Genocides, politicides and other mass murders
killed more people in the twentieth century than all the wars combined.
"Never again" turned into "Again and again." Again
and again, the response to genocide and other forms of mass murder was too
little and too late.
Yet until 1999 there was no international
movement on the order of an Amnesty International dedicated to ending genocide
in the twenty-first century. I will describe Genocide Watch's efforts to
create such a movement, and will make some proposals about where we should go
from here.
Genocide
Watch
In 1985, Leo Kuper and Martin Ennals founded
International Alert Against Genocide and Massacres. They hoped to start a
movement against genocide, but Leo soon became frustrated when International
Alert lost its focus on genocide. IA has done very good work on conflict
resolution and early warning, although it has never declared an "international
alert." In the late 80s, Leo Kuper and I went to New York together to
meet with the Executive Director of Human Rights Watch to propose the formation
of a new organization to be called Genocide Watch, to begin as a project of Human
Rights Watch. We hoped it would be sponsored by an already existing human
rights organization with a solid financial base, so that it would not have to
go through all the start-up time and costs of founding a new, free-standing
organization. Unfortunately, the Executive Director did not have time to
meet with us, so we had coffee with an intern -- a very bright intern who later
worked in the Legal Advisers office at the State Department, but who did not
convince his Executive Director to adopt the project.
I never gave up on the idea. In June of
1998, I wrote a proposal for a 501(c)(3) to be incorporated as Genocide
Watch. Its purpose would be to lead an international campaign to end
genocide made up of a coalition of human rights, religious, legal, and civil
society NGO's from around the world. I took the proposal around to a
number of organizations in Washington, D.C. The International Crisis
Group, the group I thought could best lead the movement, was going through
financial and leadership crises of its own. Human Rights Watch already
had too many other special projects. It didn’t fit within Amnesty
International’s "mandate." So Genocide Watch, Inc. was incorporated in
1998 in order to organize and coordinate an international coalition against genocide.
At the Hague Appeal for Peace in May, 1999, a
coalition of ten organizations from the United States, Great Britain, France,
Germany, and Israel co-founded a new coalition called the Campaign to End
Genocide. The coalition included Genocide Watch (USA), The World
Federalist Association (USA), The Cambodian Genocide Program, GenNet (USA),
International Alert, Physicians for Human Rights (UK), The Leo Kuper Foundation
(UK), The Committee for an Effective International Law (Germany), The Institute
on the Holocaust and Genocide (Israel), and Prevent Genocide International
(USA).
Having observed the successes of the NGO
coalitions that had helped bring about the Rome Treaty of the International
Criminal Court and the International Treaty to Ban Landmines, we thought the
best model of organization for the movement was a coalition. However,
those movements also had secretariats sponsored by one of their founding
members and each was led by a brilliant organizer (Bill Pace and Jodie
Williams, respectively) with a full-time salary from a sponsoring
organization. The World Federalist Association (USA) agreed to play that
role for the Campaign to End Genocide, although the motion passed at the July
1999 meeting of its Executive Committee by only one vote. At the same
meeting, Tim Barner, the original backer of the Campaign, was ousted from his
job.
In March 2000, the new President and CEO of the
World Federalist Association - U.S.A., John Anderson, reversed the previous
decision of the WFA-USA Executive Committee, ordered me to work exclusively
with U.S. organizations, and ordered me to terminate my work with the overseas
groups who made up a majority of the members of the Campaign to End
Genocide. I therefore resigned from my job with the World Federalist
Association, U.S.A. in order to continue the renamed International Campaign to
End Genocide. WFA-USA's actions were a temporary setback for the
international movement. We lost the organizational base that WFA-USA had
given us -- the office, equipment, personnel system, and salary, however meager,
for the people working on the Campaign. There was no office space for
interns. There was no organizational and accounting history to use in
fund-raising. But on the other hand, we were freed from the control of an
organization whose primary purpose is the promotion of world governance, not
the prevention of genocide. We learned from the experience that the
movement must be led by an organization whose sole purpose is genocide
prevention.
Genocide Watch continued to coordinate the
International Campaign. Every member of the original international
campaign except the World Federalist Association- USA and WFA's affiliate, the
Campaign for UN Reform, remained a
member of the International Campaign to End Genocide. The International
Campaign's Steering Committee met in London in October 2000 to plan future
directions and outreach to other groups. The Aegis Trust joined the
International Campaign then, and the Cooperative Baptist Fellowship Global
Mission also joined, the first religious group to do so. Directors of our
member organizations met again in London in January 2002 and again during the
meetings of the International Association of Genocide Scholars meetings in
Ireland in June 2003. By then we had twenty member organizations and a
Board of Advisors that includes many of the world's most prominent experts on
genocide.
Genocide Watch and the International Campaign to
End Genocide monitor the world for early warning signs of genocide and other
mass killing and declare Genocide Alerts when such signs are found. We
utilize the Eight Stage model I developed at the State Department in 1996 to
monitor trends that could lead to genocide or mass killing. We are eclectic and also rely on the expert
knowledge of analysts like Barbara Harff, Ted Gurr, Ben Valentino, and Matthew
Krain. We rely on field reports from
people on the ground from the International Crisis Group, Human Rights Watch,
Amnesty International, and members in the Campaign such as the Minority Rights
Group and Survival International. And we
sweep the world press daily using algorithms used by Open Source Solutions, an
organization that the State Department hired under David Scheffer to provide
him with reports for his Atrocities Task Force.
When we detect signs of precursors of genocide
or other threats of mass killing, we mobilize member organizations of the
International Campaign as well as other human rights and religious groups to
educate key governments and the United Nations about potential or actual
genocides or genocidal massacres. We seek to quickly create the political
will among such governments to take action to prevent and stop atrocities. Most of our interventions have been with
people we know in governments, and are conducted without publicity, except that
we maintain a website www.genocidewatch.org to alert the public to threats of
violence.
The
International Campaign to End Genocide
The International Campaign to End Genocide is an
international coalition dedicated to creating the international institutions
and the political will to end genocide. We have four goals:
- The
provision of public information on the nature of genocide and creation of
the political will to prevent and end it.
- The
creation of an effective early-warning system to alert the world and
especially the U.N. Security Council, NATO and other regional alliances to
potential ethnic conflict and genocide.
- The
establishment of a powerful United Nations rapid response force in
accordance with Articles 43-47 of the U.N. Charter, as well as regional
rapid response forces, and international police ready to be sent to areas
where genocide threatens or has begun.
- Effective
arrest, trial, and punishment of those who commit genocide, including the
early and effective functioning of the International Criminal Court, the
use of national courts with universal jurisdiction, and the creation of
special international tribunals to prosecute perpetrators of genocide.
The Campaign is a de-centralized, global effort
of many organizations. In addition to its work of institutional reform
of the United Nations and regional organizations, its aim is to bring pressure
upon governments that can act on early warnings of genocide through the U.N.
Security Council, NATO, and other means. The Campaign is gradually
establishing an informal, unclassified NGO early warning system on its members'
websites and listservs, including www.genocidewatch.org , www.crisisgroup.org , www.aegistrust.org,
www.survivalinternational.org,
www.minorityrights.org, www.genocideintervention.net and other
websites. Bypassing the secrecy of government intelligence services, the
Campaign hopes to facilitate establishment of truly confidential communication
links that will allow relief and health workers, whistle-blowers, and ordinary
citizens to create an alternative open source intelligence network that will
warn of ethnic conflict before it turns into genocide.
The International Campaign to End Genocide works
to create political will through:
1. Consciousness raising
-- maintaining close contact with policy makers in key governments,
particularly of U.N. Security Council members, providing them with information
about genocidal situations.
2. Coalition formation --
working in coalitions to respond to specific genocidal situations and involving
members in campaigns to educate the public about solutions.
3. Policy advocacy --
preparing options papers for action to prevent genocide in specific situations,
and presenting them to policy makers.
Genocide
Alerts
The first Genocide Alert declared by Genocide
Watch and the International Campaign was in September, 1999, when Indonesian
troops and militias began genocidal massacres against the people of East Timor
after they had voted for independence in a U.N. sponsored referendum. East
Timor was at stage six on the eight stage scale months before the referendum
because of "trial massacres" and assassinations characteristic of that
stage. Immediately following the
referendum stage seven genocidal massacres began. Crisis Groups were organized in Washington,
D.C. and London to divide up the tasks of education, lobbying, and humanitarian
response. In Washington, they included Genocide Watch, Amnesty International,
the Asia-Pacific Center for Peace and Justice, Catholic Relief Services, the
International Crisis Group, Mennonites, Human Rights Watch, and the East Timor
Action Council. The first meeting in Washington was opened by Nobel Peace
Prize winner Jose Ramos-Horta.
We set five goals:
1. Get an international
peacekeeping force into East Timor.
2. Get aid to the refugees and
the displaced.
3. Get a special session of
the U.N. Commission on Human Rights convened in Geneva.
4. Get a U.N. Commission of
Inquiry appointed to investigate the atrocities.
5. Get a criminal tribunal
created to try those who committed crimes against humanity.
Crisis Group members lobbied the U.S.
government, I.M.F., World Bank, and the governments of the U.K., France, and
Australia, along with members of the U.N. Security Council. Genocide
Watch concentrated on the government of Australia because of personal contacts
it had with the Australian Embassy and Department of Foreign Affairs in
Canberra. Amnesty International took the
lead in lobbying members of the U.N. Commission on Human Rights, and succeeded
by one vote in getting the special session called, only the fourth in the
Commission's history. The U.S., I.M.F., and World Bank told Indonesian
President Habibie that international financial assistance would end if he did
not accept a peacekeeping force in East Timor. The Chairman of the Joint
Chiefs of Staff called General Wiranto and told him to call off his troops or
be held accountable.
The President of Genocide Watch drafted an
options paper on creation of a criminal tribunal for East Timor that was widely
circulated in the U.S. State and Defense Departments and National Security
Council, as well as to the governments of the U.K., France, Australia, and U.N.
Security Council members. The day after U.K. International Campaign board
members Bernie Hamilton (Leo Kuper Foundation) and Peter Hall (Physicians for
Human Rights) presented the paper to the British Foreign Ministry, Foreign
Secretary Robin Cook publicly supported creation of an international criminal
tribunal for East Timor.
Most of our goals for East Timor were met.
With Indonesian acquiescence, Australia sent in a U.N. authorized peacekeeping
force. Catholic Relief Services took the lead in organizing relief for
refugees. The U.N. Commission on Human Rights appointed a Commission of
Inquiry to investigate the atrocities committed in East Timor. It
recommended creation of a tribunal in East Timor, which tried some of those who
committed crimes. (However, Indonesia has used its national courts to
exonerate all but a few of those responsible.) A U.N. peace and
reconstruction operation was authorized by the Security Council, and it has
made major contributions to rebuilding East Timor.
In February 2000, Genocide Watch issued a
Genocide Alert for the Eastern Congo where Hema and Lendu have repeatedly
conducted genocidal massacres during a Congolese civil war that has cost at
least three million lives. Genocide Watch held meetings for several years with
U.S. government officials about the continuing crisis in Eastern Congo. Genocide Watch also issued Genocide Alerts
for Southern Sudan (November, 2000) where a north -- south civil war caused the
deaths of two million people, and for Darfur (March 2004); Indonesian Borneo
(March 2001) where Dayaks engaged in genocidal massacres of Madurese; Taliban
Afghanistan (May 2001) where the Taliban issued an edict requiring Hindus to
wear yellow patches of cloth and to identify their houses with yellow cloth
markers; Zimbabwe (February 2002) where Shona militias engaged in murder of
Matabele political opponents in the 1980's and were again torturing and
murdering members of the Movement for Democratic Change and denying food aid to
those without membership cards in Mugabe's ZANU-PF political party.
Genocide Watch issued another Genocide Alert for
Cote d'Ivoire (December 2002) where a civil war divided the north and west from
the south, and the foreign laborer population, which comprises a quarter of the
total, was vilified and massacred. ICEG
member, Prévention Génocides in Belgium made a film about the situation
in Cote d'Ivoire which it showed both on Ivorian television and at the French
Foreign Ministry, and it led the call for intervention and a negotiated peace
in that country. It placed an advertisement in Le Monde in
December 2002 signed by over 3000 human rights advocates from around the
world. The French were therefore
prepared to act quickly when Cote d'Ivoire descended into civil war, and they
established a demilitarized zone dividing the north and south. Genocide Watch and Survivor's Rights
International met with State Department officials to support that effort. The President of Genocide Watch, who had
lived for four years in Cote d'Ivoire as a Peace Corps Volunteer and as a
Fulbright researcher attached to the University of Abidjan, personally knew
both President Gbagbo and Charles Ble Goude, one of the most incendiary rabble
rousers. He obtained Goudé's cell phone
number through a friend and called him directly to warn him that he could be
tried by the International Criminal Court. Goude toned down and eventually
stopped his speeches. After he was appointed UN Special Adviser for the
Prevention of Genocide, Juan Mendez made a similar call to President Gbagbo to
remind him that he could be tried by the ICC, and Ivoirian National Radio
immediately stopped broadcasting attacks on "non-Ivoirians." It was an example of preventive action at its
best, not through the use of military force, but through legal deterrence.
Several other situations have warranted ongoing
Genocide Watch attention, in particular: Burundi; Macedonia; Nepal; Gujarat,
India; Nigeria, Brazil, Saddam Hussein's Iraq, and North Korea. Genocide
Watches and background articles are available on the Genocide Watch
website. We have prepared briefing papers for use by policy makers
in their meetings with key foreign leaders involved in violent conflicts. These
Alerts have been circulated by FAX and e-mail to policy makers in the U.S. and
Europe and have been posted on our members' websites. In October 2001, Genocide
Watch co-sponsored a conference in Harare, Zimbabwe on Genocide Prevention and
Peace-Building with the Council of Churches of Southern Africa and the
Cooperative Baptist Fellowship. The conference was attended by ninety
leaders of church denominations from eleven countries in southern Africa as
well as representatives of the Islamic and Jewish faiths. Also in 2001, Genocide Watch went to
Stockholm and Macedonia (twice) with interfaith leaders to lobby Albanian
Muslim and Macedonian Christian leaders to settle their differences and prevent
civil war in Kosovo from spilling over the border. The U.N.'s small, but effective, Peacekeeping
Operation of just 400 troops established a buffer zone between Kosovo and
Macedonia that was one of the best examples of U.N. prevention of violent
conflict. When China vetoed continuation
of the UN Peacekeeping Operation, NATO took up the operation.
Genocide Watch continued its work with key
policy makers on Darfur, Sudan, Cote d'Ivoire, and Chechnya. Genocide Watch
regularly attended the meetings of the Chechnya working group at Freedom House
and the U.S. Holocaust Memorial Museum. As a representative of the State
Department, the President of Genocide Watch attended all the monthly meetings
of the Burundi Policy Forum, which later became the Great Lakes Policy Forum,
established by Search for Common Ground, the Council on Foreign Relations,
SAIS, and the Carnegie Endowment. Members of the ICEG were also active in the
coalitions concerned with the African Great Lakes region in Washington, D.C.
and in Brussels.
Ethiopia had been high on the Genocide Watch
list since 1999, due to its senseless war with Eritrea, and repressive
mono-ethnic minority domination of its government and military. In December 2003, Ethiopian Defense Forces and
militias massacred 434 Anuak leaders in the provincial capital of Gambella
Province, and continued the massacres for weeks afterwards, killing a total of
over 1000 people. The Anuak have the bad
luck to live over a rich oilfield and on some of the lushest farmland in
Ethiopia. Chinese, Indian, Saudi and
other investors have leased Anuak land from the corrupt Meles regime for very
low prices and the regime wants to drive the Anuak off their traditional lands. Genocide Watch and Survivors' Rights International
tried to get inquiries conducted by the major human rights organizations
without success, so turned to several churches in Minnesota with numerous Anuak
members, and raised the money to conduct two trips and write two reports on the
massacres. The reports uncovered
incontrovertible evidence of central government planning of the massacres.
On the day he first learned of the massacres,
December 23, 2003, the President of Genocide Watch immediately contacted the
desk officer for Ethiopia at the State Department, who in turn alerted the
American Ambassador, Aurelia Brazeal.
She sent a political officer and US Marines to Gambella to investigate
the deaths of two US citizens of Anuak origin.
Her strong protests to President Meles Zenawi finally brought the
massacres to a halt, but not before thousands of Anuak had fled to refugee
camps in Sudan. Human Rights Watch
eventually followed up with a report a year later that confirmed the findings
of the Genocide Watch/Survivors' Rights International reports. (It is the only
report generally mentioned by reporters.)
In 2005, the Meles regime sent Ethiopian troops across the border into
Sudan to attack an Anuak refugee camp, but a satellite phone call from the camp
to the President of Genocide Watch set in motion a late night call to the
Ethiopian desk officer at the State Department, who called the US Ambassador,
who went to President Meles and demanded that he withdraw his troops from
Sudan. The attack was thus averted,
though the departing Ethiopian troops killed a number of people on their route
of retreat. Since then, Genocide Watch
has helped the Anuak form the Anuak Justice Council, which has become a member
of the International Campaign, and its leader, Obang Metho has testified before
the UN Commission on Human Rights, British and Canadian Parliaments, and other
world fora. He has organized the
Solidarity Movement for a New Ethiopia, and Genocide Watch has spoken at a
number of its meetings and rallies.
The International Crisis Group joined the International
Campaign in 2003, as did the Minority Rights Group, and Survival
International. Each of those organizations have strong international
field staffs and expertise in early warning and advocacy. By 2005, the International Campaign to End
Genocide (ICEG), had grown to twenty member organizations, with offices in nine
countries, and in 2010, the Campaign has over thirty member organizations in
eleven countries on five continents. Members of the International Campaign to
End Genocide have taken the lead in responding to several genocidal
situations. Survivor's Rights International helped form the Sudan War
Crimes Working Group in Washington, DC. The Aegis Trust has hosted
numerous conferences on the Holocaust and genocide, has constructed a remarkable
memorial museum in Kigali, Rwanda, and has organized an all-party parliamentary
working group on genocide prevention in the British parliament, which became
the model for a similar working group in the Canadian parliament. Aegis has also formed student groups
throughout the UK, and each year leads the UK’s remembrance of the Holocaust.
The
International Association of Genocide Scholars
In 2005 the President of Genocide Watch was
elected First Vice President of the International Association of Genocide
Scholars (IAGS), and became IAGS President from 2007 - 2009. IAGS meetings became venues for meetings of
the International Campaign’s member organization leaders. Genocide Watch interns maintained the
Genocide Watch website and created the IAGS website as an avenue for
communication between its members and the general public. As President of
the IAGS, the President of Genocide Watch incorporated the IAGS, instituted
proper financial and accounting procedures, and advocated both a scholarly and
activist role for the IAGS. He planned
and directed the IAGS biennial conferences in Sarajevo, Bosnia and Herzogovina
in 2007 (attended by 500 people) and George Mason University in 2009. The IAGS Journal of Genocide Studies and
Prevention has become one of the most respected professional journals of
genocide scholarship, and its emphasis on prevention sets it apart from the
other major Journal of Genocide Research.
The IAGS President worked for rapprochement with the International
Network of Genocide Scholars, which will be consummated in the coming
year. The IAGS President gave numerous
speeches in the U.S., Europe, and Africa promoting the IAGS and the ICEG and
explaining genocide early warning and prevention through understanding the
stages of the genocidal process.
The
U.N. Secretary General's Special Adviser for the Prevention of Genocide
For its first three years a central goal of the
ICEG was ratification of the Rome Treaty of the International Criminal
Court. When the ICC Treaty entered into
force in July 2002, the ICEG shifted its main focus to creation of a position
of Special Adviser to the UN Secretary General for the Prevention of
Genocide. The President of Genocide
Watch and the Chairman of the Board of the International Campaign met with U.N.
officials in October 2002 to promote the establishment of a permanently staffed
Genocide Prevention "Focal Point" (as we first termed it) on the policy
planning staff of the U.N. Secretary General. In a paper presented to the
Stockholm International Forum on Preventing Genocide in January 2004, the
President of Genocide Watch proposed appointment of a "Special Representative
for Genocide Prevention" in the U.N. Department of Political Affairs. He
had shared the paper in advance with the Policy Planning staff and speechwriter
for the Secretary General. Secretary General Kofi Annan responded
positively to this idea and announced at the Stockholm Forum, and again at the
United Nations Commission on Human Rights commemoration of the Rwandan genocide
in April 2004, that he would name a Special Advisor for the Prevention of
Genocide. In the summer of 2004, he appointed Mr. Juan Mendez to this
position. Mr. Mendez had a distinguished career in the promotion of human
rights, and we regarded his appointment as a major step toward improving the
United Nations' work in preventing genocide. We advocated turning the
position into a full-time appointment when Dr. Francis Deng became the second
Special Adviser, and also advocated considerably increasing his staff.
Genocide Watch has also advocated institutional
ways to support the work of the Special Adviser, including the establishment of
a Genocide Advisory Group of experts on genocide prevention, and a Genocide
Prevention Center to provide independent assessments to the Office of the
Special Adviser for the Prevention of Genocide.
The Hungarian government has now taken up this idea, and plans to
establish such an international Genocide Prevention Centre in Budapest.
The
Interfaith Anti-Genocide Alliance
Genocide Watch has concluded that the next major
step in mobilizing a global movement against genocide is to enlist the already
existing organizational resources of religious organizations, because they have
the deepest grass roots and great potential for transcending ethnic and
national divisions. In 2007, Genocide Watch and the National Council of
Churches of the USA co-founded the Interfaith Anti-Genocide Alliance, and they
intend to work with many organizations and faith groups to harness the
tremendous organizational potential of religious groups to actively oppose
genocide, rather than causing it.
Genocide Watch has also worked with Martin Luther King III's Realizing
the Dream project, especially its post-conflict work in Sri Lanka. One of the ICEG's member organizations,
Plowshares, has focused its work on training leaders in non-violent conflict
resolution in Indonesia.
Genocide Watch is also developing contacts with
educational publishers and teachers' organizations to promote education for
tolerance. The President chaired a panel at a conference in Berlin in
March 2003 devoted to how school texts can be used to promote education about
the history of genocide and its prevention.
He also spoke at a conference on genocide education in Strasburg in 2009
sponsored by the Salzburg Seminar and has become a member of the Board of
Directors of the Salzburg Seminar's project on genocide education. He will attend a conference in Salzburg June
27 - July 2, 2010 that will continue this project. This summer he plans to complete his book, The
Eight Stages of Genocide, intended as a short introductory text for
secondary schools and introductory courses on genocide that will reveal the
common elements in the genocidal process.
The
Cambodian Genocide Project and the Khmer Rouge Tribunal
After serving as Field Director for Church World
Service and CARE in Cambodia in 1980, I returned to Yale Law School and in
1981, founded the Cambodian Genocide Project, Inc. in order to get the leaders
of the Khmer Rouge tried for genocide and crimes against humanity. The Cambodian Genocide Project was
incorporated as a 501(c)(3) tax exempt organization.
After a judicial clerkship and two years with a
corporate law firm, I became a law professor at Washington and Lee
University. In the 1980's Ben Kiernan, David Hawk, and I gathered
documentary evidence and testimony of eyewitnesses in Cambodia, including
scores of hours of video-taped testimony funded by the U.S. Institute of
Peace. A Memorial was prepared for a state-party to the Genocide
Convention to take to the International Court of Justice, claiming violation of
the Genocide Convention by Cambodia, which was still represented in the United
Nations by the Khmer Rouge regime.
Due to State Department opposition that reached
as far as Australia, we were unable to find any takers for the case and
realized that the problem was political. When it came to finding a
government to take the case to the World Court, we struck out. I learned
a crucial lesson: human rights are not lost because of the absence of law, but
because of the lack of political will to enforce it. We needed to change the
political will of crucial nations, notably the United States, which opposed
pursuing the case because it might legitimize the Vietnamese-backed government
in Phnom Penh.
A group of us set out to change the political
will of the U.S. government. Prof. Ben Kiernan, Dr. Craig Etcheson, Sally
Benson and others formed a coalition called the Campaign to Oppose the Return
of the Khmer Rouge, and I co-chaired its Justice
Committee. CORKR worked with the staff of Senator Charles Robb
to write the Cambodian Genocide Justice Act. Although it was opposed by the
State Department because it earmarked funds to establish an Office of Cambodian
Genocide Investigations in the State Department and declared that it was U.S.
policy to prosecute the leaders of the Khmer Rouge, the bill passed the United
States Congress in 1994 and was signed by President Clinton. The Cambodian
Genocide Justice Act also earmarked funds for the investigation of the crimes
of the Khmer Rouge. By 1992, I had taken the Foreign Service examination
and joined the State Department. I was assigned to the steering committee
for the Office of Cambodian Genocide Investigations.
The State Department held an open competition,
and in a decision from which I recused myself, the Office of Cambodian Genocide
Investigations steering committee unanimously chose to fund the Cambodian
Genocide Program at Yale University, founded by Professor Ben Kiernan. Over
the next two years, it was to receive $1.5 million in State Department
funding. As a result of the Cambodian Genocide Justice Act, the evidence
collected by the Cambodian Genocide Program and the Documentation Center it
established in Cambodia, along with pressure applied by Ambassadors David
Scheffer, Charles Twining, Charles Kartman, me and others within the U.S. State
Department, we finally moved U.S., and U.N., policy to support creation of a
tribunal to try the Khmer Rouge. Funds provided by the Cambodian
Genocide Justice Act supported establishment of the Yale Cambodian Genocide
Program and the Documentation Center of Cambodia in Phnom Penh, which produced
hundreds of thousands of pages of evidence of the atrocities committed by the
Khmer Rouge in Democratic Kampuchea.
In July 1997 as a Foreign Service Officer in the
State Department, I wrote the State Department options paper and
proposals that led to U.S. pressure on the United Nations to assist Cambodia in
trying the Khmer Rouge. In 1997, at the suggestions of Thomas Hammarberg
and David Hawk, the co-Prime Ministers of Cambodia requested assistance from
the U.N. in establishing a tribunal. The U.N. appointed a Commission of
Experts, which in 1999 recommended establishment of an international tribunal
outside Cambodia, a conclusion unacceptable to Cambodia.
The United Nations and the Royal Cambodian
Government (RCG) entered into negotiations to set up a tribunal. The U.N. withdrew from negotiations in
February 2002 citing concerns about the impartiality of the Extraordinary
Chamber proposed by the Cambodian National Assembly. The Cambodian Genocide
Project offered to assist in breaking the legal logjam, and with funding from
the Open Society Institute provided the legal advice to the Cambodian
government that led to the breakthrough March 17, 2003, when the Cambodian
government and U.N. Office of Legal Affairs signed an agreement to set up the
tribunal. The agreement was approved by the U.N. General Assembly in
2003, and by the National Assembly of Cambodia in 2004. As soon as
pledges of funding were raised for the tribunal, estimated at $57 million over
three years, the UN and Cambodian governments appointed judges and staff and
the Extraordinary Chambers in the Courts of Cambodia came into being.
The Cambodian Genocide Project worked with other
organizations in the U.S. and Cambodia to assist the Cambodian government in
doing the planning necessary to get the tribunal up and running. The
Cambodian Genocide Project, in particular, assisted the Secretariat of the
Cambodian government’s Task Force in preparing draft rules of procedure and
evidence for the tribunal. We benefited from the expertise and advice of
some of the finest international lawyers in the world in doing this work.
Most recently The Cambodian Genocide Project has
helped support clerks for the tribunal's judges through generous grants from
the Planethood Foundation, founded by Ben Ferencz, the Nuremburg Prosecutor of
the Einsatzgrupen, and his son, Don Ferencz of London. In November and December 2009, I conducted an
inquiry for the tribunal’s Victim’s Section into how victim testimony could be
preserved and used in healing of the trauma caused by the genocide.
My experiences with Genocide Watch, the
Cambodian Genocide Project, and the International Association of Genocide
Scholars have taught me a number of lessons:
1. As Rudy Rummel has pointed
out, the key to addressing the problem of genocide is confronting power.
Forces with the power to commit genocide must be overcome by forces with the
power to prevent it. Engaging those forces means mobilizing the world's
democracies to take action. There are ways to do that, such as getting
legislation passed to overrule a recalcitrant State Department bureaucracy.
But they take a lot of work by committed people. It is often better to work quietly with
people on the inside of powerful institutions, leveraging their decisions to
take action for prevention.
2. In the U.N., democratic
states can lead the Security Council to take Chapter VII action in some
situations when genocidal dictators like Saddam Hussein have committed
aggression. When the U.N. Security Council is paralyzed, as it often is,
and was regarding the Cambodian Tribunal, democratic states can lead the General
Assembly to take action. When that cannot be done, democratic states must still
take action to fulfill their obligations to prevent genocide, acting under the
customary international law of humanitarian intervention and its fuller modern
version, the emerging norm called the Responsibility to Protect.
3. Organizing a human rights
group or movement is full-time work. It cannot be done part-time.
That is why the Campaign to Oppose the Return of the Khmer Rouge hired Craig
Etcheson, who was largely responsible for the passage of the Cambodian Genocide
Justice Act. It is why the Cambodian Genocide Program needed a full time
Director, Susan Cook. Coordination of an
international campaign need not be a full-time job if its member organizations
do the work of the coalition. But the International Campaign to End Genocide
could have been more effective if it had hired full time help. The next phase in the anti-genocide movement,
a new Anti-Genocide Alliance will almost certainly require full-time personnel,
especially to enable international organization in countries at risk.
4. Effective human rights work
costs money, lots of money. A few human rights groups like Human Rights
Watch, Amnesty International, the International Crisis Group, the US Holocaust
Memorial Museum, the Fund for Peace, and the Open Society Institute have the
biggest foundation funders and professional fundraising operations. Representatives of the major foundations even
sit on the Boards of Directors of the human rights organizations they fund, or
maintain intimate connections with the organizations. Some would say
these are interlocking directorates; others that it's just good
grantsmanship. But it means to get money, you have to have money to pay
professionals to get it. It is an
exclusionary game, in which the organizations that have funding shut out
organizations that have none, and also keep them out of decision-making. It is
not a good way to fund a true international coalition. Government money can be gotten through national
legislation. That is how the US Institute of Peace is funded, as well as
efforts in Sweden, Norway, and Switzerland. But the bureaucracy will fight
earmarks, as the State Department did vociferously against passage of the
Cambodian Genocide Justice Act. And
changes in government can end prevention programs.
From the beginning, neither
Genocide Watch nor the Cambodian Genocide Project have sought foundation grants
or attempted to increase our budget. The
initial gift of $25,000 for our work made by Charles Pillsbury and Jean
Sanderson has supported everything we have done. The work has been self-sustaining, with every
project financed as it has proceeded, and every honorarium for speaking plowed
into the organization budget. Scores of
student interns have contributed their time and brilliance to doing the work of
the organization, and designing and maintaining the website. No one has ever received a salary for their
work, though I insist on paying interns for their time or giving them academic
credit because I do not believe in intern exploitation.
5. Institutionalization is
vital to long-term genocide prevention.
That is why the International Campaign to End Genocide has made its
priorities creation of the International Criminal Court; support for the ICTY,
ICTR, Sierra Leone, East Timor, and Cambodian Tribunals; creation of the
position and office of the UN Special Adviser for the Prevention of Genocide;
support for creation of an international Genocide Prevention Centre;
strengthening of the International Association of Genocide Scholars, and
creation of an Interfaith Antigenocide Alliance.
6. The most effective genocide
prevention is done long before the rifts in a society reach the stage of
violent conflict. That is why
strengthening of local and national institutions in countries at risk should
now become our top priority.
The
Importance of Our Movement
I believe the International Campaign to End
Genocide in the twenty-first century will someday be seen in the same way we
see the anti-slavery movement of the nineteenth century. It is time in
human history to end genocide, the worst of all crimes against humanity.
There were those in the nineteenth century who said that slavery couldn't be
ended because the economic forces that supported it were too great, that it was
human nature, or even worse, that it was ordained by religion. There will
be similar defeatism about the movement to abolish genocide. There has
always been genocide, so it must be part of human nature. The world political
order is not yet developed enough to prevent and stop it. Or, worst of
all, genocide is ordained by jihad or ethnic purity or religion.
But those who say we cannot end this curse upon mankind are no more
right than those who said slavery could not be defeated. It is a matter
of human will. And we make that human will. As Archbishop Tutu is
fond of saying, "God is a God of justice. But to do justice, God
depends on us."
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