To prevent genocide, actions should be taken through international institutions and the United Nations.
Actions must be taken to recognize the Hazara/Shia genocide and bring the perpetrators to justice. Human rights organizations and victims’ representatives can request the establishment of a commission through the representative of Afghanistan in the United Nations or directly from the Secretary General of the United Nations to investigate the claim of widespread human rights violations (genocide) of Hazaras/Shias in Afghanistan.
After forming a fact-finding commission, collecting documents, submitting a report to the UN Security Council, and confirming the claim of the genocide of the Hazaras, the UN has a legal duty to prevent it.
If the United Nations declares genocide, the signatories of the UN Convention on the Prevention of Genocide are legally bound to take action to end it. Genocide means the systematic and planned destruction of a national, racial, political, or ethnic group. It is possible that in addition to the genocide, widespread cases of human rights violations such as crimes against humanity or war crimes have also occurred in Afghanistan. The best way to file an international lawsuit and prevent the systematic killing of the Hazaras is to request the Secretary General of the United Nations or the Security Council to form a special fact-finding commission. The report of the United Nations Fact-Finding Commission is of great help in documenting and formalizing the alleged cases of widespread human rights violations (genocide, crimes against humanity, and war crimes) in Afghanistan.
If a fact-finding commission is formed and this commission examines the documents and evidence and submits its report, after submitting the report and declaring genocide or war crime or crime against humanity, the United Nations is obliged to take practical action to end it. The United Nations can intervene through the Security Council or refer this crime to the International Criminal Court (ICC). Previously, commissions were established by the United Nations to investigate the genocide of the Tutsis in Rwanda.
Since the Taliban do not have international recognition and internal legitimacy, they may not consider themselves accountable to the citizens and the international community; but according to the United Nations Charter and the Universal Declaration of Human Rights, all human beings as members of nations, regardless of whether they live under official or unofficial rule or without government, include and benefit from basic human rights. Article II of the Universal Declaration of Human Rights is clear in this regard.
Article II of the Universal Declaration of Human Rights states: “All human beings, without distinction of any kind, regardless of race, color, sex, language, religion, political or other opinions, social or national origin, property, birth, etc. or in whatever position they are, they deserve all the rights and freedoms mentioned in this “Declaration”. In addition, there is no distinction between people based on the political status, jurisdiction, and international status of the country or territory to which a person belongs, regardless of whether his land is independent, under a trusteeship, non-autonomous, or under any restrictions on its sovereignty.”
On the other hand, the “Convention on the Prevention and Punishment of the Crime of Genocide” consider genocide to be an international crime and a violation of international criminal obligations, and holds the United Nations responsible for it.
If the genocide is recognized by the United Nations, it is considered a threat to humanity and requires the intervention of this organization. On the other hand, both the Taliban as the accused and the government in which the genocide took place have been careless in ensuring the security of a certain ethnic/religious group and will be held accountable. According to the Convention on the Prevention and Punishment of the Crime of Genocide, “the violation of international law is not within the scope of national obligations, but it means the violation of international law obligations, which, according to the decision of the International Court of Justice, the negation of the international obligations of the principle (goodness to all), it is the obligation of every country towards the international community.” Therefore, the crimes of genocide oblige not only the country where the crime occurred but also the international community.
Therefore, to provide justice, prevent genocide and massive violation of human rights and prosecute its perpetrators, it is necessary to act through the mechanisms of the United Nations to achieve a practical result.
Abdullah Ahmadi – Contributor and Opinion Writer, Hasht-e Subh Daily
