by a mob in Karnataka after a series of WhatsApp messages had warned locals that child kidnappers were on the loose. The mob assumed that Azam, who worked for Google, and his friends were co-conspirators and lynched him. In 2019, Tabrej Ansari became the first victim of the gruesome hate crime in the second term of the current regime led by proponents of Hindutva. He was lynched by a mob that forced him to chant Hindu religious slogans. In June this year, three people were lynched on suspicion of cattle smuggling in Tripura.
It needs to be recalled that lynching was used to terrorize black community for generations in the United States; blacks were lynched on dubious and false criminal accusations but this was put to an end through NAACP (National Association for the Advancement of Coloured People). In a similar fashion today, there is a growing perception that mob lynching happens with disturbing regularity in India to terrorize not only minorities but also dissenters in the name of religion and culture.
Violence against those who dissent is sought to be rationalized as nationalistic. The killings of Mohammad Akhlaq, Govind Pansare, M M Kalburgi, Narendra Dabolkar and Gauri Lankesh were masterminded by religious bigots masquerading as nationalists. In fact, the recent murder of George Floyd at the hand of a racially bigoted policeman in the United States, and custodial torture and death of a father-son duo in Tamil Nadu are hate crimes which are blots on the conscience of democratic societies.
Contemporary India has witnessed a surge in right-wing Hindu extremism, and crimes committed in the name of Love Jihad, beef eating, child kidnapping, cow slaughter and anti-Muslim fake news are aimed at normalizing this disturbing phenomenon. This right-wing propaganda usually spreads like a wildfire on the internet, particularly on the so-called Whatsapp University where it has become quite common to see pictures and videos of dead cows lying in a puddle of blood. It has been noticed that such videos and images on social media platforms are always of questionable veracity whose primary purpose is to incite fear, anger and violence. Very often, the text accompanying the videos appeals that everyone should spread it as much as possible in order for it to reach at the highest political executives. When this damaging and dangerous content is continuously circulated, the resulting fear in the minds of majority community gets converted into hatred toward the minority community.
These are nothing but politically motivated polarizing tactics and diatribes which only feed off pre-existing demeaning stereotypes of minorities. Technology has become an enabler of violence for various political and cultural reasons. There are many parties and stakeholders involved in these hate crimes but victims are only innocent people and invariably from vulnerable socio-economic groups. But the most shameful is the attitude of India’s politicians and police officials who justify these crimes, garland the lynchers, deny it ever happened or shrug off their responsibility by preferring to watch as mute spectators. Even delayed or muted condemnation of communal violence, by those in positions of power, only signal tolerance of such activity. Unfortunately, both the mob violence and the official response to it are symbolic of the Indian state’s rising incompetence in countering religious intolerance.
In recent years, the alarming idea that the ‘nation’ belongs only to the majoritarian community has made global strides as many countries like Poland, Hungary, Brazil and Turkey have come under its sway. Even many long-established democracies, including the United States, are feeling the pressure of this authoritarian tendency. The emergence of Hindu nationalist ideology in India, which is seen as replacing Indian civic nationalism, promotes the notion of a unique national culture grounded in Hindu cultural supremacy. The proponents of Hindu right-wing extremism are trying to radicalize their children and youth with ultra-conservative and fictional thoughts which often re-assert historical prejudices and ungrounded hatred toward Muslims.
One may be wrong, but cynical indifference shown by the middle class citizens tends to breed servitude and perpetuate complacency. When the victim of mob violence dies a death, shockingly there is no remorse from the crowd. Only the victim’s family remembers the event even as the societal silence is spine chilling. Actually, one should not ignore the performance aspect to mob lynching. Those indulging in mob lynching or public beatings ensure that their acts are recorded and then the potential circulation of such videos is targeted to send a strong message of the majoritarian men terrorizing minority men into humiliation and subjugation.
The dominant mainstream assumptions that cattle slaughter and beef trade directly concerns only Muslims, Dalits, Adivasis and Christians is also far from reality. Unfortunately, framing of the debates around bovine trade along communal lines has been sustained by provincial media which acts as an echo chamber to propagate Islamophobia. It has also been observed that the messages of hate get intensified after any terror attack, and instigate people to act against specific communities, primarily Muslims.
In July 2018, a landmark judgment given by the Supreme Court had condemned the incidents of mob lynching and cow vigilantism as ‘horrendous act of mobocracy’, asking the government to enact strict law to counter them. Nevertheless, in spite of comprehensive guidelines and anti-lynching laws in some states such as Rajasthan, Manipur and West Bengal, the mob violence continues unabated. In many states where the right-wings groups feel emboldened such as Assam, Uttar Pradesh and Karnataka, there is widespread feeling that the enactment of stringent cattle preservation legislation has further exacerbated such crimes. Those who think that the lynch squad is a thing of the past are wrong.
Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) do not have specific provision dealing with the mob lynching because this was never seen as a crime in India. It is similar to terrorism for which we have the most stringent laws. But mob lynching causes more than just a death; it kills the spirit and substance of democracy. We are told that Hindus and Muslims share the same DNA in India. How can the cold-blooded lynching of one’s brethren make one a hero rather than a murderer? How can a policeman’s lynching and alleged cattle lifter’s lynching possess different form of bestiality? In fact, the time has come to brand mob lynching as ‘domestic terrorism’ and a serious threat to India’s internal security.
Does glory to Lord Rama be restored through unruly mob justice? Does the path to righteousness come through killing innocent people in the name of Cow? Does circulation of derogatory and hateful projection of Muslims bring glory to Hindus? Are those calling publicly for violence against Muslims and Christians are real friends of the Indian State and government? Is not hate crime the prelude to genocide? These uncomfortable questions shake the core of India’s multi-religious and pluralist democracy. India’s timeless civilization has unflinchingly celebrated the foundational principles of humanity such as non-violence, tolerance, peaceful-coexistence and ‘Vasudhaiva Kutumbakam’ which is one of the most important moral values engraved in the heart of every Indian. These eternal principles come under violent assault whenever a mob kills an innocent Indian.
International Criminal Court and thousands of ignored complaints
The civil war in Donbass has been going on for more than seven years now. It broke out in 2014, following Kiev’s decision to launch a military operation against the local militia in Donbass, who did not accept the Maidan coup that had happened in February of that same year. More than 10,000 civilians were killed in the conflict.
Correspondents of the French newspaper L’Humanité Vadim Kamenka and Jean-Baptiste Malet, French historian Vincent Boulet, as well as a MEP and a member of the Spanish Communist Party Willie Meyer took part in the international conference “Topical Issues of Human Rights Violations in Donbass.”
Moderating the conference, organized by the Society of Friends of L’Humanité in Russia (the French leftist newspaper’s Russian office), was the head of the interregional public organization “For Democracy and Human Rights” Maxim Vilkov.
The conference was also attended by the deputy foreign minister of the Lugansk People’s Republic Anna Soroka, human rights activist Yelena Shishkina, director of the Society of Friends of L’Humanité Olesya Orlenko, and head of Donetsk National University’s department of political science Artyom Bobrovsky.
The participants discussed numerous cases of human rights violations by the Ukrainian security forces and paramilitary units in the course of the civil war in Donbass. The left-minded European participants paid special attention to the fact that none of the 6,000 complaints about the actions of Ukrainian security officials and nationalists had actually been taken up by the European Court of Human Rights (ECHR).
Small wonder too, since the atrocities committed in Donbass immediately bring to mind the Spanish Civil War of the 1930s when leftwing antifascists from across the world fought supporters of fascists and Nazis. Let’s not forget that even DW (foreign agent) admits that the share of neo-fascists in Kiev’s Azov regiment is very significant.
The participants called upon the ECHR to pay attention to the non-investigation of crimes committed in Donbass.
Human rights activists and public figures from Russia, France and the unrecognized republics of Donbass called on European international human rights organizations to pay attention to the failure to investigate crimes committed during the armed conflict in Ukraine. This is stated in the statement, which was sent to European international organizations after the conference.
The statement also calls attention to obstacles created to prevent citizens from filing applications to investigate crimes, as well as to attempts to ignore pertinent complaints from international bodies.
The latter, according to the authors of the statement, is especially important since “10,650 applications have so far been submitted to the ECHR concerning violations of citizens’ rights during the civil armed conflict in Ukraine. Of these, 8,000 come from Crimea and Donbass, including 7,000 from Donbass alone. Moreover, 6,000 are complaints made against Ukraine proper. However, during the past seven years, not a single complaint pertaining to the conflict in Donbass has been considered.”
Human rights activists called on the ECHR and the International Criminal Court (ICC) “to ensure that the crimes committed in Donbass are investigated in full compliance with the ECHR and ICC charter, as well as to bring pressure to bear on the political leadership of Ukraine to fulfill its obligations to protect the rights of its citizens.”
Crime of Ecocide: Greening the International Criminal Law
In June 2021, an Independent Expert Panel under the aegis of Stop Ecocide Foundation presented a newly-drafted definition for the crime of ‘ecocide.’ The Panel consisting of 12 international lawyers proposed that the Rome Statute of the International Criminal Court (ICC) should be amended to include ecocide as the fifth international crime along with the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. The inclusion of the crime of ecocide in the Statute will entitle ICC to investigate, prosecute, and try individuals accused of causing grave harm to the environment.
The term ecocide comprises the Greek word ‘oikos,’ meaning house or environment, and ‘cide,’ meaning an act of killing. Premised upon the term ‘genocide,’ ecocide means the significant destruction of the natural environment by human actions. In 1970, it was first used by Arthur Galston, an American biologist, at the Conference on War and National Responsibility in Washington DC. The term was further quoted by the Swedish Prime Minister Olof Palme in his opening speech at the 1972 United Nations Conference on the Human Environment (UNCHE) in Stockholm. Since then, multiple efforts were made to include ecocide within international law. Interestingly, it was adopted as an additional crime in the early drafts of the Rome Statute; however, later, it was dropped due to the lack of an adequate definition. If succeeded this time, it will be a significant victory for the environment since none of the existing international criminal laws secures it as an end-in-itself.
Definition of the crime of ecocide
The Panel has defined the crime of ecocide as, “For the purpose of this Statute, “ecocide” means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts.”
The definition comprises two thresholds that should be fulfilled to constitute a crime of ecocide. Firstly, there should exist a substantial likelihood that the ‘acts’ (including omissions) will cause severe and either widespread or long-term damage to the environment. In other words, along with the damages causing severe harm to the elements of the environment, such damages must have an impact on a wider geographical location or for an unreasonably longer duration.
It is appreciable that the Panel has widened the scope of the definition by incorporating spatial and temporal dimensions to its meaning. However, they have changed their position adopted in the previous legal instruments to employ a mix of conjunctive and disjunctive formulations in the definition. In addition to its severe nature, such harm could be either widespread or long-term to constitute a crime of ecocide. Thus, any severe and widespread activity, such as chopping down huge rainforests, could be attributed to ecocide. Similarly, any severe activity whose consequences prevail for a longer duration, for example, causing the extinction of a plant or animal species, could also amount to the crime of ecocide.
Instant reading of the first threshold indicates that the ecocide definition might include day-to-day human activities that contribute to greenhouse gas emissions and other environmental damages. It raises a question – Whether humans are environmental criminals? Though, it might be true that most human actions, directly or indirectly, are continuously degrading the ecosystem around us. However, the definition of ecocide is primarily concerned with the large polluters whose irresponsible activities at a massive level are a threat to the environment. Thus, to narrow down the ambit of the definition and identify criminal activities precisely, the Panel added a second threshold, that is, the ‘acts’ causing damage to the environment must be unlawful or wanton.
It means, only when the actions are either prohibited under national or international laws or indicate a reckless disregard for excessive destruction of the environment in achieving social and economic benefits will they amount to the crime of ecocide. The second threshold hints towards an anthropocentric approach of the definition and protects a range of human activities deemed necessary, desirable, and legitimate for human welfare. To determine the lawfulness of the acts, the actions should be seen with their potential social and economic values. The ecocide definition relies upon the principle of sustainable development to balance environmental destruction with human development and prohibits all destructive activities that outweigh their social and economic benefits. It also means that the definition places a ‘limited’ environmental harm outside the scope of the definition, which cannot be avoided for achieving social welfare that includes housing developments or establishing transport links.
The proposed definition is more concerned with the massive instances of environmental damages. It does not consider small ‘necessary’ ecological harms caused by day-to-day human activities. However, it is equally essential these negligible-looking destructive contributions of humans, made in their individual capacity, should not go unnoticed. These small contributions combined with each other also significantly impact the environment in the form of climate change, biodiversity loss, and other hazards. Thus, the reckless human lifestyle is a significant issue and needs to be regulated through some international code of conduct, if not as ecocide.
Undoubtedly, the proposed ecocide definition is a remarkable effort that should be appreciated for multiple reasons. First of all, the release of this definition indicates that the time has come to start penalizing environmental offenders and create deterrence so that such destructive activities can be minimized. It establishes the responsibility and accountability of big corporate houses and political leaders whose regular investments are causing substantial harm to the environment. Moreover, this definition founds its bases upon many core principles and concepts of public international law, international environmental law, international humanitarian law, and international criminal law. For instance, the principle of no transboundary harm, sustainable development, proportionality, and necessity are aptly referred to in the ecocide definition. Moreover, it also provides a sufficiently broad definition of the term ‘environment’ to primarily include any damage committed towards the earth, its biosphere, cryosphere, lithosphere, hydrosphere, atmosphere, and outer space.
Though the ecocide definition is a significant development, it still has to go a long way to be included in the list of international crimes. For this purpose, any of the 123 member states to the Rome Statute can officially submit the definition to the UN Secretary-General. The proposal has to be accepted for further consideration by the majority of the members through voting. Further, the text will be subjected to debates and deliberations and must be passed by a two-thirds majority of the members. Moreover, the member states need to ratify or accept the proposed text. Only after one year of such ratification or acceptance ICC may exercise its jurisdiction over the crimes of ecocide committed afterward. This entire process can take many years or even decades to get completed. It is also possible that the structure of the current definition might change in due course of its acceptance.
Today, it is unclear that whether this definition will succeed in amending the Rome Statute or not, but what can be said with certainty is that this definition will play a crucial role in building awareness and discourse around ecocide among the governments, corporate houses, professionals, and masses across the globe. With the pressing needs of humans and prevailing threats to the environment, it is the right time that the actions of the offenders should be regulated through the prism of international criminal law.
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