4.6.1 Ultranationalism and Crimes against Humanity 2

Should nations pursue national interest?

Big Idea:

  • How can ultranationalism lead to genocide?


Ultranationalist sentiments still cause people to commit crimes against humanity. Genocide and war crimes in the past were encouraged by some nation-states such as Germany and the Soviet Union. The crimes were approved, and policies were put in place in much the same way as some modern nations are still actively engaging in crimes against humanity.

The International Criminal Court is Born

After the horrors of the Holocaust were discovered at the end of World War II, efforts were taken to create an international organization to help deal with cases of crimes against humanity. After the Nuremburg Trials, where the International Military Tribunal judged Nazi leaders for crimes against peace and humanity, a model for dealing with these types of crimes was established.

However, the process to establish an international committee was not quick and easy. When the United Nations established a committee to create a permanent international criminal court, the process took over 50 years. The greatest issue was how to operate the court without diminishing the sovereignty of individual countries.

Eventually, however, a charter (ICC Rome Statute) was worked out to create the International Criminal Court (in 2002), with 60 countries agreeing to the role of the court. As of 2018, 123 nation-states have accepted the International Criminal Court as the arbitrator of cases of crimes against humanity.


(click image to enlarge)
View the map (left) by enlarging the image. It is important to note

  • nations in dark green have signed and ratified (given formal/legal consent) the ICC Rome Statute,
  • nations in yellow have signed, but have not yet ratified the ICC Rome Statute (the charter must go through a national governmental procedure to become legally binding),
  • nations in orange originally signed the ICC Rome Statute, but then withdrew, and
  • nations in red have not signed or do not agree to obey the ICC Rome Statute.

Reflect


View the map above, and reflect on the following by adding notes to your 4.6.1 Notebook Organizer.

The International Criminal Court (ICC) is an independent judicial body, and cases of genocide, war crimes, and crimes against humanity are referred to the ICC by the United Nations. Take note of the nations in orange and red in the map above, which include powerful nations such South Africa, Russia, the Philippines, and the United States. While the United States did originally sign, they eventually stated they would no longer be party to the ICC Rome Statute because it would mean giving away their sovereignty to an outside power.

From your perspective, can the International Criminal Court still prosecute crimes effectively if all nation-states do not subscribe? Why or why not?


The International Criminal Court at a Glance

The International Criminal Court has written definitions of the four core crimes that are under ICC jurisdiction.

  1. Genocide refers to killing members of national, ethnic, racial, or religious groups.
  2. Crimes against humanity deals with systematic attacks against civilian populations.
  3. War crimes refer to killing, torture, or inhumane treatment.
  4. Crimes of aggression (added in 2017) focuses specifically on leaders who plan or execute an act of aggression that violates the Charter of the United Nations.

These definitions have allowed the International Criminal Court to judge people who are accused of these crimes. Countries that support the International Criminal Court believe peace is part of their national interest, and this form of justice is important to the well-being of their citizens.

Watch the video "The ICC at a Glance", and consider how the ICC prosecutes international crimes, while upholding nations' sovereignty.



National Self-Interest or International Community?

Despite efforts by the United Nations and the International Criminal Court, crimes against humanity motivated by ultranationalism still exist in the world. Critics of the International Criminal Court and the United Nations say it takes too long to respond to crimes, or the response does not do enough to address the crimes. As a result, some people believe many contemporary cases of genocide, crimes against humanity, and war crimes have not been dealt with.

Digging Deeper


Crimes against humanity did not stop with the Holocaust. There have been many more examples of ultranationalism leading to genocides and crimes against humanity since World War II.

Genocides After World War II
  • Cambodia: Khmer Rouge and Cambodians (1975)
  • Rwanda: Hutus and Tutsis (1990)
  • Bosnia: Serbians, Bosnians, Croatians (1995)
  • Darfur: Sudanese and Darfuri (2003)
  • Myanmar: Rohingya (2016)
Crimes Against Humanity After World War II
  • Democratic Republic of the Congo (2004): election violence, murder, and oppression under Kabila
  • Kenya (2010): post-election violence, murder, and rape under Kenyatta
  • Libya (2011): violation of human rights and violence under Gaddafi
  • Burundi (2017): murder, rape, torture, and persecution post-election of President Nkurunziza

Go to your textbook, Understanding Nationalism, and read pages 157 to 159 and pages 164 to 169. These pages will further your understanding of ultranationalism and crimes against humanity.
Continue to take notes about what you have read using the 4.6.1 Notebook Organizer (Word, PDF, Google Doc). As you move to the 4.6.2 Ultranationalism and Genocide assignment, consider the ways in which crimes against humanity develop and what we can learn from the legacies they leave behind.