Profile picture
Dr. Shawna M. Brandle @ProfBrandle
, 12 tweets, 2 min read Read on Twitter
since the US admin insists on dehumanizing groups, & folks have rightly identified that as a primary step on the road to mass atrocity, let's have a little chat about the genocide convention (which the US helped draft, signed, and ratified (albeit in 1988) shall we? 1/X
GC is a fascinating document, grown out of the nullem crimen sine lege (no crime without law) problem after WWII. the nuremberg decisions are fascinating bc they had to work around this issue- the GC was meant to ensure that would not be a problem in the future 2/X
but the GC is SUPER specific, drafted to criminalize exactly what the nazis did- trying to eliminate members of a group BC they are members of that group- this is the dolus specialis (special intent) required by the GC 3/X
the dolus specialis is the reason a lot of attempts to get a conviction under the GC have failed- you need not just evidence of the act (killings, rapes, forced sterilization, etc), but also evidence proving the reason the act was committed was to eliminate the group 4/X
this made sense at the time of the drafting- The Holocaust was that much worse, bc it wasn't just a war crime, wasn't just a crime against humanity, that special intention brought it to another level of evil and criminality 5/X
the thing is, not since the nazis have people kept such clear, written records of the horrible things they were doing, the methods they employed, & the explicit reasons why they were doing them (the lesson from nuremberg for bad guys = don't leave a paper trail) 6/X
the challenge for ICTR and ICTY on genocide charges was to prove the dolus specialis- in both cases, dehumanizing speech was used as evidence, but it was a tough argument bc it was just a bit subtle- 7/X
for example, radio broadcasts in Rwanda said "get the cockroaches" but didn't say exactly who the cockroaches were (bc everyone knew, sure, but not having it in a radio transcript gave defense attorneys room to argue in trial, somewhat successfully) 8/X
in the US today, there is not even that nod to subtlety- POTUS says loud and clear and repeatedly and on the record who the infestation is, and what he wants done with them, & lots of admin officials are doing the same. 9/X
the asylee incarceration/family separation actions so far, heinous as they are, and violative of numerous other international laws and norms, do not rise to the level of genocide . . . yet. 10/X
but since we've seen this language before, we know where it escalates to. if i were involved in the implementation of these policies, i would be nervous- if any democracy survives, there's quite a public paper trail of the intention of these policies 11/X
and i'll just finish here with a little reminder that superior orders (doing what you're told/complying w/ law) has not been deemed exculpatory in genocide, war crimes, or crimes against humanity (although sometimes mitigated sentencing) 12/end.
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Dr. Shawna M. Brandle
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member and get exclusive features!

Premium member ($3.00/month or $30.00/year)

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!