The Role of the UN and Regional Organizations in Preventing Mass Atrocities

Montreal, 12 June 2013

Key Objectives
Emphasize the importance and benefits of preventing mass atrocities and the role of international and regional organizations; Be acquainted with the work of different UN bodies and related institutions on the prevention of mass atrocities; Get familiarized with the work developed by the Special Adviser on the Prevention of Genocide and the Analysis Framework of risk factors; Learn about regional initiatives on mass atrocity prevention or related topics; Discuss challenges for prevention by international and regional organizations.

Prevention - Why?
To avoid the loss of human life; To avoid physical, psychosocial and psychological damages and trauma; To maintain peace and ensure national, regional and international stability; To maintain the States sovereignty; To avoid serious financial costs and economic damages.

Prevention - When?
Before appearance of risk factors During occurrence of risk factors After events

Role of International and Regional organizations

States obligation - Genocide Convention Art.1 and commitment under the Responsibility to Protect Matter of International Peace and Security Legitimacy to galvanize and coordinate action Capacity/Resources Role in surpassing political will constraints

United Nations
Born after WW II UN Charter (1945): Human Rights pillar Evolution of the concept of noninterference in internal affairs of States

UN organs
Security Council Main function: responsibility for the maintenance of international peace and security Relevant action: adoption of binding resolutions calling States for compliance with international obligations, establishing Commissions of Inquiry, fact-finding missions, international tribunals, making referrals to the ICC, launching peace-keeping operations, authorizing sanctions or military interventions, etc.

UN organs
General Assembly Main function: main deliberative, policymaking and representative organ Relevant action: non-binding resolutions expressing concern or condemning situations, making recommendations and calling States for compliance with international obligations; bring situations to the attention of Security Council; assistance in developing international law and its codification (ICPPCG, ICERD, ICCPR, UNDM, etc); continue consideration of the RtoP concept

UN organs
International Court of Justice Main function: settle legal disputes submitted by States; give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies Related action: resolves disputes over interpretation, application or fulfillment of Genocide Convention (Art. IX); provisional orders.

UN organs
Secretariat Main function: administers programs and policies laid down by the other principal organs, day-to-day work of the Organization. Relevant action: good offices of Secretary General, bringing issues/situations threatening the maintenance of peace and security to the attention of other organs, work of specific departments/units on advocacy, early warning, conflict prevention, cooperation with regional organizations, political engagement with member states, capacity building, electoral assistance, mediation, administering peacekeeping/peacebuilding/political missions etc. Relevant bodies: - Special Adviser on the Prevention of Genocide - Special Adviser on the Responsibility to Protect - Special Adviser on Children and Armed Conflict - Special Representative on Sexual Violence in Conflict - OHCHR

UN Special Adviser on the Prevention of Genocide

Origin of the mandate - Failure to prevent

Rwanda (1994)

Srebrenica (1995)

UN Special Adviser on the Prevention of Genocide

Origin/Development of the Mandate: Report of the Independent Inquiry into the actions of the UN during the 1994 genocide in Rwanda (1999) Report of the Secretary General to the General Assembly The fall of Srebrenica (1999) Official documents by different bodies within and outside the UN SC Resolution 1366 (2001) SGs Five Action Plan to prevent genocide (April 2004) SGs Letter to the President of the SC (July 2004)

UN Special Adviser on the Prevention of Genocide

Mandate a) Collecting existing information, in particular from within the UN system, on massive and serious violations of human rights and international humanitarian law of ethnic and racial origin that, if not prevented or halted, might lead to genocide; b) Acting as a mechanism of early warning to the SG, and through him to the SC, by bringing to their attention situations that could potentially result in genocide; c) Making recommendations to the SC, through the SG, on actions to prevent or halt genocide; and d) Liaising with the UN system on activities for the prevention of genocide and work to enhance the UN capacity to analyze and manage information regarding genocide or related crimes.

SAPG and Early Warning

Early Warning mechanism Genocide

As process, not as an event.

SAPG and Early Warning

Early Warning mechanism

1. Info Gathering/ Processing

2. Risk Assessment

4. Policy Recommend/ Response

3. Alert

SAPG and Early Warning

What we dont do Do not investigate; Do not conduct Human Rights monitoring; Do not qualify situations as genocide.

SAPG and Early Warning

Framework of Analysis

Early warning tool: Collection and analysis of information; List of Risk Factors risk assessment; Reflects international legal standards; Consistency of approach; Publicly available

SAPG and Early Warning

Framework of Analysis
Risk factors (not exclusive, not ranked): 1. 2. 3. 4. 5. 6. 7. 8. Inter-group relations and record of discrimination Circumstances that affect the capacity to prevent genocide Presence of illegal arms and armed elements Motivation and acts that encourage divisions between groups Circumstances that facilitate the perpetration of genocide Acts that could be elements of genocide Evidence of intent to destroy in whole or in part Triggering factors

Other UN institutions
Human Rights Council Main function: promotion and protection of all human rights worldwide

Relevant action: address situations of human rights violations and make recommendations on them; resolutions condemning specific violations, setting up Commissions of Inquiry; thematic resolutions; work of mechanisms: - Special Procedures - Universal Periodic Review - Complaint Procedure

Other UN institutions
Treaty Bodies* Main function: monitoring implementation of human rights treaties Related actions: monitoring State policy, legislation and action through analysis of periodic reports submitted by States, petitions procedure. Note: No treaty body for Genocide Convention
*Independent experts

Other UN institutions
UN Agencies, Funds and Programs

UNDP, UNHCR, UNICEF, UN-Women, UNESCO, etc Related action: support equitable economic development and the fair distribution of political power; promote tolerance and respect for ethnic, religious and cultural diversity, and the protection of human rights; provide humanitarian assistance; and intercede to ensure peace, security and stability.

Other UN institutions
International Tribunals (ICTY, ICTR) and International Criminal Court* Main function: prosecution of international crimes Related action: accountability of international crimes as a deterrent
*Independent

Regional Organizations
Role on Genocide Prevention Privileged position to become aware of situations of concern; Regional/local understanding and analysis of issues; Pivotal position to assist and respond regionally/ locally; Capacity to influence and collaborate for a more effective prevention and response;

Regional Organizations
Initiatives on Genocide Prevention Develop early warning mechanisms or atrocity crime prevention initiatives; Exert diplomatic pressure; Appoint Special Envoys and other mediation initiatives; Establish fact-finding missions and Commissions of Inquiry; Liaise with other actors in the region or internationally for urgent action; Cooperate with regional judicial bodies Adopt sanctions; Deploy military, police and civilian personnel for peacekeeping or other missions;

Regional Organizations
Regional initiatives/mechanisms on genocide/conflict prevention ICGLR Regional Committee on the Prevention and Punishment of Genocide, War Crimes, Crimes Against Humanity and all forms of Discrimination AU Constitutive Act - Art.4 Right to Intervene AU Continental Early Warning system ECOWAS Early Warning and Response Network (ECOWARN) IGAD Conflict Early Warning and Response Mechanism (CEWARN) SADC Conflict prevention and resolution ECCAS Conflict prevention and resolution

Regional Organizations
Other relevant regional bodies ASEAN Inter-Governmental Commission on Human Rights AU African Commission of Human and Peoples Rights and the African Court on Human and Peoples' Rights Council of Europe Commissioner for Human Rights EU European Commission and European Court of Human Rights OEA Inter-American Commission on Human Rights and InterAmerican Court of Human Rights OSCE High Commissioner on National Minorities

Challenges?