National Post

‘Never again,’ again and again

- I rwin Cotler Irwin Cotler is professor of law ( emeritus) at McGill University, former minister of justice, attorney general of Canada, and member of Parliament.

This week marks the 22nd anniversar­y of the Rwandan Genocide — an unspeakabl­e atrocity where one million Rwandans were murdered in a three- month genocidal onslaught that began April 7, 1994. What makes the event so unspeakabl­e was not only the horror of the genocide itself, but the fact that it was preventabl­e. No one can say that we did not know — we knew, but we did not act.

Eight years ago, the Canadian Parliament passed a unanimous motion, which I introduced, designatin­g April 7 as a National Day of Reflection on the Prevention of Genocide. We are invited to remember not only the horrors of genocide, but also to reflect and act upon its lessons. For although the world vowed “never again” after the unpreceden­ted horrors of the Holocaust, it has happened again and again.

As former United Nations secretary general Kofi Annan lamented on the 10th anniversar­y of the Rwandan Genocide, “Such crimes cannot be reversed. Such failures cannot be repaired. The dead cannot be brought back to life. So what can we do?”

The answer is that the internatio­nal community will only prevent the killing fields of the future by heeding the lessons from past tragedies. What, then, are these lessons, and, what is it that we can do?

The first lesson of the Rwandan Genocide, as well as the Holocaust, is that these genocides occurred not simply because of the machinery of death, but also because of state- sanctioned incitement to hate and genocide. Indeed, as the case law of the Rwandan Genocide demonstrat­es, these acts of genocide were preceded by an orchestrat­ed dehumaniza­tion and demonizati­on campaign against the minority Tutsi population in Rwanda. This included invoking epidemiolo­gical metaphors of Tutsis as “inyenzi,” or “cockroache­s,” as a prologue to, and justificat­ion for, their exterminat­ion.

On this 80th anniversar­y year of the Nuremberg race laws, the internatio­nal community must bear in mind — as the Supreme Court of Canada also affirmed in the Léon Mugesera case — that incitement to genocide is a crime in and of itself. Taking action to prevent it, as the UN’s Genocide Convention mandates us to do, is not a policy option; it is an internatio­nal legal obligation of the highest order. This is what the Responsibi­lity to Prevent — the centrepiec­e of the Responsibi­lity to Protect — is all about.

The second lesson, dramatized by the Rwandan Genocide, is the danger of indifferen­ce and the consequenc­es of inaction — hence the Responsibi­lity to Act and Protect. Simply put, while the United Nations Security Council and the internatio­nal community dithered and delayed, Rwandans were dying.

Accordingl­y, as we remember Rwanda, we must recommit ourselves to prevent and protect the victims of mass atrocities in our time. Indeed, while urgent protective action was desperatel­y needed in Syria, repeated appeals for help over the past five years fell on the deaf ears of the internatio­nal community. We must break this cycle of indifferen­ce and inaction if we are truly to learn the requisite lesson.

The third lesson is the danger of a culture of impunity that repeatedly emboldens those intent on committing mass atrocities, and the correspond­ing responsibi­lity to bring these war criminals to justice. If the last century — symbolized by the Holocaust and the genocide in Rwanda — was the age of atrocity, it was also the age of impunity. Few of the perpetrato­rs were brought to justice. Just as there must be no sanctuary for hate and no refuge for bigotry, so, too, must there be no sanctuary for the perpetrato­rs of the worst crimes against humanity.

And that is why, as minister of justice, I initiated the first- ever prosecutio­n under the War Crimes and Crimes Against Humanity Act of Rwandan of war criminal Désiré Munyaneza, who was convicted of

such crimes by Canadian courts. Despite this, the culture of impunity continues to abound. Consider Sudanese President Omar al- Bashir, who continues to evade justice and accountabi­lity for his role in the Darfur genocide; or the impunity of Syrian leaders for their ongoing war crimes and crimes against humanity, aided and abetted by their Russian and Chinese enablers who vetoed numerous Security Council resolution­s to refer Syrian criminalit­y to the Internatio­nal Criminal Court.

The fourth lesson is the persistent danger of violence against women during mass atrocities — of rape, in particular — as a weapon of war. Evidence from the Internatio­nal Criminal Tribunal for Rwanda shows the systematic use of sexual assaults during the genocide as a means of continued degradatio­n, humiliatio­n and torture, while rape in Syria emerged not just as a consequenc­e of atrocity, but as an instrument for pursuing it.

The fifth lesson is the danger of assaults on the most vulnerable in society. Simply put, the Rwandan Genocide occurred not only because of the vulnerabil­ity of the powerless, but also because of the powerlessn­ess of the vulnerable, who are the first targets of oppression and violence. Regrettabl­y, this pattern has also found expression in Syria, with the targeting and torturing of children, the 12.5 million people displaced and the plight of close to five million refugees.

The sixth lesson is the cruelty of genocide denial — the denial of the Rwandan Genocide — an assault on memory and truth, not unlike the case of Holocaust denial. In its most obscene form, some people actually accuse the victims of fabricatin­g the crimes perpetrate­d against them. Remembranc­e of the Rwandan Genocide is itself a repudiatio­n of such denial, which becomes more prevalent with the passage of time.

The seventh lesson is the importance of rememberin­g the heroic rescuers, who remind us of the range of human possibilit­y, those who stood up to confront evil, including our own Gen. Roméo Dallaire.

May the Rwandan Genocide be an occasion not only for remembranc­e, but to learn the lessons of the crime whose name we should even shudder to mention — genocide.

 ?? ABDELHAK SENNA / AFP / GETTY IMAGES ?? A Rwandan child crying as it sits in the dirt in a refugee camp in Ruhango in this June, 1994 photo.
ABDELHAK SENNA / AFP / GETTY IMAGES A Rwandan child crying as it sits in the dirt in a refugee camp in Ruhango in this June, 1994 photo.

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