A Genocide Designation--Now What?

Statement

In response to Secretary Kerry's genocide designation of the atrocities committed by ISIS against Christians, Yezidis and others, U.S. Rep. Chris Smith, chairman of the House panel that oversees global human rights, called on the Obama administration to work aggressively with the United Nations Security Council to create an effective tribunal to bring about justice for the victims of the genocide:

Rep. Chris Smith said, "Secretary of State John Kerry today (March 17) designated the ISIS slaughter, rape and torture of Christians, Yezidis and Shiite Muslims by its proper name: Genocide.

"I--and many others--had been appealing to the Administration for almost three years to recognize the systematic slaughter, rape and torture of Christians and other people of faith by ISIS as genocide. I chaired my first hearing on this in June of 2013. Last December 9, I chaired an emergency hearing on the hoped for designation.

"Now what?

"Part of the answer to that question is contained in a companion resolution I authored that was passed by the House along with the one on genocide, which calls for the establishment of a Syria war crimes tribunal, this time by a vote of 392-3.

"The International Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), which the United States signed in 1948, defines "genocide" as killing and certain other acts "committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group."

"The Genocide Convention does have legal force, though the Convention only provides general guidance.

"Article I of the Genocide Convention obligates States to "undertake to prevent and to punish" genocide and article IV states that "Persons committing genocide ... shall be punished," but does not specify how that would work.

"Article VI further mandates that persons charged with genocide shall be "tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction."

"While a court in the jurisdiction where the genocide occurred, i.e., Syria, is next to impossible as a practical matter, leaving the work of bringing these mass killers to justice to an international tribunal.

"The International Criminal Court (ICC) is a non-starter--beyond being utterly ineffective just two convictions since 2002--neither Iraq nor Syria (nor the United States, for that matter) have ratified the Rome Statute that created the ICC, and it would be a waste of political and moral energy to try to get an ICC referral.

"What is possible -- and what my House passed resolution calls for -- is an ad hoc regional tribunal, which is far more flexible than the ICC and which has proven effective in Sierra Leone, Rwanda and former Yugoslavia. In contrast with the ICC, the Yugoslavia court convicted 80 people; Rwanda, 61; and Sierra Leone, 9. Moreover, a tribunal focused on Syria that provides Syrians with a degree of ownership would enhance its effectiveness.

"A Syria tribunal would hold not only the genocidiers of ISIS but all parties--especially the war criminal Bashar al-Assad, who has barrel-bombed Syrian civilians and killed tens of thousands--accountable for their horrific deeds.

"Congress' message for the White House in the twin in-tandem resolutions passed Monday was clear: declare that ISIS has committed genocide against Christians, Yezidis and others. Then work with the United Nations Security Council to create an effective tribunal to bring about justice for the victims of genocide."

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