International Criminal Law – UAB Institute for Human Rights Blog

Remembering Rev. Dr. Martin Luther King, Jr. as we Celebrate Human Rights Day

by Chadra Pittman

“An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity.” Dr. Martin Luther King, Jr

photo of MLK making a speech — Source: Yahoo Images

On this day, January 16, 2023, we remember a man known as the champion of human rights, Civil Rights Leader, Dr. Martin Luther King, Jr., who would have been 94 years old had he lived. As the leader of the Civil Rights Movement, Dr. King dedicated his life to advocating against racial discrimination and injustice. Through multiple death threats, the bombings of his family home, enduring physical attacks and being stabbed, until his assassination on April 4, 1968; Dr. King remained committed to the principle of non-violence. He was only 39 years old when he was killed.

Dr. King believed in the universality of human rights for all and acknowledged that, “Injustice anywhere is a threat to justice everywhere.” What better way to begin a blog about “Human Rights Day” and the “Universal Declaration of Human Rights”, than on the day we commemorate the birth of a man who used his voice, and ultimately risked his life in pursuit of equal rights for all of humanity,

The UDHR document — Source: United Nations

Seventy-five years ago, the United Nations adopted the Universal Declaration of Human Rights on December 10, 1948, at a General Assembly meeting in Paris. The UDHR was created to formalize a global standard for human rights across the world. Annually, on December 10th, a day which commemorates the passing of the UDHR, the UN acknowledges this day as Human Rights Day.

What is the Universal Declaration of Human Rights?

In less than half a century, the Universal Declaration of Human Rights (UDHR) has come to be regarded as possibly the single most important document created in the twentieth century and as the accepted world standard for human rights. Referred to as a milestone document in the history of human rights, the UDHR is a collaborative effort of experts from the legal and cultural fields from around the world. The goal was to create a document which rights would be acknowledged globally and would serve as protection for all people living within any nation across the world.

As the most translated document in the world, the UDHR is available in 500 languages, which speaks to the efforts made to ensure that all humans across the world are aware of their human rights, can access them in their native language and know that those rights are acknowledged by the United Nations and the world. It was Former First Lady of the United States, Eleanor Rooselvelt, who served as Chair of the Human Rights Commission (HRC), who advocated for the declaration to be “…written in clear accessible language so that it might be readily embraced by peoples of the world. She exerted similar pressure on the U.S. State Department, arguing that for the declaration to have any impact it must not be seen as an American or western dominated document.” She also recognized that the U.S. would receive criticism for advocating for human rights across the globe, when the racist policies of Jim Crow were plaguing the lives of African Americans within the United States. Even so, the Commission forged onward and the UDHR was born.

UN Poster that reads "Stand Up for Human Rights" — Source: United Nations

Timeline for the Universal Declaration of Human Rights

On April 25, 1945, on the heels of World War II, representatives from fifty nations met to “organize the United Nations” in San Francisco, California. On June 26, the representatives adopted the United Nations Charter, Article 68. The purpose of this article was for the General Assembly to “set up commissions in economic and social fields and for the promotion of human rights.”

In December 1945, Former First Lady Eleanor Roosevelt was appointed by then President Harry S. Truman to the United States delegation to the United Nations. UN Secretary-General Trygve Lie, appointed Roosevelt to the commission and with the task of creating the formal Human Rights Commission (HRC).

In February 1946, a “nuclear” commission on human rights was created by the United Nations Economic and Social Council (ECOSOC) and its job was to recommend a “structure and mission for the permanent Human Rights Commission (HRC)”.

In April 1946, Roosevelt was nominated to be the chair of the HRC. The ECOSOC gave the HRC three tasks to complete: “a draft International Declaration, a draft covenant, and provisions for the implementation.”

On December 10, 1948, after convening with “representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris (General Assembly resolution 217 A).

Roosevelt led the way to ensure that the declaration was inclusive and advocated that when considering human rights that the State Department make sure that, “it must not be seen as an American or western dominated document… advocating that they “…expand its concept of human rights from a concept of merely political and civil rights to include economic, social, and cultural rights.”

What are the Human Rights Concerns of 2022?

One might think, we have come far in our efforts to afford equitable attainment of human rights to all people across the world. While we, collectively have made strides, we still have a long way to go to free the world of human rights violations. According to the Institute for Human Rights and Business, listed below are the top 10 human rights issues in 2022.

Redesigning supply chain
Personal Data Tracking & Tracing
Stranded at Sea
Wage Abuse
Office and Work Place
Forced Labor
Climate Change
Racial Matters
Standards Fragmentation
Transition Finance

These issues are reflective of the ongoing and unprecedented impact of COVID-19.

On December 10, 2023, the 75th anniversary of the Universal Declaration of Human Rights will be celebrated. However, on Human Rights Day, December 10, 2022, the United Nations will launch a year-long campaign to showcase the UDHR by focusing on its legacy, relevance and activism.” The 2022 slogan is “Dignity, Freedom, and Justice for All.”

How to Participate in Human Rights Day on December 10th and beyond

Your college experience is full of opportunities to grow and learn, academically, socially and even politically. You will meet people from varying backgrounds and having lived experiences which may be foreign, pun intended, to you. So on Human Rights Day, what can you do to support the initiative? Well, the college interns at the United Nations Association, came up with 10 Ways to support Human Rights Day. Hopefully, you will be inspired to do one.

1. Pass a student government resolution: Work with a member of your student government or student council to pass a resolution in honor of Human Rights Day.

2. Write an op-ed or article in your school’s newspaper: School newspapers can be a great place to talk about the importance of human rights around the world.

3. Stage a public reading: Set up a microphone in your student center or, if the weather’s right, outside and read the Universal Declaration of Human Rights in full.

4. Set up a free expression wall: Set up a blank wall or giant piece of paper and encourage your friends to write about what human rights mean to them.

5. Make a viral video about human rights day: Film your UNA chapter kicking it Gangnam style to celebrate human rights and put the video online: it’ll go viral in a matter of minutes.

6. Start a Facebook campaign: Encourage your friends to change their profile pictures to an individualized Human Rights Day banner.

7. Hand out t-shirts and other gear: If you have the funds, buy t-shirts, sunglasses, or even 90’s-style sweatbands featuring a slogan about human rights to give to your classmates.

8. Coordinate an extra-credit lecture: Work with professors in the history department, the law school, or the international relations program to host a lecture about human rights, and work with other professors in the department to get attendees extra credit—trust us, your friends will thank you.

9. Hold a candlelight vigil or other commemorative event: While it’s important to have fun, human rights are serious business. Consider holding a vigil or other event to commemorate those who have suffered human rights abuses and those whose human rights are still violated.

10. Hold a talent show, dance, or party: Big social events are a great way to bring awareness to an issue, so why not have a human rights-themed party? Free admission if you dress up like Eleanor Roosevelt or Ban Ki-Moon. Also, here are two organizations you can support: Free and Equal and He for She.

Former President of South Africa, Nelson Mandela once said that, “To deny people their human rights is to deny their very humanity.” For the past 75 years, the UDHR has existed to ensure that our human rights are not violated, and if they are that there is accountability on a global stage. We all deserve the right to live freely and uninhibited, the freedom to love who we want and practice the religion of our choice. We must work together as a humanity to ensure that protecting our human rights continues to be a priority.

For Dr. King, protecting, and advocating for human rights and speaking out against injustice was his priority. On August 28, 1963, officially called the March on Washington for Jobs and Freedom… some 250,000 people gathered at the Lincoln Memorial, and more than 3,000 members of the press covered the event. On that historic day, Dr. King said, “I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident, that all men are created equal.”

Let us work together to transform his dream into reality. Beyond this nation of the United States, let us work collectively to ensure equal and equitable rights for ALL women, men, and gender nonbinary humans. Protecting human rights was a priority for Dr. King. On November 3, 1967, just a few miles away from this campus of UAB, Dr, King wrote his infamous ‘Letter from a Birmingham Jail” to the Clergymen.

Martin Luther King Jr. in Jefferson County Jail, Birmingham, Alabama, November 3, 1967 Fair use image“While confined here in the Birmingham jail, I came across your recent statement calling my present activities “unwise and untimely… I am in Birmingham because injustice is here… Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

Dr. King reminds us that “The time is always right to do what is right” and that we as a humanity must ensure that the single garment of destiny is threaded with equal rights for all humans for this is the only true way forward. In the spirit of Dr. King, we must work to ensure that the rights of ALL humans are acknowledged, respected and protected by law, and not just on Human Rights Day, but every day, and everywhere across the globe.

Control by Threat of Force: The Abuses of the Criminal System of North Korea

A person sits in the corner of a small, dirty cell with nothing but a mattress and a small bowl. They are sitting in a ball with their arms around their legs and their head down. — Most prison cells are smaller than this one. Source: Yahoo! Images

Note from the author: This post is the third of my four-part series on the North Korean Regime. I recommend reading the first two parts before this one, but it is not required to understand this part. To find the other parts, scroll down and click on “View all posts by A. Price.” If the last part is not available yet, be sure to check back in during the upcoming weeks when it will be posted.

Content Warnings: torture, malnutrition, imprisonment, death, suicide, rape

As you are reading this, there are children in labor camps who have no idea that a world exists beyond their barbed wire. They believe that the entire world is confined within the fences that hold them. They have never heard of countries, the regime that holds them there, or the existence of people who look different from them. They were born to enslaved, imprisoned parents and taken from them before they could even wean off breast milk. They have never felt as though they’ve had enough to eat. They have lived in a constant state of overwork and malnutrition for their entire lives. They don’t know about the Kim Dynasty or the regime. All they know is that the guards who hold them there are above them. They hold all the power in the world in their batons and rifles. The lingering threat of death holds their minds captive, reducing them to survivalists, doing anything they can to stay alive. They catch mice, rats, and moles to eat. They avoid confrontation with the guards and hide their pain so as to not disappoint the powerful guards with their lives in their hands.

There has only ever been one known escapee from these horrifying “Special Total-Control Zones” where children born to prisoners are held for their entire lives. Shin Dong-Hyuk had no idea that a world existed where food was sufficient until one of his friends told him about Kim Jong-Il and the world beyond the prison camp. When the guards left them alone outside for a split second, he and his friend decided to make their break. His friend fell unconscious due to the high voltage barbed wire fence, and Shin used his friend’s body to climb out and run away. He never saw his friend again, and his deepest regret is not going back to rescue him. Hear him tell his story here.

A man with glasses and a blue shirt speaks into a microphone. Behind him are signs, one reading, “Shout for Freedom.” — Shin Dong-Hyuk. Source: Yahoo! Images

Status of Legal Code

The Worker’s Party of Korea (WPK) intentionally writes laws in abstract, vague language. The laws are never communicated to the general public who are supposed to be following them. This gives the regime complete and total power over the criminality of these citizens. If a person of a high Songbun (class) wants a person of a lower Songbun to be arrested for any reason, they will simply interpret the law to mean whatever they want it to mean and have that person arrested. Common offenses include “conspiracy to subvert the State”, “treason against the Fatherland”, and “illegal trade.”

Guilty Until Proven Innocent

When a person is accused of having broken a law, they are immediately detained by police. Rarely are they told the reason for their arrest or the rights that they have. They are brought to a jail where they are not told the amount of time until their trial. The only form of bail is the informal bribery of the guards. Only a lucky few with resources and connections are able to leave the station at this point in the process.

When their trial date comes along, they have no say in the outcome. If they do not prove themselves to be innocent beyond a reasonable doubt, then they are assumed to be guilty and sentenced at the judges’ discretion. For most of them, their only hope is that a family member has bribed the judge in their favor. In most cases, this bribe costs their family everything that they have, ruining their lives and pushing them deeper into poverty.

A person sits in a witness booth in front of at least four judges. There is an armed guard standing behind him, and a North Korean flag hanging on the wall behind the judges. — Free and fair trials are non-existent in the DPRK. Source: Yahoo! Images

Forced Labor as Punishment

The main form of punishment used by North Korea is imprisonment in forced labor camps. They believe forced labor to be a form of repatriation in that when a person works for their country, they will grow an appreciation for it and be less likely to commit a crime against it. That, of course, is just what they tell people. The WPK knows that the purpose of these prison camps is to exploit the slave labor of people deemed “undesirable” and to feed the ego of the state. They know that the people in these prison camps are being tortured. I truly believe that if the WPK could do anything to possibly make the lives of these people worse, they would do it without question. The WPK is the embodiment of evil, and being in a labor camp controlled by them is completely and unfeasibly miserable.

Human Rights in Prison Camps

This section, in particular, will detail some of the torture endured by prisoners. If learning of this torture will be of particular detriment to your mental health, I recommend ending here and reading any of the other articles on this site that may be easier for you to stomach.

When in a North Korean labor camp, guards have full and complete discretion over the lives of the prisoners. Guards in this situation grow increasingly sadistic as they continue their jobs and commit heinous acts in the name of their regime, justifying it by dehumanizing the people under their control. Most people, especially those with female anatomy, do not leave these camps without being the victim of rape, most of the time on multiple accounts. All people lose copious amounts of weight during their stay due to malnutrition. If a guard wants you to eat dirt, you eat dirt. If they want you to grab the high-voltage fence, you grab the high-voltage fence. There is no limit to the power that the guards have over you.

Prisoners are randomly and sporadically accused of withholding information from the guards. They are then subject to intense interrogation techniques. When Shin Dong-Hyuk was young, his mother and brother were accused of trying to escape. He was suspected to have information about this plan. As a result, he was subject to torturous interrogation. He lost the tip of his right middle finger, his face was sliced open with a weapon, and he was hung over a fire by his hands and feet. He still bears the scars from this torture. When he inevitably had no information to give the guards, he was forced to watch his mother and brother be hanged and shot in a public execution.

Trigger Warning: the next image is a depiction of torture.

Trigger Warning. A black and white line drawing shows a very young Shin Dong-Hyuk being hung from the ceiling by a rope around his hands and a chain around his feet. He is being lowered into the flames of a fire and hit with a stick. There are three guards watching, unphased, and a row of torture equipment hanging on the wall behind them. — A drawing of the torture endured by Shin Dong-Hyuk after being wrongfully accused of withholding information. Source: Yahoo! Images

There is no happy note on which to end this article. The lives of incarcerated people in North Korea are miserable. They are subject to the worst human rights violations worldwide. I encourage you to take a moment for your mental health after reading this article so that together we can put an end to this inhumane treatment. Be sure to read my next article, the fourth part of this series, titled, “Steps That Outside Governments Can Take Toward Ending the Human Rights Violations of North Korea.”

Worldwide consequences of the Russian occupation of Ukraine

I wanted to include this image to portray some of the realities of what Ukrainians are facing. — Source: Yahoo Images; A picture of Ukraine being attacked

The Russian invasion of Ukraine has devastated both nations, with the people of Ukraine struggling to defend their homes against the more advanced Russian military, the people of Russia struggling financially in the face of global sanctions, and has spread anxiety to many nations of the possibilities of another world war, or even worse, the escalation into nuclear warfare. While there is a lot of coverage regarding the many attempts at diplomacy, the bombings and other military attacks on Ukraine, and the reactions of both Vladimir Putin, the Russian leader, as well as Volodymyr Zelensky, the Ukrainian leader, there are many consequences of this crisis that need to be brought to attention. It is important to focus on the impact of this crisis on the civilian populations of both nations and equally important for people to recognize that this crisis, along with similar crises around the world, is further fueling the climate crisis, even without the threats of nuclear warfare dangerously being dangled as an option. Additionally, the Ukrainian forces of resistance are essentially complex; on one side, ordinary Ukrainian citizens should be honored for their bravery and resistance at defending their nation from foreign invasion, but on the other hand, it is necessary to recognize that the Ukrainian military also includes the Azov Battalion, the neo-Nazi Special Operations unit in the Ukrainian National Guard. These are some delicate times, and transparency can help increase the trust among nations. Just the same, in the wake of this crisis, the world should not ignore the other brutalities taking place globally, many of which have participated in egregious violations of human rights. Finally, it is pertinent that people be aware of the war crimes and crimes against humanity committed by Russia and hold them accountable.

The Human Impact

I included this image to show how the same location from the previous image looked prior to being bombed. — Source: Yahoo Images; A picture of Ukraine’s nightlife to capture its beauty before Russia’s invasion

While this crisis is a result of drastic measures taken by Putin and as a response to Putin’s aggressions, Zelensky, the civilian populations are the ones that are most impacted by it. On the one side of the conflict, Russian civilians are facing tremendous economic struggles, as sanctions are being placed on Russia from countries throughout the world. Among those who placed sanctions against Russia were the European Union, Australia, Japan, and even the famously neutral Switzerland. The European Union promised to cause “maximum impact” on Russia’s economy, some states like Japan and Australia chose to sanction the oligarchs and their luxury goods, and the United States sanctions included a freeze on Putin’s assets. With that being said, it is important to analyze how these sanctions can harm everyday Russian citizens. Civilians are lining up at ATMs and banks to withdraw their cash as stocks are plunging and the Russian currency, the Ruble, lost its value by 25%. Many Russian-made products are being boycotted around the world, and even Russian participation in events like the Paralympics is being banned. Russian citizens are unable to access their money through Google Pay and Apple Pay, as both have been suspended in Russia. For fear of Russian propaganda, the United States has even banned Russian media outlets from having access to the American people. Furthermore, even amidst these sanctions and economic uncertainties, Russian civilians have risked their lives to protest against their leader and the Ukrainian invasion in large numbers. When the invasion first began, 2,000 Russian protesters against the war got arrested by the Russian police. Almost two weeks into this invasion, as the protests continue to take place, as many as 4,300protesters have been arrested. Shockingly, many of the Russian soldiers sent to invade Ukraine have been reported abandoning their posts, fleeing or voluntarily surrendering to the Ukrainian forces, admitting that they were not even aware they were being sent into combat. These Russian soldiers, many of whom are inexperienced, young adults, are being forced to fight or be assassinated by their officers for abandoning their military posts during active wartime.

Nevertheless, as a result of Putin’s aggression, on the other side of this conflict, Ukrainians are being forced to deal with the devastations of war, and the people of Ukraine are fully invested in the defense of their nation. Ordinary citizens are being taught how to make Molotov cocktails, civilians are coming together to help each other meet their basic needs and anyone capable of fighting is being recruited to join the Ukrainian defense forces. Unfortunately, Ukraine has banned 18 to 60-year-old men from leaving the nation and forcing them to join the fight. This wartime crisis has also led to a massive refugee crisis as women and children and people of other nations are trying to escape the conflict zones. This refugee crisis has its own issues, with reported instances of discrimination against refugees from the Global South fleeing Ukraine. These reports focus on the mistreatment, harassment, and restriction of the refugees from leaving Ukraine to seek safety. Additionally, while the global solidarity to support Ukrainian refugees is admirable and should be commended, many critics have argued that Ukrainian refugees have been better received from the rest of Europe and the rest of the world in general, while refugees from the Middle East or other Global South nations have not been treated with the same courtesy. These are some valid points to consider, and the refugee crisis is only going to be amplified as a result of the many consequences of climate change.

Warfare and Climate Change

I wanted to include this image to insist on how important climate change really is. — Source: Yahoo Images; A map of the world in black, engulfed in a fiery background. The world is on fire and steps need to be taken to combat climate change.

Climate change continues to impact the world during this crisis. The latest report from the Intergovernmental Panel on Climate Change (IPCC) illustrates just how fragile our current climate crisis seems to be, exclaiming that anthropogenic (caused by humans) climate change is increasing the severity and frequency of natural disasters, and warming up the globe around 1.5 degrees Celsius (2.7 degrees Fahrenheit). The planet is already experiencing irreversible changes, the IPCC warns, and if actions are not taken to limit emissions and combat the climate crisis, the future of humanity is at risk. Additionally, another finding was reported about the Amazon Rainforest, (popularly dubbed the “Lungs of our Planet”), being unable to recuperate as quickly as it should due to heavy logging and massive fires it has experienced just over a couple of decades. These shocking revelations should be taken seriously, as this development will lead to more conflicts over land and resources. As people around the world are beginning to experience the calamities of climate change, nuclear warfare would maximize its destructions. With Russia being a nuclear state, tensions are surmounting globally, as nations continue to condemn Putin’s aggressions, and call for a ceasefire. Putting aside the possibilities of nuclear warfare, regular warfare amplifies the climate crisis in many ways.

First and foremost, warfare and military operations have a direct correlation to climate change in that they use massive amounts of fossil fuels to operate their machines and weapons, and militaries are among the largest producers of carbon across the world. This means that not only do militaries and their operations consume massive amounts of fossil fuels, but they are also among the biggest polluters in the world. Militaries worldwide need to decrease their carbon footprints and engage in more diplomatic strategies instead of engaging in warfare. We need to focus on international efforts to combat climate change and transform our economies and infrastructures into sustainable ones that rely on renewable resources. With this in mind, Germany addressed the energy crisis in Europe by suggesting that there needs to be a shift to a more sustainable economy, away from the influences of Russia, with the intentions of also fighting against climate change while becoming economically independent from Russian resources.

Furthermore, Russia, on the first day of its invasion against Ukraine, captured the site of the nuclear disaster, Chernobyl. While many argue that this was a strategic move to provide Russian troops a shortcut into Kyiv through Belarus, (Russia’s allies), others argue that the capturing of Chernobyl was meant to send a message to the West to not interfere. Still, others believe that the capture of Chernobyl held historic relevance, as many believe that the incident at Chernobyl led to the fall of the Soviet Union. Whatever may be the case, it is unclear what Putin’s plans for Chernobyl are, and as an area that is filled with radioactive, nuclear waste, people’s concerns with Putin’s possession of Chernobyl seem valid. If not contained and treated with caution, the nuclear waste being stored at Chernobyl can cause irreversible damages to both the environment and nearby populations for decades. Recently, there have been reports of Russian attacks on the Zaporizhzhia Ukrainian nuclear power plant which caught on fire, increasing the risks of a disaster ten times as bad as Chernobyl was. While we are still unclear as to the details of this report, we do know that Russia has captured it, and at the very least, wants to hinder Ukraine’s source of energy. Ukraine depends on nuclear energy for its electricity, and this plant produced 20% of the nation’s energy. At best, this was a strategic move on Russia’s part, yet some have even suggested that if Putin is so irresponsible with his attacks on a nuclear power plant, how much restraint might he show with regards to using nuclear weapons if he feels pushed into a corner.

Finally, as was explored during the Cold War, nuclear weapons themselves have dramatic consequences on the planet as a whole and have the power of ending humanity. This was one of the major epiphanies that led to the de-escalation of the Cold War when both the United States and the Soviet Union understood that to use nuclear weapons against each other would be “mutually assured destruction.” While many argue that Putin’s instructions to ready Russia’s nuclear weapons is a form of intimidation targeted on the West, these threats can carry out unimaginable consequences if acted upon. With increasing pressures from all sides, including the global sanctions, and the massive resistance from Ukraine, Putin’s incentives are becoming unclear as this conflict continues to unfold.

I wanted to include this image to showcase how complex nuclear plants are and why this plant needs to be approached with extreme caution and an understanding of nuclear power. — Source: Yahoo Images; A picture of the nuclear facility at Chernobyl.

The Complexities of the Ukrainian Crisis

There has been a backlash by some that the world was not this enraged when similar invasions and occupations occurred in Palestine, Syria, or during several of the Middle Eastern conflicts that have devastated the people of that region. Still, others have dismissed this argument, stating that what makes this crisis especially relevant globally is its threats of nuclear warfare. Others, however, argue that the global support of Ukraine is in part due to their being a population of white Christians. To support this argument, they point to many instances in Western media coverage of the Ukrainian invasion that has suggested this exact idea. A CBS reporter cried on a news segment, “this isn’t a place, with all due respect, like Iraq or Afghanistan, that has seen conflict raging for decades. This is relatively civilized, relatively European….” Even a Ukrainian prosecutor was caught saying “It’s very emotional for me because I see European people with blue eyes and blonde hair being killed.” This is important to note because Ukraine’s military has a Special Operations Unit known as the Azov Battalion, which is made up of far-right neo-Nazis, sporting Nazi regalia and symbols of White Supremacy. Putin’s many excuses for invading Ukraine included the need to “de-Nazify Ukraine”, referring to Ukraine’s empowering of the Azov Battalion’s rise to military and political prominence in the country. The Azov Battalion came under fire in 2016 for committing human rights violations and war crimes, detailing reports of abuse and terrorism against the civilians of the Donbas region in separatist Ukraine. With that being said, Putin’s excuse of wanting to terrorize an entire nation for the sake of his opposition to one particular group of Ukrainians is not justified, and people argue that his motivations are much more insidious than that. With the Ukrainian crisis being such a complex and nuanced issue, much of the world is focused on the conflict, a reality that many nations are taking advantage of to benefit their own national interests.

Other Aggressions still taking place around the world

I wanted to include this image to showcase that other brutalities continue to take place around the world, and deserve just as much global attention as the conflict in Ukraine — Source: Yahoo Images; A woman holding a Palestinian flag, as Israeli forces continue to occupy Palestinian land.

While the world’s attention is captured by the Ukraine-Russian crisis, some countries are taking advantage of a distracted world to commit their own atrocities. For one, Palestine continues to be colonized by Israel, a struggle that has lasted for over fifty years now. While Israelis are showing solidarity for Ukrainians from occupied Palestinian lands, they are oblivious to the hypocrisy of their actions and refuse to recognize their role in the suffering of the Palestinians. Just a few days ago, Israeli forces attacked and killed Palestinian civilians in the occupied West Bank, and they continue to terrorize the Palestinians in an attempt to force them out of their homes.

In another part of the world, the United States, while calling for peace in Ukraine, proceeded to bomb Somalia in the past week. A conflict that the United States has been a part of for fifteen years now, American forces claim that their intended targets are the militant groups in Somalia. Yet, according to Amnesty International, the US African Command admitted to having killed civilian populations with one of its many airstrikes conducted over Galgaduud in 2018. In fact, they claim that the only reason the US even admitted to the civilian casualties in Somalia was due to extensive research on the part of Amnesty International.

The Ukrainian conflict also has Taiwan on the edge of its seats, as many are focusing on the US response to the Ukrainian invasion to measure the reactions that the US might have if China were to invade Taiwan. Many Taiwanese officials are contemplating Russia and China’s close relationship and are worried about what a successive Russian invasion of Ukraine might mean for their own development with China. The Chinese government is already engaging in misinformation/disinformation campaigns against Taiwan, and many Taiwanese claims that China has also been conducting cyberattacks in Taiwan and military drills around the island.

Resistance and Accountability

I wanted to use this image to showcase Ukrainian resistance agains the Russian invasion — Source: Yahoo Images; A picture of a man in the motion of throwing a Molotov cocktail

Ukrainians, much to Putin’s dismay, have been successfully defending their nation and holding off Russian forces for over a week now. In response to its successful resistance, Ukraine’s forces claim that the Russian bombings have been targeting civilian buildings and taking the lives of innocent civilians, among them at least fourteen children. As videos of the Ukrainian invasion surface on social media platforms such as Tik Tok and Twitter, many experts are suggesting that the Russians are engaging in war crimes and crimes against humanity, and the International Criminal Court (ICC) has begun an investigation into these possibilities. The ICC is focusing not only on recent attacks against Ukraine but seem to also include past Russian aggression against Ukraine in their investigation. These crimes include the violation of the Geneva Convention, the bombing of civilian infrastructures, and even Russia’s use of vacuum bombs, (otherwise known as thermobaric bombs), which are bombs intended to suck the oxygen out of the air in its surroundings and convert it into a pressurized explosion. Although the vacuum bombs have been used in various places since the 1970s, (by Russia against Chechnya in 1990, by the Syrian government in 2016, and even by the United States in 2017 against Afghanistan), experts warn that these weapons can be extremely lethal and destructive in densely populated areas. Along with the above-mentioned violations against human rights, Russia’s attack on the Ukrainian nuclear power plant is added to the list of war crimes and crimes against humanity committed by Russia, and it continues to grow as the invasion persists.

Even with these threats and unprovoked aggression from Russia, Ukrainians have been more resistant than Putin had planned. Ukrainian civilians have taken up arms to defend their nation, and their enormous bravery is inspiring to witness. This sense of solidarity among the Ukrainian people is, many believe, a direct result of President Zelensky’s own courage and his choice to fight alongside his people instead of fleeing to safety. This action alone has emboldened the Ukrainian morale, and everyone is attempting to do their part in this conflict. People are helping each other out with humanitarian needs like securing food and shelter, and civilians are constructing Molotov cocktails to throw at the incoming Russian forces to stall their advances. Zelensky even released Ukraine’s prisoners and armed them, urging them to fight and defend the nation. These instances of Ukrainian resistance and unity among other nations of the world give us hope that they have a chance at winning global support against this crisis and bringing about peace and stability in the Ukrainian regions under attack. Considering the real threat of another world war unfolding before our very own eyes, it is important now more than ever, that we approach this conflict as objectively as possible. In order to do so, we have to employ different approaches that we have never before attempted and think outside of the box. With their efforts at resisting the invasion, Ukrainians have inspired me to believe that we as humans might be able to come together globally and perhaps tackle the climate crisis as well and protect our planet in the same manner the Ukrainians are defending their own homes before it’s too late.

Mounting Peril: COVID-19 in Mexico

As the novel coronavirus (COVID-19) expands throughout the United States (U.S.), its impact has rapidly reached vulnerable communities south of the border. As the 10^th most populous country in the world, Mexico is beginning to experience an influx in COVID-19 cases and, especially, deaths which has exacerbated many inequalities throughout the country. This blog addresses Mexico’s relevance in the COVID-19 pandemic and how it has influenced human rights issues concerning gender-based violence, indigenous peoples, organized crime, and immigration.

As of late-August, approximately 580,000 Mexicans have been diagnosed with COVID-19, while over 62,000 have died from the virus. Mexico’s capital of Mexico City is currently the country’s epicenter with over 95,000 confirmed cases of COVID-19. North of the capital, Guanajuato is nearing 30,000 confirmed cases as the second-largest hotspot, while the northern border state of Nuevo León has nearly 28,000 confirmed cases. Additionally, on the Gulf side, Tabasco and Veracruz are each nearing 28,000 cases of COVID-19. Interestingly, the southern border state of Chiapas, which has a large indigenous population, presumably has the lowest death rate (<1 death per 100,000 cases) which ignites concern about access to COVID-19 resources throughout this treacherous nation.

Gender-Based Violence

Mexico is on track to set an annual record for number of homicides since national statistics were first recorded in 1997. Femicide, which is the murder of women and girls due to their gender, has increased by over 30%. In the first half of 2020, there were 489 recorded femicides throughout Mexico. Much of this violence is attributed to the increased confinement of families since the arrival of COVID-19. For Mexican women, these atrocities are often the result of domestic abuse and drug gang activity which have both been on the rise. Regardless of how and why these acts are committed, it is plain to see that the vulnerability of women in Mexico has been exacerbated during the COVID-19 pandemic.

Mexico’s President, Andrés Manuel López Obrador (often referred to as AMLO), has been notorious for downplaying the country’s proliferation of gender-based violence. Despite an 80% increase in shelter calls and 50% increase in shelter admittance by women and children since the start of the pandemic, AMLO has insisted 90% of domestic violence calls have been “false”. As part of the COVID-19 austerity response, AMLO has slashed funds for women’s shelters and audaciously reduced the budget of the National Institute of Women by 75%. This all comes after the country’s largest ever women’s strike back in March, which AMLO suggested was a right-wing plot designed to compromise his presidency. AMLO has consistently scapegoated a loss in family “values” as the reason for the country’s endless failures while he promotes fiscal austerity during a global crisis.

Indigenous Peoples of Mexico

In Mexico’s poorest state, Chiapas, many indigenous peoples are skeptical about the COVID-19 pandemic. This is largely attributed to their constant mistrust of the Mexican government which views state power as an enemy of the people. As such, conspiracies have emerged such as medical personnel killing people at hospitals and anti-dengue spray spreading COVID-19, the latter inspiring some indigenous peoples to burn several vehicles and attack the home of local authorities. Nevertheless, Mexico has confirmed over 4,000 cases and 600 deaths of indigenous peoples throughout the country. The Pan American Health Organization (PAHO) suggests fostering better relationships with traditional practitioners can help limit the spread of COVID-19 in indigenous populations. Additionally, community surveillance efforts and communication through local language, symbols, and images will better protect Mexico’s indigenous populations.

Recently, 15 people at a COVID-19 checkpoint in the indigenous municipality of Huazantlán del Río, Oaxaca were ambushed and murdered. The victims were attacked after holding a protest over a local proposed wind farm, while the perpetrators are presumed to be members of the Gualterio Escandón crime organization, which aims to control the region to traffic undocumented immigrants and store stolen fuel. In 2012, members of the Ikoots indigenous group blocked construction of this area because they claimed it would undermine their rights to subsistence. This unprecedented event has garnered national attention from AMLO and the National Human Rights Commission (CNDH) as they seek to initiate a thorough investigation. As demonstrated, existing land disputes have been further complicated by the presence of COVID-19 and have thus drawn Mexico’s indigenous peoples into a corner of urgency.

Organized Crime

Over the past 50 years, more than 73,000 people have been reported missing throughout Mexico, although 71,000 of these cases have occurred since 2006. Frequently targeted groups are men ages 18-25 who likely have a connection with organized crime and women ages 12-18 who are likely forced in sex trafficking. This proliferation in missing persons is largely attributed to the uptick in organized crime and drug traffic-related violence that has plagued the country. Searches for missing persons have been stalled since the arrival of COVID-19 which counters the federal government’s accountability, namely AMLO’s campaign promise to find missing persons. AMLO insists that the government countering the drug cartels with violence, like Mexico’s past administrations, is not the answer. However, many analysts argue his intelligence-based approach has emboldened criminal groups, namely with homicides, during the COVID-19 pandemic.

On the other hand, with many Mexicans unable to work and put food on the table, drug cartels are stepping up to fill the void. The Sinaloa cartel, which is one of Mexico’s largest criminal groups and suppliers of Fentanyl and heroin, has been using their safe houses to assemble aid packages marked with the notorious Joaquín “El Chapo” Guzmán’s liking. Although this tactic has long been used by the drug cartels to grow local support, the COVID-19 pandemic has served as an opportunity to further use impoverished Mexicans as a social shield. These acts of ‘narco-philanthropy’, which is one of the many weapons employed by the drug cartels, has enraged AMLO who has relentlessly defended his administration’s response to COVID-19. This irony reveals how growing incompetence from Mexico’s government has left its people vulnerable to not only the pandemic of a generation but more drug cartel activity.

Immigration

With the U.S. government extending its border closures into late-August, tensions mount for the migrants who seek a better life in the U.S. In addition, with a growing number of COVID-19 cases in Arizona, California, and Texas, governors from Mexico’s northern border states have demonstrated reluctance to let Americans enter the country. These reciprocal efforts have made it exceedingly difficult for migrants, namely from Haiti, to seek asylum. As a result, the Mexico-U.S. border town of Tijuana has become a stalemate for 4,000 Haitian migrants in addition to another 4,000-5,000 in the Guatemala-Mexico border town of Tapachula. This has contributed to an economic crisis where there is no work available and people face the risk of being promptly deported, effectively nullifying their treacherous journey to Mexico.

Many undocumented migrants are afraid to visit Mexico’s hospitals due to fears of being detained which would introduce harsh living conditions that put them at greater risk of COVID-19. Across from Brownsville, Texas, in the Matamoros tent encampment, aggressive isolation efforts were enacted after it was discovered that a deported Mexican citizen had COVID-19. To curtail to risk of COVID-19, the mostly asylum seekers are now expected to sleep only three-feet apart, head-to-toe. On the other hand, some Mexican nationals are crossing the Mexico-U.S. border into El Paso, in addition to Southern California, under the travel restrictions loophole pertaining to medical needs. This influx is largely attributed to the lack of resources, such as oxygen and physical space, seen in many Mexican hospitals. As such, COVID-19 resource limitations are endured by both asylum seekers and medical migrants.

Woman sitting in front of a poster that includes pictures of femicide victims. — DRG Photo Contest Winner. Source: USAID U.S. Agency for International Development, Creative Commons.

Human Rights in Mexico

As shown, issues notoriously attached to Mexico, namely femicide, indigenous autonomy, organized crime, and immigration, have been further complicated by the COVID-19 pandemic. Femicide has grown due to a culture of misogyny that has proliferated during the lockdown. Indigenous communities have developed more distrust for the federal government, particularly as it relates to public health and land rights. Organized crime groups have extended their reign of terror on the Mexican people by weaponizing the effects of COVID-19. Immigrants, mainly from Central America and the Caribbean, are not only running from their dreadful past but also face the challenging prospects of a world with COVID-19.

As a global influence, Mexico fosters the responsibility to uphold international standards related to women’s rights, indigenous rights, and immigrant rights. Despite each of these issues having their own unique human rights prescription, they could all be improved by a more responsive government. This has rarely been the case for AMLO who has consistently minimized the urgency, and sometimes existence, of human rights issues in Mexico. Furthermore, austerity measures provoked by COVID-19 should not come at the expense of Mexico’s most vulnerable populations because they exacerbate existing inequalities and serve as a basis for future conflict, insecurity, and violence. One of the most important ways the Mexican government can limit these inequalities is by properly addressing the war on drugs which includes closing institutional grey areas that foster crime, strengthening law enforcement, and ensuring policies carry over into future administrations. All the while, the U.S. must address its role in Mexico’s drug and arms trade. Confronting these growing concerns from both sides of border is the only way Mexico while encounter a peaceful, prosperous future.

Hashtags and Human Rights

A picture of nine hands each with different words on them. On the red, Freedom. On the second red, Trust. On the orange, Justice. On the limeish green, Love. On the green, Rule of Law. On the sky blue, Peace. On the darker blue, Prosperity. On the pink, Dignity. On the purple, Equality. — PSHRC – Punjab State Human Rights Commission. Source: Punjab State Human Rights Commission, Creative Commons

Throughout the history of humankind, the way in which people transmit news has evolved exponentially, from the word of mouth in the olden days to a simple click, swipe, and 240 characters. It connects you and I to events happening around the world, from concerts to social movements concerning human rights. But, to what extent does the hashtag, only a recent medium for communication, bring people together around a common goal or movement?

The hashtag originated in 2007 by Chris Messina as a way “to provide extra information about a tweet, like where you are or what event you’re referring to.” Later that October, during the San Diego wildfires, Messina simply created the hashtag “#sandiegofire” and included it with tweets, allowing others to engage with the conversation and gain an awareness of current events.

In terms of human rights, the hashtag has also been influential in bringing people together under a common cause, be it international crises, sexual harassment, or even just helping organizations raise money to cure diseases. Hashtag activism, as this is called, “is the act of fighting for or supporting a cause that people are advocating through social media like Facebook, Twitter, Google+ and other networking websites.” It allows people to “like” a post and “share” a post to another friend, thus spreading awareness about the issue at large.

Where and How has the hashtag been influential?

As you might recall in 2014, many people around the world took part in the #ALSIceBucketChallenge, where participants would dump a bucket or a container of ice water on their heads. This challenge went so viral that a “reported one in six” British people took part. It also went so far as involving celebrities like Lady Gaga, which demonstrated its far reach and effectiveness. Despite many calling this challenge a form of slacktivism, (where one would simply like the post and involve very little commitment), the ALS Association raised over $115 million USD. Due to this striking number, the Association was able to fund a scientific breakthrough that discovered a new gene that contributed to the disease.

An image of a woman reacting to a splash of water from the top of her head. Basically a standard reaction from when someone does the Ice Bucket Challenge. — Free Stock Photo of ALS Ice Bucket Challenge. Source: Pixabay, Creative Commons

Then in 2017, the #MeToo movement sprung from the shadows, calling out sexual predators and forcing the removal of many high-profile celebrities, namely Harvey Weinstein. It went way beyond Turkana Burke, the founder of the MeToo movement from more than a decade ago, expected. It was through the use of social media that made #MeToo movement as large as it is today. As of 2018, the hashtag was used “more than 19 million times on Twitter from the date of [Alyssa] Milano’s initial tweet.” This effect, known as the Harvey Weinstein Effect, knocked many of the United States’ ‘top dogs’ from the limelight, revealing what could be behind the facade of power, wealth, and control that they hold. From Weinstein to George H.W. Bush to even U.S. Senate Candidate for Alabama Roy Moore, their reactions varied as much as the amount of people accused. Weinstein was ultimately fired, H.W. Bush apologized for his actions, and Moore denied the accusations. Through increased awareness and the ability to connect to virtually everywhere, women and men began to tell their stories and call attention to the actions of sexual predators.

An image of six people holding up a sign that spells out #METOO. — Pink Letters Forming the Word #MeToo. Source: Rawpixel, Creative Commons

Both the ALS Ice Bucket Challenge and the MeToo Movement allude to key human rights concerns, with ALS involving the life of a person through a disease and MeToo involving sexual harassment charges and claims. By eliminating the one thing that threatened the life or sanctity of a person (Article 3 of the Universal Declaration of Human Rights), a push towards human rights became realized. This demonstrates how hashtags are effective at promoting human rights issues among the general public, allowing these concerns to be confronted and resolved.

But where has the hashtag been limited in practice?

In April 2014, “276 schoolgirls were kidnapped from the remote northeast Nigerian town of Chibok by Boko Haram.” Soon after this event, #BringBackOurGirls shot up to the trending page of Twitter, and was shared more than four millions times, making it one of Africa’s most popular online campaigns. Alongside massive support from the public also came backing from famous individuals such as Kim Kardashian, Michelle Obama, and many others. Even though this campaign helped bring to light the domestic conflict that “claimed at least 20,000 lives,” it only resulted in limited support and is, arguably, an indicator of ‘slacktivism’. With a majority of support coming from Twitter users residing in the United States, Nigerian politics dismissed this outrage as some sort of partisan opposition against the Nigerian president of the time. As Ufuoma Akpojivi (media researcher from South Africa) said, “There is a misconception that embracing social media or using new media technologies will bring about the needed change.” Even with the global outrage at the kidnapping of teenagers, not much action took place because of partisanship and US disconnection with Nigerian citizens.

An image of former First Lady Michelle Obama holding up a sign saying #BringBackOurGirls. — MJ-UPBEAT Bring Back Our Girls! Source: mj-upbeat.com, Creative Commons

Following, in 2018, hashtags such as #NeverAgain, #MarchForOurLives, and #DouglasStrong emerged as a response to the shooting at Stoneman Douglas High School, where teen personalities and activists Emma Gonzáles, David Hogg, and others began campaigning against the accessibility of guns. Such a movement gained considerable support, with over 3.3 million tweets including the #MarchForOurLives hashtag and over 11.5 million posts related to the March itself. Through the use of social media, the movement was born; however, one of the key things that March For Our Lives disregards is the bureaucratic system that the government embodies. Even though activists want rapid and sweeping changes to the system, Kiran Pandey notes how “there is only the trenchant continuation of political grandstanding, only this time it’s been filtered through the mouths of America’s youth.” Even with such declarations facing our bureaucratic system, alienating people with diverse viewpoints have made the movement weak and ineffective. It does not help when many people, including our friends and family own a gun. By attacking these owners and not focusing on saving lives, this movement has been, and will arguably be, stagnant until bipartisanship is emphasized and utilized.

An image of three kids surrounding a sign that says No Guns No Violence. — WR Nonviolence — Nonviolence makes the world a better place. Source: Waterloo Region Nonviolence, Creative Commons

Though both #BringBackOurGirls and #MarchForOurLives caused widespread protests and promoted awareness about the key issues of the time, it failed to generate support due to its limited field. In #BringBackOurGirls, many of the mentions came from U.S. Twitter users. Because the conflict was and is taking place in Nigeria, many of these tweets and protests have little to no say in the matter of forcing Boko Haram to return the kidnapped Nigerian girls. In the case of #MarchForOurLives, the movement failed to gain traction simply because of its push to call out those in support of having guns and the NRA caused the issue of safety and security of the person to become a partisan issue. Both issues are key human rights issues, however, they fail to capitalize on actual support and exclude those who have diverse views on the issue at hand.

How exactly could someone make a hashtag go viral?

Well, according to ReThink Media, an organization that works to build “the communications capacity of nonprofit think tanks, experts, and advocacy groups,” building a hashtag campaign for social impact includes three key areas to manage a hashtag campaign:

Having a List of Your Supporters
- Having influencers and connectors can help in a great way. By using a specific hashtag to a broad fanbase or following, having those influencers can help jump-start a movement and gain awareness rapidly about key issues of the time.
Using the Right Terms at the Right Time
- “Take too long to decide and the news cycle might pass you by.” By using terms that appeal to everyone and using them during critical news-worthy moments, it is easy to be able to attract everyone quickly. For example, if there was some type of crisis going on in the United States, having a relevant hashtag that appeals to everyone could allow more people to support that movement. Using terms that solely appeal to a political side may only be limited in scope.
Have Supplemental Support Once the Hashtag Gets Posted
- By using certain graphics or memes, combined with the regular posting of the hashtag overtime, during mid-day, more people could potentially get involved and push the movement towards social impact. It also allows people to gain awareness and spread that message to more people in their following.

Overall, hashtags can be effective when incorporating supplemental supporters and a non-partisan central focus. By supporting the movement through influencers and spreading awareness, such a movement could gain traction and provide real-time results, such as the removal of sexual predators from positions of power and gaining funding in order to cure a disease. However, a hashtag’s reliability is solely dependent on the users that spread it. Thus, social media can help people gain a social consciousness and support pivotal human rights issues when they matter most to those affected.

The Power of Technology

Movies such as Blade Runner, IRobot, or the Matrix portray a futuristic ambiance in regard to artificial intelligence overpowering humanity. At first glance, these movies can seem unrealistic and a bit absurd. However, in recent years, it appears to be less ridiculous as it hints at a bit of truth. There is no doubt that technology has advanced at a rapid speed in the last ten years. As each year passes, it seems there is a new device or software that can somehow make your life easier. Technology is used in every aspect of our life – from our homes to our work to the stores we visit. Often times, it can seem inescapable. If you turn your attention to your surroundings, you are likely to see people on their phones or computers – whether they are searching the Internet, looking through Instagram, or sending a text.

It is alarming to consider how technology affects every aspect of our lives. It even influences human rights such as the right to privacy or freedom of expression. There are numerous concerns that people have about the role and impact of artificial intelligence. People are concerned about the rise of “machine autonomy” and how gradually it can diminish “the status of humans”. Furthermore, there are concerns on the use of artificial intelligence in terms of “unjust and unequal political, military, economic and social contexts.”

For example, the U.S. seems to be moving towards an artificial arms race by using, killer robots, or lethal autonomous weapons systems (LAWS ). People concerned about giving these killer robots the power to decide whether someone lives or dies with little to no human control. Google created a military program called Project Maven, where a machine is used to analyze the drone surveillance footage which can be used for extrajudicial killings, meaning people could be killed without any legal processing. There have been aimed at Google urging them to reconsider what the data is used for. Google has since then declined to renew their contract.

Google is not the only company that has dealt with controversy in terms of technology and how it affects people’s human rights. A data firm by the name of Cambridge Analytica was caught using data from Facebook in order to build voter profiles. Employees acquired private Facebook data of millions of users, then they sold the information to political campaigns.

Freedom of Expression. Source: Flickr, Creative Commons

Another rising controversy with technology is how artificial intelligence (AI) systems have fostered “discriminatory practices”. The University of Cambridge published a study on the Malicious Use of Artificial Intelligence which details how “terrorists, criminals, and rogue states could potentially use AI’s with an intent to harm people”. It foreshadows an increase in cybercrime, misuse of drones and manipulation of elections. While the report is seen as a warning, it provides a series of recommendations: policy-makers and technical researchers working together, being mindful and proactive about the possibility of AI misuse, and expanding the stakeholders in regards to preventing and reducing the risk of malicious use of AI. The goal of their report was to grab the attention of governments, organizations, and individuals. However, we need more than a call-to-action such as effective and enforceable legislative control. We cannot deny the entanglement between our everyday lives and technology and must confront the difficulty in deciding where to draw the line between beneficial and malicious use of technology.

A Rwanda’s Minister for Justice and Attorney General, Johnston Busingye about the country-wide DNA database. In order to make this proposal work, scientists will collect DNA samples from all 12 million citizens in Rwanda, giving them access to personal medical and genetic information. Their reasoning for implementing this program is to decrease the number of crimes. There has been backlash from human rights campaigners because they believe the data could be misused by the government and violate international human rights laws. However, Busingye made a statement assuring the people that their end goal, using the data to determine who is responsible for the crimes, is genuine. The proposal has still not officially been approved but are waiting for the budget and the proper legislation to be passed in order to make it legal.

Rwanda is not alone in attempting to create a mandated DNA program whereas countries, such as China and Kuwait, have already set this program in motion.. People are concerned about how Muslim Uighur minority. Researchers believe the Uighur minority is “systematical detained in re-education camps”. In response, China denies all these claims. Similarly, four years ago, Kuwait passed a law that required their citizens and visitors to give their DNA samples; however, the law was revoked because it violated articles 30 and 31 of Kuwait’s Constitution in regards to personal liberty and privacy.

Human Rights China. Source: Wikimedia, Creative Commons

As the debate for technology and AI continues, the Human Rights Watch aims to ban developing and using these killer robots. However this technology is nothing new – the focus is on how, when, and why individuals should or should not use them. Furthermore, the question of human intervention arises. While using DNA collection in certain circumstances, such as finding criminals, can be beneficial, there poses a question of how people use the date and if it infringes on our human rights. The numerous databases worldwide have no common structure among themselves. Thus, there are concerns on how countries obtain the data and whom they share the information with. The DNA database can trace anyone through “biological tagging”, even those who innocent or have no relation in regards to the crime in question. Other possible challenges could include how the information is kept and used. For example, when determining whether or not an individual is a good fit for a job the hiring company could access the data and that affects the individual’s rights. Furthermore, the data could be used by criminal organizations. Both killer robots and DNA collection have benefits such as solving more crimes and military advances; however, it ultimately challenges the principle of privacy.

The Silenced Women of the Rwandan Genocide and their Fight to be Heard

Trigger warning: this blog references graphic physical and sexual violence. Please do not read if easily affected by these topics.

On Thursday, September 21, the University of Alabama at Birmingham’s Institute for Human Rights and UAB’s Women’s & Gender Studies Program hosted the screening of the documentary: The Uncondemned. The film explores the challenges and triumphs of a group of fledgling lawyers, investigators, and Rwandan women during a trial after the Rwandan Genocide. From their juridical victory, the legal definition of genocide was expanded to include acts of rape.

Background

Over the course of four months in the summer of 1994, roughly 800,000 Rwandan citizens were massacred in the east-central area of the country. The ethnic majority of Rwanda, the Hutu, murdered most of the Tutsi minority in an attempt of “ethnic cleansing” as a result of ethnic and religious tensions between the two groups. This decimation of the ethnic Tutsis became known as the Rwandan Genocide.

Skulls of the victims of the Rwandan Genocide lined up — Death – Rwandan Genocide

On April 6, 1994, a plane carrying General Juvenal Habyarimana, a moderate Hutu leader, was shot down by an unknown assailant. All the passengers on the plane crashed to their deaths, including the Burundian president, Cyprien Ntaryamira. Rumors place blame on the extremist Hutus for the murder as part of a revolt against the power-share agreement Habyarimana agreed to sign in accordance with the Tutsis. Another argument blames the Tutsis in the crash, using the act of terrorism as an attempt to regain power in Rwanda. Almost immediately after the plane crash, the murder of the Tutsi people began. Extremist Hutus began slaughtering Tutsis and moderate Hutus by setting up roadblocks and raiding homes. Radio stations ran by the extremists were encouraging civilians to attack and kill their neighbors.

The church played a significant role in the division among the Hutu and Tutsi. Hutu pastors preached on how “the war should be brought to the Tutsi, because they will come to wipe us away.” The church taught to kill their Tutsi neighbors as they claimed the Bible designated the Tutsi as their mortal enemies. During the genocide, not even the churches were safe. Hutu militiamen raided them and murdered anyone seeking refuge there. Pastors often trapped those hiding in the churches and alerted the Hutus.

The genocide was as horrifying as it was dehumanizing. Not all Hutu fighters had access to guns or even machetes, and much of the genocide was conducted using simple weapons such as sharpened sticks, large rocks, and common household items such as forks and knives – making death slow and painful. According to the film, bodies could be found in every village and on every hill. Its simplicity and scope earned it the title as the “most efficient genocide in modern history.” The first reconnaissance mission conducted by the United Nations (UN) reported one thousand Tutsi were killed in twenty minutes when the investigators first arrived.

Tragically, women endured gender based violence during the genocide. The total number of rape survivors will never be known, however countless women testified to being raped during the genocide. Stories of rape, whether gang-raped or with objects, are consistently mentioned. If they were not killed after being raped, the women were sold into sex slavery or forced into marriage. Additionally, they were traded among groups of men for them to sexually abuse them. Once the men were “done” with them, their reproductive organs were gruesomely mutilated with machetes, knives, bare sticks, or even acid. After pleading with her rapists to kill her, one woman testified they responded: she was to be kept alive so she would “die of sadness.”

The film shows the use of rape as a psychological weapon to strip the humanity from more than just the individual Rwandan woman. The rapists wanted to both degrade larger groups of women the rape survivors were a part of and as a means to assert their superiority and population control. Throughout the history of armed conflict, women often become the targets of sexual violence– this is a common weapon used in larger crimes against humanity, such as genocide. Whether it comes in the form of physical abuse, rape, mutilation, or sex slavery, being a woman becomes a risk factor – no matter the age, religion, ethnicity, political affiliation, or any other characteristic outside of biology. Niarchos concludes rape is used to inflict terror and force cooperation, both on the female survivor and others in her close community. In Rwanda’s case, rape was used to humiliate Tutsi women and terrify the community as a whole; making the suffering of Tutsi women a violent means to the Hutus’ political end.

The UN declared rape as a war crime in 1919, however in cases prior to the Rwandan Genocide, rape was never prosecuted in this manner. In Resolution 1820 that was adopted by the Security Council at its 5916^th meeting, of the UN Security Council noted “women and girls are particularly targeted by the use of sexual violence, including as a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly relocate civilian members of a community or ethnic group.” The International Criminal Tribunal of Rwanda (ICTR) was the first time rape was pursued as a war crime and was the first tribunal enacted since World War II. The film, The Uncondemned, tells of the efforts taken by the UN to connect rape to genocide. The documentary focuses on the case the mayor of Taba, Jean Paul Akayesu, who was the first to face charges of inditement over genocide – including rape.

The team of lawyers sent by the UN was ambitious but inexperienced. Most were in their 30s, recently graduated from law school, and were taken to task by gathering intelligence to prosecute this case that was like none before it. More importantly, they deduced they must prosecute it in a way that laid the groundwork for future cases – setting legal precedence.

Woman praying in front of others. — Woman Praying – Rwanda by Brice Crozier

Doctor Odette Nyiramilimo of Le Bon Samaritain Clinic in Kigali was one of many doctors who said almost every woman and adolescent girl who survived the Rwandan Genocide was raped. As she examined victims immediately after the genocide, she asserted that at least two cases of rape were coming in each day to her clinic. As mentioned before, the exact number cannot be known, which is due to a number of factors such as the stigmatism that surrounds rape. Across the globe, rape survivors are shamed and seen as guilty for the violent crimes committed against them. Eisler asserts this is especially prominent in societies that value men over women. Fear of reprisal compromises the reporting of rape, and this is particularly true in the case of Rwandan survivors. Bernadette Muhimakazi, a Rwandan women’s rights activist in an interview with Human Rights Watch, states many of the women were afraid to say anything because they know who their perpetrators are. These women know exactly who killed their families and who violated them. In many cases, these women live in the same community as their perpetrators.

“Women here are scared to talk because it was their neighbors who raped them.”

– Bernadette Muhimakzai

Prior to the visibility the tribunal brought, rape was viewed as a negligible outcome of war. The testimonies of the Rwandan women changed this perception, and rape was legally billed as a true war crime. The team the UN pulled together to prosecute this case proved to be successful in their endeavors, and justice prevailed; Akayesu was convicted of crimes against humanity and acts of genocide. The film concludes with rape survivors coming forth to name their rapists. While their sense of inner peace may never be fully restored, the tribunal gave the women a sense of justice and vindication.

Are We Failing Syria Yet Again? Response to the Chemical Attack on Syrian Civilians

Destroyed city of Azas, Syria. Source: Creative Commons, Christiaan Triebert.

One of the worst chemical attacks turned a rebel-held area in the north of Syria into a death zone. Bombs were dropped from war planes in the early morning of April 4, 2017 and the spread of poisonous gas started shortly thereafter. Close to 70 people died, with pictures of dying children and grieving relatives going around the world. The Syrian military accused insurgents, but it seems clear that only the Syrian government has the ability to carry these types of bombings. Shock and condemnation was the reaction of governments and the public around the world. Two days later, President Trump ordered airstrikes, his first military action while in office.

Why this outcry and action now? People have been dying in Syria for months and years – think Aleppo – and the response has been, for the most part, fairly limited. We have seen dying children and assaulted women, airstrikes on civilian areas, and death and suffering everywhere. I would argue there are three reasons for this strong response, both in the public and in the political realm.

The footage of the attacks themselves.
The violation of most important rules of international law.
A new administration in the White House.

Let me explain.

Source: Creative Commons, Códice Tuna Colectivo de Arte.

First and most obviously, it is the footage of children and older adults struggling to breathe, frothing at their mouths, and lying motionless in the mud as aid workers desperately try to help. It is the incredible grief by a father, who lost 22 members of his family in the attack, and who can be seen clutching the bodies of his 9-month-old twins. It is the level of individual suffering that most of us can relate to as human beings with families of our own, and the gruesomeness of the attack shakes us to the very core.

However, there is a second reason why this attack is cause for special consideration. The use of chemical weapons rises to the most serious violation of fundamental principles of international law: (1) the deliberate targeting of civilians is a crime against humanity, the “worst of worst crimes” and on par with genocide, and (2) the prohibition of the use of chemical weapons in warfare is one of the most widely acknowledged and respected rules of the international law of war.

Crimes against humanity are deliberate, systematic attacks against civilians or a significant part of the civilian population. Crimes against humanity were first described and prosecuted in the Nuremberg Trials at the conclusion of WWII and have since entered international criminal law as one of the major crimes for prosecution of individuals. While there is no international treaty specifically dealing with crimes against humanity, the Statute of the International Criminal Court lists mass murder, massacres, dehumanization, genocide, human experimentation, extrajudicial punishments, death squads, forced disappearances, recruiting of child soldiers, kidnappings, unjust imprisonment, slavery, cannibalism, torture, mass rape, and political or racial repression (e.g., apartheid) as crimes that reach the threshold of crimes against humanity if they are part of a widespread or systematic practice.

The prohibition of the use of chemical weapons has its origins in the late 19th century. Shortly after the establishment of the International Committee of the Red Cross (ICRC) in 1864 – the institution that oversees international humanitarian law, also known as the “law of war” – states decided to regulate and ban weapons that inflict excessive and unnecessary harm to the people affected by war (e.g., the Hague Declaration concerning Asphyxiating Gases of 1899). The horrific injuries sustained by soldiers from poisonous gas in WWI and experiences of both combatants and civilians in later conflicts (e.g., in Vietnam) accelerated these efforts, which resulted first in the Geneva Gas Protocol (1925) and then in the Chemical Weapons Convention (1993). The Chemical Weapons Convention prohibits the use of chemical weapons in all circumstances, which means in both international (meaning between states) and non-international war (any other type of conflict, including civil wars). Only 13 states have not signed either the Geneva Gas Protocol or the Chemical Weapons Convention (Syria is not one of them). The prohibition of chemical weapons is a universal norm, which means that it binds all parties to armed conflicts, whether state or non-state actors, as a rule of international customary law.

This ban of chemical weapons is strengthened by the fact that it is illegal under international humanitarian law to use weapons that do not distinguish between military and civilian targets. So-called indiscriminate weapons are those that cannot be directed at a military objective or whose effects cannot be limited. Similar to the prohibition of the use of chemical weapons, this rule is not only international custom, but has also been affirmed in various international treaties, including the statute of the International Criminal Court and the Additional Protocol to the Geneva Convention. The UN General Assembly and other UN organs have supported this principle in multiple resolutions and the International Court of Justice, the highest court in the world, reaffirmed the principle of distinguishing between civilian and military targets in the Nuclear Weapons advisory opinion (ICJ, Nuclear Weapons case, Advisory Opinion). While there is no definite list of indiscriminate weapons, the ICRC generally cites chemical, biological, and nuclear weapons, anti-personnel landmines, mines, poison, explosives discharged from balloons, cluster bombs, booby-traps, certain types of rockets and missiles, and environmental modification techniques.

In other words, the chemical attacks by the Syrian regime on its own population broke two fundamental rules of international law.

Third, we have a new administration in the White House whose policy towards Syria and the Middle East is most likely to be very different than the one of its predecessor (it is too early to tell for sure). President Trump expressed that the use of chemical weapons in Syria “crossed a lot of lines for me” and changed the way in which he views the Syrian dictator Bashir Al-Assad. The decision to use airstrikes against Syria was made shortly thereafter. President Trump’s words, and in some way, his actions, remind us of President Obama’s reaction to the use of chemical gas against civilians in Syria in 2013. President Obama, who used the word “red line” in connection with the 2013 attack, also contemplated air strikes. However, in an unexpected turn around, Obama decided to seek congressional approval for military action against Syria. The proposed bill never received a floor vote because the Syrian government accepted a U.S.-Russian deal to turn over its chemical weapons stockpile and sign and ratify the Chemical Weapons Conventions.

Sunset at the White House. Source: Creative Commons, Ted Eytan.

What does this mean? Were the airstrikes legal? What are the political consequences? From a legal point of view, the situation is complicated, but more easily explained. Under international law, the use of force against another state is illegal, unless it is in self-defense, authorized by the UN Security Council, or on the invitation of the state affected. Security Council authorization is unlikely to happen considering that Russia is a veto-power holding member of the Security Council and has made it clear that it does not see the need for a condemnation of the attack. The U.S. has not given any indication that the airstrikes were in self-defense. Syria has certainly not invited the U.S. to strike its airbase. So, in most interpretations of international law, the airstrikes are illegal. President Trump said in a press conference in the evening of April 6 that “it is in this vital national security interest of the United States to prevent and deter the spread and use of deadly chemical weapons,” which could hint at a future justification of the airstrikes within framework of self-defense. There is some discussion over whether the unilateral use of force on behalf of civilians, also known as humanitarian intervention, should be seen as legitimate, if not legal. However, considering the situation in Syria and the U.S. military involvement against the Islamic State, Russia’s engagement, and the geopolitical situation, it would be very difficult for the U.S. to argue for a purely humanitarian justification of U.S. action. While the airstrikes authorized by President Trump were very limited – hitting a somewhat remote airbase – and no formal declaration of war has been made, Syria could very well see the airstrikes as an informal act of war.

Under U.S. law, the President may authorize military action for defense, but not for offensive wars. Offensive wars require congressional approval. Congressional approval was given for military action after the 9/11 attacks, which gives the President far reaching authority to combat terrorism. The Obama administration has interpreted this rule to include and authorize the fight against the Islamic State, and so far, the Trump administration seems to go along with this interpretation. Regardless, a war against Syria, a state, not a non-state actor, is a completely different beast. A war against Syria would most certainly need congressional approval, and members of Congress have already called for the administration to bring any future military action before Congress.

In terms of political consequences, it’s too early to tell if this was a one time engagement and what the Trump administration will do next. Russia’s involvement in Syria complicates matters as not only U.S.-Syrian relations, but also U.S.-Russian relations are at stake. Russia has reacted strongly and called the airstrikes a “significant blow to Russian-U.S. relations.” Either way, an in depth discussion of strategy will be important, especially considering that interventions tend to be much more complex and complicated endeavors than they first appear. America, as many countries before her, has learned this the hard way. And if we really want to help the “beautiful babies” in Syria, as President Trump claims, we need to open our borders to allow Syrian refugees to find safety.

However, while these discussions over legality and Russia-U.S. relations are certainly important, they are not sufficient. What we need to focus on is the question over what the consequences of military action will be. We cannot be distracted from what has to be the end goal: a political settlement of the conflict. Only a termination of violence and war will end the tremendous suffering of Syrian children, women, and men. Any military action has to be judged on whether it advances or hinders an end to the conflict.

What is the International Criminal Court and Why Should I Care?

Windows of the International Criminal Court (ICC) in The Hague. Source: Roman Boed, Creative Commons.

What is the International Criminal Court and how did it develop?

The ICC is not a substitute for national courts. It is the only court with global jurisdiction that a state can go to when it cannot carry out the investigation and trial of perpetrators that have committed war crimes, genocide, and crimes against humanity. It is also not to be confused with the Court of Justice which settles disputes between states. The idea of having an international court first developed in 1948 with the United Nations General Assembly (UN GA). In order to prevent atrocities such as the Holocaust from ever happening again, the UN GA adopted the Convention on the Prevention and Punishment of the Crime of Genocide. This convention called on criminals guilty of committing or creating a genocide to be tried by an international court that did not yet exist. Therefore, the International Law Commission (ILC) was brought in to assess the desirability and feasibility of creating a court with global jurisdiction. During the ILC’s process of drafting a statute, the Cold War halted efforts in creating such a court.

The discussion of establishing an international criminal court was not on the agenda of the international community for many years. It finally resurfaced in 1989 Trinidad and Tobago were battling massive drug trafficking. The UN GA once again called upon the International Law Commission to continue the drafting efforts that were abandoned in the early 1950s. The 1990s brought horrendous genocide, crimes against humanity, and war crimes from all over the world- particularly in Bosnia-Herzegovina and Rwanda. Due to the international climate at the time, the United Nations decided that it could not wait for an international criminal court to develop fully in order to take control of these crimes. Instead, the UN Security Council put in two ad hoc courts in order for individuals to be held accountable for these crimes – the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).

The quest for a permanent international criminal court continued when representatives met in Rome, Italy, from June 15th to July 17th of 1998. A total of 160 countries participated in this conference with the goal of negotiating an international treaty that would serve as the basis for an international criminal court. With 120 votes in favor of such a court, the Rome Statute was adopted, officially creating what we know as the International Criminal Court. The ICC was established in The Hague in the Netherlands, on July 1, 2002 when the Rome Statute entered into force. However, the reach of the court was diminished by the fact that the following countries either did not sign or did not ratify the statute: Bahrain, China, India, Indonesia, Iraq, Israel, Kuwait, Lebanon, Malaysia, Nepal, Pakistan, Sudan, Thailand, Turkey, Ukraine, the United States, and Yemen. The absence of three permanent members of the UN Security Council – the U.S., China, and Russia – has been a particular challenge for the new court.

2812685155_ecc654c998_o — The International Criminal Court in The Hague. Source: Alkan Boudewijn de Beaumont Chaglar, Creative Commons

How does the International Criminal Court function?

There are four components that make up the ICC: The presidency, Office of the Prosecutor, chambers, and registry.

The Presidency

The presidency is the head of the court that consists of three judges who are elected by an absolute majority by the 18 judges that makeup the Court. One judge is the president and the other two are vice presidents who all serve two three-year terms. The presidency takes on a significant administrative role by representing the Court as a whole to the world and safeguarding the enforcement of sentences levied by the Court itself. It also helps organize the work of the judges.

The Office of the Prosecutor

The office of the prosecutor has one of the most important roles: They conduct investigations and prosecutions. The office of the prosecutor is mandated to “receive and analyze information on situations or alleged crimes within the jurisdiction of the ICC, to analyze situations referred to it in order to determine whether there is a reasonable basis to initiate an investigation into a crime of genocide, crimes against humanity, war crimes or the crime of aggression, and to bring the perpetrators of these crimes before the Court.” Within the office of the prosecutor, there are three divisions: the investigation division, the prosecuting division, and the jurisdiction, complementarity, and cooperation division. The former two divisions are self-explanatory, but the latter’s duty may be a little difficult to understand. The jurisdiction, complementarity, and cooperation division works with the investigation division in analyzing information that is received, as well as, evaluating situations referred to the Court. In order to have a case heard by the ICC, one must go to this division which will either approve or reject a case to be heard. They will judge the legitimacy of a case on the basis of the analyses of information pertaining to that particular situation.

The Chambers

The chambers’ responsibility is to guarantee and carry-out a fair trial. Similar to the office of the prosecutor, there are three divisions within the chambers: the pre-trial chambers, trial chambers, and appeals chambers. The eighteen judges plus the three judges in the presidency (for a total of 21 judges) are assigned to one of these three chambers. The pre-trial chamber is composed of seven judges with one to three judges presiding over each sub-chamber. Their job is to make sure that the investigation and prosecutorial proceedings are fair in order to protect the rights of suspects, witnesses, and victims. After these proceedings are completed, the pre-trial chambers decide whether or not warrants of arrest should be issued, as well as summons to the office of the prosecutor at their request. They also are responsible for confirming or not confirming the charges the suspect has been given. Current cases in the pre-trial stage are the Barasa case of Kenya, the Hussein case of Darfur, Sudan, the Al-Bashir case of Darfur, Sudan, and the Harun and Kushayb case of Darfur, Sudan.

The trials chamber works to ensure the fairness of the trial itself and that such a trial continues to appropriately comply with the rights of suspects. They are also responsible for the needed protection of witnesses and victims in necessary. Along with those roles, this chamber is the one that decides whether a suspect is guilty or innocent of the charges and if guilty, they determine the punishment whether that be through monetary compensation or going to prison (prison time cannot exceed thirty years to a life sentence). Current ongoing trials are as follows: the Gbagbo and Blé Goudé case of Côte d’Ivoire, the Bemba et. al case of the Central African Republic, and the Ntaganda case of the Democratic Republic of the Congo.

The appeals chamber steps in if the guilty plaintiff would like to appeal his or her trial or proceedings that the pre-trials chambers or trials chamber conducted. This chamber is made up of the President of the Court along with four other judges. Just like the appellate courts we have here in the states, the appeals chamber can amend, reverse, or uphold the prior chambers’ decision. In some cases, they may order a new trial with a different trials chamber. Currently, there is one appeals case- the Bemba case of the Central African Republic.

The Registry

The registry supports the Court administratively by ensuring a fair, impartial, public trial. More specifically, the ICC describes the registry as “the core function of providing administrative and operational support to the Chambers and the Office of the Prosecutor. It also supports the Registrar’s activities in relation to defense, victims, and communication and security matters.” Communication matters consist of having responsibility and authority over the Court’s primary information, as well as outreach services and activities.

600 persons visited the International Criminal Court (ICC) on Sunday, 29 September 2013, when it opened its doors for The Hague International Day. Visitors engaged with speakers representing the Judges, the Prosecution, the Defence, the Legal Representatives of Victims, and the Registry during an interactive session held in the ICC Courtroom in The Hague (Netherlands). They had the opportunity to participate in a one-hour presentation in the ICC public gallery. Questions from visitors focused on the various aspects of the Court’s work, including its mandate, structure and ongoing cases.

Why Should I Care?

In summary, the ICC is much more complex than one might think, and rightfully so. This Court gets the worst of the worst cases in terms of cruelty. They try individuals who have been accused of participating in genocide, crimes against humanity, war crimes, etc. In order to maintain a fair and impartial trial, there are many administrative roles within each division and chamber that work to achieve the goal of accountability. The ICC was a concept that had been thought of long before it was actually established and it is the only permanent international criminal court that tries individual perpetrators. Some may think that the ICC doesn’t really matter or holds no significant importance when it comes to trying and punishing individuals, but actually, the ICC has a very compelling role in such matters.