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  • Awakening The World's Moral Conscience

    AWAKENING THE WORLD'S MORAL CONSCIENCE

    Acton Institute
    March 16 2015

    by Matthea Brandenburg

    The mass killings of minority groups, which have occurred time and
    time again throughout history, are often beyond comprehension. How
    can humans be capable of such evil?

    But even more inexplicable and troubling is the fact that many of
    these atrocities have gone largely unnoticed. They have not received
    due recognition and response either from heads of states or the public
    at large.

    Fortunately, these tragic historical events have not eluded all. The
    new documentary, "Watchers of the Sky," released on DVD in February
    2015, details the story of Raphael Lemkin, the largely unknown
    Polish-Jewish lawyer who coined the word "genocide" and almost
    singlehandedly lobbied the United Nations to adopt a convention in
    1948, making it a crime under international law.

    The film, directed by Edet Belzberg, is inspired by Samantha Power's
    Pulitzer Prize-winning book, "'A Problem from Hell': America and the
    Age of Genocide." Power currently serves as U.S. ambassador to the
    United Nations.

    Lemkin, the documentary's main protagonist, studied mass atrocities
    from a young age and possessed a unique empathy for distant victims
    of suffering, while recognizing humans' universal capacity to impose
    great harm on each other. As Power explains in "Watchers of the Sky,"
    Lemkin often said that a "line of blood ran from the Roman Empire up
    to the present."

    Lemkin knew that mass killings were not just a problem of the past,
    but a prevailing atrocity that could affect people of any culture. By
    sharing his experience, the documentary serves to remind us of this
    reality. It's an important wake-up call for all who believe they are
    safe from tyranny.

    "Watchers of the Sky" uses artful animation and archival video footage
    to weave Lemkin's fascination with persecution as a youth to his tragic
    experience as a refugee in World War II as well as his work combatting
    the greatest crime against humanity. By studying countless "ethnic
    cleansings" throughout history, Lemkin discovered an alarming trend:
    Government leaders were able to carry out murderous campaigns within
    their borders, without interference or punishment from other states.

    After asking his law professor why, for example, the Armenians did
    not have Turkey's interior minister arrested after his government's
    targeted murder of Turkish Armenians from 1915-1918, Lemkin learned
    that there was no law under which he could be arrested. The professor
    said, "Consider the case of a farmer who owns a flock of chickens. He
    kills them and this is his business. If you interfere, you are
    trespassing."

    The idea that state sovereignty effectively enabled a leader to
    exterminate his own people without recourse troubled Lemkin greatly
    and led him to ask the question, "Why is the killing of a million a
    lesser crime than the killing of an individual?"

    Though a seemingly basic concept, prosecution of mass atrocities
    was still an infant idea within the international sphere. "Watchers
    of the Sky" embellishes this point with scenes from the Nuremberg
    Trial and the scramble of lawyers to develop a method for trying
    Holocaust perpetrators. Though an important step toward justice, the
    greatest murder trial in human history still failed on some levels,
    condemning mass killing only in times of war but not in times of
    peace. In addition, Nuremberg's jurisdiction only included some types
    of genocide. For a perpetrator's actions to be considered illegal,
    they needed to cross an international border; killing minorities within
    their country was still permitted under the law. Lemkin believed these
    missing legal pieces were a great disservice to people victimized by
    their own government.

    Depicting both the professional and personal aspects of Lemkin's life,
    the documentary encourages the viewer to more fully enter into his
    struggle and uncover why he considered creating and improving human
    rights law such a necessary cause. For example, we learn that 49 of
    his family members, including his parents, perished in the Holocaust,
    a tragedy that only reinforced his commitment to the campaign.

    Creating a word to describe the crime (genocide) was an important
    first step, but Lemkin's real challenge lay in eliciting concern
    for mass killings and proving that criminalizing them would be a
    worthwhile legal advancement.

    Through great persistence and exhaustive lobbying efforts, in 1948
    Lemkin convinced the newly formed United Nations to unanimously
    adopt his Convention on the Prevention and Punishment of the Crime
    of Genocide. But Lemkin did not stop there. "Watchers of the Sky"
    details his tireless efforts to make the convention the most heavily
    supported in United Nations history. He wanted to ensure that country
    leaders understood that their actions, no matter how grievous, would
    not go unnoticed.

    Yet throughout this process, Lemkin's efforts were not necessarily
    admired by his colleagues. The documentary expresses the sentiment
    shared by many political figures at the time: Lemkin was an annoyance.

    A man without a formal title, he would lurk around the U.N.

    headquarters trying to gain support for the convention from anyone he
    could. Many diplomats didn't consider genocide to be a top national
    interest or were afraid that condemning it, under the approach offered
    by the convention, would infringe on the rights of other states,
    or even their own.

    Eventually, in the years following Lemkin's death in 1959, the United
    States and most other U.N. members signed the convention. In essence,
    Lemkin's contributions catalyzed the process of building a foundation
    for international human rights law, an impressive achievement,
    especially for one man. To this day, the convention remains the
    hallmark legislative piece for condemning genocidal acts.

    Yet, as "Watchers of the Sky" makes clear, this tool for criminalizing
    and deterring such offenses against humanity has been shamefully
    underutilized. Since the adoption of the convention, the world
    has witnessed numerous instances of genocide-- in Cambodia, Iraq,
    the former Yugoslavia, Rwanda, and Darfur--just to name a few. Very
    few of their perpetrators have undergone examination and prosecution
    under the international community's jurisdiction.

    Even with the sound legal framework Lemkin created, garnering universal
    compliance has proven difficult. As Luis Moreno Ocampo, former
    prosecutor of the International Criminal Court (ICC), and feature
    interviewee in the documentary reminds us, "The global community is
    very primitive." It took nearly 60 years to move from the United
    Nations' adoption of Lemkin's genocide convention to the creation
    of the ICC, the international body in charge of adjudicating charges
    of genocide. And since its creation in 2002, the body has encountered
    roadblocks in condemning crimes against humanity. Not all countries are
    signatories to the ICC, rendering their leaders immune from punishment.

    Nonetheless, Moreno Ocampo and others featured in the
    documentary--Samantha Power, Benjamin Ferencz (former Nuremberg
    prosecutor who still tenaciously lobbies the U.N. for peace), and
    Rwandan Emmanuel Uwurukundo (U.N. refugee agency field director in
    Chad)--courageously continue to stand up against present acts of
    inhumanity, even if the broader international community does not
    listen and treats perpetrators with impunity. Even if a particular
    mandate does not offer a direct solution to the problem, this does
    not mean condemnation should cease.

    The documentary provides a prime example of this. In 2009, Moreno
    Ocampo issued the first ever ICC arrest warrant against a currently
    serving head of state, Omar al-Bashir, the president of Sudan. Al-
    Bashir's regime had been committing acts of genocide against the
    people of Darfur for nearly 10 years. Despite significant pushback
    from members of the international community and the fact that Sudan is
    not a signatory to the ICC, making it difficult to arrest al-Bashir,
    Ocampo urged U.N. Security Council members and diplomats to take
    action. He reinforced that in the face of evil, silence never helps
    the victims; it only aids the criminals.

    Raphael Lemkin

    Though seen as idealistic and mostly ineffective at intervening and
    punishing crimes against humanity, international bodies like the
    United Nations and ICC are depicted in the documentary as playing
    a vital role: upholding a moral conscience within the international
    community. For when states do not protect their own people, some form
    of external accountability is needed.

    The portrayal of Lemkin's life and the arduous work of others featured
    in "Watchers of the Sky" demonstrates that building universal consensus
    around international law is a gradual process, not to be accomplished
    overnight. But the film brings a small glimmer of hope through the
    great work of Lemkin, who to this day is not known or revered in many
    circles. Despite his impressive contributions, he was largely ignored
    during his life, before dying in poverty and obscurity, with less than
    a dozen people attending his funeral. Thanks to this documentary,
    many more people will have the privilege of learning about Lemkin's
    story, and thus save it from becoming lost in the pages of history.

    In a world full of so much evil and hurt, some, such as Power and
    others featured in the film are protecting Lemkin's legacy with
    the understanding that their efforts may not yield transformative
    results in their lifetime. Nonetheless, they move forward knowing
    their contributions will add to future comprehensive and effective
    framework to prosecute genocide perpetrators.

    Their efforts also serve to remind that all human lives, no matter how
    distant from our own, are valuable and deserving of protection. As
    Lemkin stated, "The main thing is to make the nations of the world
    feel that minorities are not chickens to be slaughtered, but people
    of great value to themselves and to the world."

    Bringing such genocidal atrocities to the world's attention and
    exposing the harsh realities they entail is a vital service,
    especially considering the widespread pattern of inaction that
    has been established. "Watchers of the Sky" provides this value,
    offering people from all walks of life a comprehensive snapshot into
    the horrors of the past centuries.

    The documentary's invitation for us to visualize and learn of others'
    suffering is not ill-founded, however. Rather, it is essential for
    connecting with those in distress and then working through whatever
    means possible to mitigate the damage and deter future tragic events.

    If we avert our eyes from the suffering, we cannot begin to understand
    global atrocities and propose actions to curb their recurrence.

    The ongoing conflicts in Darfur, Syria, and other regions of the world,
    remind us that genocide is a problem of our time. The struggle Lemkin
    faced is now our own. While we benefit from the legal framework he
    provided, international law still requires advancement, and universal
    consensus around moral absolutes has not been reached. How will we
    contribute to the cause?

    Matthea Brandenburg works on the Acton Institute's initiative,
    PovertyCure.

    http://www.acton.org/pub/religion-liberty/volume-25-number-1/awakening-world%E2%80%99s-moral-conscience


    From: Baghdasarian
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