Impunity led to new genocides - Melanie O'Brien

YEREVAN, DECEMBER 12, ARMENPRESS. During the 5th Global Forum Against the Crime of Genocide, experts will discuss issues and problems that will help to take into account the genocidal risks and further strengthen mechanisms for prevention of mass atrocities, Melanie O'Brien, President of the International Association of Genocide Scholars (IAGS), said during the opening of the 5th Global Forum Against the Crime of Genocide in Yerevan.

She said that her book - From Discrimination to Death: Genocide Process Through a Human Rights Lens presents genocide as pattern of human rights violations, a pattern that must be recognized, condemned and prevented through international mechanisms.

The pattern should be used by prosecutors and judges of international courts to argue that genocide has taken place, or is taking place. She said that the role of courts needs to be reconsidered when it comes to genocide. Genocide is a process, not an event.

"The process of protecting human rights around the world must be consistently monitored. The work of judges who make decisions on committed crimes and the arrest of perpetrators is also very important. Courts administering international justice must monitor the processes, because we are not talking about one isolated genocide that takes place in one place, but also about mass crimes that take place over a long period of time,” she said.

In her opinion, many focus on mass killings, but the term "genocide", the definition of which is given in the relevant convention, includes not only killings, but also other crimes which can lead to mass killings.

“Judicial bodies, especially the International Court of Justice, can make decisions that will prevent future mass crimes and the continuation and expansion of genocides. There are examples when modern crimes against humanity could have been prevented in time, but were not. We are witnessing such processes in Sudan, Myanmar, Palestine. If the perpetrators were arrested and brought to justice, perhaps others would think twice before committing their crimes. Impunity has led to the fact that new genocides are being committed today,” Melanie O'Brien said.

She called on all international courts to utilize their tools and hold perpetrators to account. The scholar reminded that international courts have already issued arrest warrants for some world leaders, but international justice is facing problems in executing these warrants.

Consistent accountability can be an effective preventive tool, and this requires political will, she said.

Signatories of the Rome Statute must unconditionally implement all its provisions and arrest war criminals on their territory and hand them over to international justice, O'Brien said.

As an example, the scholar mentioned the ICC arrest warrants for Israeli PM Benjamin Netanyahu and ex-defense minister Yoav Gallant, as well as Russian president Vladimir Putin. However, O’Brien said, some countries have refused to arrest and extradite them to the ICC jurisdiction in case of their travel to their country.
O'Brien said all countries that are part of the international judicial system must pressure countries where mass atrocities are committed, forcing these countries to adhere to their assumed obligations. In case of genocide, she said, both the perpetrators and those who turned a blind eye are equally guilty.