Should former President Thabo Mbeki be charged with genocide for denying HIV-Aids sufferers access to anti-retroviral drugs?
When Young Communist League leader Buti Manamela made such a call in November last year, it led to weeks of debate in the media, much if it, unfortunately, ill-informed. If journalists understood the law relating to genocide, and the international criminal justice process involved, we would have been spared an ultimately distracting debate: the real question is around accountability for political actions, but that got lost in the emotive war-of-words ignited by the term “genocide”.
Any journalist who looked at the definition of the crime of genocide, as stated in the Rome Statute, which established the International Criminal Court, would have realised immediately that Mbeki’s HIV-Aids policies could not constitute genocide, however much we want to hold him (and his cabinet colleagues) accountable (see below). But how many South African journalists had heard of the Rome Statute, let alone bothered to look it up?
A group of journalists, academics and activists met in Salzburg last week to draft a model curriculum for reporting on international criminal justice issues. The project, supported by the Salzburg Global Seminar, the Open Society Initiative and the International Center for Media and the Public Agenda at the University of Maryland, is aimed at giving journalism students a better understanding of international criminal law, and to help them identify stories and analyze events.
The fruits of their labours – a draft curriculum outline – is available on the group’s website, together with other useful resources. The curriculum is flexible – it can be adapted and fleshed out for different countries and levels of study. Participant academics will devise detailed syllabi and teaching resources, which may be shared on the website and, perhaps, a follow-up meeting later this year.
Genocide, by the way, is defined in the Rome Statute, Article 6, as:
“…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.”