“Krystallnacht” in Mosul and the Islamic Caliphate

Developing

Just as “Krystallnacht” (Chrystal Night), on November 9-10, 1938, signaled loudly to the World Hitler’s and Nazi Germany’s policy of persecution of the Jews in Germany (already including Austria and the Sudetenland) and the horrors yet to come, the so-called Caliphate of the Islamic State of Iraq and Greater Syria (al-Shams), also known as ISIS or “Da-ish”, has threatened to kill Christians in Mosul who do not covert to Islam or pay a tax imposed on non-Muslims for protection, revealing current horrors underway and heralding those yet to come.

Such action is wholly outside the bounds of international law and modern civilization.

It brings to our consciousness a new dimension of the ISIS jihadists, which is apparent genocide committed against Christians and other non-Muslims.

See “Convention on the Prevention and Punishment of the Crime of Genocide. Adopted by the General Assembly of the United Nations on 9 December 1948,” here. Articles II and III of the Convention provide:

Article II

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Article III

The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.

Louisa Loveluck in The Telegraph reports the following:

Christian families streamed out of the northern Iraqi city of Mosul on Saturday after Islamist fighters said they would be killed if they did not pay a protection tax or convert to Islam.

The warning was read out in Mosul’s mosques on Friday afternoon, and broadcast throughout the city on loudspeakers.

“We offer [Christians] three choices: Islam; the dhimma contract – involving payment… if they refuse this they will have nothing but the sword,” the announcement read.

It said Islamic State leader Abu Bakr al-Baghdadi, who the group has now named Caliph Ibrahim, had ordered Christians who did not want to stay and live under those terms to “leave the borders of the Islamic Caliphate”.

In recent days, Islamic State fighters had reportedly been tagging Mosul’s Christian houses with the letter N for “Nassarah”, the term by which the Koran refers to Christians.

Islamic State fighters robbed departing Christians of their belongings, (Fadi, a teacher) said, leaving them to face destitution in grim camps for the displaced. Deprived of their cars and cash, many Christians were forced to walk to safety.

–Louisa Loveluck, “Christians flee Iraq’s Mosul after Islamists tell them: convert, pay or die,” The Telegraph, July 19, 2014 (7:16PM BST).

“Iraqi Christians leave city en masse after Islamist militants threatened to kill them unless they converted to Islam or paid a ‘protection tax”.”

The echo of Krystallnacht (and earlier Biblical events) was stunning, with the ISIS jihadists marking Christians’ houses with the letter N for “Nassarah”.

As international peace and security in many parts of the world breaks down, simultaneously, from the Ukraine to Gaza to Iraq and Syria and Libya, the civilized nations of the world must not forget and must act urgently to prevent acts of genocide against Christians and other non-Muslims in the new Islamic Caliphate of ISIS.

As these disparate events show, and the founders of the United Nations well understood, international peace and security is something that is indivisible.

One cannot allow the commission of war crimes and crimes against humanity on a massive scale by Bashar al-Assad in Syria, without opening the gates of hell.

One cannot allow Russia to invade a European state, and annex part of it, without greatly weakening the deterrent force of the U.N. Charter’s prohibition of the threat or use of force across international frontiers.

One cannot look at a single crisis alone, without missing the broader picture of the general weakening of international peace and security that is currently underway.

Civilized nations must now act, on an urgent basis, to halt Russian aggression in the Ukraine, to stop potential genocide within the Islamic Caliphate, to halt the war crimes and crimes against humanity of Bashar al-Assad in Syria, to stop the fighting in Gaza, and to ensure that territorial disputes in the East and South China seas are resolved exclusively by peaceful means.

To achieve these goals, it is imperative that the international community uphold and reaffirm the fundamental principles of the U.N. Charter and U.N. conventions prohibiting the threat or use of force or violating the fundamental human rights of all human beings.

This they must do not through endless formulaic repetitions of words, of oft-repeated dilplomatic incantations, but rather through real actions aimed at rapidly changing the situation on the ground in different arenas.

The Trenchant Observer

About the Author

The Observer
"The Trenchant Observer" is edited and published by The Observer, an international lawyer who has taught International Law, Human Rights, and Comparative Law at major U.S. universities, including Harvard, Brandeis, the University of Pittsburgh, and the University of Kansas. He is a former staff attorney at the Inter-American Commission on Human Rights of the Organization of American States (IACHR), where he was in charge of Brazil, Haiti, Mexico and the United States, and also worked on complaints from and reports on other countries including Argentina, Chile, Uruguay, El Salvador, Nicaragua, and Guatemala. As an international development expert, he has worked on Rule of Law, Human Rights, and Judicial Reform in a number of countries in Latin America, the Caribbean, Africa, the Middle East, South Asia, and the Russian Federation. In the private sector, The Observer has worked as an international attorney for a leading national law firm and major global companies, on joint ventures and other matters in a number of countries in Europe (including Russia and the Ukraine), throughout Latin America and the Caribbean, and in Australia, Indonesia, Vietnam, China and Japan. The Trenchant Observer blog provides an unfiltered international perspective for news and opinion on current events, in their historical context, drawing on a daily review of leading German, French, Spanish and English newspapers as well as the New York Times, the Wall Street Journal, the Washington Post, and other American newspapers, and on sources in other countries relevant to issues being analyzed. The Observer speaks fluent English, French, German, Portuguese and Spanish, and also knows other languages. He holds an S.J.D. or Doctor of Juridical Science in International Law from Harvard University, and a Doctor of Law (J.D.) and a Master of the Science of Law (J.S.M.), from Stanford University. As an undergraduate, he received a Bachelor of Arts degree, also from Stanford, where he graduated “With Great Distinction” (summa cum laude) and received the James Birdsall Weter Prize for the best Senior Honors Thesis in History. In addition to having taught as a Lecturer on Law at Harvard Law School, The Observer has been a Visiting Scholar at Harvard University's Center for International Affairs (CFIA). His fellowships include a Stanford Postdoctoral Fellowship in Law and Development, the Rómulo Gallegos Fellowship in International Human Rights awarded by the Inter-American Commission on Human Rights, and a Harvard MacArthur Fellowship in International Peace and Security. Beyond his articles in The Trenchant Observer, he is the author of two books and numerous scholarly articles on subjects of international and comparative law. Currently he is working on a manuscript drawing on the best articles that have appeared in the blog.