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  • Genocide - OpEdWritten by: TransConflict

    Eurasia Review
    March 7 2012

    Genocide - OpEdWritten by: TransConflict

    March 7, 2012
    By David B. Kanin

    The struggle to control the term `genocide' has become a contested
    conceptual space, turning cautionary lessons in how bad we can be into
    disputes over just how bad things really were.


    One of Thomas Jefferson's most often cited maxims was that `the earth
    belongs always to the living generation.' Jefferson urged a new world
    to avoid the inherited aristocratic structures and incessant warfare
    that he believed kept the old one's tyrannical systems in place and
    held back human progress. Living at the cusp of the nationalist era,
    he did not have to consider the soon-to-be constructed rivalries of
    national memories and atrocities - the latter witnessed, recorded, and
    catalogued - which have ensured that in our current world the dead
    often have as much purchase as the living.

    The Third Reich, with its afterlife in law, entertainment, and the
    mass media that never seems to end, has reinforced this condition. As
    points of comparison, `Hitler' and `Nazi' have become clichés called
    into use when someone is of a mind to put someone else in the worst
    light possible. Similarly, genocide' has become a blanket epithet
    used to vilify (often enemy) perpetrators; it also serves as a slogan
    helping to pay homage to murdered (often co-national) victims. After
    World War II genocide gained legal status, and certainly stands as a
    criminal category used by human rights activists and a burgeoning
    international prosecutorial system dedicated to preventing horrors, if
    possible, and to enforcing justice, if not. However, the mixture of
    this concept with rival communal memories, nationalism, and
    traditional categories of diplomacy and power politics does some harm
    even while the legal process attempts to do some good.

    The problem is that - reasonably enough - many who have suffered
    through the murder of loved ones in the context of mass slaughter are
    not satisfied to have these horrors classified as anything but
    genocide. It is not enough to speak of mass murder, `crimes against
    humanity' (another legal neologism), or anything else connoting
    something less than the superlative category in the class of the worst
    possible human activities. Any effort to demote horrific events to
    something less than genocide becomes a new crime against the survivors
    and the loved ones of those who did not survive.

    The necessary identification of the Holocaust as genocide puts a
    unique semantic fence around the effort to wipe out European Jewry.
    This is appropriate because of the stated intention, unique industrial
    evolution, and bestial organization involved in those intentional
    horrors. Regarding other cases of mass murder, however, the struggle
    to control the term `genocide' has become a contested conceptual
    space. Arguments among politicians, officials, lawyers, and
    commentators turn what should be cautionary lessons in how bad we can
    be into disputes over just how bad things really were.

    Turks and Armenians currently are getting the genocide headlines, with
    a Constitutional Council decision apparently invalidating legislation
    in France (which has had its own moral tussle over the extent to which
    its wartime government contributed to the Holocaust) that would have
    made it a crime to deny that the mass slaughter perpetrated by Ottoman
    forces against Armenians during World War I constitutes `genocide.' A
    Turkish Minister provocatively denied this genocide while on a trip to
    Switzerland, which has a similar law, and declared `let them come
    arrest me.' Swiss authorities prepared to do just that. Recent news
    stories have repeated competing Armenian and Turkish versions of what
    happened during 1915-16. Rival Armenian and Turkish lobbying groups in
    various countries have gotten down to work. Azeri commentators have
    supported the Turks for parochial reasons, blurring the issue.

    The good news is that this means the victims are not forgotten.
    Nevertheless, while this may lead to some sense of justice concerning
    the fate of the dead, it is hard to see what it does to promote any
    sort of reconciliation among the living. To be sure, various human
    rights experts conduct workshops and declare lessons learned, but the
    competition goes on to capture the word, apply it to an adversary, and
    reject its application to one's self.

    In the post-Yugoslav Balkans, the contest over the ownership of
    `genocide' often is linked with the mass murder of thousands of
    Bosniak men and boys at Srebrenica by Ratko Mladic's Bosnian Serb
    troops in 1995. Mladic's trial will legally define his actions, but
    in the meantime Serbia, the Bosnian Serb Republic, legal authorities
    in the notional Bosnian central state and in the Bosniak-Croat
    Federation, and relatives of the murdered determined not to permit any
    downgrading of the definition of Bosnian Serb culpability use genocide
    as a semantic and moral football. The magnitude of what happened at
    Srebrenica sometimes overshadows the other murders, rapes and
    management of prisoners' camps that accompanied the worst violence in
    Europe since World War II. The prospect that Serbs will gain control
    of local government in Srebrenica in elections later this year has
    reopened old wounds.

    Each trial in The Hague pits the defendants' national supporters
    against the victims' community of loss - trials closer to home of
    lesser known figures often do not attract as much attention. Some
    Serbs complain the international legal process unfairly vilifies them;
    other groups insist Serbian perpetrators have not been punished firmly
    enough. At times, the formerly warring factions fight battles over
    whether ambiguous events qualify as war crimes. The Bosnian Serb
    Republic, which labors under the accusation of some of its Bosnian
    `partners' that it is a product of genocide, will not let go of the
    killings of Yugoslav soldiers on Dobrovoljacka Street in Sarajevo in
    early May 1992. That event was an awful part of a chaotic day in
    which Alija Izetbegovic was kidnapped and the Yugoslav military
    commander found himself trapped. A Bosnian Serb spokesman labelled an
    international prosecutor's decision last month to suspend the case for
    lack of evidence as `illegal, tendentious, and biased.' Two decades
    after the event, there apparently still is no room for a protagonist
    to acknowledge that someone across the line might just be making a
    professional, if difficult, decision.

    What is the optimal relationship between remembering the victims and
    developing some sort of process by which living generations in the
    Balkans can forge constructive relationships? History really does not
    help much when it comes to this problem. The Nuremberg example
    sometimes pointed to as the exemplary model actually was an
    exceptional case in which a portion of the perpetrators - in the
    emerging West Germany - accepted Germany's criminal culpability.
    Communist East Germany never acknowledged any responsibility for the
    crimes of Fascism (which it insisted only implicated the Fascists).

    The Asian counterpart to Nuremberg was an example of the more common
    post-Tribunal process. Japan buried its war criminals with honor, and
    some politicians continue to visit the spirits of those commemorated
    at the Yasukuni shrine. Only decades after the War did Japan
    grudgingly acknowledge a general responsibility for the acts of its
    Japanese war criminals, but its apology satisfied few of its victims;
    relations between Japan and both China and Korea remain tainted by
    contested versions of what happened.

    The West's Tribunal model incorporates definitions of genocide, crimes
    against humanity, and other categories in a context containing a fair
    amount of self-righteousness. In the Balkans, European and American
    overseers - whose countries benefited centrally by committing all the
    acts they later defined as crimes and now prohibit others from
    practicing - permit only rhetoric and actions accommodating their
    one-size-fits-all teleology of civic, multicultural Democracy. Trials
    run by international legal bureaucrats may provide an element of
    justice, but whether they stoke or diminish communal anger is, at
    best, debatable. Recent books by Jelena Subotic and Lara Nettelfield
    offer contrasting and interesting views on how the work of the
    International Criminal Tribunal on former Yugoslavia has affected the
    region.

    NGOs and local activists usefully pay attention to alternatives to
    Tribunal justice. Truth and Reconciliation commissions seem to have
    had some constructive impact in Rwanda, but disagreement over who shot
    down that country's (Hutu) President in 1994 and allegations of poor
    behavior by its current (Tutsi) Administration remain on the table.
    This model has been tried in various Balkan localities with mixed
    results. It is hard to tell whether direct communication between
    perpetrators and victims can work constructively while at the same
    time highly politicized public disputes continue between victims and
    defenders of the iconic monsters on display in The Hague. It is a
    good thing that theorists and practitioners continue to consider what
    combination of Tribunal, Truth and Reconciliation, and other processes
    might protect the interests of both the living and the dead.

    Every now and then something happens that gives cause for a little
    hope. Recently, Bosniak military veterans announced they would share
    some of their pension money with Bosnian Serb counterparts. These
    groups share material interests and a common belief they are being
    treated badly by the societies they defended (and, no matter the
    fiction of `Bosnia,' which remain plural). Bosnian Serb veterans
    expressed surprise, but were grateful for the support and said they
    would behave the same if the situation was reversed. This
    communication across the lines was particularly constructive because
    people who played a central role in the battles of the nineties
    humanized each other and avoided the poisonous argument over whether
    the Serb Republic is a congenital product of genocide.

    It would be helpful if this positive moment leads to regularized
    contacts between groups in the two entities who share interests and a
    willingness to improve inter-communal relations. Such practical
    arrangements would not provide a magic solution for the many problems
    inherent in as artificial a construction as the current Bosnia.
    However, they might at least create constructive experiences in the
    present that eventually might enable the trust necessary to reconsider
    usefully whatever people decide to call the atrocities of the past.

    David B. Kanin is an adjunct professor of international relations at
    Johns Hopkins University and a former senior intelligence analyst for
    the Central Intelligence Agency (CIA).

    http://www.eurasiareview.com/07032012-genocide-oped/


    From: Baghdasarian
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