International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime - 9th December 2023

By Lené Sophia Strydom / GICJ

Introduction:

The International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime, observed on December 9th each year, prompts global reflection on preventing and addressing heinous crimes against humanity. In response to the 75th anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, the United Nations Human Rights Council (UNHRC) held a crucial intersessional meeting on December 4, 2023.

During the meeting, heightened concerns about the dehumanisation of Palestinians led the UNHRC to issue a stern warning to major social media companies. Emphasising the role of these platforms in preventing the spread of hate speech and misinformation, the UNHRC highlighted the urgency of countering narratives that contribute to the dehumanisation of communities, particularly in the context of Palestine.

The meeting also addressed the ongoing genocide in Myanmar, reaffirming the international community's commitment to holding those responsible accountable and supporting victims, especially the Rohingya Muslim minority. The discussions underscored the importance of upholding the principles of the Convention on the Prevention and Punishment of the Crime of Genocide.

This international day emphasises the need for international cooperation, the impact of social media on shaping perceptions, and ongoing challenges in regions such as Palestine and Myanmar. The occasion of the International Day of Commemoration serves as a reminder of the collective effort required to prevent genocide and uphold the dignity and rights of every individual worldwide.

Beginning of the Genocide Convention:

The Genocide Convention, formally known as the Convention on the Prevention and Punishment of the Crime of Genocide, is an international treaty adopted by the United Nations General Assembly. The convention was officially adopted on December 9, 1948, in the aftermath of the atrocities committed during World War II, particularly the Holocaust. It came into force on January 12, 1951, after receiving the required number of ratifications. With currently, 153 states party to the convention. 

The key purpose of the Genocide Convention is to prevent and punish the heinous crime of genocide. Genocide is defined under Article II of the convention as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group:

• Killing members of the group
• Causing serious bodily or mental harm to members of the group
• Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
• Imposing measures intended to prevent births within the group
• Forcibly transferring children of the group to another group

These acts are considered crimes under international law, and the convention obligates states to take measures to prevent and punish genocide. The convention also established the International Court of Justice (ICJ) as the primary judicial organ for interpreting and applying its provisions, while individual criminal responsibility for genocide can be pursued through the International Criminal Court (ICC).

UNHRC Resolution 49/9 and the Intersessional Meeting:

UN Human Rights Council Resolution 49/9, adopted on March 31, 2022, stands as a testament to the Council's unwavering dedication to confronting contemporary challenges associated with the prevention of genocide. This resolution underscores the Council's commitment to fostering awareness and dialogue to address emerging threats. In acknowledgment of the 75th anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, the Council recognised the need for proactive measures, leading to the organisation of a significant one-day intersessional meeting on December 4, 2023.

The primary focus of this pivotal meeting was a comprehensive examination of the role played by social media platforms in the propagation of hate speech—a phenomenon that has become a catalyst for real-world discrimination and violence. The urgency of this inquiry was heightened by the ongoing conflict in Gaza, where civilian lives were tragically being devastated. On November 17, 2023, over 30 UN experts identified instances of 'genocidal incitement' against the Palestinian people, bringing attention to the perilous role played by social media in exacerbating violations during the conflict.

By delving into the impact of social media on exacerbating tensions and fostering animosity, the intersessional meeting aimed to address the nexus between online content and real-world consequences. The Council sought to explore effective strategies to mitigate the spread of hate speech and disinformation on these platforms, recognising that unchecked online rhetoric can escalate into tangible acts of violence and discrimination.

In essence, the intersessional meeting serves as a proactive response to the evolving landscape of modern conflicts and the digital age's influence on shaping public narratives. It represents the Council's commitment to adapting its approach to prevent and address genocide in the face of emerging challenges, particularly in regions like Gaza, where the destructive consequences of hate speech on social media have been painfully evident.

Social Media's role in the acts of genocide towards the palestinian people in Gaza

Social media platforms have undeniably transformed into powerful tools for communication, enabling the rapid dissemination of information globally. However, their influence has also given rise to alarming consequences, particularly in attacks against Gaza. The intersessional meeting, held in response to the escalating conflict, delved into the intricate ways social media platforms were manipulated, with a focus on the dissemination of hate speech targeting Palestinians.

In the context of the destruction in Gaza, several concerning facts highlight the pervasive influence of social media in exacerbating tensions. Organisations and individuals have exploited platforms like Facebook and Twitter to disseminate false information, hate speech, and calls for violence. The alarming surge in discriminatory narratives against Palestinians on these digital spaces has contributed to the dehumanisation of the population, further escalating hostilities.

During the conflict, numerous instances of misinformation and incitement to violence were documented on social media. False claims, doctored images, and misleading narratives were circulated widely, intensifying fear, anger, and prejudices among users. The intersessional meeting recognised the urgent need to address these challenges, emphasising that the digital realm presented unique hurdles for international bodies attempting to regulate content effectively.

International bodies have struggled to keep pace with the rapid dissemination of harmful content on social media platforms. The difficulty lies in balancing the preservation of free speech with the prevention of real-world consequences linked to the misuse of these platforms. The intersessional meeting, therefore, underscored the imperative for collaborative efforts to develop strategies that navigate this delicate balance.

As the attacks unfolded, the global community witnessed the profound impact of social media on shaping public opinion. The intersessional meeting's acknowledgment of the urgent necessity to address the negative repercussions of unchecked digital content underscores the gravity of the situation. It emphasises the need for not only effective regulation but also a heightened awareness of the responsibility that social media platforms bear in preventing the spread of hate speech and incitement to violence, particularly when it comes to sensitive geopolitical issues such as the plight of the Palestinian people in Gaza.

Luis Moreno Ocampo, former ICC Chief Prosecutor, has called Isarel's blockade of Gaza as a "crime against humanity and a genocide. He said, “Hamas’s attack on October 7 is clearly a crime against humanity… Because killings with the intention to strike a group is a genocide, and Hamas’s official intention is to strike Israelis,”. “It's a war crime, because taking hostages is a war crime,” he added. “One of the forms to commit a genocide is to inflict on the people's conditions to destroy them. And that's exactly what the blockade is". “The blockade is blocking water, food, hospitals cannot work, [there is] no electricity for people who can go nowhere,” he said. Sixty-two aid trucks have entered Gaza since last weekend, carrying much-needed food, water and medical supplies. But none have delivered fuel, which Israel has blocked over concerns it could be stolen and used by Hamas. Since then, at least 7,028 Palestinians have died in Gaza including 2,913 children and 1,709 women as a result of Israeli strikes, as per the Gaza health ministry. The death toll from the conflict in Gaza is at its highest since Israel's unilateral withdrawal from the region in 2005.

Social Media’s role in Myanmar Genocide

The role of social media and digital technology in the context of the Myanmar genocide, particularly concerning the Rohingya minority, has been a matter of grave concern and international scrutiny. The Rohingya crisis, marked by widespread displacement, violence, and allegations of ethnic cleansing, has seen the pervasive influence of digital platforms in both exacerbating tensions and shedding light on the atrocities.

Social media, particularly Facebook, has played a significant role in disseminating information, shaping narratives, and influencing public opinion in Myanmar. The platform has been used to spread hate speech, false information, and incitement against the Rohingya population. Extremist groups and individuals have leveraged these digital spaces to fuel anti-Rohingya sentiments, contributing to the dehumanisation of the community.

One of the challenges in Myanmar is the lack of media diversity, with many people relying heavily on social media for news and information. This reliance has made it easier for false narratives and propaganda to spread unchecked, further intensifying the hostility towards the Rohingya. The use of digital technology has, unfortunately, facilitated the spread of harmful rhetoric that has real-world consequences.

While social media has played a negative role in the Myanmar genocide, it has also served as a crucial tool for documenting and exposing human rights abuses. Citizen journalists and activists have used digital platforms to share firsthand accounts, images, and videos of the atrocities, providing a global audience with insights into the devastating reality on the ground. The international community, human rights organisations, and investigative bodies have relied on these digital trails to build cases and advocate for accountability.

The Myanmar genocide on the Rohingya minorities, highlights the complex relationship between social media, digital technology, and human rights. The abuse of these platforms for spreading hate and misinformation underscores the need for responsible and ethical use of technology. Efforts to combat the misuse of social media in the context of genocide require a multi-faceted approach involving international cooperation, platform accountability, and the promotion of digital literacy to empower users to discern credible information from propaganda. As the global community grapples with the implications of technology on human rights, addressing these challenges is imperative to prevent the recurrence of such tragic events.

Key Panels of the HRC Meeting:

The intersessional meeting convened by the UN Human Rights Council was structured around three pivotal panels, each meticulously designed to address specific facets of the critical issue at hand. These panels collectively sought to dissect the intricate relationship between social media platforms and their potential role in exacerbating hate speech, incitement to violence, and discrimination, particularly in the context of conflicts such as the one in Gaza.

Panel 1, a cornerstone of the meeting, delved into the alarming use of social media platforms as powerful amplifiers of hate speech, recognising the potential for such rhetoric to escalate into genocidal acts. The primary goal of this panel was to transcend definitional limitations, allowing states to adopt a more comprehensive approach in addressing the multifaceted challenge. By scrutinising the mechanics of hate speech dissemination on digital platforms, the panel aimed to equip states with a nuanced understanding, enabling more effective preventative measures.

Panel 2 assumed a critical role in the intersessional meeting, focusing on the specific obligations of states in preventing direct and public incitement to genocide within the digital realm under their jurisdiction, control, and influence. This nuanced exploration aimed to establish a clear framework for states to navigate their responsibilities in the digital space, providing a foundation for regulatory measures that curb the dissemination of harmful content and incitement to violence.

The third and final panel, perhaps equally pivotal, shifted the focus towards the responsibility and response mechanisms of social media platforms. It scrutinised their role in addressing content that incites violence and discrimination, recognising the potential influence these platforms have on shaping narratives during conflicts. Importantly, Panel 3 contemplated the potential role of the UN in setting standards for content moderation, acknowledging the need for a coordinated, global effort to establish norms that promote responsible behaviour in the digital sphere.

By structuring the intersessional meeting with these three comprehensive panels, the UN Human Rights Council aimed not only to dissect the complex issues surrounding social media and its impact on conflicts like that in Gaza but also to provide a platform for actionable discussions and the formulation of potential regulatory frameworks. The meeting underscored the importance of a multi-dimensional approach involving states, social media platforms, and international entities in addressing the challenges posed by the digital realm in the prevention of hate speech and incitement to violence.

The Role of the UN:

The United Nations, serving as the quintessential global entity committed to upholding human rights and fostering international cooperation, emerged as a central focus during the intersessional meeting. In particular, Panel 3 of the meeting undertook a critical examination of the UN's role, honing in on the potential for the organisation to set standards for content moderation on social media platforms. This discussion unfolded against the backdrop of escalating concerns about the incitement of violence and discrimination through digital channels, with participants seeking viable solutions and collaborative frameworks.

The meeting recognised the inherent challenges faced by international bodies in regulating the content disseminated on social media platforms, primarily due to the transnational nature of these digital spaces. The borderless and decentralised nature of the internet poses formidable obstacles to conventional regulatory approaches. Nevertheless, the meeting underscored the imperative of international collaboration and emphasised the need for the UN to actively engage in fostering cooperation between states and social media companies.

Panel 3, therefore, became a forum for participants to explore practical avenues for collaboration between the UN and social media platforms. Discussions delved into how the UN could leverage its position as a global mediator to work in tandem with these platforms, encouraging the establishment of guidelines that act as a bulwark against the incitement of violence and discrimination. This collaborative approach acknowledged the complex terrain of digital governance and sought to bridge the gap between the global reach of social media and the imperative to protect human rights and prevent atrocities.

By acknowledging the limitations faced by international bodies, the meeting did not shy away from the complexities inherent in regulating social media content. Instead, it highlighted the importance of forging partnerships between the UN, states, and social media companies. The emphasis on collaboration served as a recognition that effective content moderation requires a concerted effort involving all stakeholders. In doing so, the meeting affirmed the UN's potential to play a pivotal role in shaping the standards and practices that guide social media platforms, contributing to a digital landscape that aligns with the principles of human rights and global peace.

Interns from Geneva International Centre for Justice:

A notable feature of the intersessional meeting was the active participation of four interns from the Geneva International Centre for Justice. Their involvement brought diverse perspectives to the discussions, enriching the dialogue with insights from individuals directly engaged with human rights issues. This participation underscored the pressing need to adapt human rights discourse to the challenges posed by digital spaces.

Panel 1 Joint Statement by Sofya Losikova on behalf of Meezaan Centre for Human Rights and Geneva International Centre for Justice: 

The statement at the intersessional meeting on the Genocide Convention highlights the urgent challenge posed by hate speech on social media, emphasizing its potential to fuel discrimination and even contribute to genocidal acts. It calls for a broader definition of hate speech, recognizing the subtle ways it can reinforce divisions. The statement underscores that social media is not separate from real-world actions, citing instances like the plight of the Palestinian people, where online hate speech amplifies physical violence. The Meezaan Center for Human Rights and the Geneva International Centre for Justice advocate for comprehensive strategies to address the roots of hate speech, emphasizing the importance of precision, recognition of consequences, and collective action to uphold the principles of the Genocide Convention and safeguard the dignity of every individual.

Panel 1 Joint Statement by Tamir Boldbaatar on behalf of Association Ma’onah for Human Rights and Immigration and Geneva International Centre for Justice:

The statement addresses the harmful impact of hate speech in the Yemen conflict, spread through various channels including social media, contributing to prolonged fighting. Rebels use hate speech to justify revenge, tribalism, and racism, deepening violations against civilians, especially women and children. Religious minorities, like the Bahá'ís, face intensified discrimination. The denial of international rules by those committing or supporting atrocities exacerbates conflicts and violations. Association Ma’onah and GICJ urgently call on states to end these practices, urging acknowledgment of genocidal incitements, collaboration to prevent genocide, and clear guidelines for social media moderation based on a rights-based approach.

Panel 2 Joint Statement by Lené Sophia Strydom on behalf of Association Ma’onah for Human Rights and Immigration and Geneva International Centre for Justice:

The statement underscores the urgent concern of preventing incitement to genocide in the borderless digital realm, particularly for states party to the Genocide Convention. It highlights the Myanmar genocide against the Rohingya as a call for global action, advocating for accountability and united efforts to defend principles in both physical and digital realms. Emphasising the need for justice, the statement calls for addressing the spread of hate speech online and offline, advocating for laws criminalising digital incitement, targeted legal frameworks, and online tolerance promotion. It stresses the importance of balancing freedom of expression with preventing incitement to genocide, urging collective state action to safeguard human dignity in the face of digital hate.

Panel 3 Joint Statement by Ayushi Shukla on behalf of Meezaan Center for Human Rights and Geneva International Centre for Justice:

The statement highlights the historical and contemporary role of hateful rhetoric in supporting violent atrocities, citing the Nuremberg prosecution of Julius Streicher in 1946. It draws a parallel to the use of social media as a tool for genocide in Myanmar in 2010, where online propaganda fueled mass violence against the Rohingya Muslim minority. The statement also addresses ongoing genocidal incitement against Palestinians, with social media platforms accused of disseminating disinformation and censoring voices exposing atrocities. The Meezaan Center for Human Rights and the Geneva International Centre for Justice condemn the weaponization of social media, calling for accountability and urging global platforms to prioritise international standards to prevent its misuse for hate and persecution.

Conclusion:

In conclusion, the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime, observed on the 9th of December 2023, holds profound significance in the context of contemporary challenges. The intersessional meeting organised by the UN Human Rights Council on the 4th of December 2023 addressed critical issues related to the role of social media platforms in propagating hate speech and incitement to genocide.

The warning issued to social media companies to combat incitement to genocide, particularly in the backdrop of the ongoing dehumanisation of Palestinians, reflects the gravity of the situation. As the conflict in Gaza continues to devastate civilian lives, the meeting emphasised the urgent need for international collaboration in adapting human rights discourse to the challenges posed by digital spaces. The involvement of interns from the Geneva International Centre for Justice and the inclusion of discussions on Palestine and Myanmar underscored the global nature of human rights concerns.

Geneva International Centre for Justice (GICJ) commemorates the victims of genocide, and calls on the international community to reflect on the challenges posed by social media-fueled hate speech and take decisive steps to prevent the misuse of these platforms for incitement to violence and discrimination. The UN Human Rights Council's commitment to preventing genocide and fostering a world free from discrimination and violence must be translated into concrete actions that safeguard human rights universally, regardless of geographical boundaries. The International Day of Commemoration serves as a call to action, urging the global community to stand united against the atrocities of genocide and work towards a future where the dignity of every individual is respected and protected.