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JURIST: First It’s the Muslims: An Evolution to Dictatorship

JURIST Guest Columnist David M. Crane of the Syracuse University College of Law discusses some alarming similarities between the early days of the Trump administration and the rise to power of Adolf Hitler…

 

Hitler and Mussolini together ©WikiMedia (Muzej Revolucije Narodnosti Jugoslavije)
How did a great country with a strong and respected place in the world, a center for culture and tolerance, elect a man who would plunge the world into what a commentator called “a place of anguish and fear”? This is a question many historians and policy makers asked themselves about Germany in the 1930’s.

The manner in which Adolf Hitler came to power initially was legitimate and within the constitutional bounds of German law. An obscure former corporal in the German army, he ran for the highest political office in his country on a platform of nationalism, essentially declaring it time to make “Germany great again.” Stung by the humiliating terms of the Versailles Treaty, Germany retreated inward burdened by reparations and eventual economic depression; this liberal democracy struggled to redefine itself in a post-WWI world. Hitler’s speeches declared that Germany could be a great country again, with a strong people, who could move forward to reclaim their historic place in Europe. All this rang true to a defeated people.

Hitler’s rhetoric in those days formed the murky beginnings of a far darker political dynamic, but the German people — Dem Deuctshevolk — shop workers, shopkeepers and farmers, looked beyond this darker theme and focused on a more promising future in a proud and assertive Germany. As he ran for Chancellor, Hitler focused on the economic issues of the time, promising to restore the German economy and bring back jobs. “German business first” was what a German citizen liked to hear.

Adolf Hitler became Chancellor of Germany in 1933, barely more than eight years after he was released from a Bavarian prison for the Beer Hall Putsch. The first year of his rise to power was a heady time where money poured into infrastructure and rebuilding the German army, in blatant violation of the Versailles Treaty. The concept of a people’s car, a Volkswagen, became a reality to be driven on the world’s first interstate road system, called the autobahn. German citizens saw jobs, better pay, and a brighter future.

Then the nibbling at Germany’s democratic principles began, subtle at first, but picked up over the next few years, and by the time of the 1936 Olympics in Berlin, led to a state policy to shift power from the people to one person, a Fuehrer. Backed by the Reichstag, new laws were passed shifting the power to a single executive. Additionally, as this happened, Adolf Hitler began to raise the stakes against perceived enemies of the state by using fear to cause the German people to give away their freedoms one at a time to fight the threat — Bolsheviks, Slavs, and Jews. Claiming a conspiracy to keep Germany weak, various minorities were singled out as a threat to the country and its people. It was this existential threat from within and outside the country that Hitler built upon a fear so much so that the citizens of Germany turned to their leader, their Fuehrer, to protect them.

The intellectual elite of Germany and much of the middle class at first stood back, amused, embarrassed, disbelieving that this proud nation of culture, of tolerance, of openness would elect this small little man who ranted and raved about a great German nation, a Reich that would last a thousand years. They could not believe that he would last long politically and stood aside in the early years thinking that the political system in place would cause his demise. By the time they realized the shift of almost complete power to one man had actually happened, it was too late. They had only one choice: swear allegiance or leave. Some left when they still could, but most stayed and accepted their national fate.

I have faced down dictators most of my professional life. To understand my adversary I have studied the twentieth century’s dictators, how they came to power, their psyche, and their methods of destroying their own citizens. There are patterns, similarities, regarding despots, dictators, and thugs who rise to and hold power in their countries. Their track record is horrific with the destruction of over 95 million human beings at the hands of these dictators in the last century.

Understanding the similar conduct of largely ordinary men rising to absolute power can help us in many ways: from investigating and prosecuting them for violations of domestic and international crimes, identifying those politicians or political movements trending toward despotism, to prevention and counter measures to blunt their move to power. Liberal democracies today need to understand the past, the present trends, to protect our futures. The consideration of these traits are instructive today in the United States and elsewhere.

So what are those similarities among despots and dictators? First in a country where a dictator comes to power, there is an anger towards the establishment, a long term disappointment and lack of trust in their government.They use this loss of faith in the centralized government to start building a political base to gain power. Dictators want to “drain the swamp,” to clean house, to start over.

Second, the rising dictator uses fear to shift that frustration away from their policies to what is called “a boogey man.” Dictators for a century all used a “boogey man” to focus their citizenry away from their absolute power to a threat outside the country. The Three Pashas in Turkey blamed the Christian Armenians for the loss of the Ottoman Empire; Adolf Hitler blamed the Jews for weakening Germany; Joseph Stalin and Mao Tse-tung focused on Western capitalism; and the Ayatollah of Iran blamed the Great Satan of America for their economic problems. Outsiders who were different, who had a different religion became an internal and external threat and were either accounted for and interned or deported. Those who sought admission to their country were banned for who or what they were.

Third, dictators view the press as their enemy and initially seek to limit press access to their regimes, then ban or control the press entirely. They consider the press an enemy of the state and take appropriate action. The liberal press is blamed for factual distortions. The dictator declares they are not using real facts and fashion their own truths, what you would call today “alternative facts.” Joseph Goebbels stated that “if you lie to the people long enough, they will believe it as the truth.” In a dictatorship the truth is the first casualty.

Fourth, a dictator surrounds himself (yes, they are all men) with only those people who tell him what he wants to hear, not what he needs to hear. The truth becomes dangerous to the government and to those who know it. The dictator does not want to know the truth, they fear the truth and those who work with and for the dictator fear knowing and telling them the truth. They could lose their influence, power, jobs, even their lives, as well as their family’s lives if they are truthful. It’s a downward paranoid spiral.

Fifth, the dictators of the twentieth century also suffered from some type of psychological disease or defect. From paranoia, schizophrenia, depression, and narcissism these men slipped farther and farther away from reality the longer they stayed in power. A perfect illustration is when Joseph Stalin fell dying on the floor in his bedroom and laid there for fourteen hours, the doctors and handlers were too afraid to declare him dead in fear of the repercussions of even saying, let alone knowing that he had died.

Sixth, dictators over time consider the law only as a guide, to be broken, modified, or ignored. The longer in power the more they feel they are above the law and take action according to their own whims. A political cult develops around them. They become above all men. Society is what the dictator says it is. The national identity becomes the dictator. Where once government workers or members of the armed forces swore allegiance to the law, they now must swear allegiance to the dictator himself without question. The refusal to do so is expulsion or death.

In the United States we now have a President who fits several of these traits and has acted accordingly — all within two short weeks as President. The surprising thing is how easily he has been able to do this without any institutional resistance. America is not used to someone of this caliber. We sit back stunned, cowed, or in quiet glee as this new President begins to “make America great again.” Is he becoming America’s first “dictator”? This remains to be seen.

Our only counter to this “new type” of President is the Constitution of the United States. The founders of this nation contemplated a Trump and put in the necessary checks and balances to ensure that America did not create a king or dictator. The power was reserved to the people, us; and all those elected answer to that people, not the other way around. The other two branches of government will be critical to our republic with this power grabbing new President. They must do their constitutional duty and pay heed to the law and to the people to counter his seeking absolute power.

Another point, the recent singling out of Muslims seeking entry into our country from several countries appears to be, and is touted to be, a national security issue protecting our country. Beware when our federal government tells you the reason they are doing something “in the name of national security.” The results were: “The Red Scare,” Japanese internment camps, McCarthyism, unauthorized medical testing, the electronic surveillance program, torture, secret camps, and Guantanamo, to name a few. It is easier to govern a people when they are afraid. Fear is the life blood of a dictator. Singling out a people to blame because they are different and can possibly cause us harm, hoping to play upon our fears is just a first step to despotism.

In times of real or perceived crisis we must hold tight to our Constitution, not push it away as a hindrance to making our country safe. Thomas Jefferson throughout his life looked to the people to keep the United States on track, our leaders honest, and our focus on the rule of law. Even in the Declaration of Independence he hinted that it is the people who shape that government and have the right and the obligation to change that government should it challenge our constitutional rights.

It is heartening to see people in the United States and around the world who are standing up to the new President’s policies. Make no mistake, we have a man in power who manifests the traits of a dictator. A citizenry who raise the banner of the rule of law holding our elected officials accountable to our Constitution, and not to a man, will eventually cause the Trump administration to reign in their policies or face legal consequences. If we do not, I fear for America. Remember Germany…

David M. Crane is a Professor of Law at the Syracuse University College of Law. He is the former Chief Prosecutor, Special Court for Sierra Leone, 2002-2005. He is also the founder of Impunity Watch, the Syrian Accountability Project and the IamSyria Campaign.

Suggest citation: David M. Crane, First It’s the Muslims: An Evolution to a Dictatorship, JURIST – Academic Commentary, Feb. 3, 2017, http://jurist.org/forum/2017/02/David-Crane-evolution-to-dictatorship.php

Global Centre for the Responsibility to Protect: Atrocity Alert: Iraq, Yemen and Philippines

Atrocity Alert is a weekly publication by the Global Centre for the Responsibility to Protect highlighting and updating situations where populations are at risk of, or are enduring, mass atrocity crimes.

Iraq

On 29 January reports emerged that the Iraqi provincial government in Salah ad-Din governorate had enacted a new policy of evicting families accused of ties to members of the Islamic State of Iraq and the Levant (ISIL) from their homes. At least 345 families in the city of Tikrit have been sent to Al-Shahama camp for displaced persons outside the city, while another 200 families are reportedly being held in a school and at Rubaidha camp. Several of those forcibly displaced reported that Iraqi Security Forces (ISF) had demolished their houses because of a family member’s alleged ties to ISIL.

Local authorities have said this policy of collective punishment is intended to force members of ISIL to pay a personal price for joining the organization. However, Iraqi Prime Minister Haider Al-Abadi has criticized the policy. The targeting of civilians who have taken no active part in hostilities, including the families of terrorists, is illegal under international law. As the ISF continue their military offensive against ISIL, the government must actively prevent reprisals against Sunni civilians and pursue accountability for human rights violations committed by all parties to the conflict.

Yemen

Despite efforts by the UN Special Envoy to Yemen, Ismael Ould Cheikh Ahmed, to encourage parties to the conflict to recommit to peace negotiations and a ceasefire, fighting between Houthi rebels and pro-government forces has escalated in southern Yemen. On 31 January the UN Humanitarian Coordinator in Yemen, Jamie McGoldrick, raised concerns regarding civilians fleeing violence in Al Mokha and Dhubab, in Taizz Governorate, calling upon all parties to meet their obligations under international humanitarian law. As many as 30,000 people remain trapped in Mokha, where civilians have been killed by airstrikes, shelling and snipers. Fighting also continues in northern Yemen along the border with Saudi Arabia.

On 27 January the UN Panel of Experts for Yemen submitted their annual report to the UN Security Council, documenting attacks by the Saudi-led military coalition that “may amount to war crimes.” The report reminds all members of the coalition and its allies of their responsibility to uphold international humanitarian law.

Philippines

Over 7,000 people have been extrajudicially killed in the Philippines as a result of a seven-month “war on drugs” initiated by President Rodrigo Duterte. On 1 February Justice Secretary Vitaliano Aguirre II responded to evidence that the killings amounted to crimes against humanity by declaring that drug offenders are not “part of humanity.” On 31 January Amnesty International reported on the role of police and armed vigilantes in extrajudicial killings. To date no police have been held accountable for their actions.

Linus G. Escandor II/PRI

Global Centre for the Responsibility to Protect: R2P in Focus: R2P and the new UN Secretary-General

R2P in Focus

R2P in Focus is a monthly publication from the Global Centre for the Responsibility to Protect designed to highlight recent events and political developments concerning the Responsibility to Protect (R2P).

R2P and the New UN Secretary-General

UN Photo Mark Garten

On 1 January 2017 H.E. Mr. Antonió Guterres assumed his position as the 9th United Nations Secretary-General. During his first formal remarks to the UN Security Council on 10 January, the Secretary-General described plans to reform the UN system and focus on fostering greater cooperation. He also argued that “preventive action is essential to avert mass atrocities or grave abuses of human rights. International cooperation for prevention, and particularly translating early warning into early action, depends on trust between member states, and in their relations with the United Nations.”

Prevention lies at the core of the Responsibility to Protect. Integrating the UN’sFramework of Analysis for Atrocity Crimes, which provides a comprehensive set of risk indicators, into the day-to-day operations of the UN is an essential step towards making conflict prevention and mass atrocity prevention a strategic priority.

In his “Notes for the Next Secretary-General,” Global Centre Executive Director Simon Adams proposes actions that the UN can undertake to help prevent and halt atrocity crimes.

The Responsibility to Protect and The Gulf Cooperation Council’s Response to Mass Atrocities

On 23 and 24 January the Global Centre co-hosted a workshop with the Ministry of Foreign Affairs of Qatar on the “Responsibility to Protect and the Gulf Cooperation Council’s Response to Mass Atrocities.” The conference was the first of its kind to take place in the Middle East. Participants included representatives from various Gulf Cooperation Council governments. During the meeting participants discussed the conflicts in Syria, Iraq, Yemen and the Occupied Palestinian Territories, as well as the need for better mechanisms for accountability, humanitarian assistance and prevention of mass atrocities.

Any Other Business

  • Statement on United States President Trump’s “Extreme Vetting” of Refugees. On 28 January the Global Centre released a statement on US President Donald Trump’s ban on refugees fleeing atrocities in Syria, Iraq, Libya, Yemen and elsewhere. In the statement the Global Centre called for the ban to be repudiated and rescinded.
  • Atrocity Alert No. 39: The Gambia. On 18 January the Global Centre released an Atrocity Alert focused on the crisis caused by President Yahya Jammeh’s refusal to hand over power in The Gambia. The heads of state from the Economic Community of West African States (ECOWAS) met with President Jammeh multiple times in an attempt to facilitate a peaceful transfer of power to president-elect Adama Barrow. On 19 January ECOWAS forces entered The Gambia to secure a democratic transition and on 21 January President Jammeh agreed to leave the country.
  • Aleppo Has Fallen. Will the UN Be Next? In this piece for the International Peace Institute’s Global Observatory, Simon Adams explores how new UN Secretary-General Guterres can revitalize the UN after the failure to protect civilians in Aleppo.

ICTJ: World Report January 2017 – Transitional Justice News and Analysis

ICTJ ICTJ World Report
January 2017

In Focus

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Prosecuting the Plundering of Natural Resources in Eastern DRC to Stem Violence Prosecuting the Plundering of Natural Resources in Eastern DRC to Stem ViolencePotential political interference, poor evidence gathering and difficulty accessing remote areas are some of the main challenges to prosecuting economic and environmental crimes related to armed conflict in the Democratic Republic of Congo. Overcoming these challenges was the focus of a two-day workshop for judges and prosecutors in Goma and Bukavu, organized by the International Center for Transitional Justice (ICTJ), in collaboration with the United States Institute for Peace.

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World Report

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AFRICAIn Uganda, the trial of Dominic Ongwen, ex-child soldier and commander in the Lord’s Resistance Army, continued as the prosecution presented its case. In Cote d’Ivoire, soldiers staged a two-day mutiny that came to an end earlier this month, but turmoil reportedly persists In The Democratic Republic of Congo, a deal struck last month requiring President Joseph Kabila to step down after elections this year risks unraveling if politicians do not quickly reach compromises on implementing the accord, according to Catholic bishops mediating the talks. The United Nations reports that it recorded a significant increase in the number of human rights violations committed over the past year, and that state security forces were the main perpetrators. In Kenya, an audit of the criminal justice system released by Chief Justice David Maraga, shows a high number of poor people are being jailed compared to the rich. The report further faults the police for carrying out shoddy investigations, saying some of the cases leading to jail terms should not have ended up in courts. In The Gambia, new president, Adama Barrow, returned to his country afternoon, after former president Yahya Jammeh entered exile after his refusal to accept election results. Barrow pledged to launch a “truth and reconciliation commission” to investigate possible crimes committed by the outgoing leader of 22 years. A human rights abuses complaint against WWF, the world’s largest conservation organization, based on activities in Cameroon is to be examined by the Organization for Economic Cooperation (OECD) in an unprecedented step.

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AMERICASIn Colombia, the government continues negotiations with the largest remaining rebel group, the ELN. The surrender of child soldiers of the FARC guerrilla group will begin on February 1, Colombia’s High Commissioner for Peace announced. U.S. federal agents have arrested a Guatemalan immigrant suspected of involvement in the massacre of about 250 villagers in 1982 during Guatemala’s civil war. In the United States, President Donald Trump used his first TV interview as president to say he believes torture “absolutely” works and that the US should “fight fire with fire.” In Chile, Undersecretary of Human Rights Lorena Fries said that torture remains a problem in Chile, along with a lack of transparency that prevents justice for the victims of crimes committed under General Augusto Pinochet’s dictatorship. In El Salvador, victims demanded justice on the 25th anniversary of the country’s peace accords. President Salvador Sanchez Ceren, a former guerrilla leader during the civil war, announced a plan for 2017 to launch a “second generation of the accords” and called on Salvadorans to continue to “cultivate and defend” peace with hopes of moving the country forward from a bloody past.

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ASIAIn Nepal, the Truth and Reconciliation Commission’s term seeks extension of its tenure by one year, saying that additional time is needed to complete the given assignments.. A United Nations human rights envoy is visiting Myanmar amid growing international concern over allegations against the military, including reports of rights abuses in western Rakhine State. In The Philippines, the country dropped six notches in the 2016 Corruption Index country ranking published recently by Transparency International, as president Duterte continues his drug war. Thailand is considering legislation aimed at criminalizing torture and other human rights abuses.

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EUROPEIn Bosnia and Herzegovina, Radovan Karadzic’s ex-advisor Jovan Tintor went on trial for charges of unlawful detention, torture, beating, making people do forced labour and murdering Bosniak and Croat victims at several locations including detention camps. Four former police officers were also charged with war crimes. They are allegedly responsible for the murders of eight Yugoslav People’s Army soldiers who were captured after their military vehicle broke down in Sarajevo in April 1992.

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MENAIn Tunisia, public hearings of the Truth and Dignity Commission continued, with victims testifying to the events of the 2011 revolution and labor struggles against the regime’s abuses. In Syria, the United Nations warned that sabotaging water supplies is a war crime as more than five million people continued to face shortages following an attack on the capital’s supplies. In Egypt President Abdel-Fattahal-Sisi will pick a chairman and members of a new media council under a law passed on Monday, giving the body the power to fine or suspend publications and broadcasters and give or revoke licences for foreign media. Human rights organisations and the New York-based Committee to Protect Journalists have repeatedly criticised media freedoms in Egypt, which jailed the second most journalists of any country in the world in 2015, according to the CPJ. In Bahrain prosecutors extended by two weeks the detention of Shiite opposition leader and leading activist Nabil Rajab over spreading “false information” about the Sunni-ruled kingdom, his lawyer said. About 100 migrant passengers are feared drowned in the Mediterranean Sea after their boat sank off the coast of Libya. It is unclear what the nationalities of the migrants involved are.

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Publications

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The Case for Action on Transitional Justice and Displacement

As the refugee crisis deepens, does action on transitional justice issues have to wait for peace? A new paper explores what sort of consultation and documentation work can be done now, while conflict is ongoing, to shape outcomes moving forward.

From Rejection to Redress: Overcoming Legacies of Conflict-Related Sexual Violence in Northern Uganda

Women and girls in Northern Uganda were victims of various forms of sexual violence, crimes whose consequences endure today.

Middle East Briefing: From Astana to Geneva: A Ceasefire that Will Define the Future of Syria/What US National Security Policy Should We Expect from Trump and his Generals?/The Muslim Brotherhood as a Foreign Terrorist Organization: To List or not to List?

In Our New Issue of “Middle East Briefing” this week

 

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From Astana to Geneva: A Ceasefire that Will Define the Future of Syria

It will be a tough call to get Iran and Turkey to really cooperate and monitor the ceasefire in Syria as required by the trilateral deal both countries signed with Russia in Astana, Kazakhstan January 24. But let us hope …

 

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http://mebriefing.com/

 

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What US National Security Policy Should We Expect from Trump and his Generals?

President Donald Trump has turned to a group of seasoned military officers to staff his national security team at the White House, the Pentagon and the Department of Homeland Security. Unlike any recent President, Donald Trump has turned his back on …

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http://mebriefing.com/

 

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The Muslim Brotherhood as a Foreign Terrorist Organization: To List or not to List?

The legislation proposed by Senator Ted Cruz and Representative Diaz-Balart to designate the Muslim Brotherhood (MB) as a foreign terrorist organization (FTO) could be viewed from multiple angles. One of those angles is legal. To join the list an organization …

 

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http://mebriefing.com/

 

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An SOS from Amman

Those who listened to the Friday Sermon of January 20 given by Jordan’s Chief Justice and Imam of the Hashemite Court Sheikh Ahmed Hilyal were certainly shocked. Hilyal sent an SOS message to the Arab Gulf rulers that Jordan is …

 

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http://mebriefing.com/