Is the Declaration of Genocide Enough?

Image courtesy of Newseverday.com
Image courtesy of Newseverday.com

The United States Department of State recently declared that ISIS is committing genocide against Christians and other minority groups in the Middle East, including Yazidis and Shia Muslims.  Secretary of State John Kerry stated that ISIS committed “crimes against humanity” and “ethnic cleansing,” arguing that the militant group’s actions meet the United Nations’ definition of genocide.   This definition reads as follows; “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.”  Thus, the declaration makes a bold claim and calls for action against ISIS.  Yet, this statement is not as impactful as it appears, and it does not do as much as it should.   There is more the government can be doing to combat ISIS.

Three months ago, Congress ordered the Secretary of State to make known whether or not minority groups are experiencing genocide in the Middle East.  Kerry waited until the deadline, March 17th, to announce that genocide is in fact occurring.  His announcement came as a surprise, as a spokesperson from the State Department alluded the previous day that Kerry would not be addressing the order.  Furthermore, a week prior to his declaration, the House of Representatives passed a non-binding resolution with a unanimous vote declaring that the violence committed by ISIS in the Middle East is considered genocide.  Hence, prior to Kerry’s announcement, the dominant belief was already that ISIS is committing genocide.

Additionally, this declaration does not mean that the United States is required to take action against ISIS.  Perpetrators of genocide must be brought to justice in a court of law where a complete trial must occur, but Kerry stated that the United States would not be taking ISIS to trial or taking any action to hold ISIS accountable. In his declaration, Kerry urged someone else to lead the investigation against ISIS, suggesting an international criminal tribunal as a good candidate.

The United States has only declared conflicts as genocide in five situations since the United Nations Genocide Convention in 1948.   Hence, there is no clear picture of what should precede such a declaration.  The UN Genocide Convention does make it clear that the perpetrator should be punished for their crimes, although it does not clearly state who is responsible for enforcing the punishment. Therefore, Kerry’s decision is in compliance with the treaty.

Even so, ISIS is killing innocent people because of their religion, which is a huge injustice.  While the United States is currently launching airstrikes and is partnered with Iraqi forces against ISIS, the increasing number of terror attacks makes it apparent that these measures are not enough.   Declaring genocide is important, but punishing those who commit genocide is equally as important.  Kerry’s declaration will help ramp up the fight against ISIS and brings awareness to an important problem.   Nevertheless, it does not solve the problem. Our country cannot stand by the side and encourage others to act.  We must lead the fight in not only holding ISIS accountable for their actions, but also in eradicating them entirely.

Brittany Gamlen is a sophomore BIC student majoring in international studies. 

Leave a Reply

Your email address will not be published. Required fields are marked *