Film Review: A Good Wife – The Family Life of a War Criminal

Film poster to A Good Wife (Dobra Zena)

 

Film poster to A Good Wife (Dobra Zena)

Film poster to A Good Wife (Dobra Zena)


By Koen Kluessien and Marieke Zoodsma 

 

Perhaps one of the most disturbing (moving) images from the wars in the former Yugoslavia are those shot on the so-called Scorpion Tape. The tape is named after the paramilitary unit that produced the video, Škorpioni – who curiously named themselves after their favorite weapon, the Škorpion vz. 61 machine pistol. The Scorpions, founded in 1991, were a Serbian nationalist paramilitary group consisting of several hundred armed groups who were involved in multiple combat operations during the wars. The full-length 2-hour tape depicts the activities of the unit between 1994 and 1995, with the Trnovo murders in July 1995 as its disturbing climax. It shows how members of the unit transport six Bosniak men who were captured after the fall of Srebrenica, physically and mentally abuse them, and finally execute them. In Serbia, where a culture of denial about (Serbia’s involvement in) the war crimes is widespread, the video caused huge commotion after it was made public in 2005 during the trial of Slobodan Milošević, leading to several arrests of those Scorpion members captured on the tape.


So, one might ask, who kept the tape for all these years? Who knew about its existence and why did that person come forward with it after ten years? A Good Wife (Dobra Zena)
, one of the featured films of the Movies that Matter Film Festival 2016 and now On Tour, questions such as these are cleverly intertwined in the storyline. The film shows the family life of one of the members of the Scorpion unit, several years after the war. It is reminiscent of the ordinary life of a mobster that is told in the HBO series The Sopranos, in which the story focuses on the criminal activity of mafioso Tony Soprano but primarily aims to depict the everyday life of his family. This is also the aim of A Good Wife: instead of outlining the life of Serbian paramilitary Vlado (who even has an uncanny resemblance to Tony Soprano: fat, slightly balding, and with an appearance that breathes authority) it focuses on his wife Milena. The film asks the question what the family members of a paramilitary – or a mobster for that matter – know, and more importantly, want to know.


According to sociologist Stanley Cohen, this paradox of both knowing and not-knowing lies at the heart of the concept of denial (read here Marieke’s article on current day examples of denial and Koen’s article on genocide denial by Serbian politicians). Denial is intrinsically partial as some information is always registered. What is important is what one does with that information. Milena knows her husband was in the military during the war and we see her watching the news about the aftermath of the mass atrocities committed by Serbian units. However, she does not ask him any questions, not even when she sees him getting heavily agitated after watching a human rights activist comment on the war crimes on the television. She has a suspicion but does not have an “enquiring mind”, as Stanley Cohen would call it.


Alienation and demonization are often heard reactions to distance oneself from the cruel actions of perpetrators of mass atrocities. It is easier to see perpetrators of mass violence as intrinsically evil people. They can thereby remain the so-called “Other”; something that stands so far from us that we do not truly have to understand it. A Good Wife excellently depicts the opposite. It provides the audience with a unique insight into the ordinary life of a war criminal, when the violence is over and life turns back to “normal”. Yes, Vlado is easily annoyed, has a bad relationship with his eldest (progressive) daughter, and is still an overt believer of the nationalist Serbian cause – but furthermore comes across as the average husband. We see him buying jewelry for Milena’s birthday, sitting at the head of the dinner table, and going out together with friends. As the film progresses, however, coping techniques cannot hold back his lingering trauma and it starts to affect his family life.


The key scene in the storyline of A Good Wife is the moment when Milena finds a copy of the Scorpion tape in one of her husband’s drawers. Unaware of what the tape actually contains, she turns it on and sees her husband and his comrades commit the above-described crimes. Heavily upset she turns it off. The leading question of the film remains, now that she cannot deny the involvement of her husband in these crimes, what will she do with the evidence?

 

The actual Scorpion tape was found by Nataša Kandić, a human rights activist from Belgrade, who tracked down one of the Scorpion members that was in possession of the tape. There had been twenty copies, but when Slobodan Medić Boca (the commander of the Scorpions) realized that the images could be used against him, he ordered the destruction of the footage. However, one Scorpion who was not present at the executions and did not have good relations with his former comrades made an extra copy and hid it in Bosnia. On the same day, the tape was sent to the Special Prosecutor for War Crimes in Belgrade and to the Office of the Prosecutor at the ICTY. When the video was played in Serbia, it was the first time Serbia was confronted with a crime committed by Serb forces in Bosnia.

 

Serbian politicians later acknowledged the crime. At that point it seemed like the Serbian “state of denial” was about to change and Serbians would be ready to deal with their past. Indeed, many people still give credit to the tape for “sending shockwaves through society”. Unfortunately, the truth is slightly different. Quickly the discourse changed back to usual statements showing the unwillingness to confront the past. The taped killings were relativized by pointing out crimes committed against Serbs that were still unpunished. When asked why the video had not had more effect, Dejan Anastasijević, a journalist for the newspaper Vreme, responded: “Public opinion [has been] cemented by now – it’s been 10 years. All I can say is that the capability of the human mind of refusing to face unpleasant facts keeps on amazing me”.

 

A Good Wife depicts the family life of a war criminal as if they were your neighbors. Hopefully, it will also prove to be not only a thought provoking film filled with well-written symbolism and moving actors but also a step forward in taking down the wall of denial in Serbia.

 

 

The power of the UN to protect Humanity Part II – The endless conflict in South Sudan

Prestident Salva_Kiir_Mayardit, UN long
President Salva_Kiir_Mayardit, UN

President Kiir speaking to reporters before the headquarters of the Security Council, (CC-Photo Credit: Jenny Rockett)

 

By Iona Mulder -

In 2011, the Security Council assigned a peace-keeping mission, UNMISS, to South Sudan to help stabilize this young turbulent nation. In my previous article, I described the bureaucratic progress of the deployment of the mission in South Sudan as the intended ideal process of the founders of UN to protect humanity worldwide. Unfortunately, this positive note does not extend to the actual results of the mission on the ground in South Sudan. There is one thing that can be stated with certainty: the UN (peacekeeping) mission so far has failed its mandate to contribute to the stability of the country, and to protect its population against violence when its government neglects to do so.

The mission started in 2011 to help the government to build the new nation, however, in 2013 the government of South Sudan split into two factions. President Kiir accused the Vice-President Riek Machar of attempting a coup and sacked him and the rest of the Parliament. Riek Machar denied the accusation, stating that the President Kirr was creating a dictatorship. The remaining government and the opposition group of Machar both mobilized their support to pick up arms and fight by their side, leading up to a civil war. As a result of the violence, tens thousands of people have been killed, and over three million people fled their home – resulting in the destruction of South Sudan’s infrastructure and economic system that was mainly based on agriculture and oil. In 2015, a peace agreement, including a cease-fire, was signed between the conflicting parties. But already from the beginning, there was little trust in the implementation of this peace agreement, as it was signed under immense international pressure and the threat of a weapon embargo. In July 2016, new fighting broke out in Juba, the capital of South Sudan, that was being described as widespread ethnic violence by United Nations Special Adviser on the Prevention of Genocide. There were already many previous warnings of massive food shortage all over the country, but in February this year, the UN officially declared a famine in multiple parts of the country. Little blame for the famine can be distributed to circumstances of nature. It is the result of years of fighting, in which the civilians are heavily targeted, and the unjust distribution of the nation’s sources by the government.

How is it possible that one of the world’s most powerful organization in its third largest mission, seems powerless to bring a solution on a political level or provide civilians protection or even humanitarian assistance? Even in the six safe areas that the UN has established around the country, in which an average o f 200.000 people seeks refuge, the mission has been unable to guarantee a place where its residents can feel safe. Sexual violence, as in the rest of the country, is a daily reality and in February 2016 a safe area was burned to the ground, in the outbreak of violence July of the same year the protection side in Juba was heavily attacked. After this attack, the UN-secretary general Ban Ki-moon dismissed the commander of the mission, after it became apparent that the peacekeepers had utterly failed to protect civilians during these attacks, even within the safe area. “The report from a UN special investigation found that a lack of leadership in the UNMISS ended in a “chaotic and ineffective response” during the heavy fighting in the capital, Juba, from July 8 to 11 that killed dozens of people.”

The main reason for the failing mission is the noncooperation and opposition of the government of South Sudan to the mission. The government more than often has denied peacekeepers access to areas where civilians were in need of protection or humanitarian assistance. Although the third biggest mission in the world, the mission does not have the capacity in mandate, staff or material to force such access. The UN does not have its own army but has to rely on the military of the signatory nations. The process of assembling an army or adjust its mandate is a bureaucratic and time-consuming process, making it impossible to respond to urgent matters. Moreover, although the Security Council agrees that UNMISS is necessary for South Sudan, it is unable to make a political fist to fight the Government’s resistance against the mission, because Russia veto’s any resolution that directly affects the South Sudanese Government.

The primary example of these problems is the deployment of the so-called Regional Protection Force. This force of 4000 strong was authorized by the Security Council, including by Russia, in August 2016 after the outbreak of violence in July that year. Due to the bureaucratic process of assembling this force, it was still not ready to operate almost a half year later. Primarily, the South Sudanese Government accepted the force deployment under the threat of weapon embargo. However, in December Russia vetoed a resolution for a weapon embargo, which gave the Government the confidence to refuse the deployment of the Regional Protection Force without facing serious consequences. This refusal led to a further delay, because of the logistical and bureaucratic restraints. Thus, even after hearing warnings in December 2016 that the conflict might escalate into a genocide and a new Security Council resolution for the expansion of the Mission and an urge for a rapid deployment of the Regional Protection Force, the force is now April 2017, still not operating. However, as Casie Copeland of the Crisis Group reported, the mandate for the Regional Protection Force only extents to Juba, while in the meantime the conflict has moved its center to other regions, and it is there that people are in need of protection, not in Juba.

The South Sudanese Government and its political supporters play a political game as they are unwilling to end the conflict. If the UN continues to play this game, it will always be one step behind. There could be an approach by the UN that would help to circumvent this game of the national government. The UN has to switch its diplomatic and military focus from the national conflicts to regional or local conflicts. This approach is especially suitable for layered societies as that of South Sudan. It is often assumed that the national crisis – the conflict between the two former factions of the parliament – is the motor behind most of the violence in the country. However, South Sudan consist of many communities, which are bound by clan, local, family, ethnic or religious affiliations. The national conflict is often used by local communities to sort out their local conflicts with other communities. For example, a village will support the party opposite of their rival neighboring community with whom they have a bone to pick. Moreover, these local communities are the ones with the most interest in peace. It is the civilians who are paying the price of the conflict, not the political or military national leaders.

As the scholar Séverine Autesserre concludes in an article on the conflict in the Republic of Congo, local peace-building and reconciliation will reduce the level of violence on the ground. Her evidence for this argument is the conflict in North-East of Congo that (re)started in the beginning of the nineties. In 2003 a national peace agreement was signed, leading to the withdrawal of international players in the conflict. However, the conflict continued long after, because the local conflicts between the eight different ethnic and local groups in the region were not addressed in the settlement. Thus, local reconciliation could reduce violence after a conflict broke out. Moreover, it could also have a deterrent effect, as the national conflict might still spark the violence, but local settlements minimize the change that the violence is to spread out over the country. Finally, it might even put internal pressure on the government to implement a peace agreement.

Fortunately, in a report written by Secretary-General in cooperation with the African Union, the advice is given to the UN to put more focus on political engagement on a local level, as political solutions at national level seem fruitless, because of national and international unwillingness to end the conflict. As stated in this report: “The Mission’s increased focus on strengthening mechanisms for peaceful coexistence at the community level should be understood as a front-line protection intervention and part of an overarching political strategy.” If the UN can succeed in applying this strategy on a broad basis, they might be one step ahead of those who prefer the conflict to continue and for South Sudan to remain a state in chaos.

There is one issue that remains unsolved, and that is the inability of the UN to intervene adequate to changing situation, because of the slow bureaucratic (and political) process of putting together an peacekeeping army. An analysis of this process will be the subject of the last article of this series.

Mass Atrocities in the Digital Age – Can We Stop a Genocide With Our Cell Phone?

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6573384761_04390963e1_b

Todd Lappin  (CC-BY)

 

By Koen Kluessien -

“Never again” is an oft-repeated quote at Holocaust remembrances and unlike the adagio “lest we forget”, it encompasses a call to action to prevent future mass atrocities. The idea is that through remembering past atrocities history will not repeat itself – a notion that was also echoed in international policies. For example, in 1948 the United Nations established the Universal Declaration of Human Rights, a concept that arose directly from the experience of the Second World War. Still, the declaration’s thirty articles could not stop South Africa’s ruling National Party that was then introducing apartheid as an official government policy. This lack of direct action became exemplary for policies that followed.  In 2005 the Responsibility to Protect (R2P) was endorsed by all member states of the United Nations to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity. However, due to international political divisions, the Security Council has failed to uphold its basic function: the maintenance of international peace and security. Now it seems independent organizations are taking matters in their own hands to prevent and deal with mass atrocities How? Through technology.

Genocides do not happen over the course of a day, it is a long-term and deliberate process. This means that although only military intervention will stop the extermination, there are other means of ending the process before it reaches the phase of mass killing. This is especially important to note given the fact that most national governments and transnational organizations such as the United Nations are reluctant or do not have the resources to intervene. In ten stages Gregory Stanton has explained how the process of most genocides has to go through each of the phases before it can reach a new level. Stanton emphasizes that the ten stages are predictable and above all, can be stopped by preventive measures.

The Sentinel Project is one of many organizations attempting to prevent future genocides with the help of technology and Stanton’s ten stages of genocide. One of the obvious strategies of the organization is to gather information through social media. Twitter and Facebook have already demonstrated to be very successful assets to retrieve information from repressive regimes. A slightly more elaborate endeavor is to ‘crowdsource’ information through mobile phones. Ushahidi (meaning “testimony” in Swahili) is one application through which people have mapped reports of different crises. Through the app, users can retrieve, manage, and map data. This way researchers and policy makers will have a bulk of shared information instead of a number of individual entries. Or in the words of the creators of Ushahidi:

We built software to meet our own needs: the need to tell the story – the many stories – that were unfolding, spreading, exploding in an informational vacuum. We began as technology users who focused on making our own communities more resilient.

 

data-management

Source: https://www.ushahidi.com/

 

Still, these techniques predominantly focus on those phases in the genocidal process in which much of the harm has already been done. The Sentinel Project’s most exciting field of expertise is the area in which technology can play a role in the actual prevention of genocides. Even Hollywood actor George Clooney wants a part in it. Together with the Sentinel Project’s founder John Prendergast Clooney has conceived the Satellite Sentinel Project (SSP), during a joint visit to South Sudan in 2010. The Project produces reports on the state of the conflict in the regions between Sudan and South Sudan. Through satellite imagery and analysis, the project draws up reporting that is then sent to the press and policymakers. Clooney has jokingly referred to it as the “anti-genocide paparazzi”. Although the organization’s  subtitle “The world is watching because you are watching” has a Hollywood-like flair to it, it is a new form of research that is to be taken seriously. SSP has already located numerous human rights violations. The organization was for example the first to find evidence of the destroying of the villages of Maker Abior, Todach, and Tajalei in Sudan’s Abyei region.

 

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Satellite image of the burning of Tajalei, Sudan (6 March 2011). Source: Digital Globe/Satellite Sentinel Project

 

One does not have to be a spy anymore to use satellite imagery. These days, there are numerous companies that have half a dozen satellites orbiting around the globe for your viewing pleasure. Some images can display about 50 cm² in each pixel of your computer screen. To be more specific: it is detailed enough to tell the difference between cars and military trucks and track the movement of troops from space. Lars Bromley, a high-ranking UN imagery analyst, has described the private satellite imagery as “Google Earth on lots of steroids”.

Unfortunately, the SSP was disbanded in 2015. According to its founders this was due to the start of a new project in which Prendergast and Clooney try to dismantle the networks of perpetrators and facilitators of armed conflict through the analysis of their financial supporters. Yet it must be taken into account that a lack of success must have played a role in the disbanding of the organization. Although the organization was fairly successful in indicating human rights violations, it never led to any serious direct impact. Crisis mapping expert Patrick Meier states that one important reason for the lack of success is time. It takes between eight to twenty-four hours for the satellite imagery to develop, whereas raiding a village can be done in less than a few hours. More importantly, deterrence is a strategy that only truly works when governments threaten with direct and immense retaliation so that aggressors will suffer great damage as a result of their action. Clearly, this was not an option for the SSP, an independent organization without any military or police force.

The lack of direct impact on conflicts should not be a reason to simply stop using technology to end human rights violations. The problem is not the way in which the data is gathered, but the implementation of the information. Clearly, satellite imagery and information sent from mobile phones in the region should not be focused on the deterrence of genocidaires. Instead, it should be a way to hold our own governments accountable to their Responsibility to Protect. In the past, R2P as a mere commitment signed by UN member states has proven to be inadequate. Still, with more organizations finding ways to implement technology in their analyses and more people documenting what is happening on the ground, governments can be held accountable with more up-to-date and detailed reports of human rights violations. By all means, technology will contribute to R2P’s third pillar that focuses on the fact that

in a rapidly unfolding emergency situation, the United Nations, regional, subregional and national decision makers must remain focused on saving lives through “timely and decisive” action […].

We have to be tenacious in finding new tools for genocide research. Only then will technology play a role in winning the fight against genocide.

Populist rivalry: Trump’s impact on the future and politics of Israel

Trump_CPAC_2011

 

Trump_CPAC_2011

 Trump speaking at CPAC 2011 (creative commons).

 

By Laurien Vastenhout

 

After a period of disbelief and evasive responses, the world now has to face that Donald Trump is President of the United States. To the extent possible, Trump’s measured victory speech in November was ‘hopeful’; at least his tone had softened somewhat. It was not unthinkable that he had played a harsh election campaign, but in practice would be more appeasing. These were encouraging signs. However, the interview with the UK’s Times and the German tabloid Bild last week indicated that there was no moderation after all. With Trump’s support of the UK’s ‘hard’ Brexit, and China’s president Xi Jinping’s announcement to protect the world’s economy against Trump, it seems that the entire world politics and economy is about to change over the course of the coming months and years. One of the crucial topics that has to be examined in this context is the everlasting conflict between Israel and Palestine in the Middle East and the role of the United States herein. A friend and true (financial) supporter of Israel for many years, Trump is about to break with the decades of cautious US policy vis-à-vis the conflict. What can we expect from the Trump administration in the Middle East? And is Benjamin Netanyahu, current Prime-minister of Israel and chairman of the right-wing Likud Party indeed as happy with the Trump’s support as it seemed in his tweet of December, 28 2016, in which he thanked Trump for the warm friendship and clear-cut  support for Israel? This article seeks to create insight in the multiple dangers that lie ahead.

 

There are two individuals Trump nominated on central positions who we should investigate more closely: David Friedman, appointed ambassador to Israel, and his son-in-law Jared Kushner. Friedman is a pro-Israel hardliner, and strongly opposes the two-state solution. Being part of Trump’s advisory team, David Friedman co-authored a 16-point action plan in November last year in which his views on the difficult situation in Israel/Palestine are outlined. The Trump administration will ensure that ‘Israel receives maximum military, strategic and tactical cooperation from the United States’, the plan stated. Between the lines, one can read the rejection of the apparent ‘anti-Israel’ attitude of the United Nation (UN) members– see the recent United States Security Council resolution from which the US abstained –  and a strong support for an undivided Jerusalem capital. The latter is a highly sensitive topic as Palestine seeks to maintain the Eastern part of Jerusalem as future capital of Palestine, while Israel believes all of Jerusalem should belong to their country. The attempted relocation of the Main Office of the US Embassy from Tel Aviv to Jerusalem therefore is an important indicator of the political line chosen by the Trump administration. Moreover, Friedman is president of the American Friends of Beit El, which supports Israeli hardline settlement movements and believes that Israel is legally entitled to annex the West Bank.

 

Trump’s son-in law Jared Kushner, who is appointed to orchestrate a deal between Israel and Palestine has no experience with politics in the Middle East at all. Although, as an orthodox Jew, he is undoubtedly concerned with the area, his complete unfamiliarity with both Israeli and Palestinian politicians is disquieting. Kusner’s links to a far-right Jewish settlement in the West Bank, to which he donated money, are not very promising either. Clearly, the settler movement will have solid backing in Trump’s administration. Palestinians and their allies have repeatedly called on the UN to force Israel to stop with the settlements as it causes hindrance to serious negotiations. As a result, one of Trump’s major political goals, to reach an agreement in the ongoing conflict, seems a utopian line of thought. All of these difficulties, added to his wish to pull out of the nuclear pact signed with Iran in 2016, raise concern about the position of Arab countries of the Middle East.

 

Ironically, Trump’s presidency does not only raise difficulties for Arab countries and Palestine in particular; Benjamin Netanyahu might in fact be not so happy with Trump’s involvement in the region either. Netanyahu’s policies on the settlements in the West Bank over the past years can be characterised by ambiguity and delay. By pretending to keep a two-state solution alive, Netanyahu has often safeguarded the support of the United Stated for himself at the cost of more right-wing politicians. Now important positions in the Trump-administration are taken by pro-settler politicians, this tactic has become ineffectual. Haaretz columnist Chemi Shalev has somewhat ironically indicated that Trump is in fact making Netanyahu seem a ‘left wing defeatist’. In practice, this means that Netanyahu’s position is threatened by his far-right Minister of Education and political leader of the extreme right-wing party HaJehoedie (The Jewish Home Party): Naftali Bennett.

 

Bennett has suggested that Trump’s election signals the end of the two-state solution and the attempts to establish a Palestinian state. Obviously, he uses Trump’s to pressure Netanyahu to recognise the settlements as permanent. Through his statements, Bennett has secured the support of the majority of the Jewish settlers. For a right-wing political leader, this support is of key importance. Netanyahu’s recent aggressive response towards the UN resolution to end Israeli settlements in Palestinian territories at the end of 2016, indicates that he feels he has to win back right-wing voters. Both Netanyahu and Bennett are increasingly using right-wing, nationalistic discourse to prevail. In the case of Bennett, it is no secret that he aims to become Prime Minister himself. Not only is this an alarming development in Israeli politics, it also might cause that Jews around the world feel increasingly disconnected with the country. This, in turn, will result in an increasing isolation of the country.

 

The current situation in Israel and the proposed policies of the Trump administration, which do not favour a two-state solution, are thus worrisome. Although supported by the US, Israel will become a lone wolf in world politics due to its increasing hard stance vis-à-vis settlements in the West Bank. Both internal and external forces ensure that a solution to the long-standing conflict seems further away than ever, despite Trump’s genuine believe that his administration will broker an agreement. Bennett’s recent declaration that he will propose a bill to extent Israeli sovereignty to Maale Adumin, the third-large Jewish settlement in the West Bank, shows that a first major step has already been taken. The coming weeks and months we will have to wait and see how US policies unfold in the region. Without doubt, Maale Adumin will be the first test case and major determinant of America’s policies in the Middle East.

The Power of the UN to protect Humanity – Part I The Security Council

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UN Security Council meeting on Syria, on December 18, 2015. Take a good look at who raised their hands and who did not (State Department photo/ Public Domain)

 

By Iona Mulder -

 

The UN was founded after the Second World War with the primary goal of protecting peace and security in the world. One of the most important elements of this goal is the protection of people all around the world against similar atrocities that were committed by the Nazi regime; these atrocities are now framed as crimes against humanities and genocide. But who decides and how is decided within this unique and powerful international organization, that currently includes 193 states, that action is necessary to confront issues of crimes against humanity? I will provide insight into this question in a series of several articles. The intention is not to be exhaustive, but to provide a top-down overview of the decision-making process of this powerful organization, to show its competence and its weaknesses. This first article begins with the top of the chain were political decisions for action are taken: the Security Council.

Although the UN as a whole can be seen as leading the politics of the international community, its power is bound by the obligation to respect the sovereignty of states. The right to sovereignty means that the UN cannot interfere within national affairs without the permission of the state itself. This rule is the number one principle of international law. However, the Security Council forms the exception; it is the only organ that can in specific situations interfere with this fundamental principle of sovereignty – even with the use of force, often described as “use of all necessary means”. It can do so in the name of the protection of international peace and security, as described in Chapter VII of the founding charter of the UN. Whether a situation is a threat to peace and security and what measures should be taken, will be determined by a vote of the fifteen states that are a member of the council. There are five permanent members, US, UK, Russia, China, France, those countries that were considered as superpowers after The Second World War, and ten non-permanent that change every two years. These world-changing decisions on peace and security issues are made by the representative of the members states simply raising their hand, as if they were in a classroom. Live-streams of the voting meetings can be viewed at the website UN television. A decision, called a resolution, will be accepted when nine of the members vote in favor, and none of the permanent member uses their right to veto a decision.

Since the end of the eighties, the Security Council has often considered widespread international crimes against humanity as a threat to security of the international community. Examples of such situations are Former Yugoslavia, Somalia, Rwanda, Sierra Leone, The Democratic Republic of the Congo. The more recent case of South-Sudan shows how the decision-making at the Security Council ideally works. Last November 11th, United Nations Special Adviser on the Prevention of Genocide, Adama Dieng, made a visit to the young state of South-Sudan. His role as a Special Advisor is to collect information and advice and warn the Secretary-General and the Security Council of the UN on grave human rights violations of ethnic and racial origin that genocide that might escalate into genocide. The reason for his visit was continuing reports of ethnic violence in South-Sudan. In a speech before the Security Council he stated: “Last week, I saw all the signs that ethnic hatred and targeting of civilians could evolve into genocide if something is not done now to stop it. I urge the Security Council and Members States of the region to be united, and to take action.”

Already since 2011 there is a UN mission stationed within South-Sudan named UNMISS with the mandate to protect civilians, monitor, investigate human rights, and to give assistance to build up the new state. Over the years the mission was already expanded. However, as Adama Dieng has specified within his speech before the Security Council, neither the UNMISS nor strong calls upon the South Sudanese government, not even a ceasefire that was established in 2015, have led to a positive progress of the stability and security of the country. On the contrary, the violence has increased and spread over a larger area; the government army is overall feared by the population, and the current South Sudanese President Kirr made statements that incite even more violence among the different political/ethnic groups within the country.

Following Adama Dieng’s advice and call to take action before the Security Council, the Security Council decided last December 16th to expand the UNMISS even more with 4500 soldiers and broaden its mandate. This mandate now includes among other things the unlimited access for the Special Advisor to monitor, investigate and report on incidents of hate speech and incitement to violence and actively participate in the mission in the implementation of the ceasefire, including the disarmament, demobilization and reintegration of different armed groups in South Sudan. In this case, the Security Council took the words of the Special Advisor into account and took action to protect the population of South Sudan. There are, however, two loopholes. First of all, the Security Council is not obligated to council the Special Advisor if the member states are not interested in doing so. Secondly, the member states might not vote for any action or one the permanent members can use its right to veto to uphold any action. This often happens when political interest come into play.

The most compelling example nowadays is the case of Syria. Special Advisor Adama Dieng has made fifteen public statements on the desperate situation of the civil population in Syria. He has not once been invited by the Security Council to speak about this subject. Moreover, Russia has used its veto right six times since the beginning of the conflict to uphold a UN Mission with a mandate regarding the protection of civilians or the persecution of those responsible for violence against civilians and the use of chemical weapons. China has taken the same position five times. The reason for Russia and China to do so is their political alliance with the Syrian government. If they would allow such a UN mission to be implemented, this would minimize the power of the Syrian government and thereby damage their political interested. Henceforth, the Security Council is completely paralyzed to take any action. It is undeniable that the Security Council is failing to fulfill its responsibility to protect the population of Syria.

The situation in Syria is the ultimate display that the UN system to prevent any large-scale human right violations is dependent on the political will of the members of the Security Council and primarily the permanent members. The five permanent member states can stand in the way of the protection of many innocent civilians, merely because it is against their own political interest to so, even when all the other members are of the opinion that measures are imperative to secure the safety of certain populations. It is clear that if the Security Council wants to function as is intended by its founders, the voting powers must be distributed more equitably among the UN member states. This very critical note aside, the Security Council intervenes in some situations to protect civil population when a state is unable or unwilling to protect them, as is shown in the case of South-Sudan. The following question is, of course, will this action minimize or halt the violence. The UN human right protection systems involve many other organs than the Security Council and the Special Advisor. Their role, work and the success of their actions on the ground will be discussed in the following articles of this series.