Tuesday 12 January 2016

The legal loophole that leaves our society condemned to repeat its mistakes forever


Article 1 of the Genocide Prevention and Punishment of the Crime of Genocide makes all signatories liable for not taking actions to prevent genocide. Parties confirm that “genocide whether committed in peacetime or war is a crime under the international law which they undertake to prevent and punish.”

Despite the clear confirmation and intention contained withing the convention there is no direct mention about whether suppressing information about genocide is illegal. Although in Article VIII it is mentioned that a contracting party can call upon the UN for prevention and suppression of acts of genocide it is highly ineffective.

The ineffective nature of this clause is made clear through today's present circumstances because in the tumultuous political arena in which we all live what single nation is willing to lose their current stake hold for a potentially worse diplomatic position than before?

Obviously none. Hence all countries will maintain silence in order to retain their diplomatic relations with each other.

While some may believe that the mere omission of a genocide such as that witnessed in Turkey during and after the Armenian Genocide (reference point Geoffrey Robertson, An Inconvenient Genocide) is not a criminal endeavor, it is criminal to the extent that it is similar top proclaiming that the genocide never occurred. Should the genocide never have occurred according to global history then individuals would still feel at liberty to segregate and persecute portions of the community in order to create a Utopian society.

Education on such events are vital for the development of the general populace's understanding of human treatment around the world and how this treatment does not differ in peace time or war time. While some inhumane treatment may appear to be unlawful through commonsense in many instances inhumane treatment has been disguised under war or political actions.

For example, recently Donald Trump an American presidential candidate declared that all Muslims were to barred from entering the country. In previous eras patriotism and national security would preside over any discrimination regardless of how it may segregate or be unfairly based. The change in behavior towards the statement by Donald Trump can be linked to increased publications and education on genocides such as Rwanda and the Holocaust. Both situations have made clear the need to minimize the discriminative power politicians have over countries.

Therefore why do we allow the failure to education about genocide to be an undetected crime against humanity?

As a major loophole in the already loose foundations of international law the act of omitting or denying genocide rears its ugly head. In some countries such as Turkey the denial of genocide (in this circumstance the Armenian Genocide) is so severe that even historians can't quantify an approximate number of victims.

In fact the perversion of history has extended so far that it has poisoned the Turkish legal system. Under Article 301 the Turkish Penal Code any citizen found to insult Turkey by acknowledging the Armenian Genocide can be imprisoned or otherwise punished. This blatant condemnation of human sympathisers only further proves the long lasting and damaging influence of denying the existence of genocide. Case law from around Turkey, and other similarly governed countries, suggests that the penal code application is more subjective than legally objective leaving a lot of room to question Turkey's ability to fend off attacks on its human rights. Clearly genocide denial has long running influence that can lead to a devastated nation and global community all fighting to retain the right to an education that prevents the loss of respect for human life regardless of race, religion, gender or sexual preference



Those who cannot remember the past are condemned to repeat it -George  

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