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Not a pretty picture: The contours of a new world order are on your tv screen

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Television news summarizes daily what a new world order shaped by civilisationalists entails.

Writer William Gibson’s assertion that “the future is already here – it’s just not evenly distributed” is graphically illustrated in pictures of hundreds of thousands, if not millions of desperate Syrians fleeing indiscriminate bombing in Idlib, Syria’s last rebel stronghold, with nowhere to go.

It’s also evident in video clips from the streets of Indian cities where police stand aside as Hindu nationalists target Muslims and Prime Minister Narendra Modi turns Muslims into second-class citizens; refugee camps in Bangladesh where hundreds of thousands of Rohingya who fled ethnic cleansing in Myanmar linger with no prospect of a better life; a devastating civil war in Libya fuelled by foreign powers propagating a worldview that has much in common with civilisationalism; a take-it-or-leave it US plan to resolve the Israeli-Palestinian conflict that belittles and disregards Palestinian aspirations; the Trump administration’s adoption of rules that favour immigrants from Europe rather than Africa, Asia and Latin America; and China’s brutal effort to erase the identity and culture of its Turkic Muslim minority.

The constant tv diet of the horrors of civilizationalist-inspired violence, war, human suffering, discrimination, and prejudice coupled with fears of existential threats posed by the other, migration and globalization, no longer spark outrage.

“The horrors in Idlib are one face of the emerging ‘new world disorder,’” said Wall Street Journal columnist Walter Russell Mead.

Underlying civilizationalist discrimination and repression that risks dislocating ever larger minority segments of populations, political violence and mass migration on unmanageable scales is the mainstreaming of racism, anti-Semitism and Islamophobia and the demonization of liberal values that propagate basic, human and minority rights and ideologies that seek to synthesize democratic and conservative values steeped in tradition and religion, particularly Islam.

Civilisationalists and right-wing populists, including Messrs. Trump and Modi, Russian President Vladimir Putin, and Chinese President Xi Jingping, feed from similar philosophical troughs.

Political scientist Shawn W. Rosenberg argues that the political structures of states that are governed by populists and/or defined by a civilization rather than the Westphalian concept of a nation are built on the notion that people are characterized not by their ties to one another, but by being part of a nation.

Civilisationalists and populists ignore individual differences and emphasize an individual’s relationship to the nation. In their world, individuals are at the bottom of the heap in a civilizationalist state that is anchored in concepts of loyalty to the nation and obedience to the state and its leaders who embody the will of the people.

Mr. Rosenberg warns that civilisationalists see an independent judiciary, Western concepts of rule of law, and a free press as institutions that not only obstruct accomplishment of their mission but also undermine their definition of the role and place of the individual.

To protect a nation’s integrity, civilisationalists and populists seek to shield ‘the people’ from foreign influences, migration and the nation’s competitors, other nations. They see their nation’s power as derived from being stronger than others and doing better than others at the other’s expense.

Foreign policy is geared towards that goal rather than towards a global community that upholds principles of equality, equity and cooperation, Mr. Rosenberg asserts. Civilisationalists and populist seek economic and/or military diminution, if not domination of others, which by implication requires a rejection or hollowing out of international institutions.

The civilizationalist approach is making itself felt not only in lands governed by civilisationalists. Mainstream political leaders like French President Emmanuel Macron, widely viewed as a centrist who is attempting to counter civilisationalism and populism, are not immune to aspects of civilisationalism.

Nor is the Dutch parliamentary commission that earlier this month held controversial hearings about “unwanted influencing by unfree countries” that focussed on Gulf support for Dutch Muslim communities and an unnuanced view of political Islam. The commission contemplated following in the footsteps of Austria that has banned foreign funding for Muslim organizations. France is considering a similar ban.

Speaking in the city of Mulhouse earlier this month, Mr. Macron laid out his strategy to combat political Islam represented by the Muslim Brotherhood and Salafists who in his words insist that Islamic law supersedes the laws of the French Republic and emphasize “Islamist separatism” and “Islamist supremacy.”

Kuwait and Qatar are funding the construction of an Islamic religious and cultural centre in Mulhouse.

Qatar has backed the Brotherhood in the past and is home to Yusuf al-Qaradawi, widely viewed as a one of the foremost influencers of the Brotherhood, a catch-all for a multitude of aligned Islamist groups that bicker among themselves.

“In the Republic we cannot accept that we refuse to shake hands with a woman because she is a woman. In the Republic, we cannot accept that someone refuses to be treated or educated by someone because she is a woman. In the Republic, one cannot accept school dropouts for religious or belief reasons. In the Republic, one cannot require certificates of virginity to marry,” Mr. Macron said.

Mr. Macron’s sweeping opposition to political Islam persuaded him to support Libyan rebel leader Khalifa Haftar, who stands accused of human rights violations and has aligned himself with a Saudi-backed strand of Salafism that preaches absolute obedience to the ruler.

Mr. Haftar, who also enjoys support of the United Arab Emirates and Egypt, two countries opposed to democracy and any expression of Islam that rejects submission to an autocrat, is seeking to wrench control of the Libyan capital of Tripoli from the United Nations-recognized Government of National Accord (GNA). The GNA is backed by Turkey and includes elements associated with the Brotherhood.

To be sure, France has had its share of jihadist violence in recent years with deadly attacks on a French satirical newspaper, restaurants, music halls and soccer stadiums and the ramming of a truck into a crowd on the streets of Nice.

Creeping civilisationalism does not, however, by definition characterise the efforts by Europeans like Mr. Macron and others to ensure that minority communities, including Muslims, are full-fledged participants in a society that should afford them equal opportunity and rights and requires them to accommodate dominant mores.

Civilizationalist approaches, nonetheless, contribute to the failure to be agnostic in countering all forms of supremacism and racial, ethnic or religious prejudice and the lumping together of ideologies that reject democratic values with ones that seek accommodation.

It’s a failure that creates the environment in which someone like white supremacist Tobias Rathjen was emboldened to earlier this month kill nine people with an immigrant background in the German city of Hanau.

German politicians accused the far-right Alternative for Germany (AfD) party of contributing to that environment. They demanded that the party be placed under surveillance.

Countering civilisationalism is one side of the coin. Avoiding unhelpful generalisations and oversimplifications is another.

In an examination of the concept of popular sovereignty in Islamic thought, political scientist Andrew F. March argues that this decade’s popular Arab revolts marked an “intellectual revolution” and “a comprehensive reformulation of Islamic political philosophy” involving not only “reducing rulers to their proper status as agents of the people but also implicitly raising the people to the ultimate arbiters of God’s law.”

No doubt, it’s a revolution that is rejected by ultra-conservative Muslims, elements of the Brotherhood and various strands of Salafism. Nonetheless, it was a revolution articulated in February 2011, days after the fall of Hosni Mubarak, by none other than Mr. Al-Qaradawi, one of the most prominent Islamist thinkers.

Quoting Martin Luther King Jr’s prediction that “the arc of the moral universe is long, but it bends toward justice,” Mr. Mead the columnist, concluded that it “is hard to see from Idlib.”

He could have just as well been speaking about the dislocation and suffering in a civilizationalist-dominated world that plays out on television screens across the globe in which rights, equitable rule of law and international law are relegated to the dust bin.

Dr. James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, co-director of the University of Würzburg’s Institute for Fan Culture, and the author of The Turbulent World of Middle East Soccer blog, a book with the same title, Comparative Political Transitions between Southeast Asia and the Middle East and North Africa, co-authored with Dr. Teresita Cruz-Del Rosario and three forthcoming books, Shifting Sands, Essays on Sports and Politics in the Middle East and North Africaas well as Creating Frankenstein: The Saudi Export of Ultra-conservatism and China and the Middle East: Venturing into the Maelstrom.

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International Law

Upholding Dharma by Mob lynching?

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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.

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International Law

International Criminal Court and thousands of ignored complaints

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©ICC-CPI

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.

Correspondent of the French newspaper L’Humanité Vadim Kamenka, 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.”

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International Law

Crime of Ecocide: Greening the International Criminal Law

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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.

Way Forward

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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