Planning Resiliency Shaping the Future I Am No Longer Myself

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Planning resiliency Shaping the future I am no longer myself

INTERNATIONAL DAY FOR THE ELIMINATIONOF VIOLENCE AGAINST WOMEN 25 NOVEMBER 2019

The actress Melania Dalla Costa and the photographer Dimitri Dimitracacos joined UNICRI in the development of the campaign for the elimination of violence against women. The campaign is a tribute to the victims and it describes the painful process that leads to the destruction of an identity. An identity that can reborn through the strength that only solidarity and help can generate. The campaign is also launching a strong message to violent people: their abuses are a form of weakness, a denial of our human nature. Planning resiliency Shaping the future

Confusion of goals and perfection of means seems, in my opinion, to characterize our age

Albert Einstein Editorial Board Editor in Chief Graphic and layout UNICRI Marina Mazzini Antonella Bologna Bettina Tucci Bartsiotas Marina Mazzini Editorial Team Cover design Leif Villadsen Merwan Benamor Beniamino Garrone Fabrizio De Rosa Max-Planck Institute Robin Hughes Website designer Hans-Jörg Albrecht Jinyi Li Davide Dal Farra Ulrike Auerbach Marina Mazzini Michael Kilchling

Ghent University Tom Vander Beken Jelle Janssens Noel Klima

Disclaimer The views expressed are those of the authors and do not necessarily reflect the views and positions of the United Nations. Authors are not responsible for the use that might be made of the information contained in this publication. Contents of the publication may be quoted or reproduced, provided that the source of information is acknowledged. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations and UNICRI, concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific institutions, companies or of certain manufacturers’ products does not imply that they are endorsed or recommended by the Secretariat of the United Nations or UNICRI in preference to others of a similar nature that are not mentioned. DITORIAL

BUILD RESILIENCE: getting ready to bounce back

by Bettina Tucci Bartsiotas Director a.i. of UNICRI

The development of modern technologies along with the acceleration of globaliza- tion and increasing inequalities are generating new paradigms and unpredictable risks. This has huge impact on populations all over the world. Today, millions of people are coping with crises stemming from climate change, violent extremism, organized crime, and a general lack of vision on how to develop sustainable responses. Threats, uncertainties and socioeconomic disparities, and the need for new effective and innovative approaches are symbiotic in every corner of the world.

Over the recent years, the word “resilience” is occupying the vocabulary of the global community. Why? It appears that we have entered a phase where we must cope with problems and adversities that we failed to anticipate and address from the very beginning. The word resiliency per se represents an admission of the need to survive and adapt to a variety of exponential changes that find us unprepared. “Resilience is an individual’s ability to generate biological, psychological and social factors to resist, adapt and strengthen itself, when faced with an environment of risk, generating individual, social and moral success.”1 Resilience expresses the abilities of people, communities and systems to deal with challenges or crises.

In the field of crime and justice, developing resilience within and among institutions, social systems, communities and individuals requires a thorough knowledge of its causes and the possible ways to prevent escalation.

This issue of F3 includes articles describing different areas where resilience should be built. They offer a variety of perspectives, illustrating the necessity of enhancing resilience in institutions, systems and societies to achieve human rights for all, prevent and counter violent extremism and mitigate risks and respond to threats. The articles of this issue are closely connected to the Sustain- able Development Goal 16 of the United Nations 2030 Agenda, which aims to promote peaceful and inclusive societies, provide access to justice and strength-

1 Colchado, Oscar Chapital. (2018). “Resiliencia: Una propuesta de concepto y de etapas de desarrollo.” Instituto Nacional para la Evaluación de la Educación. https://www.academia.edu/38119923/ Resiliencia_Una_propuesta_de_concepto_y_de_etapas_de_desarrollo

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en institutions and accountability. In addition, Goals 4, 5, 9, 10, 11, 12, 14 are also referred in these articles, embodying the connections between resilience and education, gender equality, online security, youth empowerment, community policies, environmental crimes and so on.

The importance of building collective resilience cannot be ignored. For example, once a crime is committed, a criminal justice institution focusing on both the processes of desistance and recovery, and the harm endured by both victims and perpetrators, helps ensure true justice. When confronted with challenges and crises, countries with enhanced international cooperation and harmonized legal frameworks to the relevant conventions and treaties have shown to be more resilient. Enhancing community resilience facilitates the promotion of social justice, development and the protection of vulnerable groups. Collaborative communities can play a significant role in shaping the future of young people, their ability to find a role in the society through education and skills development. Building resilience at the individual level helps people better tackle current and potential crises, for instance, taking personal actions to guarantee their online privacy as well as recognizing sensitive and violent information in social media and the In- ternet to deal with cybercrime or cyber violence.

We are standing at a crossroad, and resilience helps guide us to a positive direction. To achieve a world of respect for dignity and diversity, the rule of law, justice and development, all sides must act together and make collaborative efforts to implement comprehensive responses.

Building resilient societies give us the possibility of reshaping a resilient world.

As a central and transformative guide of the 2030 Agenda and its SDGs, the promise “Leaving no one behind” still faces challenges and threats stemming from inequalities and vulnerabilities. Recent days have witnessed a wave of demonstrations around the world, from the Middle East to Latin America and the Carib- bean… from Europe to Africa and Asia. Behind those protests in cities across the world, there are economic issues relating to systems and political demands coming from people. António Guterres, Secretary-General of the United Nations said: “The global wave of demonstrations we are witnessing shows a growing lack of trust between people and political establishments. People are hurting and want to be heard. We must listen to the real problems of real people, and work to restore the social contract.”2

2 https://twitter.com/antonioguterres/status/1187794920846876672?lang=en

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Researchers identified resilience as a process, not a trait. From the lessons learned all along this adaptation process, we may extrapolate the answers we need to use the governance tools, knowledge and cooperation mechanisms to eradicate the problems we are facing. Instead of limits itself to building resilience, a real advanced society should be able to prevent crises before it is too late and before an adaptation is needed. A real advanced society requires focus pertaining to the commitment of doing what is possible before a situation gets to the point of crisis and should be able to expand its advances.

One day we will achieve a world where no one is left behind; the hope is that this world will have created the conditions for true sustainability. Charles Darwin said that “It is not the most intellectual or the strongest of species that survives; but the species that survives is the one that is able to adapt to and adjust best to the changing environment in which it finds itself.” Compared to the past, changes are occurring at an exponential rate that obliges us to develop the capacity to anticipate and mitigate negative consequences. We want the change to continue for the best of humankind, minimizing uncertainty, fear, pressure and lack of vision. We need to develop the tools and resources to build resilience.

The only vision that can lead humankind is the one the United Nations has offered since its very creation, almost 75 years ago. The Charter of the United Na- tions includes the antidotes to address our current problems. We just need the political will to implement a concept of global solidarity. I hope we will reach the day when we replace resiliency with global solidarity to be one step ahead of the challenges of our global village.

v CONT NTS

Women and prevention of violent extremism: 1 does it work – and if so, how? by Edit Schlaffer

Community resilience: insights from UNICRI 8 experience in the Sahel-Maghreb by Danielle Hull, Tamara Nešković, Manuela Brunero

No one is left behind in the fight of the EU 12 against violent extremism by Deborah Phares

Youth engagement and resilience against 18 violent extremism in the Sahel

How to train professionals for managing the 22 contradictions of a multiethnic society? by Loretta Fabbri and Claudio Melacarne InFocus Who is susceptible to the call of political 30 violence? A study of differential susceptibility and situational resistance to exposure to online violent extremism by Lieven J.R. Pauwels and Wim Hardyns

Youth The phenomenon of returning foreign terrorist fighters and its challenges 42 by Barbara Stadlbauer

Lived-experience-and-strengths-based 48 strategies for persons with mental illness who offended and their family members by Ciska Wittouck, Freya Vander Laenen, Stijn Vandevelde, Sara Rowaert, Natalie Aga, Sofie Van Roeyen, Kurt Audenaert, Wouter Vanderplasschen, Tom Vander Beken

A more humane approach to addressing the 58 harm of criminal behaviour by Tim Chapman and Annemieke Wolthuis

vi 64 When Sport Breaks Down Walls by Massimiliano Montanari

Sapere Aude: a social mentorship project which 68 uses education to promote social justice for children and young people living in the public care system by Milena Westermann

SDG 14: stepping up international efforts to 74 tackle ocean plastic pollution by Jivan Dasgupta InFocus Obligation to Investigate , Minimum Investigative Standards under Article 2 of the ECHR, and Their 80 Applicability to Post-conflict Situations by Andrey Antonov

88 Collective Human Action against Deepfakes by Pierluigi Casale, Vladimir Osin, Grazina Raguckaja and Giulia Violatto

9 Online Privacy Myths Keeping You from 92 Maximum Online Privacy by Harold Kilpatrick

InFocus The Companion to International Humanitarian Law. A practical approach to the dissemination 98 of International Humanitarian Law by Drazan Djukić and Niccolò Pons

Youth Why collaborative communities are the future 106 of youth empowerment and education by Rudradeb Mitra

Youth International law on the recruitment of children 114 by Mira Luoma

Interview The legacy of Giovanni Falcone: never lower your head, be brave and always fulfil your 128 commitments until the end Interview with Maria Falcone

The Resiliency of the UN staff member’s Oath 134 of Office by Andrea Angeli

vii THE NEXUS BETWEEN TRANSNATIONAL ORGANIZED CRIME AND TERRORISM

The convergence of criminal and terrorist Global Counterterrorism Forum, developed groups undermines peace, security and The Hague Good Practices on the Nexus economic development. between Transnational Organized Crime Their illicit activities span from the and Terrorism to support Member States trafficking of arms, persons, drugs, artefacts policies. and natural resources to corruption, The Nexus Policy Toolkit provides kidnapping, extortion and bank practical examples on how to better robbery. UNICRI, with the support of the understand the Nexus and formulate Netherlands and under the auspices of the effective responses. © Photo by Albert González Farran/UN Photo Women and prevention of violent extremism: does it work – and if so, how?

by Edit Schlaffer

Innovative approaches in countering violent extremism are not only a question of phi- losophy, but also of pragmatism. We need a new dialogue to strategize how to establish a consensus/springboard from which to reinforce local, national and global security. We don’t need to analyse what has not worked, but actually focus on analysing what is working.

Since 9/11 the international community has strongly focused on hard security approaches with huge investment of resources. So far, the outcome shows a mixed picture. What is the way forward? We need to identify the gaps and the missing links. Securitizing approaches without involving safeguarding mechanisms have not shown the results we hoped for. This was not an exclusive approach. However, without a determined emphasis on the role of civil society in preventing extremism and supporting deradicalization, we are not reaching the key stakeholders on the ground.

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Security is a human right which tion to take new approaches, un- education that exclusion and requires the cooperation of gov- daunted by the risks, will we suc- discrimination first become ap- ernmental and nongovernmen- ceed in rooting people – young parent. Two significant groups tal actors. The global investment people in particular – in the are on the frontlines when it must focus on an integrated bot- place where they belong: in their comes to these individual frus- tom-up security architecture. A families and in our society. Only trations: those who seduce and wide-ranging dialogue around then will we succeed in retriev- recruit and those who protect security should have one coming those who have already suc- and safeguard. It is a compe- mon goal: not only to recognise cumbed to extremist ideologies. tition between ideologies and democratic and legal structures, emotions which we must ad- but also to exploit the opportuni- How can we achieve this? Civ- dress in a timely fashion with ties that they present. il society composed of women expertise and empathy. and men is key. Freedom and democracy are the This challenge can only be met cornerstones of an open society. if we employ the right set of Nevertheless, freedom can en- We don’t need to tools: educational opportunities, gender fear and resistance, and analyse what has access to the job market and we must continue to fight for not worked, but enforcing psychological resil- and defend it with the tools of actually focus on ience at all levels of society. The critical thinking, targeted educa- overarching aim of all extremist tion and continuous encourage- analysing what is groups and ideologies is to un- ment. This is a clear mandate. working dermine democracy and social cohesion. It is therefore neces- Paul Kirchhof, an expert in Ger- sary to take an approach which man constitutional law, speaks of It is in the local contexts of the encompasses an all of society courageous freedom. Only when family, educational institutions, approach in this highly sensitive we find the courage and convic- social services and leisure-time and complex arena.

2 Women and prevention of violent extremism: does it work – and if so, how?

The representatives of these en- They need the confidence and Securitizing tities need to form a protective the competence to recognise approaches layer, particularly in situations warning signs such as anger, without involving of crisis and uncertainty. They restlessness and isolation and safeguarding have to connect with the youth address it in due time. mechanisms have and deal with their volatile economic and emotional con- not shown the ditions, guiding them into the Security is a results we hoped for right direction while they are human right exploring themselves and the which requires world. The personal, after all, is the cooperation of Doing so requires much of us: political. In order to construct a we must strengthen our com- ‘private’ security architecture, governmental and mon identity; and we must re- we must educate the educators nongovernmental inforce a sense of belonging, and start with the mothers as actors bolstering solidarity across all the first teachers in the lives of demographics. their children as a potential first line of defence strategy. They, We must strengthen, educate And so, where do we begin? We thanks to their emotional con- and encourage mothers so that look at the foundations of the po- nection with their children and they are capable of creating a litical fabric: in families and in their readiness to act, are well barrier between radical influ- schools moving up to the political positioned to be placed as key ences and young people, tar- level starting from the municipal security allies. geted by the toxic and polariz- level and finally to the top layer, ing ideologies of religious and the parliaments and high-level right-wing extremism. decision-making fora.

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However, mothers in this role techniques are also crucial to launched its Sisters Against Vio- are not without controversy preventative youth work and lent Extremism (SAVE) network. and do encounter certain ob- within the challenges of reha- It is the world’s first female coun- stacles. While they may have bilitation. ter-extremism platform includ- emotional access and physical ing women from 21 countries, proximity to their children, from Columbia to Kosovo, from radicalisation remains taboo. It is in the local Pakistan to Palestine, promoting Like other groups working with contexts of the women's voices in the interna- young people, mothers need an family, educational tional security, counter-terror- efficient support system and institutions, ism, and peacebuilding debates. network which provides a safe space in which to discuss their social services The outcome of the ongoing fears and observations regard- and leisure-time SAVE consultations was the ing the many dangers faced by education that understanding that mothers, their children from drugs and exclusion and in particular, have for too long gang violence to violent ex- discrimination first been excluded from preven- tremism, and to take decisive become apparent tion strategies. Women without action. Here, a support system Borders conducted the first in- outside the traditional institu- depth applied research study tions plays a key role. But how do we mobilize and pre- centred on mothers and securi- pare this critical group for poten- ty, entitled “Can mothers chal- The tools of the ideologists and tial frontline intervention? lenge extremism?” The survey recruiters – both online and explored over one thousand offline – are exactly the tools Against the background of a grow- concerned mothers’ attitudes the mothers of adolescents ing frustration with male-dom- towards, perceptions of, and and young adults must reclaim: inated and hard power-orient- experiences with radicalisa- making time, listening, building ed security strategies, Women tion and violent extremism in trust, showing empathy. These without Borders (WwB) in 2008 their families and communities

4 Women and prevention of violent extremism: does it work – and if so, how? in Pakistan, Palestine, Israel, tive strategizing to effectively text-specific radicalisation dy- Nigeria, and Northern Ireland. counter radical influences in namics over time; deepen the The research revealed that al- adolescent children, families understanding of why and how though mothers are well suited and communities at large. WwB mothers represent the missing and situated to recognise and trains local individual drawn link in prevention strategies in react to early warning signs of from local professional pools in- vulnerable and affected com- radicalisation due to their place cluding social workers, teachers, munities; and ensure that Moth- at the heart of the family, of- psychologists, community lead- erSchools continue to effect ten they lack the appropriate ers to become MotherSchools positive and sustained impact. space, structures, and training teachers. These teachers imple- to develop the necessary comment the MotherSchools curric- petence and confidence to as- ulum in regular meetings over A space to educate sume their prevention role. several months. The Curriculum the educators, to uses developmental psychology, create a community On the basis of these study self-confidence training and ex- of women who findings, Women without Bor- ercises and theoretical sessions ders conceptualised and devel- to define radicalisation and pre- realize that they oped the pioneering “Mother- vention at the individual level. are key in building Schools: Parenting for Peace The Model has been designed to up their children’s Model” which has so far been strengthen individual capability, strength and social piloted and implemented in emotional literacy and aware- immune systems 12 countries, involving around ness of extremist influences 3,000 mothers until now. to both empower and enable mothers to effectively prevent The MotherSchools implemen- and confront the threat of vio- tation has started in Tajikistan Women without lent extremism in their commu- in 2012 followed by Indonesia, Borders conducted nities. Pakistan, India (including In- the first in-depth dian-Administered and Paki- applied research And that's exactly the philos- stan-Administered Kashmir), ophy of the prevention model Bangladesh, Zanzibar, Jordan study centred “MotherSchools: Parenting for and later travelling to Europe on mothers Peace”. It is a space to educate with current roll-outs in Aus- and security, the educators, to create a com- tria, Germany, Belgium, Eng- entitled “Can munity of women who realize land and the Western Balkans. mothers challenge that they are key in building extremism?” up their children's strength and This approach works because social immune systems. The is it based on a methodology MotherSchools do not require which provides a framework, The MotherSchools Model physical buildings, but commit- a targeted community, a moni- creates a formalized space for ted and trusted local partners in tored call to action and support mothers to deconstruct individ- their communities. to respond to situations of ur- ual and social barriers to address gency. This model of local lead- the taboo issue of extremism Based on the programme’s rig- ership in action is providing while improving their knowl- orous monitoring and evalu- constructive engagement based edge of early warning signs. ation process, WwB seeks to on critical reflection and intro- MotherSchools facilitate collec- advance the knowledge of con- spection.

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The insights and impact of the The engagement of mothers in to take a nuanced approach to achievements need to arrive at this arena is not unquestioned. gender roles when it comes to the community level and need The criticism touches upon in- the discussion and prevention to be shared with the respec- strumentalization of women and of extremism. Confinement to tive stakeholders. The Mother- focuses on the stereotyped gen- stereotypical roles is a fixed Schools graduation ceremony dered roles of women as mothers part of an extremist world view finally provides an important and wives and potential peace and leaves little room for the outreach opportunity to engage makers instead of addressing the exploration of desired and al- the participating family mem- specific social and economic ex- ternative life models. bers as well as local stakehold- clusion, injustices and inequali- ers in the community and pol- ties in their societies. The development of an effec- icy level: particularly mayors tive individual immune system and the media. Providing the On the contrary: the mobili- against all forms of violence participants and teachers with sation of mothers as key wit- and extremism can be best this formal recognition is an nesses and potential agents of achieved in an environment important step for embedding change enhances an empower- which provides both physical the model into the community ment process that can have a and emotional security. This and mobilizing future partici- ripple effect in their immediate applies to both the private and pants and teachers. The gradua- and extended families as well public spheres, from families tion ceremony is also a point of as in their communities. and schools to prisons. departure for the participants enabling them to assume a pub- Gender has a symbolic signif- Resilience-oriented gender pol- lic role and become authority icance for diversity and inclu- itics also rely on the leadership figures. sion. It is absolutely necessary of mothers and fathers in the

6 Women and prevention of violent extremism: does it work – and if so, how? family, and men and women in challenges to family cohesion and will be rolled out in Ger- the community. Gender politics due to poor communication skills, many this year. FatherSchools also means that female voices physical and mental absence. Do- promise to be more than just must be heard in equal measure mestic violence as an experience a mitigating measure. In com- to male voices at all levels of the of normalized violence often is an munities at risk where notions security build-up. opening moment for violent ex- of hyper masculinity often are tremism. The connection between linked to violence, fathers must Prevention strategies can be most domestic violence and subsequent be viewed as the missing piece punctually and effectively imple- radicalization is a challenge that of the puzzle in a family-based mented when women’s poten- needs to be targeted. and whole-of community secu- tial is promoted and encouraged rity approach. systematically. Women must be recognised as part of an innova- We must act The processes of radicalisation tive strategy and engaged as such. together and take hold extremely quickly. Not least, it is of categorical im- make collective The window of opportunity for portance that a gender sensitive efforts to work intervention closes when we approach also includes the com- do not react. plimentary role men have to play on alternatives in their families and in public. in a climate of This is a clear mandate for our fear and political societies: we must act together The inclusion of fathers in pre- polarization and make collective efforts to venting violent extremism is work on alternatives in a climate WwB’s strategic next step to- of fear and political polarization. wards the whole of community Pilot FatherSchools workshops What it takes is a strategy which approach. Many fathers present have taken place in Austria demands courage and optimism.

The Author

Edit Schlaffer, an internationally recognised social scientist, founded Women without Borders (WwB) in 2001 with a view to building up the competence and confidence of women to effect social change in margin- alised communities across the world. Schlaffer focuses on gender-based peacebuilding strategies that harness the strength of civil society in building a new women led security architecture.

Responding to the growing threat of violent extremism, Schlaffer launched Sisters Against Violent Extremism (SAVE), the world’s first female counter-extremism platform. Over the past decade, WwB has been strengthening local and global security through its pioneering MotherSchools: Parenting for Peace Model addressing three thousand concerned mothers in 15 countries across Europe, Asia, the Middle East, and East Africa. In developing and implementing this internationally recognized strategy, Schlaffer’s preventing violent extremism research introduced and has since normalised the concept of mothers as the first line of defence against extremism.

Schlaffer is Ashoka Fellow and recipient of numerous awards: Reader’s Digest ‘European of the Year’, Foreign Policy’s ‘100 Global Thinkers’, Grand Decoration of Honour in Gold for Services to the Republic of Austria, Soroptimist International Peace Prize, Aenne Burda Award for Creative Leadership, Newsweek’s ‘150 Movers and Shakers’, and Women's eNews 21 Leaders of the 21st Century.

7  UNICRI has published the preliminary findings of its evaluation of the pilot programme interventions in the nine countries of Sahel and Maghreb in September 2019.

Community resilience: insights from UNICRI experience in the Sahel-Maghreb To adapt, bend, and change - but not to break

by Danielle Hull, Tamara Nešković, Manuela Brunero

In physics, “resilience” is a measure of how well a material, such as rubber or metal, responds to pressure by bending, adapting, and changing, without breaking. However, this concept is more than a scientific term. Resiliency can also describe a community’s ability to bounce back from pressures, including natural disasters, economic downturns, and - in the case of UNIC- RI’s Pilot Project on Countering Radicalisation and Violent Extremism in the Sahel-Maghreb - violence and terrorism. In the Sahel and Maghreb, the pressure on communities is certainly intense, and ever-growing. Conflicts in Libya and Mali threaten to spill over porous borders, while drought and desertification have increased food insecurity and heightened intercom- munal tensions. Increasingly active extremist militant groups have brought violence and chased out tourists, which once had been an importance source of income. Now, more than ever, an

8 Community resilience: insights from UNICRI experience in the Sahel-Maghreb approach aimed at building the the state to police the areas of iency - to begin with, they are resilience at a community level insecurity, and relying on the community-driven. is needed - one that can empow- army to impose security. Cer- er communities to respond to tainly, these are important el- these pressures by adapting and ements of a counterterrorism changing, without “breaking” strategy, and form a key part of The response to and entering into conflict. the international efforts in the terrorism is not regions. ‘only security As the security situation dete- riorates across the regions, it However, a community-resil- can be tempting to come to the ience approach recognizes that logical, yet oversimplified, con- the issues of violent extremism The power to envision clusion that a security problem and radicalization have their the future requires a security solution. roots in local conflicts - and After all, much of the area has likewise that the solutions lie As the name might suggest, ef- had limited state presence over in a dynamic and inclusive, forts to build community resil- the past decade, allowing armed community-wide approach. ience must be based precisely groups to grow in strength, and In the words of the Nigerien there - in the community it- smuggling and illicit trafficking diplomat Abdallah Wafy, « la self. Resilience cannot be built to increase in profitability. réponse au terrorisme n’est pas on behalf of the communities, que ‘le tout sécuritaire. » (The it cannot come from external response to terrorism is not actors imposing ideas and pro- In physics, ‘only security).1 UNICRI’s pilot grams from afar. Rather, it re- “resilience” is a programme (envisaging many quires critical reflection on and measure of how projects) seeks to implement coming to terms with the issues, well a material, and evaluate efforts to improve needs, and problems driving the capacity of the communi- some members of the commu- such as rubber or ties in the Maghreb and Sahel nity to engage with violent ex- metal, responds to cope with the pressure they tremism. This means that pro- to pressure by face and resist to violent rad- jects must be locally-defined bending, adapting, icalization. Rather than con- and driven. That is, “the power and changing, fronting threats with a purely to envision the future of the without breaking military response, it strives to community and build its resil- identify ways for communities ience resides with the commu- to harness their own assets to nity members.”2 Often, when the government undermine and control violent has been present, it has been radicalization. While the indi- The local level is an essential weak, or viewed as biased and vidual projects differ in their staging ground for efforts to corrupt. Therefore, one might activities, focus, and geographic build resiliency, as communi- conclude, the focus should be locations, they all demonstrate ties resilient to violent extrem- put on improving the ability of some key elements of resil- ism require strong social ties

1 Rolley, Sonia. «Invité Afrique - Abdallah Wafy: « En Réponse Au Terrorisme, Il N’y a Pas Que Le ‘tout Sécuritaire’». RFI. June 08, 2019. Accessed July 09, 2019. http://www.rfi.fr/emission/20190608-reponse-terrorisme-il-y-pas-le-tout-securitaire-abdallah-wafy. 2 Lerch, Daniel. Six Foundations for Building Community Resilience. Post Carbon Institute. Edited by Asher Miller, Ken White, and Richard Heinberg. November 2015. Accessed July 9, 2019. http://www.postcarbon.org/wp-content/uploads/2015/11/Six-Founda- tions-for-Building-Community-Resilience.pdf.

9 F3 Magazine Planning resiliency: shaping the future as well as trust and dialogue most directly affected by violent Who should benefit from them? among diverse - and potentially extremism can design the most The answer to these questions conflicting - groups. Research innovative and successful efforts is deceptively straightforward: in fact confirms that the lack of to counter it, the project was, everyone. Inclusivity goes to a sense of belonging or strong from its very inception, com- the very heart of resiliency. In social identity can be important munity-led. As a consequence, order to truly be resilient - to be risk factors for violence.3 At- several and different grievanc- able to weather the pressures tempts to construct strong so- es have been identified by local that these communities face - cial bonds, foster inclusion, and partners, encompassing political, it is important to include those address local grievances make social, educational, economic who often have been excluded community engagement and and security issues. Interestingly in traditionally gerontocratic, ownership of the project vital. enough, even though all of them male-dominated communities: have been reported as critical for women, youth, and ethnic mi- the local communities, not all of norities. The pilot project did Resilience cannot them have been addressed by the just that. The reason for focus- be built on behalf of interventions. Main emphasis ing on these groups is two-fold. the communities, it and attention have been devoted First, exclusion can be a power- cannot come from to inclusive governance and citi- ful driver of violence. zens’ participations, equal access external actors to services, accountability of se- Violent extremist groups may imposing ideas and curity forces, social justice, access draw on youth’s frustration programs from afar to education, (including religious with their lack of employment education) and social inclusion. and role in their communities UNICRI’s pilot programme be- through offering prestige and pay gan with each community having for joining. Excluded minority the freedom - and responsibility Resilience for whom? groups may turn to violent groups - to define its own problems and out of desperation, fear, or anger; propose appropriate solutions. Who should be included in while women - research has sug- Based on the belief that those resiliency-building projects? gested - can play both a motivat-

3 Ellis, B. Heidi, and Saida Abdi. “Building Community Resilience to Violent Extremism through Genuine Partnerships.” American Psychologist 72, no. 3 (2017): 289-300. doi:10.1037/amp0000065.

10 Community resilience: insights from UNICRI experience in the Sahel-Maghreb

Who should benefit from them? ing part in encouraging violence, Try, and try again time, energy, and resources to The answer to these questions as well as an indispensable role the long and ongoing process is deceptively straightforward: in peace-making. Thus, from an Even with an inclusive and com- that is resilience-building. everyone. Inclusivity goes to efficacy point of view, successful munity-driven approach, resil- the very heart of resiliency. In efforts to counter violent extrem- iency is not something that, once This has been the foundation order to truly be resilient - to be ism must address those most at- achieved, can remain static and of UNICRI’s pilot programme, able to weather the pressures risk of being drawn into violent in place. Nor can it be achieved which, from the beginning, has that these communities face - groups along with those with the through a one-size-fits-all initia- sought to implement, test, and it is important to include those power to build a lasting peace. tive. Building resiliency requires evaluate a diverse range of inter- who often have been excluded being open to failure and learn- ventions, in different locations, in traditionally gerontocratic, ing what methods work well and and with varying organisations male-dominated communities: Inclusivity goes to what do not. It demands an iter- in order to identify the most suc- women, youth, and ethnic mi- ative process of trial, error, and cessful projects, and determine the very heart of norities. The pilot project did learning. why they were successful. just that. The reason for focus- resiliency ing on these groups is two-fold. Indeed, a final ingredient in Though an admittedly difficult First, exclusion can be a power- building community resilience task in and of itself, identifying ful driver of violence. Yet, it is not simply a matter of successes alone is not sufficient effective programming: wom- to violent extremism is a healthy to build a robust and resilient Violent extremist groups may en, youth, and minorities can- dose of courage. Undoubtedly, it base against violent extremism. draw on youth’s frustration not be shut out of the system. A takes a great deal of courage to Despite the human toll that vio- with their lack of employment system that works only for a se- face up to violent actors in one’s lent extremism has taken in these and role in their communities lect group or groups is brittle. In own community and country. regions and around the world, through offering prestige and pay order to exhibit the dynamism It takes another, equally im- our understanding of what drives for joining. Excluded minority inherent in resiliency, commu- portant, form of courage to be and prevents violence is still im- groups may turn to violent groups nities must embrace diverse willing to accept failures, at least proving. Thus, sharing and dis- out of desperation, fear, or anger; perspectives and inputs, and in the short-term, to battle the seminating the various projects’ while women - research has sug- strive to respond to the needs seemingly insurmountable one strategies, challenges, materials, gested - can play both a motivat- of all community members. step at a time, and to commit and important findings is crucial.

The Author

Danielle Hull is a Master in Public Affairs (MPA) student at Princeton University. She received her undergraduate degree from Harvard in 2013 and has worked in Bamako, Mali, and Jefferson Parish, Louisiana. In summer 2019, she interned with UNICRI as part of the Pilot Project on CVE in the Sahel-Maghreb.

Tamara Neskovic is a Monitoring and Evaluation Analyst (Fellow) at UNICRI. She has honed her skills working for the European Commission and the Organisation for Security and Cooperation in Europe (OSCE) in Belgrade, Vienna and Warsaw. She has experience in all steps of the project management cycle: design, review, approval, management, administration, monitoring and evaluation. Her passion are logical frameworks.

Manuela Brunero works as Programme Officer in the Counter-Terrorism Unit at UNICRI, where she is responsible for developing and managing projects related to countering violent extremism, rehabilitation and reintegration of violent extremist offenders and rule of law-based approaches to counterterrorism. Before joining UNICRI, she has worked in the field of social and economic inclusion at UNDP in Albania and at ILO in Geneva. She holds a MA in International Relations and Human Rights.

11 No one is left behind in the fight of the EU against violent extremism1

by Deborah Phares

31st January 2019, at the European Parliament in Brussels, several officials, experts, researchers and journalists concerned with finding solutions to the rise of violent extremism in the Magh- reb and Sahel region gathered to share insights on a 5 million euros European Union (EU) funded programme implemented by UNICRI.

UNICRI, the United Nations Interregional Crime and Justice Research Institute, has created a huge and ambitious four-year pilot programme (2015-2019) on countering radicalisation and violent extremism in the regions of Maghreb and Sahel. The programme, being a success, has been extended to June 2020.

1 This article was published by EU Neighbours South

12 No one is left behind in the fight of the EU against violent extremism

With the support of the Euro- ety of on-the-ground projects cal administration, 5% minor- pean Commission (EC) and DG in carefully elected vulnerable ity groups, 3% tribal leaders, NEAR, forty-eight small grants parts of a selection of coun- 3% refugees and returnees and were carried out within the tries, in both the Maghreb and 3% former slaves. framework of the Pilot Project Sahel regions. In the Maghreb in the Maghreb region. region, Morocco, Algeria, Tu- Even though the EU-funded nisia and Libya were the cen- pilot programme has been ex- tre of attention. The P/CVE tended to 2020, the first phase Preventing and programme tailored itself to of the qualitative evaluation countering violent cultural contexts, with focused has been completed and a re- local interventions and a long- port on preliminary findings extremism term involvement with trusted has been issued. While the community actors. evaluation is still preliminary, As we all know, violent ex- it is vital and is already helping tremism is on the rise since the The complete structure of the UNICRI to identify good prac- Syria war and Daesh’s propa- project goes from studying the tices and formulate early con- ganda. It is generally referred actual context of each commu- clusions on what works and to as accepting the use of vio- nity, to piloting grass-root ini- what does not in making the lence in line with an ideological tiatives and then monitoring communities more resilient to commitment to achieve politi- their impact. The main objec- radicalisation and violent ex- cal, religious or social goals. It tive is to understand mecha- tremism. Outcomes will then is not just about embracing the nisms enhancing community be used to make future actions ideology but also acting upon it. resilience towards radical and even more impactful and ef- violent extremist tendencies. fective.

The complete Meanwhile, monthly newslet- structure of the No one is left behind ters reviewing key informa- project goes from tion and offering latest updates studying the actual In order to touch every vulner- with concrete examples of the able individual, diverse topics activities implemented on the context of each have been developed into real ground are being disseminated. community, to actions: from environment, art piloting grass-root and cultural activities, religious initiatives and then tolerance, women’s rights, de- Unemployment, monitoring their bate skills and critical thinking, lack of public impact to sports, media and radio, ad- services, access vocacy and leadership. to health care, The UNICRI programme on No one was left behind. The distrust towards preventing and countering vi- audience targeted was broad: the political olent extremism (P/CVE) un- 27% youth, 13% civil society establishment and derstood the complexity of the activists, 11% women, 11% jour- corruption are just a subject. With funds from the nalists, 11% imams and religious few of the problems EU, the answer to tackle the leaders, 8% of teachers in ko- being faced by them problem has been a wide vari- ranic and state schools, 6% lo-

13 F3 Magazine Planning resiliency: shaping the future

Far-reaching array of la Formation et l’Agriculture» dancer participated in one of the projects (CEFA); one in Tunisia: “Hope: biggest projects implemented Support for democratic citizen- by the COOPERA organisation Prolific initiatives by local or- ship through artistic innova- “Jovenes para la cooperacion ganisations were supported by tion” by Fanny Raghman Anni internacional al Desarrollo”. It UNICRI. The youth being the (FRA) one in Libya: “Active was an Interdisciplinary Mo- largest majority of the popu- Citizen” by H2O Association bile Cultural Activity (IMCA) lation in the Maghreb region, for supporting democratic tran- for youth vulnerable to socio- most of the actions were de- sition and youth engagement; economic exclusion and violent voted to them specially consid- and one regional one: “Media extremism, radicalization and ering the challenges they face. for Democracy in North Afri- terrorist recruitment. The activ- Unemployment, lack of public ca” by International Federation ities took place in the Tunisian services, access to health care, of Journalists (IFJ). mountains near the Algerian distrust towards the political border, an area sadly considered establishment and corruption as a smuggler and terrorists’ hot- are just a few of the problems Mazen Smeti spot, a kind of jihadist groups’ being faced by them. “informal headquarters.” “With our art, we were able Among the successful initia- to decorate institutes, rural Mazen discloses that he was tives let’s cite one in Moroc- schools and streets” engaged in two different “cul- co: the “Jeunes unis contre le tural caravans” organised by radicalisme” implemented by Twenty-one-year-old Mazen the project. “I was already prac- the «Comité Européen pour Smeti, a Tunisian passionate ticing dancing before the cara-

14 No one is left behind in the fight of the EU against violent extremism van and when I participated in in painting spaces in the cities The workshops were held in the event, I was able to devel- to give them a different image seven locations over thirty-six op my talent and technique in and a new look to encourage days and on eleven training dance. At the end, we were able opening youth perspectives. topics. From break-dance to to present a nice show.” Mazen adds that thanks to the mural painting, photography, caravan he made new friends hairdressing, henna tattoo, and that: “With our art, we were rosemary oil distilling and di- With this initiative, able to decorate institutes, ru- verse handicrafts, there was an the walls became ral schools and streets.” With interest for everyone. Not less bearers of the this initiative, the walls became than 608 youths, girls and boys young generation’s bearers of the young genera- participated in the workshops. tion’s voices. COOPERA en- voices couraged them by purchasing diverse painting materials. Omayma Derwichi Mazen did not just dance, he also embraced a new form of The project’s activities were di- A charismatic twenty-two- expression. “Besides, I learned verse. With the cooperation of year-old lady with a fashion something new and it is graf- local leaders and village chiefs, designer background, shared fiti. I liked it to the point that the caravan travelled to Kasser- joyfully her experience with when the cultural caravan was ine, Sousse, Tunis, Le Kef, Sbeit- us. She took part in one of the over, with a group of friends, la, Thala and Karouan, accompa- cultural caravans implemented we created “The Junks.”’ The nied by music performances and by the COOPERA organisation latter is a small group engaged conducting various workshops. and she says it was a beautiful

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experience, she enjoyed it a lot Omayma experienced coaching the new friends she made and and learned new things espe- in physical expression, an ap- maybe, who knows, build new cially in the field of dance and proach to movement for danc- projects for the future. theatre. ers and actors. The technique maximises body capacities for Talking about improving self-es- enhanced and more sophisti- teem and giving tools, hope and Talking about cated performances. Exercising a purpose in life, isn’t that the improving self- within a group has encouraged best way to fight extremism and esteem and giving her to surpass herself even violence? tools, hope and a though she is a medal winner. Actually, Omayma has won All and all, these EU-funded purpose in life, isn’t first place in basketball, foot- activities offered a listening that the best way to ball and gymnastics. Nonethe- ear, gave a push to participants fight extremism and less, this experience boosted to challenge themselves to be violence? her self-esteem and encour- creative and produce some- aged her to stay in contact with thing while being backed up

16 No one is left behind in the fight of the EU against violent extremism by a group of trustworthy peo- The best is yet to come fect, instruct others and so one. ple and being congratulated for By respecting the history, cul- the accomplished work. Having Experts say that disinformation, tural and religious traditions, the opportunity to be listened the desire for meaning and or- the local initiatives have boost- to, share personal experienc- der, and the need for change are ed social cohesion and inclu- es with others, and learn about the main reasons for religious sion, making the communities someone else’s life challenges extremism. Nonetheless, lack of more resilient to the spread of helps somehow find more in- culture, education and social in- violent extremist ideologies. ternal peace and harmony. clusion are as well fundamental The best is yet to come: the ap- motives. Over 80 civil society proach to the implementation organisations in the Sahel and of those small-scale interven- Experts say that Maghreb regions worked with tions is ultimately applicable to disinformation, the community groups on these as- other regions that are affected desire for meaning pects, trying to erase the sense by similar phenomena. and order, and the of victimhood and pushing for critical thinking, human rights, need for change are gender equality and artistic By respecting the the main reasons creation. history, cultural and for religious religious traditions, extremism This EU-funded regional pro- the local initiatives gramme is doing a lot of good to the communities. Amazing- have boosted social ly diverse and well thought it cohesion and educates a careful selection of inclusion youth that will, in a domino ef-

The Author

Deborah Phares: a many years of working as a university teacher, an artist and a creative director in the advertising field in Lebanon, she graduated with a second master in political communication and lobbying from the ULB university and has been the information and communication manager of the EU Neighbours South project. Based in Brussels, she is now pursuing her PhD on counter-discourses to islamist and jihadist online propaganda in English, French and Arabic.

17 Youth engagement and resilience against violent extremism in the Sahel

Organised by the International Centre for Counter-Terrorism (ICCT), the Global Center on Cooperative Security (Global Center), and the United Nations Interregional Crime and Justice Research Institute (UNICRI)

18 On the sidelines of the 74th session of UNGA, on 24 September 2019, UNICRI, the International Centre for Counter-Terrorism (ICCT) and the Global Center on Cooperative Security (the Global Centre) - in collaboration with the Danish Ministry of Foreign Affairs and the Per- manent Mission of Senegal to the United Nations - organised a panel on the critical role that youth play across the Sahel in preventing and countering violent extremism.

The event was organised to provide a platform for young leaders and their advocates to directly address policy makers, implementing partners, and do- nors on how to better support them in their efforts and to address persistent challenges and promising interventions.

The panel - comprised of Ra- hama Nantoumé, a young Ma- lian researcher and project manager at Think Peace Sahel; SIDE EVENT Yehiya Boré, a journalist and 74th session of the youth leader from Timbuktu, United Nations Mali; and Maji Peterx, a trau- General Assembly ma counsellor who works with (UNGA) youth in Nigeria for the Alter- natives to Violence Project - emphasised that youth are too often viewed as potential risks to national security rather than as vital partners in champion- ing alternatives to violence, In collaboration with the Ministry of Foreign building community resilience, Affairs of Denmark and developing strategic com- and the Permanent munications to counter violent Mission of Senegal to the United Nations extremism.

19 F3 Magazine Planning resiliency: shaping the future

The panelists called for youth to Coumba Gaye (First Counselor, Julie Pruzan-Jørgensen: “An ef- be recognised as key actors that Permanent Mission of the Re- fective approach requires even should be involved from the public of Senegal to the United closer partnerships with the outset in program design, im- Nations), expressed their con- countries in the Sahel as well as plementation, and evaluation. cern regarding the rapidly de- regional organisations” Furthermore, they stressed that teriorating security situation in engagement should reach be- the Sahel and the impact of the Coumba Gaye: “Young people yond urban youth to incorpo- spill-over effects on the larger should be at the forefront of this rate perspectives of young peo- West African region. They ad- fight” ple in more remote areas. vocated for strong partnerships and cooperation among international actors, including the Youth as the drivers of Key Takeaways Global Counter-Terrorism Fo- change rum’s Capacity-Building in the In their opening remarks, Am- West Africa Region Working The overwhelming majority of bassador Julie Pruzan-Jørgensen Group, as well as the promotion Sahelian youth have no interest (Special Envoy to the Sahel of youth as actors of change to in joining or engaging with ter- and Maghreb, Ministry of For- address the challenges faced by rorist or violent groups and do eign Affairs of Denmark) and Sahelian countries. not view themselves as ‘poten-

tial extremists.’ Instead, they jects, they should be engaged ing counterparts could repre- want to address the structural in the design, monitoring and sent a gateway to local commu- issues that often affect com- evaluation process. This re- nities and should be consulted munities in the Sahel such as quires their involvement from on how to best engage hard-to- scarce educational and employ- the very beginning of each in- reach groups. ment opportunities, the fragile itiative in order to incorporate security situation, and the lack their views and perspectives Yehiya Boré: “I hear everywhere of inclusivity at the govern- to better prioritize issues and that the Sahel is about terrorism, mental level. The international present tailor-made responses. radicalisation, and extremism… community should be careful The input from youth should that is not true. In the Sahel, you with the words used to label not be limited to identifica- find culture everywhere. People their programs and put youth tion of areas to be addressed, sing together, people dance to- at the centre of their actions. but should also concern the gether, people laugh together” Indeed, making youth resilient approaches and manners to ad- against terrorism and raising dress those issues. Youth should awareness on the narratives be engaged and recognized as Conclusions and recruitment techniques of pivotal partners in building re- terrorist groups should start silience and fostering more in- The Sahel region is primarily from a positive focus on youth clusive societies. home to thousands of youth as drivers of change. who work every day to build Maji Peterx: “Young people are a more peaceful society. The Rahama Nantoumé: “Youth are (portrayed as) the face of vio- international community can not the future; they are the pres- lent extremism… they are also facilitate this process by sup- ent, the future needs to be pre- the solution” porting them to unite against pared today” violent extremism, to weaken the appeal of terrorism, and to The need to reach be the drivers of change. Cul- The need to engage beyond urban youth ture, education, employment youth before, during and social networks should be The international communi- at the forefront of the strategy and after program ty tends to work with English to counter violent extremism. implementation and French-speaking, urban Cross-cultural youth dialogues elite youth who already have and initiatives can enable Youth should be involved in resources and leadership capa- young people to mobilize and every stage of programming. bilities. There is a distinct need effectively counter radicaliza- They should not solely be ben- to come up with strategies to tion, recruitment, and thus vi- eficiaries of programs and pro- reach beyond that group. Exist- olent extremism in the region.

21 How to train professionals for managing the contradictions of a multiethnic society?

by Loretta Fabbri and Claudio Melacarne

The society we live in is so diverse and mixed that we are no longer able to understand it only through traditional research perspectives. It is multiethnic and we often see that the stories shared in the public arena do not reflect what happens in everyday life.

People are living a fragmentation of cultures and traditions due to the contact between persons and groups who have different life perspectives, which generates a form of “situated translation” of principles, rules of conduct and socially acquired beliefs. For example, young people are learning from peer-mixing practices and lifestyles that often generate cultural confusion or estrangement from their parents or the community where they have grown up.

Therefore, the different contexts of modern life cannot be defined only as multiethnic or multicultural. It is not only a new conversational area, but a learning arena. To be able to understand why people close their minds from different points of view or develop violent

22 How to train professionals for managing the contradictions of a multiethnic society behaviors, we need to produce el of radicalization. In many more “situated knowledge”. cases we may need a deeper So, what knowledge How are students defining their level of enquiry to understand is useful for us identity at school or how are what those signs or symbols to manage these professionals developing infor- mean for the specific, local contexts and mal ways to work beyond cul- community. support inclusive tural, religious and ideological informal learning? perspectives? Multiethnic communities encourage the localization of broader processes of socializa- To understand the outcomes of To be able to tion. Let’s think about informal these processes, it is necessary understand why peer education at school. Stu- to be able to enter into the con- people close dents learn elements from very tradictions of everyday life and their minds from different cultures, sometimes grasp the meanings generated generating misalignments in by contingent situations. Some- different points of the families they belong to. times this is how we discover view or develop that some signs of belonging violent behaviors, are no evidences and testimo- we need to produce Traditional macro nies of a monolithic and some- more “situated categories are not times radical adherence to an knowledge” enough when we ideology, a culture or a religion. want to deeply The signs that were manifested and exhibited do not necessari- Traditional macro categories are understand the ly correspond to the meanings not enough when we want to possibility of attributed to them by society or deeply understand the possibility generating inclusive by communities. of generating inclusive commu- communities nities, when we want to manage Apparently, the distinctive trait contexts with a high multicultur- in terms of today’s life contexts al density and we try to prevent Another informal learning pro- is that people have greater mar- phenomena of radicalization. cess is created by the dialectical gins of freedom in regards to relationship between genera- the translation of the cultures Many phenomena are changing tions. People of different ages of belonging. So, what knowl- faster than our static model of create a proximal development edge is useful for us to man- interpretation in theory. There- area that does not depend on age these contexts and support fore, we need to engage the the multicultural density of the inclusive informal learning? knowledge generated through context but on different learn- How can we use this informal informal learning processes. ing experiences. What are the learning to generate the setting For example: we could use the perspectives of a young per- for emancipatory learning into signs of aesthetics - or the sym- son who has studied and lived, schools or workplaces? How do bols of a culture - to understand since childhood, in multicul- we train professionals to be- the levels of integration or ex- tural classes and an adult who come able to do this? clusion of a person or group in has experienced mono-cultural our community. Or we could walks of life? use them to understand the lev-

23 F3 Magazine Planning resiliency: shaping the future

Are we forgetting to solution or management of they had previously. Therefore, study everyday life? emerging problems in multi- it is difficult to balance cer- ethnic societies. tainty and proportionality of Despite the wealth of studies the sentence with effective re- on the theme of human rights, habilitative action. Moreover, on the creation of an inclusive The outcomes of professionals often use assess- society and on phenomena of these actions ended ment scales to try and define or radicalization, we cannot as- up “educating” understand the level of a pris- sume that we have generated prisoners to hide oner’s radicalization, usually all the knowledge useful for focusing only on religious rad- the signs used understanding and planning ac- icalization. After a few years, tions for contrasting opinions, to identify the the outcomes of these actions stereotypes and for the promo- affiliation to a ended up “educating” prisoners tion of dialogue between peo- group, ideology or to hide the signs used to iden- ples and cultures. religion tify the affiliation to a group, ideology or religion. Now, they Professionals can take advan- often exhibit neutral behav- tage of scientific knowledge Some examples taken from em- iors. Or, inversely, profession- and case studies that illustrate pirical research are symbolic. als are no longer able to read the reasons and causes of cer- There is a broad convergence the new signs of adherence to tain phenomena in detail. But, of studies showing that inmates, a path of thought radicalization. despite this, the application over the span of their deten- A similar outcome can occur of models and grids of analy- tion, develop even more radical in everyday life. What are the sis only partially facilitate the perspectives of thought than religious symbols, what are the

24 How to train professionals for managing the contradictions of a multiethnic society evidences that can be accepted implications, and complexity of rated a series of seminars that as certain elements to under- situations are not understanda- focused on leadership and man- stand the sense of belonging to ble by stoic knowledge. agement of contexts with high an ideology, to a tradition or to multicultural density, where a culture? primary attention was given to People generate methods of intervention that While it may seem like a par- a knowledge that were useful for preventing the adox, increasing the general is only partially phenomenon of radicalization. knowledge about something intercepted and This series of seminars was does not necessarily mean that part of F.O.R.w.A.R.D, an in- formalized in we are increasing the quality of ternational project funded by professional actions. scientific studies the Italian Ministry of Educa- tion, University and Research There is a risk that we end up (MIUR). During one of these adopting approaches that are only When different cultures, tra- seminars, a colleague reported diagnostic and oriented to devel- ditions or expectations are in the example of how a teach- op standards and general theory. concert, they produce learning er in North America had made We are losing the educational ap- phenomena that arises sponta- decisions guided by procedures proach, and above all we are miss- neously in everyday life or in rather than by understanding ing the opportunity of enhancing the workplace. People generate the situation. The teacher was what, even in an informal way, is a knowledge that is only par- certainly competent in her dis- happening in terms of inclusion tially intercepted and formal- cipline, she was much loved by and coexistence. ized in scientific studies. her students and she had studied a lot in regards to methods Professionals working in con- of radicalization prevention. Supporting professional texts with a high multicultural She never thought she would development to density often declare that there find herself in the following produce a “situated are no appropriate categories of professional situation. knowledge” analysis to resolve problematic situations, or they have not been Following the attack of No- The critical point in profession- suitably trained in a profession- vember 13th, 2015 at the Bata- al practices is that problems do al sense for these situations. Re- clan, she asked her students to not emerge to professionals as al-life is ways ahead of the cur- compose an essay on the tragic well-formulated structures. This rent status of research. The gap event. Her intent was to support element is further stressed by between theory and practice, reflections on the phenomenon multicultural professional prac- encourages professionals to use of terrorism in the classroom. tices. Problems tend to present standards, schedules and theo- She was expecting a unanimous themselves as chaotic, uncertain ries with no connections with condemnation of the attack. and undetermined. Those who the situations in which they op- are involved in professional erate. We are providing below At the time of the correction practices need to produce a “sit- an example where a profession- of the texts, she had to ac- uated” and unique knowledge al, a teacher, relied on proce- knowledge that a large part of because general criteria cannot dures uncritically. the students was reflecting on inform experts on the right de- the reasons for the violent act. cision to make. Conflicts of val- A few months ago at the Uni- Many students had written a ues, personal and organizational versity of Siena we inaugu- text where they explained their

25 F3 Magazine Planning resiliency: shaping the future surprise that there was still not understanding their need open environment for compar- someone ready to die for a po- for further discussion. After a ison and management of the litical ideal. Some students had few days, the news was on the complexities that are also re- framed the event in a more gen- local newspaper and the stu- flected in everyday life? How eral story, quoting the theme of dents had been labeled. A part can we train professionals to oppression of the poor people of the classroom came out of make them capable of manag- or the decline of the values this story with the idea that at ing the contradictions generat- as the main motivational fac- school, in that class, they could ed by multiculturalism without tor. The teacher found herself not be trusted nor could they generating further tears and in what is metaphorically de- argue. Some teachers inside the cultural divisions? scribed by Schön as “the swamp institute were implicitly led to of professional practice”. The take a position publicly. Ulti- teacher did not correct the pa- mately, we do not know wheth- The professionals as pers that expressed arguments, er that teacher had a preventive researchers. The case not condemnation. effect or fed further forms of at University of Siena radicalization, but her action certainly reflected many of the The gap between theories she had learned. The The project F.O.R.w.A.R.D, a theory and practice, teacher did not seek a compar- year-long experimentation con- encourages ison with colleagues or profes- ducted by the University of Siena professionals to use sionals to validate her didactic aims at developing methodolo- decision. She did not address gies to support inclusive societies standards, schedules the problem, which would have and prevent the radicalization and theories with been the best way to intervene processes. One action of this no connections with in that particular situation, but project is focused on develop- the situations in instead she used the procedures ing a training program for social which they operate. as the best way to take charge of educators. The core idea of this the problem. program is: an educator needs necessary multicultural skills to Worried of the contents of This experience shows that mange educational and learning these written tests, she left no sometimes, professionals adopt processes, one of these skills is scope for further reflection on perspectives with a limited the ability to produce “situated what those texts meant to some space for situational manage- knowledge”. Some of these skills of her students. This inevitably ment of the problem. The teach- could be useful in preventing implied a loss of trust, contact er used her representations and and understanding the phenom- and relationships within the scientific knowledge, believing enon of radicalization in its vari- class. Parents were obviously that she could not do otherwise, ous forms: religious, political and involved and monitoring pro- because she had been taught to cultural. The objective of this cedures were activated. The manage the problem this way. action is to support future edu- first effect on the class was cators in learning cultural skills the generation of distance and So, how can we keep contact and functional methodological distrust. Some of the students with adolescents who express devices to respond to the chal- felt attacked and blamed the clear positions that are in con- lenges of multiethnic environ- teacher for not being able to trast with the values shared by ments. The idea is not to build an handle the situation, for mis- their socio-cultural context? ad-hoc degree course to train ex- representing the texts and for How can the school remain an perts in de-radicalization, but to

26 How to train professionals for managing the contradictions of a multiethnic society make educators able to manage ology of migration, Philosophi- tions that we analyzed in every- the complexity of multicultural cal practices for the prevention day life. We created a mixed practices. of new radicalisms, Psychol- community composed of aca- ogy of multicultural process- demics, professionals and stu- es, European immigration law, dents where we could study the An educator Trans-cultural pedagogy, Phi- inclusion process generated by needs necessary losophy of intercultural educa- informal learning. Sometimes multicultural tion, and Intervention method- we found stories of micro-radi- skills to mange ologies and tools for inclusion calization in daily life. in jail, in institutional settings educational and and related welfare services. Ultimately, the initial question learning processes, addressed by this article came one of these skills Currently, in the first year of up while facing a case study is the ability to experimentation, about 25 stu- about a youth who was showing produce “situated dents have enrolled in these the initial signs of a radicaliza- knowledge” courses, a portion of which are tion process. We knew the cul- from other countries. Some stu- tural origin of this young man dents have been involved in re- and we knew about his com- Following this hypothesis, we search on the territory, aimed at munity. We also had a scale of have included optional teaching producing data on the phenome- the classification of radicaliza- modules within the three-year na of “micro-radicalization”. In tion processes to use, we must degree in Education Scienc- some cases active development therefore ask: how could we act es at the University of Siena: methodologies have been used in terms of real professional Pedagogy of de-radicalization, to support the critical analysis practices where the first objec- Psychology of radicalism, Soci- of the most contradictory situa- tive is not to generate further

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fractures between people and from the stage of radical thought generate new forms of stereo- communities? We have been to that of transforming this types and misunderstandings. challenged as researchers. How thought into violent actions? The informal learning generat- can we reconcile the need to ed within families, workplac- remain adherent to our insti- We need to stick with mean- es, communities could be the tutional mandate and not lose ings and actions made by peo- new opponent while working contact, relationships and trust ple in everyday life because towards a more inclusive and with people who risk moving the general categories risk to open society.

The Authors

Loretta Fabbri, Ph.D, is Full professor of Didactics and Transformative Methodologies and Vice-head of the Department of Education, Human Sciences and Intercultural Communication, and delegate of the Rector for the soft-skills programs within the Teaching & Learning Center at the University of Siena. Her research is focused on Theory and Methods of Transformative Learning, Community of Practices and post-qualitative research. She is co-founder of the Italian Transformative Learning Network and works with private and public institutions for continuing education programs.

Claudio Melacarne, Ph.D, is Associate Professor of Social Pedagogy at University of Siena. He is interested in studying professional development processes in organizations using educational and training research methodologies. He is Codirector of the international journal Educational Reflective Practices. He works as a consultant in public and private companies. He currently teaches Foundation of Social Pedagogy and Method- ologies of Educational Research and Training. He is the coordinator of the Educational Sciences and Organi- zational Consulting program (MSc) at the University of Siena.

28 MASTER OF LAWS IN TRANSNATIONAL CRIME AND JUSTICE

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Who is susceptible to the call of political violence? A study of differential susceptibility and situational resistance to exposure to online violent extremism

by Lieven J.R. Pauwels and Wim Hardyns (Ghent University)

Infocus

Exposure to violent lent extremism. In criminology, The study of politically mo- extremism the idea of differential suscepti- tivated violent crimes is in- bility is acknowledged in differ- terdisciplinary and has a long One hotly debated issue in con- ent frameworks (see Wikström tradition in political sciences temporary research on polit- & Bouhana, 2016). The issue of (for overviews see Koehler, ically and/or religiously mo- differential susceptibility has a 2017), criminology (e.g. La- tivated violence is the issue long tradition in developmental Free & Freilich, 2017) and psy- of ‘differential susceptibility’ and social psychology. chology (e.g. Bandura, 1990; versus ‘situational resistance of Borum, 2004; Davis & Cragin, exposure to extremism’, both in 2009). Contemporary scholars real life and through social me- Individuals who of political/religious violence dia.1,2 The basic idea is that indi- are susceptible discuss the importance of ex- viduals who are susceptible will will be influenced posure to extremist content be influenced differentially to differentially to online (e.g. using social media). commit politically or religious- Akin to the heated debate on ly motivated violence, depend- commit politically the relation between exposure ing on their level of exposure to or religiously to aggression in playing (video) extremist content. Situationally motivated violence, games and aggressive behavior, immune individuals are suffi- depending on their the discussion on the impact of ciently protected against nega- level of exposure to exposure to online extremist tive influences such as exposure extremist content content takes different forms. to extremist content via social Several learning theories are media or online exposure to vio- often used to explain the ef-

1 This article is a summary of our study that is published in the thematic issue “Developmental Pathways Towards Violent Left-, Right-Wing, Islamist Extremism and Radicalization” of the International Journal of Developmental Science. For the full-text of our study, see: Pauwels, L. & Hardyns, W. (2018). Endorsement of extremism, exposure to extremism via social media and self-reported political/religious aggression. International Journal of Developmental Science, 12, 51–69. https://content.iospress.com/articles/international-journal-of-developmental-science/dev170229 2 We would like to thank Belgian Science Policy (BSP) and the Belgian Ministry of the Interior (IBZ), who co-financed this research project to get insight in the relationship between exposure to extremist content and politically/religiously motivated aggression. A first research report was published as (Pauwels et al., 2014). We have complied with Helsinki Ethical Declaration in the treatment of our data.

32 Who is susceptible to the call of political violence? fects of exposure to aggression. non of crime3 and to connect norms. Most scholars in the One of the first influential with the social-psychological ‘political violence and illegal models was the Social–Cogni- research tradition focusing on political protest’ research tra- tive Model of Albert Bandura, aggression, namely political dition as well as scholars in who also stressed the impor- aggression (Allen & Anderson, the ‘violent extremism’ and tance of attitudes and extrem- 2017). After all it is aggression, ‘terrorism’ literature seem to ist beliefs on the commitment and the most severe forms of, agree on the fact that the inter- of atrocities like acts of ter- namely seriously violent acts net and social media can func- rorism (Bandura, 1990). Some which affect our (biased) per- tion as an echo room and that scholars hypothesize that there ceptions of fear of crime. social media and the internet is a strong causal relationship play an important role in re- between an individual’s expo- cruiting members of extremist sure to extremist content and The internet and groups (Amble, 2012; Awan, the individual committing po- social media can Hoskins, & O’Loughlin, 2011; litical/religious violent crimes function as an Klausen, 2015; Roversi, 2008).4 (Akers & Silverman, 2004), echo room and that Much of the debate is how- while other scholars argue ever not based on large-scale that online exposure is a mat- social media and empirical studies but either ter of selection effects (King the internet play an on in-depth analyses of narra- & Taylor, 2011; Klausen, 2015). important role in tives of terrorists (Moghadd- Selection effects occur when recruiting members am, 2006; Speckhard, 2012) people self-select (or choose) of extremist groups and case studies of suicide to build their own niches. Few bombers (e.g. Pape, 2005). We studies have examined interac- encourage these kinds of in- tion (i.e. amplification) effects Aggression and violence are depth studies as they provide as a viable explanation for the often used synonymously in very valuable information on moderate-sized main effects the fields of political science terrorists’ motives and help to of measures of exposure to ex- and criminology, but in social reconstruct the life histories tremist content through social psychology, violence refers to of these individuals. However, media and self-reported acts the most serious acts of aggres- large scale studies in gener- of crime, committed to obtain- sion, i.e. behavior intended to al populations are somewhat ing political or religious goals cause harm (whether or not at- lacking, although both quanti- (Schils & Pauwels, 2016). As tempted or succeeded). Inten- tative and qualitative studies of crime is a legal construct (i.e. a tionality, harm and the avoid- political aggression are needed summary of what is prohibited ance of harm by the target are to enhance our understanding by law in a given jurisdiction what distinguishes aggression of the mechanisms that affect in a certain time window), we from other behaviors that may the commitment of politically have decided not to focus on be antisocial or may involve violent acts. this heterogeneous phenome- the breaking of conventional

3 Leading contemporary criminologists argue that the study of causes of crime is hampered by the heterogeneity of definitions, and suggest as a solution to this problem that it is more worthwhile to try to explain why people break rules, stated in law, knowing the sanction is possible. The rule-breaking element is what all crimes have in common, according to some criminological research traditions (Wikström & Bouhana, 2017). Definitional problems have challenged criminology for a long time (Agnew, 2011). 4 In this contribution we do not pay attention in separate paragraphs to the problems of defining violent extremism and terrorism, as a myriad of definitions exist. Radicalization is a complex process of incrementally experienced commitment to extremist political or religious ideology. For an overview of definitions of radicalization processes we refer to Horgan (2005) and Koehler (2017). For an overview of the relationships between extremism and terrorism we refer to Schmid (2011).

33 Infocus

A large-scale web survey of young adults in Belgium Recently, we studied the interaction between specific measures of endorsement of extremism (e.g. endorsement of religious, left-wing or far-right extremism), thrill-seeking, and active online exposure to extremism via social media with regard to the explanation of politically and/or religiously motivated aggression (see also Schils & Pauwels, 2016; Pauwels & Schils, 2016). While the relationship between exposure to crime- prone contexts and aggression has been studied widely, no previous study has explicitly demonstrated the conditional effects of these factors in a survey of young adults and with regard to political aggression. Our study is inspired by the General Aggression Model, a well-established theory of aggression and the Situational Action Theory, a recently developed theory of crime causation. The unique contribution of our study is that it is based on distinctive measures of endorsement for extremism (left-wing nationalist/ separatist and religious extremism) and that it focuses on the differential effect of exposure to extremist content online. We made use of a large-scale web survey of young adults in Bel- gium where 6,020 respondents completed the online question- naire. The mean age (range, 15- 31 years) was 20.19 years, and

34 Who is susceptible to the call of political violence?

35.3% of the sample were males. ship between endorsement for These findings are rather sta- The results support an amplifi- religious extremism, political ble across extremism-specific cation effect: endorsement of aggression and thrill-seeking. measures of endorsement of extremism is related to self-re- extremism. This study adds to ported political aggression but the growing body of literature its effect increases by levels of The unique demonstrating a statistical in- active social media exposure. contribution of our teraction between the endorse- The results additionally showed study is that it is ment of extremism and the that (1) there is no relationship based on distinctive online exposure to its narra- between endorsement of left- tive. The relationship between wing, right-wing and religious measures of exposure to extremist content extremism in individuals scor- endorsement for and self-reported aggression ing low on thrill-seeking, (2) extremism (left- remains however controver- there is a moderate relationship wing nationalist/ sial, not only from theoretical positive between endorsement separatist and empirical perspectives but of left-wing, right-wing and re- and religious also from a policy perspective. ligious extremism in individuals extremism) and that We are limited in deepening scoring averaged on thrill-seek- this discussion here but we can it focuses on the ing, (3) there is a strong positive refer to the debates regarding relationship positive between differential effect the effect(s) of exposure to endorsement of left-wing, right- of exposure to violent video games. In short, wing and religious extremism extremist content such studies have shown mixed in individuals scoring high on online results, and those studies that thrill-seeking. We illustrate do show significant effects of these findings for the relation- exposure reveal small statisti-

35 Infocus cal effects. This study shares a should cover the course of an similarity with the more con- individual’s life. Sometimes in- Sometimes ventional studies of exposure to dividuals radicalize much later individuals criminogenic ‘violent’ contexts. in life and some have a history radicalize much We studied the effect of expo- of deviance. However, some- later in life and sure to extremism, albeit from a times adults radicalize without some have a history completely different angle con- any developmental history of of deviance sisting of exposure to extrem- externalizing behavior. If we ist content (online). The basic really want to take develop- idea was to discover similarities mental tests of the processes Future studies should try to im- or differences in the processes of radicalization (and disen- prove sound integrative theo- leading to the act of political vi- gagement) seriously, panel data ries analyzing all mechanisms olence. Our study contributes to can be of high value. Young involved in the explanation of the literature by showing that adolescents and even children political aggression as well as exposure to extremist content is have been drawn to areas of the processes that lead to the not related to political violence conflict because of a fast pro- development of endorsement when individuals are sufficient- cess of radicalization, thus, we of extremism. They should ly protected by both their morals need to increase our under- also address the factors lead- and their level of thrill-seeking. standing of the differential sus- ing to exposure to extremist But when self-control decreas- ceptibility of several age groups content, which is likely caused es, the effect of exposure to ex- to different kinds of exposure. by a combination of social in- tremist content on the relation The power of radical messages fluence (peer influence of between endorsement of right- online and offline and the pow- members of extremist groups), wing, left-wing or religious vi- erful discourses brought about social selection (i.e. urban seg- olent extremism and political by recruiters should neither regation, which causes recruit- violence becomes stronger. be overestimated or underes- ers to target some areas more timated. Small effect sizes in than others), and self-selection studies often lead to underesti- (i.e. processes of perception Key questions and mating, but we argue that over- and choice, caused by a sense future studies all small effect sizes are related of belonging or similar human to differential susceptibility. motives). In other words, it is of There are several key questions Different age groups represent major importance in terms of that remain under-researched different phases in the life- theory and policy to disentan- thereby deserving further in- course and thrill-seeking is es- gle the so-called ‘causes of the quiry. They are (1) how do pecially higher in adolescents causes’ of political aggression individuals acquire their en- than in older populations. This to further enhance our under- dorsement to extremism?, suggests a plausible explanation standing of how grievances and (2) how stable are these atti- for the vulnerability of adoles- weak social integration gives tudes through the life course?, cents. However, what makes rise to political powerlessness, and (3) how stable are these in- adults suddenly develop atti- alienation from wider society teractive patterns across differ- tudes favorable to extremism? and the development of en- ent phases of development? We And how is the process of dis- dorsements of nationalist-sep- have studied a large sample of engagement, i.e. the process of aratist, religious or left-wing young adults, but the research desistance brought about? extremism. While these atti-

36 Who is susceptible to the call of political violence?

tudes and beliefs are different, elements of cognitive neuro- ing direct and situational caus- the interactive processes that sciences, cognitive psychology es of violent extremism. Our produce political aggression, as (beliefs), sociology and geog- personal experience is that this an outcome, seem to be high- raphy (exposure to settings). kind of theoretical integration ly similar. There is an urgent Some disciplines will be more will require scholars to learn need to develop a critical test useful in explaining some of each other’s language, but once of propositions derived from the ’causes of the causes’ of vi- this barrier has been overcome, truly interdisciplinary integra- olent extremism, while others challenging new research strat- tive theories that incorporate will be more useful in explain- egies can be facilitated.

37 Infocus

Policy implications is sometimes very provocative avoid further escalation. Gov- for the prevention of and tempting which, triggers ernments should support the political aggression an emotional reaction and af- removal of extremist content fects attitudes, as well as norms on mainstream social media What do these results suggest (Ramsay, 2013; Roversi, 2008). and fora. with regard to the prevention Some virtual settings give very of online radicalization into easy access to extremist content extremism? This study sug- and pose a dangerously real po- This study suggests gests that exposure to extrem- tential for further recruitment that exposure to ist content strongly triggers into extremist groups or for extremist content the endorsement of extrem- preparing attacks in the form strongly triggers ism for individuals, while the of ‘home-grown violent radi- magnitude of the effect of ex- calization.’ Although extrem- the endorsement posure to extremist content on ists might be trying to spread of extremism for self-reported political violence hate and induce polarization individuals is further amplified by levels of in mainstream virtual settings thrill-seeking. This means that (such as chat rooms and web of primary concern are com- fora for a general audience), Adolescents in an early stage plex interactions between indi- these mainstream settings are of radicalization may also vis- vidual and circumstantial char- not extremist in nature. While it websites or YouTube chan- acteristics. Websites and social closing down these general fora nels containing explicitly media platforms visited by is not very effective in the pre- extreme content or join ex- adolescents differ in nature as vention of violent extremism, tremist groups on social media well as in persuasiveness of ex- extremist content which is po- in search of plain answers to tremist content. Their content larizing should be removed to complex problems related to

38 Who is susceptible to the call of political violence? social identity, (perceived) in- offline sources from recruit- tives are a better way of dealing justice, and so on. Closing down ers, and (3) who target the most with the prevention of violent hard-core extremist websites vulnerable individuals. extremism: The focus should is necessary for governments move from counter-narratives to give a clear signal that it is to alternative narratives which intolerant of the intolerable. Governments should provide strong and positive ar- However, these measures will guments (Weilnböck, 2013). The never be effective when they support the removal effect of such measures depends stand by themselves. Situa- of extremist content on the number of individual tional prevention of political on mainstream characteristics. Individuals with aggression, violence or ‘violent social media and fora low levels of thrill-seeking may extremism’, which is today’s be sufficiently protected against buzz-word in policy circles, the effect of endorsement of should always be considered Furthermore, there has been a extremist ideologies, exposure in close relation to social pre- lot of talk about the use of coun- to extremist content and their vention. The main question ter narratives for the prevention interaction on political aggres- remains which concerns why of online radicalization (see also sion. Individuals who have very individuals become who they Leuprecht, Hataley, Moskalen- low scores on the thrill-seek- are, i.e. (1) why they develop a ko, & McCauley, 2010). We hold ing measurement caliber may justification for the use of vio- that the role of counter-nar- be more easily convinced by lence to obtain political goals, ratives should not be overesti- being provided information on (2) why they lost their social mated. Some scholars have ar- the unintended consequences ties to society and became in- gued that the use of the concept of making wrong choices, i.e. creasingly susceptible to ex- ‘counter-narratives’ is not use- through identifying the results tremist content via online and ful and that alternative narra- of a Benefit-Cost analysis of

39 Infocus political aggression. Individuals real-life circumstantial char- behaving violently may have who score high on thrill-seeking acteristics are not addressed provided rewards to the actor measurement caliber experience simultaneously. The preven- as a means to solve problems an amplification effect: In this tion of endorsing extremism, encountered in life, or because group, the effect of endorsing be it on the left-wing, right- they have been raised in dis- extremism is triggered by levels wing or religious wing, will be advantageous ecological con- of exposure. Thrill-seeking pulls easier to facilitate by devel- texts. Here, social prevention is some individuals towards ex- oping interventions that reor- important and this prevention tremist groups. ient moral endorsement (e.g. can be achieved by removing through education and cogni- at-risk individuals from cer- tive behavioral therapy) and tain ecological contexts where The focus should cognitive nurturing (e.g. learn- they are repeatedly provoked move from ing to overcome proneness to or tempted. It is important that counter-narratives thrill-seeking), akin to that in the prevention of political ag- to alternative developmental crime preven- gression has a profound knowl- tion. In this study we have not edge-base and that it takes an narratives which addressed the problem of the analytical approach to prevent provide strong and causes of the causes, i.e. why problems of the day being from positive arguments and how (events and processes) being solved with ‘measures of some individuals develop their the day’ (Wikström & Treiber, grievances. However, several 2016). We hope that this study, Consequently, these highly empirical studies have pointed which demonstrates the com- susceptible individuals may be to the role of grievances, group plexity of political aggression, especially difficult to convince processes and alienation (e.g. may set a paradigm for inter- to abide by the law with (on- Doosje et al., 2013). ventions by analytically look- line or offline) rational narra- ing at the problem of political tives alone. Online narratives Some individuals may engage in aggression. will have lesser impact if the aggression habitually because

The Authors Lieven J.R. Pauwels is a professor of criminology at the Department of Criminology, Criminal Law and So- cial Law at Ghent University, Belgium. He is Director of the Institute of International Research on Criminal Policy (IRCP). He is interested in a developmental-ecological approach to juvenile delinquency, violent extremism, and knowledge-based (crime) prevention.

Wim Hardyns is a professor of criminology at the Department of Criminology, Criminal Law and Social Law at Ghent University, Belgium. He is a member of the Institute of International Research on Criminal Policy (IRCP). His current interests are crime mapping and statistics, environmental criminology, crime prevention, new security technologies, big data, radicalization, and terrorism.

40 Who is susceptible to the call of political violence?

References Akers, R. L., & Silverman, A. (2004). Klausen, J. (2015). Tweeting the Jihad: So- Roversi, A. (2008). Hate on the net: Toward a social learning model of cial media networks of Western for- Extremist sites, neo-fascism on-line, violence and terrorism. In M.A. Zahn, eign fighters in Syria and Iraq. Studies electronic Jihad. Hampshire: Ashgate. H.H. Brownstein, & S.L. Jackson in Conflict & Terrorism, 38, 1-22. Schils, N., & Pauwels, L. (2016). Political/ (Eds), Violence: From theory to Koehler, D. (2017). Understanding religious violence and the mediating research (pp.19-30). London: Matthew Deradicalization: Methods, tools role of extremist propensities. Testing Bender/LexisNexis. and programs for countering violent a theoretical elaboration of situational Allen, J. J., & Anderson, C. A. (2017). extremism. London: Routledge. action theory. Journal of Strategic Aggression and violence: Definitions LaFree, G., & Freilich, J. D. (Eds.). Security 9, 70-91 and distinctions. In P. Sturmey (Ed.), (2017). The Handbook of the Crim- Schmid, A. P. (Ed.). (2011). The Routledge The Wiley Handbook of Aggression inology of Terrorism. Sussex (UK): handbook of terrorism research. New and Violence. Wiley Blackwell. York: Taylor & Francis. Amble, J. C. (2012). Combating terror- Leuprecht, C., Hataley, T., Moskalenko, Speckhard, A. (2012). Talking to Terror- ism in the new media environment. S., & McCauley, C. (2010). Containing ists. Understanding the Psycho-Social Studies in Conflict & Terrorism, 35, the narrative: Strategy and tactics Motivations of Militant Jihadi Ter- 339-353. in countering the storyline of global rorists, Mass Hostage Takers, Suicide Bandura, A. (1990). Mechanisms of moral jihad. Journal of Policing, Intelligence Bombers &’ Martyrs’. McLean (VA): disengagement in terrorism. In W. and Counter Terrorism, 5, 42-57. DOI: Advances Press. Reich (Ed.) Origins of terrorism: Psy- 10.1080/18335300.2010.9686940 Weilnböck, H. (2013). Das narrative Prin- chologies, ideologies, states of mind Moghaddam, F. M. (2006). From the zip: Good Practice-Interventionen im (Pp161-191). Cambridge: Cambridge terrorists' point of view: What they Kontext des Radicalisation Awareness University Press. experience and why they come to de- Network (RAN). In R. Melzer, & S. Borum, R. (2004). Psychology of ter- stroy. Westport, CT : Praeger Security Serafin (Eds), Rechtsextremismus in rorism. Tampa: University of South International. Europa Länderanalysen, Gegenstrate- Florida. Pape, R. A. (2005). Dying to win: Why gien und arbeitsmarktorientierte Aus- Davis, P. K., & Cragin, K. (Eds) (2009). So- suicide terrorists do it. Gibson Square. stiegsarbeit (pp. 397-428). Frankfurt am Main: Zarbock GmbH & Co. cial science for counterterrorism: Pauwels, L., Brion, F., Schils, N., Lafin- Putting the pieces together. Santa neur, J., Verhage, A., De Ruyver, B., Wikström, P.-O. H., & Bouhana, N. Monica: Rand Corporation. DOI: Easton, M. (2014). Explaining and (2017). Analyzing radicalization and 10.7249/MG849 Understanding the Role of Exposure terrorism: A situational action theory. Doosje, B., Loseman, A., & Bos, K. (2013). to New Social Media on Violent Ex- In Lafree, G. & Freilich, J. (Eds.) Determinants of radicalization of tremism —An Integrative Quantitative The handbook of the criminology of Islamic youth in the Netherlands: Per- and Qualitative Approach—, Gent: terrorism (pp175-186). Sussex (UK): sonal uncertainty, perceived injustice, Academia Press Wiley Blackwell and perceived group threat. Journal of Pauwels, L., & Schils, N. (2016). Differ- Wikström, P.-O., & Treiber, H. (2016). Social Issues, 69, 586-604. ential Online Exposure to Radical Beyond risk factors: An analytical Horgan, J. (2005). The psychology of Content and Political Violence: approach to crime prevention. In: terrorism. New York: Routledge. Testing the Relative Strength of Social Teasdale, B., Bradley, M.S. Prevent- Learning and Competing Perspectives, ing Crime and Violence. Advances in King, M., & Taylor, D. M. (2011). The prevention science (pp 73-87), Cham radicalization of homegrown jihadists: Terrorism and Political Violence, 28, 1-29. (Switzerland): Springer International A review of theoretical models Publishing. and social psychological evidence. Ramsay, G. (2013). Jihadi Culture on the Terrorism and Political Violence, 23, World Wide Web. New York: Blooms- 602-622. bury Publishing.

41 This section of Freedom From Fear includes the opinions and analyses of young people. Young people represent the most valuable capital countries have. Their opinions have to be heard and considered while designing and planning new strategies to build better societies.

by Barbara Stadlbauer

The phenomenon of foreign terrorist fighters (FTFs) is a matter of great concern for the international community. Newspapers and media are full of stories pertaining to the radicalization of young people who left their country of origin to engage in violent extremism in other countries.

Foreign terrorist fighters are defined as “individuals who travel to a State other than their State of residence or nationality for the purpose of the perpetration, planning or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, including in connection with armed conflict.”1

1 https://undocs.org/S/RES/2178(2014)

42 The phenomenon of returning foreign terrorist fighters and its challenges

According to the Security uation is a major challenge for foreign terrorist fighters rep- Council, over 30,000 FTFs many countries. While foreign resents for the international from over 100 Member States terrorist fighters are a serious community (countries of or- were attracted by terrorist or- problem in the countries to igin as well as transit and des- ganizations such as Al-Qaida, which they travel, they arguably tination countries), brought the Islamic State in Iraq and pose a greater risk when they together a list of good practices the Levant (ISIL, also known are in their home countries. that should help States to better as Da’esh). “Because the relat- Some countries remain more handle the risks they are facing. ed challenges are by their na- vulnerable to this phenomenon These good practices are meant ture international, the Council than others, but overall it is an to provide guidance and support has called on Member States international problem that re- to States by helping to adapt the to enhance their international quires new approaches. required and improved legisla- cooperation in preventing their tion. The challenge that exists travel. Attempts to combat the In 2014, the United Nations Se- regarding returning foreign threat through a purely domes- curity Council passed resolu- fighters involves important tic approach will not work.”2 tion 2178 to address the threat considerations: should these posed by foreign terrorist people be treated as victims fighters. It called on Member that are to be reintegrated into Some countries States to adopt legislation that society or as criminals to be put remain more prevents the transit of FTFs. on trial? How can they estab- vulnerable to this Recalling this resolution, the lish the truth about the atroci- phenomenon than Council further passed reso- ties that foreign terrorist fight- lution 2396 at the end of 2017 ers may have committed and others, but overall it and urged the strengthening of support the global fight against is an international measures to counter the threats impunity? problem that posed by returning foreign ter- requires new rorist fighters. The main con- approaches cern was that the intention of Should these returning terrorist fighters was people be treated not to rehabilitate themselves, as victims that are It is difficult to estimate the but to foster radicalization. In to be reintegrated number of FTFs killed, as well many cases, their return yield- as the number of those who ed new threats and gained into society or as have returned to their countries skills, but also traumas. Many criminals to be put of origin or have relocated to of the returning fighters were on trial? third countries.3 The reasons for trained to carry out attacks in the return of FTFs to their home their countries of origin and countries vary: it can be due to therefore pose a serious threat In the process of seeking jus- disillusionment, remorse, cap- to the community. tice and fighting impunity, the ture or simply the unfulfilled international community has a dream of receiving benefits The Hague-Marrakech Memo- responsibility to ensure coop- which were promised during randum, recognizing the major eration and, more importantly, radicalization. Handling this sit- challenge the phenomenon of to challenge incorrect preju-

2 https://www.un.org/sc/ctc/focus-areas/foreign-terrorist-fighters/ 3 https://www.un.org/sc/ctc/wp-content/uploads/2018/04/CTED-Trends-Report-March-2018.pdf

43 © Photo by Elizabeth Fitt/IRIN via The New Humanitarian dices in order to prevent po- criminal justice. This approach son, effectively placing an even larization of opinions between chooses to conduct rehabilita- greater burden on the affected States. What approach is best tion during time served in pris- countries. It includes mental in striking a balance between on. Of course, this requires the support for the returning fight- the need to seek justice and the prison and its staff to be special- ers – many of whom suffer from need to rehabilitate in order ly trained and equipped with the post-traumatic mental diseases to avoid stigmatization (which skills necessary to eliminate the – and support for their families, provides further fuel for radi- risk of relapse. which is one aspect that seems calization)? to be forgotten quite often in the The liberal approach prioritizes discourse. The families of re- The legal status of foreign ter- rehabilitation and reintegration, turning foreign fighters pose an rorist fighters varies according focusing more on the ordeal especially sensitive challenge to to the domestic legal system that foreign terrorist fighters countries. Global expertise on but overall seems to be rather might have gone through. Also, working with children associat- unclear. The approaches that returning fighters who have al- ed with foreign terrorist fighters States have taken to address the ready served jail sentences or or children who are born into a return of foreign fighters have have not been found guilty of family of foreign terrorist fight- up to now been rather stringent any charges must somehow be ers is still very limited. Despite at both the liberal and conserv- rehabilitated and reintegrated. this, it should be a priority for ative ends of the spectrum. This helps to prevent them from institutions to work with chil- spreading further radicalization dren so that radicalization can The conservative way of deal- or re-succumbing to extremism, still be prevented. To imple- ing with returning foreign fight- thereby harming national and ment this approach, States will ers includes the criminalization international communities. The have to guarantee that they pos- of acts committed abroad in the process of reintegration and re- sess the necessary prerequisites context of “foreign fighting” and habilitation is very individual for these institutions to be put in follows conservative ideas of and varies from person to per- place.

44 The phenomenon of returning foreign terrorist fighters and its challenges

of fraud, of deception, of the di wives. Their age makes them The legal status of abuse of power or of a position vulnerable to exploitation. This, foreign terrorist of vulnerability or of the giv- of course, influences the way fighters varies ing or receiving of payments or domestic law must regard the according to the benefits to achieve the consent actions taken by these young domestic legal of a person having control over foreign terrorist fighters. The system but overall another person, for the purpose consent of the victim is irrele- seems to be rather of exploitation.”4 By kidnap- vant if achieved by fraud or co- unclear ping and brainwashing young ercion. If the consent is given women and young men who are by a minor, it is also considered sometimes not even 18 years of invalid. Therefore, once they Another approach that States age, the Islamic State effective- return home, they require spe- take is the view that foreign ter- ly takes advantage of them. The cial attention regarding their re- rorist fighters are “victims of meeting of the required facets integration as well as their legal human trafficking”. The Unit- of deception, transport and ex- responsibility needing to to be ed Nations Protocol to Prevent, ploitation, or in some of the cas- guaranteed. Suppress, and Punish Traf- es of young women travelling ficking in Persons, especially to Syria or Iraq for the purpose “Returning foreign terrorist Women and Children, defines of joining the Islamic State can fighters pose an enormous chal- trafficking in persons as “the surely amount to human traf- lenge with no easy solution,” recruitment, transportation, ficking. A typical situation by Vladimir Ivanovich Voronk- transfer, harbouring or receipt which terrorist organizations ov, Under-Secretary-General of persons, by means of the gain the consent of these young of the United Nations Coun- threat or use of force or other women is entrapping them ter-Terrorism Office, stated in forms of coercion, of abduction, with the promise of being jiha- November 2017. “This is a truly

4 https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf

45 © Photo by UN Photo/Mark Garten global challenge that demands their home countries to illegally holistic approach on countering an urgent and concerted multi- smuggle themselves back in. terrorism in general. Recalling lateral response.”5 In any case, and reaffirming earlier resolu- the thing that is needed the most tions, it states that “… terrorism but at the same time presents The consent of the in all forms and manifestations one of the greatest challenges, victim is irrelevant constitutes one of the most se- is international cooperation. IN- if achieved by fraud rious threats to international TERPOL holds a database that or coercion peace and security and that any is meant to support countries acts of terrorism are criminal in identifying those who are and unjustifiable regardless of considered “returning terrorist The affected countries are in their motivations, whenever fighters.” Border control is more serious need of international and by whomsoever commit- crucial than ever because of an- support. Besides cooperation in ted, and [that we remain] de- other problem which concerns border control, this includes the termined to contribute further how returning terrorist fighters general improvement of trans- to enhancing the effectiveness might use the refugee system of national data exchange. Resolu- of the overall effort to fight this tion 2178 also called for a more scourge on a global level.”6

The Author

Barbara Stadlbauer. Having grown up in Germany, Austria and the United States, she studied Law in Vienna and Transnational Crime and Justice in Turin. After graduation from the LL.M. programme she moved to Tu- nisia, where she is currently working in the development of the educational sector.

5 https://www.un.org/counterterrorism/ctitf/sites/www.un.org.counterterrorism.ctitf/files/20171128USGVoronkov_statement_ SCFTFbriefing_Asdelivered.pdf 6 https://undocs.org/S/RES/2178(2014)

46 PUBLICATIONS Enhancing knowledge and raising awareness to find innovative solutions and drive change

Strengthening efforts to prevent and counter violent extremism: Good practices and lessons learned for a comprehensive approach to rehabilitation and reintegration of VEOs

Strengthening efforts to prevent and counter violent extremism The Policy Toolkit on The Good practices and Hague Good Drivers of Illicit lessons learned for Practices on the Financial Flows a comprehensive Nexus between approach to rehabilitation and Transnational reintegration of Organized Crime violent extremists and Terrorism offenders Lived-experience-and-strengths- based strategies for persons with mental illness who offended and their family members

by Ciska Wittouck,A Freya Vander Laenen,A Stijn Vandevelde,B Sara Rowaert, Natalie Aga,B Sofie Van Roeyen,A Kurt Audenaert,C Wouter Vanderplasschen,B Tom Vander BekenA

This essay describes lived-experience based strategies for persons with mental illness who offended (PMIO) and their families. These recommendations are derived from the results of a multidisciplinary research project which aimed to develop multidisciplinary strengths-based strategies for PMIO and their families.1,2 These recommendations can inspire a broad range of practitioners and policy makers from the criminal justice system as well as the mental health systems working with PMIO and their family.

A Department of Criminology, Criminal Law and Social Law, Ghent University. B Department of Special Needs Education, Ghent University. C Department of Head and Skin, Ghent University.

48 Lived-experience-and-strengths-based strategies for persons with mental illness who offended and their family members

Diversion of persons based practice is the communi- with mental illness The goal of ty or the natural environment court-mandated who offended of the recipient instead of the treatment is office.6 Examples of strength- There is a plurality of crimi- therefore twofold: based approaches in forensic nal justice responses to PMIO the protection mental health care are the de- across countries and conti- of society, and sistance, the recovery, and the nents. One way of responding human rights paradigms. These the provision of to PMIO is subjecting them paradigms differ regarding their to court-mandated treatment treatment as well substantive focus but share the which is typically combined as support for the value they attach to strengths, with ongoing judicial supervi- individual capabilities, human dignity, sion.3 Court-mandated treat- participation, connectedness, ment programs for PMIO aim and inclusion.7 at reducing recidivism and improving mental health outcomes Strength-based in PMIO by referring them to approaches gather Examples of judicially supervised treatment momentum in forensic strength-based and services instead of impos- mental health care approaches in ing traditional criminal justice forensic mental responses, such as prison or jail As a supplementary counter- sentences.4 Judicially super- balance to risk-based approach- health care are vised treatment for PMIO may es, strengths-based approaches the desistance, involve residential treatment gather much more momentum the recovery, and such as detainment in or ad- in the broad field of forensic the human rights mission to a forensic psychiat- mental health care. Strengths- paradigms ric hospital and/or community based approaches are char- programs such as specialized acterized by the following six probation services and forensic principles: 1) people with men- assertive community treatment. tal illness (and other issues) A lack of attention to The goal of court-mandated and their social network (such the voices of persons treatment is therefore twofold: as partners, family and friends) with mental illness the protection of society, and can learn, grow and change, the provision of treatment as 2) the focus is on the individual who offended and well as support for the individ- and contextual strengths rather their family members ual. While both care and control than (exclusively) on deficits, are necessary to attain the goal 3) the community is viewed as In general, the voices of PMIO of court-mandated treatment an oasis of (natural) resources, and their families are lacking programs, their focus, as well as 4) the client directs the change in terms of debates about ‘what the focus of inter-agency col- process and defines (personally works’ and how in court-man- laboration between the criminal meaningful) goals, 5) the rela- dated treatment. Yet, contextu- justice system and the mental tionship between the recipient ally, this lived-experience or health system has traditionally and the professional is essential real-life evidence is important been primarily on controlling and hope-inducing, and 6) the for the development of relevant risk.5 primary setting for strengths- practice and policy.8,9 In re-

49 F3 Magazine Planning resiliency: shaping the future

search, the strengths and capac- Lived-experience- Thirty-three family members,1 ities of PMIO and their family and-strengths-based i.e. mothers, fathers, broth- members can be acknowledged recommendations of ers, sisters, uncles, antes, and by centralizing their lived ex- daughters of PMIO, participated periences during the research persons with mental in the study in terms of family process. Thereby the scientif- illness who offended support. This study consisted of ic, outsider approach to care is and their family semi-structured interviews and fused with a subjective, insid- members family support groups. er approach to care, which has also been recommended by the The current multidisciplinary In total, 286 PMIO who were World Health Organization.10,11 study is connected with strengths- subjected to court-mandated Qualitative research, which fo- based approaches across different treatment with an indefinite cuses on subjective experienc- disciplines, namely procedural duration participated in focus es and meaning making of indi- justice, desistance, recovery and groups and semi-structured in- viduals, is well suited to gaining family support.7 The study was terviews as part of the studies insight into how outcomes and carried out in Flanders, the Flem- on procedural justice, desist- processes can be explained.12 ish-speaking part of Belgium. ance, and recovery. At the time

50 Lived-experience-and-strengths-based strategies for persons with mental illness who offended and their family members of the study, these participants uine care, make time for them, bers are often searching for a were incarcerated, were admit- and are ‘really there’ for them. shared partnership with the ted to forensic or general inpa- providers of treatment so they tient psychiatric services, were In order to fully comprehend can jointly share information supported by forensic or gen- PMIO and their family mem- and advice. eral outpatient psychiatric or bers, formal interactions – such social services, were supported as treatment sessions, appoint- by in- and outpatient services ments with probation officers, A negative approach for persons with a mental disa- and judicial hearings –, should by professionals bility, or were already definite- be accompanied by informal can echo previous ly released into the community. and spontaneous interactions. experiences Examples of informal and spon- of stigma and The following lived-experi- taneous interactions can consist exclusion enced-and-strengths-based of: going on an excursion to- recommendations are based on gether or completing household the results of these four qualita- chores together. Professionals Listening is important but of tive studies. These recommen- should be present around PMIO equal importance are their dations can serve as inspiration and their family members. Re- needs, desires, concerns, and for professionals in the men- covery and desistance-oriented insights being taken into ac- tal health system as well as for practices recognize that daily count. Consequently, (mental professionals in the criminal life offers real-life opportuni- health) care and support pro- justice system. ties for learning and positive grams and conditional release experiences. conditions can be individually tailored. Participation is impor- A humane and high-quality tant on a substantive level (e.g. approach Someone who the content of a daily schedule, PMIO and their family mem- believes in them treatment sessions, conditional bers want to be approached would also support release conditions) as well as as human beings, and not as them in believing in on a formal level (e.g. the dif- ‘criminals’ or ‘numbers’. Pro- ferent stages and goals of treat- fessionals who treat them with themselves ment over time). respect, have faith in them and trust them are important. Active involvement Transparent communication Someone who believes in them would also support them in be- PMIO and their family mem- Transparency and information lieving in themselves. Being bers want to be actively in- sharing are preconditions for approached in a humane and volved with court-mandated active involvement. PMIO and high-quality manner can offer treatment. They are often not their family members are often an antidote to (self) stigma. A involved in the decision-mak- not informed about the differ- negative approach by profes- ing processes. It is important ent aspects of court-mandated sionals can echo previous expe- to listen actively to what they treatment. Written information riences of stigma and exclusion. have to say and initiate true di- is necessary and useful, howev- PMIO and their family mem- alogues instead of alternating er it is insufficient. Oral com- bers appreciate professionals monologues, and by asking in- munication and the possibility who listen actively, show gen- depth questions. Family mem- to ask questions as well as ex-

51 F3 Magazine Planning resiliency: shaping the future

press concerns are vital. Oral fessionals should be clearly one-size-fits-all goals and con- and written communication communicated so that PMIO ditions. Treatment should cov- should focus on both general and and their family members are er more subjects than merely personalised information. aware of the requirements criminal offenses and past is- for successful completion of sues. Themes such as self-reli- In the beginning as well court-mandated treatment. ance and trauma are examples throughout the court-mandated of important topics for PMIO. treatment trajectories understandable information should Transparency and The treatment method should be continuously provided to information sharing also be a meaningful experi- PMIO and their families. This are preconditions ence for PMIO. First, an ap- information should consist of for active propriated balance between the significance, meaningful- individual and group treatment ness, usefulness, and continuity involvement opportunities should be provid- of treatment, of conditional re- ed. Second, periods of rest and lease conditions, of ward rules, tranquility should be provided Individualized care and support of treatment agreements, or of during court-mandated treat- any other relevant aspect con- A balance should be maintained ment trajectories. During these sidered important to PMIO and between giving attention to the periods, PMIO can strengthen their families. individual needs of PMIO and and perpetuate their recov- to the societal needs, as well ery. Third, (obligatory) living Decision-making processes as between care and control. in shared residencies can be should be transparent, and de- Treatment goals and condition- a stressful experience. Living cisions of professionals should al release conditions should be together in smaller groups can be explicitly motivated. Expec- tailored to the needs of the in- bring some relief. tations and concerns of pro- dividual instead of relying on

52 Lived-experience-and-strengths-based strategies for persons with mental illness who offended and their family members

all care and support is provid- sion in a (forensic) psychiatric Treatment should ed within one facility. This hospital or ward. The reinte- cover more subjects thereby precludes social and gration process should be in- than merely professional interactions with corporated into every phase of criminal offenses persons not affiliated with the a treatment trajectory. During and past issues facility. Existing social contacts this trajectory, PMIO should outside of the facility should be be able to acquire incremental retained as much as possible. liberties and gradually re-inte- Control does not have to disap- For instance, by allowing PMIO grate into the community. pear. Some types of control can employment in the community be helpful for PMIO, as long even if they are admitted to a A gradual reintegration pro- as control does not become (forensic) psychiatric hospi- vides perspective, hope, and coercion. Examples of ‘help- tal, or by cooperating with the incremental progress. It should ful control’ are personalized neighbourhood or community be supported and guided by conditions and shared decision in order to initiate, stimulate professionals. One on one making. Examples of ‘coercive or reinforce contacts between guidance by a professional is control’ are high levels of pres- neighbourhoods or the commu- preferred over group activities sure to perform and forced ad- nity and PMIO. in the community. If possible mission to treatment services. and if it is deemed to be desir- Working towards re-integra- able, along with the consent of tion into the community should PMIO, the family should be in- Gradual reintegration start as soon as possible during volved from the start of the re- Societal exclusion processes a court-mandated treatment integration process as they can can be repeated on the lev- trajectory and not be postponed play an important role in actual el of mental health care when until the final phase of admis- reintegration.

53 F3 Magazine Planning resiliency: shaping the future

Quality of life: daily activi- sity, friendships are often only can emerge from different ties, social network, housing initiated with PMIO. Therefore, perspectives: some PMIO feel and finances treatment providers should en- connected when they are able courage and support the devel- to exchange experiences about It is important to focus on opment and expansion of the the criminal offences they have high-quality social contacts, social network of PMIO. Special committed, others want advice meaningful daytime activities attention should be paid to get- and to discuss their legal status, and work, and stable housing ting family members involved, and others feel connected be- and income because these are and to including the neighbor- cause they have the same men- often lacking in the lives of hood and the community in fa- tal illness. However, a social PMIO. Targeting these life do- cilitating social acceptance. network should not be restrict- mains enables reintegration ed to contacts with ‘companions into the community. It should by experience’. be stressed that the quality of A social network these factors is more important should not be (Future) housing and financ- than simply their presence. restricted to es are also important. Stabili- contacts with ty, support, consultation, and Employment and volunteer discussion are as important in work have multiple functions: ‘companions by terms of these life domains. having an occupation and de- experience’ veloping and extending a social Indefinite forensic psychiat- network. In order to provide ric treatment as a mortgage? meaningful daily activities, Contact with ‘companions by consultation and discussion experience’ should be encour- An indefinite duration of with PMIO are necessary. aged within and across facilities. court-mandated treatment This companionship should be weighs heavily on PMIO and Existing social contacts are of- tailored to the needs and expec- their family members. Two ten lost during (indefinite or tations of PMIO. ‘Experiential recommendations can counter- lengthy) court-mandated treat- knowledge’ and the sense of ‘be- balance this experience. First, ment trajectories. Out of neces- ing companions by experience’ a target date should be provid-

54 Lived-experience-and-strengths-based strategies for persons with mental illness who offended and their family members ed together with clear (sub) participant. Researchers should were also characterised by in- goals that should be attained not be fearful of proximity. As justice, powerlessness and hope- by PMIO in order to be defin- well as being researchers they lessness. Specifically, the lack of itively released into the com- should also just be human be- informal and formal care and munity. Second, transferring ings, and have authentic inter- support as well as the excess of PMIO back to prison in case actions with participants. They trauma and stigma was striking. of non-crime related incidents should also have an informal Therefore, it is also important should be avoided. If release chat after the interview. to provide formal and informal conditions are violated, figure opportunities for researchers to out why they are breached in Researchers should not only debrief the participants. discussion with PMIO. In do- approach PMIO and their fam- ing so, the underlying causes of ily members as human beings breaches can be dealt with. but also as ‘knowledgeable’ Conclusion human beings. Researchers should inherently value their The voices of PMIO and their Doing research with persons experiential knowledge. In this families were centralized in with mental illness who offend- respect, researchers should also this multidisciplinary study de- ed and their family members be reflexive regarding their signed to develop multidiscipli- A humane and high-quality ap- preconceptions and attentive to nary strengths-based strategies proach towards PMIO and their participants’ corrections. for PMIO and their families. family members is also a rec- Their knowledgeability is clear- ommendation for researchers Listening to and confronting the ly reflected in the recommen- and academics. With this kind life stories of PMIO and their dations based on their experi- of approach, research partici- family members is not always ential knowledge. Taking these pation can be experienced as easy. Their narratives were recommendations into consid- pleasant, valuable and useful. characterised by strength, resil- eration can add a holistic and It fosters the development of a ience, combativeness, life wis- solution-focused approach to- trusting relationship between a dom, hope, perseverance, and wards PMIO and their families. (qualitative) researcher and a love. Their life stories, however

The Authors

Ciska Wittouck is a clinical psychologist and criminologist, and currently works as a postdoctoral staff member at the department of Criminology, Criminal Law and Social Law at Ghent University. Her research focuses on vulnerable groups in society and in criminal justice and mental health systems, strengths-based practices, procedural justice and legitimacy, and (innovative) qualitative research methods.

Freya Vander Laenen is an associate professor in Criminology at Ghent University. Her research focuses on vulnerable persons (because of substance use, mental illness, social exclusion) in contact with the criminal justice system, and she has long standing experience in research on drug policy, drug prevention, drug treatment, and harm reduction.

Stijn Vandevelde is an associate professor in Special Needs Education at Ghent University. His research interests include forensic special education; the support of mentally ill offenders (with an intellectual disability); persons with intellectual disabilities and co-occurring behaviour problems and/or psychiatric disorders; and rehabilitation of offenders (e.g. underpinned by the Good Lives Model).

55 F3 Magazine Planning resiliency: shaping the future

Sara Rowaert currently works as a postdoctoral staff member at the department of Special Needs Education at Ghent University. Her research focuses on family recovery and experiences as well as support of family within forensic mental health care.

Natalie Aga obtained a doctoral degree in Educational Sciences at Ghent University. Her research focuses on recovery needs and resources of persons labelled not criminally responsible and on lived experiences of persons with mental illness or intellectual disability who offended. She currently works as a lecturer and researcher at the Thomas More University College of Applied Sciences, Antwerp, Belgium.

Sofie Van Roeyen obtained a doctorate in criminological sciences at Ghent University. Her research interests include desistance, recovery, mentally ill offenders and forensic psychiatry with a particular focus on lived experiences.

Kurt Audenaert is a part-time senior full professor in Psychiatry and Criminology at Ghent University. His research focuses on aggression and transgressing behaviour, neurobiology and neuro-criminology.

Wouter Vanderplasschen is associate professor at the Department of Special Needs Education at Ghent Uni- versity and is a senior researcher in the field of substance abuse treatment and recovery. His research interests include addiction recovery, case management, treatment methods, vulnerable groups, therapeutic communities, continuity of care and evaluation of treatment.

Tom Vander Beken is a senior full professor in Criminology at Ghent University. His research focuses on criminal justice related issues in an international and comparative perspective, and often has special focus on vulnerable persons (e.g. mentally ill offenders).

References 1 This project was funded by Ghent 3-76). New York, NY, US: Routledge/ 8 Coffey, M. (2006). Researching service University (BOF14/G0A/006). The Taylor & Francis Group. user views in forensic mental health: research focused on family members 4 Landess, J., & Holoyda, B. (2017). Mental A literature review. Journal of Fo- who still have some sort of contact health courts and forensic assertive rensic Psychiatry & Psychology, 17(1), with their relative. However, we are community treatment teams as correc- 73-107. well aware of the fact that some fami- tional diversion programs. Behavioral 9 Livingston, J. D. (2018). What Does ly members also have no or a troubled Sciences & the Law, 35(6), 501-511. relationship with their relative. Success Look Like in the Forensic Therefore, when addressing family 5 Barnao, M., Robertson, P., & Ward, T. Mental Health System? Perspectives members of PMIO, it is important (2010). Good Lives Model Applied of Service Users and Service Provid- to take the heterogeneity of family to a Forensic Population. Psychiatry ers. International Journal of Offender members into account. Psychology and Law, 17(2), 202-217. Therapy and Comparative Criminolo- gy, 62(1), 208-228. 2 6 Aga, N., Audenaert, K., Nollet, L., Rapp, C. A., Saleebey, D., & Sullivan, W. 10 Rowaert, S., Schipaanboord, A.E., P. (2005). The future of strengths- Rycroft‐Malone, J., Seers, K., Titchen, Vander Beken, T., Vander Laenen, F., based social work. Advances in Social A., Harvey, G., Kitson, A., & McCor- Vanderplasschen, W., Vandevelde, S., Work, 6(1), 79-90. mack, B. (2004). What counts as evidence in evidence‐based practice? Van Roeyen, S., & Wittouck, C. (2019). 7 Powerful narratives. The internment Vandevelde, S., Vander Laenen, F., Van Journal of Advanced Nursing, 47(1), measure in a different light. Gom- Damme, L., Vanderplasschen, W., 81-90. Audenaert, K., Broekaert, E., & Vander pel&Svacina: Oud-Turnhout/’s-Her- 11 World Health Organization. (2018). togenbosch. Beken, T. (2017). Dilemmas in applying strengths-based approaches in European Health Report. Highlights. 3 Crocker, A. G., Livingston, J. D., & working with offenders with mental Geneva, Switzerland World Health Leclair, M. C. (2017). Forensic mental illness: A critical multidisciplinary Organization. health systems internationally. In R. review. Aggression and Violent Be- 12 Gergen, K. J., Josselson, R., & Freeman, M. Roesch & A. N. Cook (Eds.), Handbook havior, 32, 71-79. (2015). The Promises of Qualitative In- of forensic mental health services (pp. quiry. American Psychologist, 70(1), 1-9.

56 Lived-experience-and-strengths-based strategies for persons with mental illness who offended and their family members

It is 6 October 2005. I step along in my new crocs. Over the next few years, they will carry many positive and negative things with them. Over the course of a seemingly endless way, I wear the same crocs. The final result is that I still have them, my crocs, and that I am still standing steady in them. I do not stand in the crocs now – I am standing in daily life. My crocs knew a lot of emotions. Metamorphoses. I have repeatedly pulled myself up by the crocs, because I started to do things with them during my long admission. I went with them everywhere. Haha, to give only a small example: I walked in my crocs even to the market. I went so far that the crocs have become an image of myself. During my experience with moments of stress, my toes curled in them. I sweat inside them. You cannot imagine how strong my crocs were the day I went back to society. To give a new direction to my life, I stepped away from my old, worn-in crocs. I immediately bought a new pair. I wear these daily now. Since 4 August 2014, I walk with them in my home city. I live there in the privacy of my happy and wonderful family. It is certainly worth it to make the step and to see where you get in life. Of course, it is with ups and downs, but you learn a lot from the downs. I can testify to that. My daily life has turned around 360 degrees. The crocs have endured the process of getting Clean very well. Now I am still Clean. You have to be strong for that in daily life. These new crocs also carry this strength in my being. I am very happy to have bought this new pair. I alone have done this and no one did it for me. I have received advice and much support from my local environment. For that, I sincerely thank my wife and kids, my family, and the small group of friends that I have built up.

A more humane approach to addressing the harm of criminal behaviour

by Tim Chapman and Annemieke Wolthuis

Introduction In this paper, which is based upon research undertaken in 2017 and 2018,1 an alternative and more humane approach to addressing harm of criminal behaviour is presented. Our goal was to explore if this approach could transform the way society responds to crime.

When a crime is committed, criminal justice agencies focus mainly on the perpetrator as the problem. Attending to the harm of criminal behaviour rather than the perpetrator alters the orientation of approaches to crime. It recognises both the suffering caused by crime to victims, their families and the community and the suffering that causes people to harm others.

1 Commissioned by a Catholic philanthropic organisation.

58 A more humane approach to addressing the harm of criminal behaviour

In addition to suffering caused, Consequently, many victims the meaning of the harm is also experience “secondary victimi- The effects of mediated by its wrongfulness. sation” by the criminal justice experiencing That it has no justification in law system which strives to engage injustice will matters. For Shklar, injustice is with crime in an impersonal often continue often experienced through pow- and rational manner.4 What are to dominate an erful, often distressing, emo- considered to be risk factors individual’s life tions specific to the individual.2 associated with offending, can long after physical It interrupts and disrupts lives, be viewed from a humane per- causing “shattered assumptions” spective as harmful events or wounds have about living in a world which conditions which perpetrators healed, punishment can undermine the capacity to of crime have experienced.5 A has been inflicted, participate in society.3 The ef- humane approach will under- or compensation fects of experiencing injustice stand that the reactions of soci- received will often continue to dominate ety, the media, and the criminal an individual’s life long after justice system to crime play a physical wounds have healed, significant part in adding to the The UN 2030 Agenda for Sus- punishment has been inflicted, harm endured by both victims tainable Development and its or compensation received. and perpetrators.6 Social and goals are drafted to contribute criminal justice reactions often to a safer world by reducing exclude victims and perpetra- conflicts, crime rates and peo- When a crime is tors from necessary resources, ple’s vulnerabilities and expo- committed, criminal weaken significant relation- sure to organized crime. Goal 16 justice agencies ships, and reduce personal re- of the 2030 Agenda is centered focus mainly on the sponsibility, thus obstructing on promoting peaceful, just and both recovery and reintegra- inclusive societies, free from perpetrator as the tion.7 crime and violence, with justice problem for all. We will explain how focusing more on harm than on crime and using more humane or participatory reactions such as restorative justice approaches

2 Judith Shklar, The Faces of Injustice (Yale: Yale University Press, 1990. 3 Ronnie Janoff-Bulman, Shattered Assumptions: Towards a new Psychology of Trauma (New York: Free Press, 1992). 4 Maarten Kunst, Lieke Popelier, and Ellen Varekamp, “Victim Satisfaction with the Criminal Justice System and Emotional Recovery: A Systematic and Critical Review of the Literature,” Trauma, Violence and Abuse 16, no. 3 (2014): 336–358; Malini Laxminarayan, Mark, Bosmans, Robert, Porter, and Lorena Sosa, “Victim Satisfaction with Criminal Justice: A Systematic Review,” Victims & Offenders, 8, no. 2 (2013): 119–147. 5 Vittoria Ardino, “Post-Traumatic Stress in Antisocial Youth: A Multifaceted Reality,” In Post-traumatic syndromes in children and adolescents, ed. Vittoria Ardino (Chichester: Wiley/Blackwell Publishers, 2011) David Farrington, “Childhood Risk Factors and Risk-Focused Prevention,” in The Oxford Handbook of Criminology, ed. Mike Magu- ire, Rod Morgan, and Robert Reiner (4th ed. Oxford: Oxford University Press, 2007); Robin Weeks and Cathy Widom, “Self-Reports of Early Childhood Victimization among Incarcerated Adult Male Felons,” Journal of Interpersonal Violence 13, no, 3 (1998): 346–361. 6 Howard Becker, Outsiders: Studies in the Sociology of Deviance (New York: The Free Press, 1963); Stanley Cohen, Folk Devils and Moral Panics: The Creation of the Mods and Rockers (London: Paladin, 1973); Edwin Lemert, Human Deviance, Social Problems and Social Control (Englewood Cliffs: Prentice-Hall, 1951). 7 Jeremy Travs and Michelle Waul, Prisoners Once Removed: The Impact of Incarceration and Reentry on Children, Families, and Communities (Washington: The Urban Institute Press, 2003).

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can contribute to this end. In the nities.8 People can lose a com- preventing or undoing injustic- following sections we explain mon belief in a just, stable and es, and restoring the individual, the values of more humane ap- moral society. People’s sense of relational and social harms that proaches, we address possibili- control over their lives and their have caused and been caused ties for change and the potential ability to participate actively in by criminal behaviour. of restorative justice and we end society are diminished by the with some conclusions. harm of criminal behaviour. The values that shape more humane approaches relate to the Humane approaches to ad- value we place on the individ- Humane approaches dressing the harm of criminal ual, the value we place on how behaviour aim to restore the individuals relate to each other, The harm of criminal behaviour internal and external resources and the quality of the society extends beyond those immedi- required to participate actively we aspire to create. The con- ately affected to society at large, in society to people responsible cepts of “the common good”, causing fear of crime, reducing for harm, people who have been “dignity of the individual”, “sol- social cohesion, exacerbating in- harmed, and others who have idarity”, and “social justice” can tergroup prejudice and conflict, been affected. Humane prac- frame what a human response and demoralising whole commu- tices would have the purpose of to crime looks like: a response

8 Chris Hale, “Fear of Crime: A review of the Literature,” International Review of Victimology 4, no. 2 (1996): 79–150.

60 A more humane approach to addressing the harm of criminal behaviour

that respects, restores and sus- The dignity of human beings haviour have a “ripple effect” tains these values, as opposed is derived from the value of beyond those directly respon- to one that disregards, damag- human life and the potential sible and those directly affect- es or violates them. From this of people’s capacity to choose ed by them. Families, friends, viewpoint, a just society pro- their actions and to be respon- neighbours and communities vides people with the opportu- sible for them. To be a victim have a stake in repairing harm nities and capacities to partic- of a crime is to be treated as a and alleviating suffering. While ipate in their communities for means to another’s end or to be other people may be a potential the common good in a way that objectified. This is dehuman- threat, they are also essential to they choose. ising and humiliating. Respect our wellbeing. requires a refusal to stereotype, stigmatise, objectify or idealise Social justice refers to fair and Social justice can individuals. Solidarity is derived right relations, to the redistri- also address the from mutual responsibility and bution of resources and to the neglect of victims reciprocal support. Human be- removal of obstacles to equal- and discrimination ings can only live in relation ity of opportunity and full par- to others.9 Both actions for the ticipation in society. This is the against offenders common good and harmful be- foundation of human rights and

9 Emmanuel Lévinas, Totality and Infinity: An Essay on Exteriority (Pittsburgh: Duquesne University Press, 1969).

61 F3 Magazine Planning resiliency: shaping the future of many international state- Possibilities for change crime) and of recovery from ments on crime and criminal and restorative justice trauma have relational ele- justice. More recently it has fo- ments.11 cused on the value of diversity. A harmful act creates an obli- Social justice can also address gation to make things right with the neglect of victims and dis- the individual who has been Restorative justice crimination against offenders. harmed and with society. By espouses the values fulfilling such an obligation, the and principles that individual earns the support of are outlined above The dignity of society with all its benefits and and that meet the UN human beings is responsibilities. In this way, Agenda Goals derived from the the offender is redeemed; this value of human life is what Bazemore refers to as “earned redemption.”10 More and the potential of humane approaches should of- Restorative justice espouses the people’s capacity to fer individuals the opportunity values and principles that are choose their actions and support to “signal” that they outlined above and that meet and to be responsible are in the process of transform- the UN Agenda Goals. It is an for them ing themselves. inclusive approach to addressing harm through engaging all those affected in coming to a These values inform key princi- Both the processes common understanding and ples of humane practice. Rath- of desistance agreement on how the harm er than seeing individuals as (moving away from or wrongdoing can be repaired, simply products of their genes, committing crime) relationships strengthened, and their upbringing or their envi- justice achieved.12 ronment, a humane approach and of recovery recognises their capacity to from trauma have Restorative justice places harm make meaning out of situations relational elements at the core of the justice process and events, to choose actions, and engages all those who have to reflect upon those actions, been affected by the act of harm, to learn and to generate new Any humane approach should including the perpetrator. The understandings. More humane be designed to enable perpe- counter-intuitive aspect of the approaches offer opportuni- trators to desist from crime or restorative process is that each ties for all parties to take active avoid harming other people, party needs the other to have responsibility for the process and should support victims to what has been lost or violated of addressing the harm so that recover from the harm and suf- restored. Victims usually want they may put it behind them. fering caused by crime. Both those responsible for the harm the processes of desistance to make themselves accountable (moving away from committing in a direct and practical way. By

10 Gordon Bazemore, “Restorative Justice and Earned Redemption: Communities, Victims, and Offender Reintegration”, American Behavioral Scientist 41, no. 6 (1998): 768–813. 11 Shawn Bushway and Robert Apel, “A Perspective on Employment-Based Re-Entry Programming: Training Completion as a De- sistance Signal,” Criminology and Public Policy 11, no. 1 (2012): 73–86; Beth Weaver, Offending and Desistance: The importance of social relations (Abingdon: Routledge, 2016). 12 European Forum for Restorative Justice, “Forum 15 Strategy Paper” (Leuven: European Forum for Restorative Justice, 2016).

62 A more humane approach to addressing the harm of criminal behaviour doing so, perpetrators can earn narrative from one of “shame that often relates to being heard respect by taking responsibility and humiliation to a portrayal and sharing narratives. and making amends. Through of dignity and virtue.”15 Through such a process both parties may a restorative process, dialogue move on in their lives. has the capacity to “humanise Conclusion what is going on in the world and in ourselves only by speak- Values such as the common Arendt wrote of the ing of it [the harm], and in the good, human dignity, solidarity ability of stories to course of speaking of it we and social justice can reorien- “reclaim our human learn to be human.”16 tate our criminal justice system dignity” in transformative ways. Cre- Meta studies show high satis- ating a more humane criminal faction rates among victims, of- justice system benefits every- Storytelling and dialogue drive fenders and professionals that one, in particular the person the restorative process. Arendt took part in a restorative justice harmed and the person who has wrote of the ability of stories to process. The feeling of justice caused the harm. In these tur- “reclaim our human dignity.”13 increases, participants feel that bulent times, material self-in- Stories represent human beings they are being taken seriously, terest, disrespect, division, ine- as actors rather than passive the assumption of responsibil- quality, and severe judgements victims or objects of others’ ity by offenders is appreciated and punishment can seem to narrative or theories. They can and less recidivism is meas- flourish. It is critically impor- restore dignity and often facil- ured.17 tant that alternative values con- itate emotional and relational tinue to be applied in practical connections.14 The victim tell- For many people it is a moment and effective ways. ing their story transforms the of change, a new beginning, and

The Authors Tim Chapman is a visiting lecturer at the University of Ulster and current Chairperson of the European Forum for Restorative Justice.  [email protected]

Annemieke Wolthuis is an independent researcher, trainer and mediator working for Restorative Justice Nederland, and current Vice Chair of the European Forum for Restorative  [email protected]

13 Hannah Arendt, Men in Dark Times (New York: Harcourt, 1968): 216. 14 Meredith Rossner. Just Emotions: Rituals of Restorative Justice (Oxford: Oxford University Press, 2013). 15 Martha Minow, Between Vengeance and Forgiveness: Facing history and Genocide and Mass Violence (London: Beacon Press, 2000). 16 Hannah Arendt, Men in Dark Times (New York: Harcourt, 1968): 25. 17 Joana Shapland, A. Atkinson, H. Atkinson, J. Dignan, L. Edwards, J. Hibbert, M. Howes, J. Johnstone, G. Robinson & A. Sorsby. Does Restorative Justice affect reconviction? The fourth report from the evaluation of three schemes (Centre for Criminological Research University of Sheffield, 2008); Lawrence W. Sherman & Heather Strang. Restorative Justice: The Evidence (London: The Smith Insti- tute, 2007).

63 When Sport Breaks Down Walls

by Massimiliano Montanari

On the 9th of November 2019, we celebrated the 30th Anniversary of the Fall of the Berlin Wall, an event which has become a global icon for positive, disruptive change, a symbol of reunifi- cation and justice.

For Save the Dream, an organisation working to promote safe access to sport and its educational and social values, the temptation to associate the power of sport with the demolition of the Berlin Wall and any other barrier between or within nations was so strong that it resulted in the launch of the global campaign “When Sport Breaks Down Walls”, in cooperation with the International Olympic Truce Center (IOTC) and the support of the United Nations Alliance of Civilizations (UNAOC).

64 When Sport Breaks Down Walls

There have been many moments Olympics in 1960 as part of the International Day of Sport for throughout history, when the United Team of Germany. Development and Peace, a date universal language of sport has which commemorates the in- spoken to the world, promoting I had the opportunity last April, auguration in 1896 of the first peace, reconciliation or simply when we launched our cam- Olympic games of the modern showcasing that a different way paign through the organisation era in Athens. of thinking is possible. in Berlin of a Youth Forum, to meet Hans Grodotzki, a Ger- Berlin is the city which saw the man athlete who competed in Long became a Afro-American champion Jesse the 1960 Rome Summer Olym- symbol of both Owens challenging Hitler’s myth pic Games. His words allowed sportsmanship and of Aryan supremacy by winning us to relive the moment the peace in a world four gold medals in the sprint German team entered the stadi- and long jump during the 1936 um during the opening ceremo- which was entering Summer Olympics. Ironically ny, wearing black and gold, with into the II Second Owens would never be invited to no sign of the German Federal World War the White House to shake hands Republic or the German Dem- with the US President. None- ocratic Republic and marching theless, his victories remain one to Beethoven’s 9th Symphony Through the resolution, the of the most powerful messages instead of the national anthem. UN General Assembly invites conveyed by sport in the course States, international organiza- of history, along with the sup- Nelson Mandela’s quotes on the tions, sports organizations and port and advice Owens received power of sport have inspired civil society to cooperate, ob- from his German competitor Luz generations of “sport for peace serve and raise awareness of Long. Long became a symbol of activists”. South Africa’s victo- the International Day of Sport both sportsmanship and peace in ry of the 1995 Rugby World Cup for Development and Peace. a world which was entering into played in South Africa remains the II Second World War, during one of most powerful examples The UN General Assembly start- which he lost his life fighting as a of national reconciliation. A died to adopt resolutions since German soldier. vided nation became one when 1993, urging its Member States to South African President Nelson observe the Olympic Truce from Mandela strode to the centre of the seventh day before the open- There have been the pitch in a Springbok jersey ing to the seventh day follow- many moments and shook hands with Francois ing the closing of each Olympic throughout history, Pienaar, captain of a team who Games. when the universal represented for many years before one of the main symbols of The 2018 Winter Olympics in language of sport apartheid. PyeongChang, was dubbed the has spoken to the “Peace Olympics” due to athletes world The role of sport in breaking from North and South Korea down walls is highlighted by the marching together, for the first United Nations (UN) General time under a unified flag. This Let us also be reminded about the Assembly resolution which, on step to rapprochement can be German athletes who marched the 23rd of August 2013, pro- seen as one of the most recent together at the Rome Summer claimed the 6th of April as the examples of sport diplomacy.

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Regardless of these breakthroughs national organisations, sport An inspiration to us all is the through the soft power of sport, bodies and, most importantly, by effort by Marathon Legend Teg- walls continue to exist. international, regional and na- la Loroupe, who organises the tional agencies for development Peace Race in Kapenguria, Ken- According to the report we is- and cooperation. Notwithstand- ya every year. The aim is to pro- sued on the 9th of November ing the closure of the UN Office mote unity between rival tribes 2019 jointly with the IOTC and on Sport for Development and in the West Pokot area. Since with the support of UNAOC, Peace, there continues to be pos- 2016 he also leads the Refugee at the end of World War II, itive trends of coordinated ac- Athletes Team which provides there were seven border walls tions and platforms where “sport an opportunity to refugee ath- or fences in the world. By the for peace activists” have access letes to compete in the Olympic time the Berlin wall fell in 1989, to tools, information and inter- Games under the flag of the In- there were fifteen. Today, there action. ternational Olympic Committee. are at least 77 walls or fences around the world. Then there is the example of By the time the Nelsa Curbelo, human rights ac- An important question that Berlin wall fell in tivist nominated twice for the continues to be asked is wheth- 1989, there were Nobel Peace Prize, who has uti- er sport can do more to inspire, fifteen. Today, lised sport and other soft powers facilitate or catalyse political to bring peace among gangs in decisions or promote positive there are at least Ecuador’s city of Guayaquil. The change across nations. 77 walls or fences city is home to over 200 gangs, around the world of which some 60,000 disaf- The answer is probably “yes” fected youths are members. and it is supported by the growing attention paid to “sport for Many encouraging stories are The work of Suad Gallow, a for- development and peace” or oth- coming from the world of sport, mer Somali National Women’s er issues affecting society such civil society and sport at the Basketball Team Member is as violent extremism by inter- grass-roots level. noteworthy. She is developing

66 When Sport Breaks Down Walls

Women’s basketball from grass- The key is now to consolidate, roots to elite level in Somalia, The greatest as it did in other sectors of the while protecting girls willing to challenge is to grow international agenda, a long- play from extremist groups try- the future Mandelas, term approach, making the shift ing to deny women the right to to nurture the from an emphasis on projects to practice sport in the Country. next generation of implementing sustainable pro- political leaders grammes, where organisations, The story of Honey Thaljieh, key networks and sport for peace by inspiring them today a FIFA official, remains activists at all levels are empow- inspiring. Thalijeh succeeded in through the values ered to systematically join forces establishing the National Wom- of sport to break the next wall. en’s Football Team of Palestine. The greatest challenge is to grow Katherina Salta, an IOTC official, We have the privilege and the op- the future Mandelas, to nurture founded in Greece the Country’s portunity to work with all these the next generation of political first women’s refugee team in- amazing leaders in the world of leaders by inspiring them through volving nationals from fourteen sport for peace. We can bene- the values of sport and empow- countries including Syria, Af- fit from their support in many ering them to embrace sport as a ghanistan, Iran, Iraq, Eritrea and of our initiatives aimed at em- driver to build fair and just socie- Ethiopia. powering youth leaders through ties, to use the values of sport to sport and as a result use sport to prevent conflicts and not only as promote reconciliation and re- an effort to restore normality in store hope. post-conflict or mitigate the consequences of crisis situation.

Please click here to download the Report When Sport Breaks Down Walls

The Author

Massimiliano Montanari has over eighteen years’ experience in international affairs and innovation in pur- suance of global objectives such as peace, inter-cultural dialogue and human development. He serves as Chief Executive Officer at the global NGO “International Center for Sport Security” (ICSS) IN- SIGHT and leads ICSS’ initiative Save the Dream as its Executive Director, established to promote inter-cultural dialogue and social innovation through the power of sport values. Montanari’s previous position at the ICSS, which he joined in 2012, was as Chief of Cabinet to ICSS the President. Before joining the ICSS, Massimiliano Montanari has worked for twelve years for different United Nations bodies, including the UN High-Commissioner for Refugees, the UN Office on Drugs and Crime and the UN In- terregional Crime and Justice Research Institute, as well as taken part in Task Forces at the UN Secretariat in New York in different fields, such as addressing violent extremism, transitional justice, security in post-conflict zones and public-private partnerships. Polyglot and creative thinker, Montanari has strong experience in international negotiations and in the development of multisectoral programmes, new ideas and global movements involving different sectors, from government to civil society.

Sapere Aude: a social mentorship project which uses education to promote social justice for children and young people living in the public care system

by Milena Westermann

With the adoption of 2030 Agenda for Sustainable Development and its relevant Goals (SDGs) in 2015, the United Nations with Goal 4 renewed its mission for better education of children and young people worldwide. While the earlier Millennium Development Goals focused on access to primary education, the 2030 Agenda goes beyond this. With Goal 4 and its focus on quality education, the international community recognizes that learning goals in themselves are not enough – it is important to aim for both the quality of education as well as the social and emotional well-being of students, in order to achieve substantial learning outcomes.1

1 Raikes, Abbie et. al. (2017): “Social policy report. Children, Youth and Developmental Science in the 2015–2030 Global Sus- tainable Development Goals“. In: Children, Youth and Developmental Science in the 2015–2030 Global Sustainable Develop- ment Goals, vol. 30, no. 3, pp. 1-2.

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As a group of European organ- The initiative was motivated on to access higher education, izations working in the fields by recent academic research, as which was five times fewer of child and youth care, men- well as on-the-ground experi- than the overall number of toring services and academic ences from organizations span- young people accessing higher research, our work is highly ning five European countries: education.5 connected with the targets of Spain, France, Germany, Austria SDG 4. This includes elimi- and Croatia.4 One of the major factors in this nating disparities in education situation is that we often see a and ensuring equal access to all These international partner structural division between the levels of education and vocational organizations share the core social care system and the ed- training for the most vulnerable, observation that children and ucation system as well as the including persons with disabili- young people who grow up in failure of these systems to work ties, and children in marginalized the public care system lack in- adequately together. Moreover, situations.2 clusive and equitable quality it seems that the meaningful ed- education opportunities. This ucation of children and young is also reflected in a number people living in residential The United Nations of studies which demonstrate care is a low priority for pro- with Goal 4 immense differences in the fessionals working with these overall educational outcomes segments of the population. renewed its mission between children and young This impression is reflected in for better education people living in residential the low expectations and little of children and care settings compared with interest that social workers and young people their peers who live with their responsible social institutions worldwide biological families. The 2008– show towards the educational 2010 cross-national research and professional development project YiPPEE, which inves- of their young clients. By ne- The Sapere Aude3 Improvement tigated the pathways to educa- glecting the importance of ed- of the academic results of young tion of young people in public ucation of these children and people in care through mentor- care, demonstrated inadequate adolescents, we risk continuing ing pilot project was developed educational situations within and reinforcing the cycle of in 2016 and funded by the Eu- five European countries. The endemic poverty and unsatis- ropean Union Programme Eras- findings also showed that only factory living conditions which mus+ Strategic Partnerships in 8% of young people who had many of them have already ex- the field of school education. been in care as children went perienced.

2 United Nations: “Sustainable Development Goals. Quality Education”: https://www.un.org/sustainabledevelopment/education/ 3 The popular Latin phrase and philosophic principal Sapere Aude has been used in different epochs and contexts to encourage and empower people to think for themselves and live a self-determined life. Without going any deeper into the theoretical concepts of Sapere Aude, it can be said that education continues to be a key element within almost every empowering process, especially when it comes to young people living in vulnerable situations. Therefore, we decided to name our project SAPERE AUDE. 4 The SAPERE AUDE project group consists of experts from the field of child and youth care: Fundació Privada Plataforma Educativa (Spain), BTG — Federal Association of Therapeutic Communities (Austria), S&S gem. Gesellschaft für Soziales mbH (Germany), Parrains Par Mille (France) and the PLAY Association (Croatia), as well as research experts from the University of Girona. 5 Cameron, Claire; Jackson, Sonia (2011): “Final report of the YiPPEE project WP12 Young people from a public care background: pathways to further and higher education in five European countries”. Thomas Coram Research Unit Institute of Education, University of London, UK.

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Social mentoring as a mentor, can have a very impor- tool to break the cycle tant and positive impact on ad- The eight percent of of social exclusion and olescents while they go through young people who the lack of education? challenging life transitions. The had been in care Committee on Early Childhood, as children went The Sapere Aude project aimed Adoption and Dependent Care on to access higher to make a positive contribution also emphasized the impor- education towards breaking this cycle of tance of a mentor in the con- intergenerational lack of ed- text of emotional health: “(…) ucation and social exclusion, having at least one adult who is by empowering these children devoted to and loves a child un- Results of the Sapere and young people through a conditionally, who is prepared Aude social mentoring specialized social mentoring to accept and value that child project. Social mentoring, in for a long time, is key to helping process the framework of the project, a child overcome the stress and consists of a trusting and con- trauma of abuse and neglect.”7 Driven by the scientific and tinuous relationship between a Besides that, a social mentoring practical findings above, the mentor and a mentee who lives relationship provides young main objective of the pro- in the social care system and people with role models who ject was to implement a nine- lacks an individual support sys- may inspire them, while also month social mentoring ini- tem through a partner or role giving them a more diverse pic- tiative and evaluate whether model.6 Practical studies have ture of “real life” and its vary- this mentorship had a positive shown that a close personal re- ing challenges. impact on the educational relationship, such as one with a sults of young people between

6 Allen, B., & Vacca, J.S (2010): “Frequent moving has a negative affect on the school achievement of foster children makes the case for reform, Children and Youth Services”. In: Children and Youth Services Review, vol. 32, no. 6, pp. 829-832. 7 The Committee on Early Childhood, Adoption and Dependent Care (2000): “Developmental Issues for Young Children in Foster Care”. In: American Academy of Pediatrics, vol. 106, no. 5, pp. 1145-1146.

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12 and 17 living in residential The data collected from these The data also showed that the care. All social interactions and surveys and reports reflected mentees are less likely to look weekly meetings between the the complexity and heteroge- favourably at dropping out of mentor and the mentee were neity of every mentoring re- school than they were before monitored by care givers and lationship and national setting. the mentoring project. the Research Team on Child- Nevertheless, we were happy hood, Adolescence, Children’s to discover that the results con- Asked about the school and rights and their Quality of Life firmed the positive impact of learning settings, the mentees (ERIDI) of the University of the Sapere Aude mentorship demonstrated a fear of stigmati- Girona. During the process, the project on the educational out- zation and exclusion from their ERIDI collected around 444 comes of children and adoles- familiar learning environment. pre- and post-test surveys from cents who are currently living The majority of the surveyed mentees, mentors, care givers in our residential care centers. mentees spoke in favour of an and teachers as well as 838 in- Besides the fact that the grades inclusive learning approach dividual mentoring reports re- of the participants improved and having the possibility to do garding all mentoring activities. in the fields of natural science, individually tailored school- social sciences, foreign lan- work that corresponds to their guages and sports, it is particu- own level of learning. Overall, A close personal larly noteworthy that the men- they expressed their gratitude relationship, such as tees expressed a much higher for having a dedicated person one with a mentor, self-confidence regarding their in their life and for receiving can have a very educational results and pro- the mentor’s sole focus. fessional future. For example, important and many of the children and ado- Even though we received a lot positive impact on lescents stated that they would of positive feedback from them, adolescents like to start vocational train- their answers also brought up ing after completing school. some very concerning topics.

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Mentees saw their educational. This was raised in particular mentoring underscores the im- al future more positively than by participating children and portance of Sustainable Devel- before the mentorship project, young people with refugee sta- opment Goal 4, which urges us but they also stated in the post- tus who suffer from traumatic to focus on the social-emotional tests that they have less hope experiences and constant un- well-being of vulnerable people and less positivity towards certainty regarding their resi- in order to achieve substantial their life and future in gener- dency. The result of the social learning outcomes.8

The Author Milena Westermann holds an M.A. in Political Science from the University of Hamburg, with a specializa- tion in International Political Theory. During her studies she completed an internship at the UNICRI Public Information Department. She graduated in 2018 with a thesis on Jihadist terrorism and the challenges for the European Union. She is currently working with the S&S gemeinnützige Gesellschaft für Soziales mbH in Hamburg, in the area of communications and international cooperation.

8 For further details please take a look at our homepage: www.sapereaude-project.com/the-project/

72 A UNICRI

WINTER COURSE ON TRAINING ENVIRONMENTAL CRIMES Organized by UNICRI and the Italian The course deepens knowledge on environmental crimes and on how law Society for International Organization enforcement bodies and judicial systems are responding to the phenomenon. (SIOI) Among the topics addressed: international legal frameworks to prevent crimes against the environment; links between environmental crimes and human rights violations; involvement of organized criminal groups in environmental crimes, with a specific focus on trafficking of natural resources; waste trafficking and its impact on human health and security; wildlife crimes; risk analysis of environmental crimes; environmental conflicts and justice; individual, corporate and state accountability for environmental crimes The Faculty is composed by high level scholars and academics from leading universities and research institutes as well as representatives of SPRING COURSE the United Nations System and other international organizations. ON FOOD AND NUTRITION SECURITY Organized by UNICRI in cooperation A one-week intensive course to shed light on current issues related with John Cabot University to international migration. The curriculum of the course focuses on: international migration, trafficking in persons and right of asylum; internally displaced persons; irregular migration: balancing human rights and security; irregular migration by sea; migration and rural development; migration and the challenge of religious pluralism; migration, development and integration; global displacement. The Summer Course offers professional, legal, social, and academic perspectives through theoretical lectures, roundtable discussions, dynamic case studies, and practical exercises. The Faculty of the Summer Course is composed of leading scholars and academics from John Cabot and other universities, representatives of the United Nations system, SUMMER COURSE international human rights bodies and civil society organizations. ON MIGRATION AND HUMAN RIGHTS

Organized by UNICRI in cooperation The course provides participants with a fundamental understanding of with John Cabot University main determinants and issues connected to food and nutrition security, among which: towards the multidimensional definition of food and nutrition security; the UN strategy for Goal 2 “Zero Hunger”; the four dimensions of food security; legal tools on right to food, food safety and security; food industry and food fraud: counterfeiting and adulteration; food industry and food waste; climate change impacts on food supply; migration and food insecurity; access to food and conflicts; food emergency and food aids; innovation for the future: blockchain for Zero Hunger. The Spring Course combines theory-based lectures with roundtable discussions, challenging case studies, and practical exercises. The Faculty is composed of leading scholars and academics from JCU and other universities, as well as international legal experts from the United Nations system, international and non-governmental organizations, and civil society.

For further information on the courses, please send an email to [email protected] SDG 14: stepping up international efforts to tackle ocean plastic pollution

by Jivan Dasgupta

Eight to twelve million tons of plastics end up in the oceans every year. One of the targets of Sustainable Development Goal (SDG), Goal 14 on life below water, calls upon states to prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris, by 2025. Following China’s ban of all imports of non-industrial plastic wastes in 2018, exports of plastic wastes by high-income countries have shifted to South East Asian countries putting unbearable stress on their waste management systems. Despite worldwide attention devoted to the ocean plastics crisis, these practices are likely to aggravate the problem. It shows that current efforts are not sufficient to achieve the SDG target 14 for marine plastic litter and microplastics.

74 SDG 14: stepping up international efforts to tackle ocean plastic pollution

China and South East Asia are Half of all plastic waste in- control at special treatment considered the largest plas- tended for recycling (14 mil- facilities. This has resulted in a tic polluters of the oceans.1 lion tons/annum) is export- surge of illegal recycling facili- Strong economic growth in ed by high-income countries. ties, illegal dumping in the (ma- this region has not gone hand These waste streams are often rine) environment and open, in hand with a parallel devel- mixed or contaminated, ren- unregulated burning of materi- opment of waste management dering them more difficult (or als.4 Substantial environmental systems. Nevertheless, high-in- impossible) to recycle. Before and health risks are associated come countries are exporting the 2018 import ban, China was with these practices. significant amounts of plastic importing half of their plastic waste intended for recycling scrap (7 million tons).3 High-in- to this region. Weaker envi- come countries integrate these Waste traders ronmental regulations and law exports in their “recycling” sta- have also been enforcement in these coun- tistics without monitoring the redirecting plastic tries make treatment of plastic fate of this plastic scrap in the scrap to other wastes more competitive. Dis- importing country. crepancies in environmental markets with laxer standards are driving forces for environmental transboundary movements for Surge in illegal regulations all sorts of waste from indus- practices trialized countries to emerging and developing economies.2 The China import ban has sent In recent months, these ASE- shock waves into the global AN countries have responded plastic waste trade. High-in- by imposing temporary import SDG 14 on life below come countries have underin- bans and restrictions. However, water calls upon vested in domestic recycling these restrictions are partially states to prevent capacity for years. As a result, circumvented by illegal traf- and significantly the bulk of these plastic wastes ficking. These practices go from has been relocated to countries classifying waste as second hand reduce marine within China’s vicinity such as goods or raw materials to mix- pollution of all Malaysia, Thailand and Viet- ing different types of waste and kinds, in particular nam. These countries lack the transporting waste on the black from land-based infrastructures to manage their market. Waste traders have also activities, including own waste, let alone an abrupt been redirecting plastic scrap to marine debris, increase of low quality waste other markets with laxer envi- by 2025 streams which should be treat- ronmental regulations such as ed under strict environmental Indonesia and India. It shows

1 J. R. Jambeck et al., Marine pollution. Plastic waste inputs from land into the ocean, Science 347, 2015, p 768-771. 2 D. Kellenberg, Trading wastes, Journal of Environmental Economics and Management 64, 2012, p 68-87; J. R. Kitt, Waste Exports to the Developing World: a global response, The Georgetown International Environmental Law Review vol. 7, 1995, p 485-514. 3 A. L. Brooks et al., The Chinese import ban and its impact on global plastic waste trade, Science Advances Vol. 4, no. 6, 2018, DOI: 10.1126/sciadv.aat0131; C.A. Velis, Global recycling markets - plastic waste: A story for one player – China. Report prepared by FUELogy and formatted by D-waste on behalf of International Solid Waste Association - Globalisation and Waste Management Task Force. ISWA, Vienna, 2014. 4 Global Alliance for Incinerator Alternatives, Discarded - Communities on the Frontlines of the Global Plastic Crisis, 2019; Green- peace Malaysia, The Recycling Myth – Malaysia and the Broken Global Recycling System, 2018; Shen Qu et al., Implications of China’s foreign waste ban on the global circular economy? Resources, Conservation & Recycling 144, 2019, p 252-255.

75 F3 Magazine Planning resiliency: shaping the future

that waste follows the path of tic wastes. In other words, the There is a need to look at the least resistance. importing country is allowed to broader picture. The overall refuse the shipment, for exam- weakness of the Basel Conven- ple, if it does not have the cation in addressing the ocean Limitations of the pacity to manage it in an envi- plastic pollution and the cur- Basel Convention and ronmentally sound manner. rent chaos in global plastic waste trade lies in its core reg- other treaties This amendment is a big step ulations, focused on the final forward within the framework (waste) phase in the lifecycle In May 2019, state parties decid- of the Basel Convention. How- of plastics. ed to place plastic waste under ever, policing and enforcement the control mechanism of the of the international waste trade Basel Convention on the Con- (regulations) are inadequate in Without rigorous trol of Transboundary Move- both exporting and importing enforcement ments of Hazardous Wastes and countries.5 Without rigorous capacities, illegal Their Disposal. The underlying enforcement capacities, illegal trafficking lurks objective of the Convention is trafficking lurks right around to improve the environmental- the corner. Furthermore, the right around the ly sound management of haz- Basel Convention’s contribu- corner ardous wastes and reduce their tion to enhancing the treatment international trade through en- and disposal of plastic wastes hancement of trade controls. near the source of generation “Upstream” processes in the Once the amendment comes and limiting the export to coun- lifecycle of plastics contribute into force, an exporting country tries with lower environmental largely to the current state of af- needs prior permission of the standards has been limited. fairs. Strong population growth importing country to ship plas- and unrestrained consumption

5 B. Appelqvist and J. Cooper, Waste Trafficking, Challenges And Actions To Be Taken, The International Solid Waste Association.

76 SDG 14: stepping up international efforts to tackle ocean plastic pollution

have caused the production of value plastic wastes. Chemicals all sources on land and at sea. plastics to explode: from 1.5 added to plastic products in or- However, UNCLOS is a frame- million in 1950 to 348 million der to enhance their function- work convention with general tons in 2018.6 In the 21st cen- ality or aesthetic value hinder principles and does not pre- tury alone, more plastics were the recycling process. If plastic scribe specific measures nor produced than in the whole 20th materials end up in the oceans, environmental standards. century. In a business-as-usual these toxic substances may scenario, global production is leach into the marine environ- expected to quadruple by 2050. ment, negatively affecting ma- A new international rine fauna. framework on This exponential growth is ex- acerbated by poor recycling There is no binding interna- prevention rates. The global recycling rate tional convention with the pri- for all plastics ever produced is mary objective to address land- Besides the improvement of only 9%7: 12% was sent for in- based activities causing marine waste management, interna- cineration and the remaining (plastic) pollution or the nega- tional efforts should focus pri- 79% was either landfilled or tive impacts of the globalized marily on the reduction and released into the (marine) en- lifecycle of plastics.8 The Con- stricter regulation of primary vironment. The problem is that vention on the Law of the Sea plastics production as well as the design of plastic materials (UNCLOS) is the only legally waste minimization. The way does not take into account the binding international treaty forward is to create a new legal- after use needs of recycling. obligating states to take meas- ly binding international frame- This is why high-income coun- ures to prevent, reduce and work that encourages global ac- tries prefer to export their low control marine pollution from tions across these pillars.

6 PlasticsEurope, Plastics – the Facts 2018 - An analysis of European plastics production, demand and waste data, 2019. 7 R. Geyer et al., Production, use, and fate of all plastics ever made, Science Advances 3, 2017, e1700782. 8 See also, UN Environment 2017, Combating marine plastic litter and microplastics: An assessment of the effectiveness of relevant international, regional and subregional governance strategies and approaches.

77 F3 Magazine Planning resiliency: shaping the future

The starting point for this cycle, and significant reduc- is enshrined in UNCLOS. The framework would be to quan- tion of their release to air, Convention provides that states tify the “significant reduction” water and soil by 2020 (tar- shall “endeavor” to establish target of SDG 14. Without quan- get 12.4); global rules on land-based tification, this vague reduc- sources of marine pollution, tion target is merely adding up ÎÎ substantial reduction of waste whilst for sea-based sources to the numerous general and generation through preven- the wording “shall establish” is vague provisions in the existing tion, reduction, recycling and used.10 States have been reluc- international legal framework. reuse by 2030 (target 12.5). tant to give up national sover- eignty on land-based sources States should have more ambi- States should avoid unnecessary as they are profoundly inter- tion by setting binding global (or packaging and create a circu- twined with national economic regional) reduction targets to lar economy for plastics where policy. International regula- achieve zero discharge of (plas- design and format facilitates re- tions on sea-based sources of tic) litter and micro-plastics into use and recycling and the waste marine pollution, on the other the (marine) environment in management system is aligned hand, are more advanced. The the long term. Based on these with these recovery practices. Marpol Treaty, which prohibits targets for gradual reduction of the discharge of plastic garbage marine plastics, states should Considering that at least 2 bil- by ships, and the London Proto- establish national action plans lion people worldwide lack ac- col, which prohibits the dump- consisting of national reduction cess to solid waste collection, in ing at sea of plastic waste from targets and concrete measures. particular in developing coun- land, both illustrate this. tries, it goes without saying that The priority of these action plans the development of basic waste Therefore, a new international should be to prevent (plastic) lit- management facilities in these framework must demonstrate ter from entering the (marine) countries is a key component greater ambition by imposing environment.9 The most direct of prevention. specific additional measures at way to do so is by committing to the international level. more waste prevention and im- The Paris Climate Accord may proved waste management. In serve as a model for a new in- The most straightforward “up- this regard, SDG 12 on sustaina- ternational framework. Such an stream” measure is to cap pri- ble consumption and production approach has the merit of cre- mary global plastics production is of particular relevance. SDG 12 ating a more level playing field from 100% fossil fuel sources. targets include achieving: between states and mobilizes The political feasibility of such international financing. a measure is however unlikely. ÎÎ sustainable management and efficient use of natural re- However, the flaws in the cur- A more acceptable solution sources by 2030 (target 12.2); rent international legal frame- may consist of banning or re- work lie in the broad margin stricting (on a global scale) the ÎÎ environmentally sound man- of discretion states have to production and use of the most agement of chemicals and all regulate land-based sources of harmful single use plastics,11 wastes throughout their life marine plastic pollution. This chemical additives and mi-

9 See also United Nations Environment Assembly, Resolution 3/7 “Marine litter and microplastics”, 4-6 December 2017. 10 Article 207, 4 and 211,1 UNCLOS. 11 See also, UN Environment, Legal Limits on Single-Use Plastics and Microplastics: A Global Review of National Laws and Regulations, 2018, https://www.unenvironment.org/news-and-stories/press-release/regulatory-landscape-single-use-plastics-shows-wide- spread-momentum. 78 SDG 14: stepping up international efforts to tackle ocean plastic pollution

cro-plastics. This can certainly (developed countries) and coun- acerbate environmental plastic be done for plastic materials for tries with a high rate of misman- pollution. It reveals the structur- which affordable and more en- agement of plastic waste (emerg- al shortcomings in upstream and vironmentally sound alterna- ing and developing countries). downstream processes in the tives exist or can be developed. Dependent on the allocation to globalized lifecycle of plastics. A a certain category, states should new binding international agree- The mechanism of the Montre- set additional binding nation- ment is recommended to address al Protocol, which successfully al reduction targets for the re- these shortcomings and elimi- phased out substances depleting spective parameter. nate discharge of plastics into the the ozone layer, may serve as a (marine) environment. model for this option. Likewise, A global fund may support the the European Union adopted in implementation of all these ac- Worldwide attention to marine 2019 a directive to ban the single tions, in particular in the devel- plastics has led to an unprece- use plastics most found on Eu- oping countries. dented momentum to imple- ropean beaches, such as plastic ment far-reaching measures. cutlery, cotton buds and straws. It is upon state leaders to grasp Conclusion this opportunity and stop treat- Furthermore, participating coun- ing our oceans as a final dump tries can be divided into two cate- The current crisis in the global for plastic wastes and to pre- gories: countries with a high plas- plastic waste trade results in il- serve the vital role the oceans tic waste generation per capita licit practices which further ex- play for our planet.

The Author

Jivan Dasgupta is a senior researcher at Ghent University (Belgium), Department of International, Public and European Law. His research primarily focuses on the development of a legal framework to tackle marine plastics and deep-sea mining in areas beyond national jurisdiction.

Prior to his academic activities, Jivan Dasgupta was a lawyer at the Brussels bar (Belgium) and served as advisor to a Belgian Deputy Prime Minister on energy and maritime transport policy. He also acted as in-house legal counsel for companies active in renewable energy, waste treatment and the development of maritime infrastructures and industrial zones. 79 Infocus

Obligation to Investigate Minimum Investigative Standards under Article 2 of the ECHR, and Their Applicability to Post-conflict Situations

by Andrey Antonov © Photo by R. LeMoyne/ UNHCR Infocus

The Convention for the Pro- ing violations are binding on Article 2 of the Convention tection of Human Rights and the States in question, who are protect the most important Fundamental Freedoms (or Eu- then obliged to execute them. right – right to life, of which ropean Convention on Human no derogation is possible.1 Is- Rights; hereinafter – ECHR, the sues related to the right to life Convention) is a Treaty aimed The Convention also arise from inter-state com- at the protection of human for the Protection plaints, but the most of availa- rights and political freedoms of Human Rights ble case-law is stemming from in Europe. The Convention and Fundamental the application and interpreta- was adopted in 1950 and en- tion of the ECHR by the Euro- tered into force on 3 Septem- Freedoms pean Court. ber 1953. All Member States of (or European the Council of Europe are party Convention on While applying and deciding to the Convention. ECHR also Human Rights; upon the relevant parts of the establishes the European Court hereinafter – ECHR, Convention, the ECtHR devel- of Human Rights (hereinafter – the Convention) is oped significant body of juris- ECtHR, European Court), which a treaty aimed at prudence, which interpreted receives, considers and deliv- many provisions of the Con- the protection of ers judgments over complaints vention, thus at times present- of any person who feels his or human rights and ing new concepts, which have her rights have been violated political freedoms been then accepted and carried by a State party to the Conven- in Europe forward by other bodies and in- tion. ECtHR’s judgments find- stitutions. The concept of pro-

1 Article 15-2 of the ECHR.

82 Obligation to Investigate cedural obligation to investigate must conduct sufficient inves- ÎÎ the materials and conclu- under Article 2 of the ECHR is tigation into any suspicious sions of the investigation one of those concepts. death. In the first case of its should be sufficiently acces- kind, McCann and Others, the sible for the relatives of the This concept had largely emerged ECtHR said: “The obligation to victims, to the extent it does from the situations of obvious protect the right to life under not seriously undermine its loss of life in life-threatening this provision, read in conjunc- efficiency; situations, where the investigation with the State’s general tive material presented to the duty under Article 1 of the Con- ÎÎ the investigation must also reviewing experts at the Euro- vention to ‘secure everyone be capable of leading to a de- pean Commission and then EC- within their jurisdiction the termination of whether the tHR was so poor, that there were rights and freedoms defined in death was caused unlawfully simply not sufficient grounds to Convention’, required by im- and if so, to the identification assess whether the death was in plication that there should be and punishment of those re- violation of the obligation to pro- some form of effective official sponsible.6 tect life. This concept became a investigation when individuals very effective tool to ensure that have been killed as a result of Detailing more the criteria of the authorities would not be able the use of force by, inter alios, independence, and particularly to avoid responsibility under agents of the State.”4 in relation to the alleged killings Article 2 through intentional or by “state agents”, the ECtHR negligent conduct of poor inves- states that for an investigation tigation.2 Subsequently, Article 2 Criteria of Effective to be effective, it may general- provisions were also extended to Investigation ly be regarded as necessary for cover cases of disappearances in the persons responsible for car- life-threatening situations.3 To be considered an effective rying out the investigation to be investigation, an investigation independent from those impli- In simple terms, this concept should fulfil several basic re- cated in the events. This means means that the State authorities quirements, formulated in the not only a lack of hierarchical are not only obliged to ensure ECtHR’s case-law:5 or institutional connection but that the right to life of no one also a practical independence.7 under their jurisdiction is vio- ÎÎ it should be thorough; The fact that the investigation lated, neither by anyone acting is to be performed “by an ap- on behalf of a State, or in their ÎÎ it should be expedient; propriate and impartial body” private capacity (which is the is also emphasised in the case- substantive obligation - under ÎÎ it should be sufficiently in- law of the United Nations Hu- Article 2 para 1), but they also dependent and impartial; man Rights Council (UN HRC),

2 See, among others: Tanrikulu v. Turkey [GC], no. 23763/94, judgment of 8 July 1999, §§ 69, 87, 96, 109-110, UCHR 1999-IV; Güleç v. Turkey, 27 July 1998, §§ 81-82, Reports of Judgments and Decisions 1998-IV; Finucane v. the United Kingdom, no. 29178/95, § 82-84, ECHR 2003-VIII. 3 See, among others: Palić v Bosnia and Herzegovina, no. 4704/04, 15 February 2011; Bazorkina v. Russia, no. 69481/01, 27 July 2006; Aslakhanova and Others v. Russia, nos. 2944/06, 8300/07, 50184/07, 332/08 and 42509/10, 18 December 2012. 4 ECtHR, McCann v. United Kingdon, no. 18984/91, judgment of 27 September 1995, § 161. 5 See: ECtHR [GC], Finogenov and Others v. Russia, nos 18299/03 and 27311/03, § 270–272 6 See: ECtHR [GC], Varnava and Others v. Turkey, nos 16064/90 and others, judgment of 18 September 2009, § 191; ECtHR, Palić v. Bosnia and Herzegovina, cited in footnote 11 above, at § 63. 7 See: ECtHR, Hugh Jordan v. the United Kingdom, judgment of 4 May 2001, § 105; ECtHR [GC], Giuliani and Gaggio v. Italy, [GC], no. 23458/02, judgment of 24 May 2011, § 300; ECtHR [GC], Ramsahai and Others v. the Netherlands, no. 52391/99, judgment of 15 May 2007, § 325.

83 Infocus

© UN Photo/Eric Kanalstein especially in cases of disap- sion which coincides with the findings, including the cause pearances.8 claimant’s account of events, of death; the ECtHR stresses that this procedural obligation “is not ÎÎ make a serious attempt to find The fact that the an obligation of results but of out what happened and do not investigation is to means.” Therefore, the investi- rely on hasty or ill-founded be performed “by gation will satisfy the require- conclusions to close their in- an appropriate and ment of “thorough investiga- vestigation or as the basis of tion” if: their decisions;9 impartial body” is also emphasised ÎÎ the authorities take whatev- ÎÎ the investigation was capable in the case-law of er reasonable steps they can of leading to the establish- the United Nations to secure the evidence con- ment of the facts of the case Human Rights cerning the incident, includ- and, if the allegations prove to Council ing, inter alia, eye-witness be true, to the identification testimony, forensic evidence and, possibly, the punishment and, where appropriate, an of those responsible;10 At the same time being realis- autopsy which provides a tic and acknowledging that in complete and accurate re- ÎÎ the investigation’s conclusion practice not every investiga- cord of injury and an objec- are based on thorough, objec- tion should necessarily be suc- tive analysis of the clinical tive and impartial analysis of cessful nor come to a conclu- all relevant elements. Failing

8 See: HRC, Joaquín David Herrera Rubio et al. v. Colombia, § 10.3, Communication No. 161/1983, U.N. Doc. CCPR/C/OP/2 (1990); HRC, Basilio Laureano Atachahua v. Peru, § 8.3, Communication No. 540/1993, U.N. Doc. CCPR/C/56/D/540/1993 (1996). 9 See: ECtHR [GC], El-Masri v. “the former Yugoslav Republic of Macedonia”, no. 39630/09, judgment of 13 December 2012, § 183; ECtHR [GC], Mocanu and Others v. Romania, nos 10865/09, 45886/07 and 32431/08, judgment of 17 September 2014, § 322). 10 See: ECtHR, Mahmut Kaya v. Turkey, no. 22535/93, judgment of 28 March 2000, § 124; see also ECtHR, Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, judgment of 14 March 2002, § 71.

84 Obligation to Investigate

to follow an obvious line of The European Court strongly the basis of all relevant facts enquiry undermines to a deci- states that any deficiency in and with regard to the practi- sive extent the investigation’s the investigation which under- cal realities of the investigative ability to establish the circum- mines its ability to establish work.13 stances of the case and the the cause of death or the iden- identity of those responsible.11 tity of the persons responsible Concluding this, we can say that, will risk falling foul of these following the logic and juris- standards.12 Nevertheless, the prudence of the ECtHR if the The investigation’s same authority likewise clearly above listed minimum stand- conclusion are states that the nature and de- ards are fulfilled (with a few based on thorough, gree of scrutiny which satisfy exceptions),14 the investigation objective and the minimum threshold of the will most probably be consid- investigation’s effectiveness ered effective,15 even if those impartial analysis depend on the circumstances responsible for the illegal loss of of all relevant of the particular case. Each of life were never held responsible elements the cases must be assessed on through criminal proceedings.16

11 ECtHR, Kolevi v. Bulgaria, no. 1108/02, judgment of 5 November 2009, § 201. 12 See, among others: Mikheyev v. Russia, no. 77617/01, 26 January 2006, §§ 107 et seq.; Assenov and Others v. Bulgaria, 28 October 1998, §§ 102 et seq.). 13 See ECtHR, Velcea and Mazăre v. Romania, no. 64301/01, judgment of 1 December 2009, § 105. 14 See par example: ECtHR, Perevedentsevy v. Russia, no. 39583, judgement of 24/04/2014; see for detailed analysis of the judgement: Antonov A., Grigorjev V. Decision of the European Court of Human Rights in the case Perevedentsevy v. Russia: new trends in old position (in Russian) // Questions of Jurisprudence (ISSN: 2073-5022), № 6(28), 2014, P. 219-242. 15 See, e.g.: ECtHR, Grand Chamber (GC), Varnava and Others v. Turkey, nos 16064/90 and others, judgment of 18 September 2009, § 191; ECtHR, Palić v. Bosnia and Herzegovina, cited in footnote 11 above, at § 63. 16 See, e.g.: ECtHR, Palić v. Bosnia and Herzegovina, cited in footnote 11 above, at § 65; ECtHR [GC], Giuliani and Gaggio v. Italy, no 23458/02, judgment of 24 March 2011, § 301, 326.

85 Infocus

Applicability including in a context of armed of Investigative The Court has held conflict.”19 Similarly, the HRC that “the obligation Standards to Criminal has held that the right to life, in- under Article 2 cluding its procedural guaran- Investigations in Post- to safeguard life tees, shall be considered as the Conflict Situations entails that, even supreme right from which no in difficult security derogation is permitted even The aim of this paper is not to in time of public emergency conditions, all reopen the ongoing discussion which threatens the life of the regarding the priority or com- reasonable steps nation.20 plementary application of in- must be taken ternational human rights law or to ensure that The Court has acknowledged international humanitarian law an effective, that “where the death (and dis- on the territory of an armed independent appearances) to be investigated conflict, and which norms es- investigation is under Article 2 occur in cir- tablish obligation to investi- conducted into cumstances of generalised vio- gate crimes committed there.17 lence, armed conflict or insur- The focus is on the applica- alleged breaches of gency, obstacles may be placed bility of the above procedural the right to life in the way of investigators and obligations equally to the in- concrete constraints may com- vestigations conducted in con- pel the use of less effective flict/post-conflict time, and in In situations of conflict or gen- measures of investigation or peacetime conditions. Further- eralised violence, the Europe- may cause an investigation to more, this paper discusses if the an Court on Human Rights has be delayed.”21 standard minimum set (algo- established the applicability of rithm) of actions shall also be Article 2 to post-conflict situ- Nonetheless, the Court has held fully completed, and the stand- ations, including in countries that “the obligation under Ar- ards complied with, or wheth- of the former Yugoslavia.18 The ticle 2 to safeguard life entails er some requirements may be Court has further held that the that, even in difficult security omitted, or deviated from dur- procedural obligation under conditions, all reasonable steps ing “turbulent times”. Article 2 continues to apply in must be taken to ensure that an “difficult security conditions, effective, independent investi-

17 See.: Dugard J. Bridging the gap between human rights and humanitarian law: The punishment of offenders // International Review of the Red Cross, 30-09-1998, № 324 [electronic source] – https://www.icrc.org/eng/resources/documents/article/other/57jpg6.htm (accessed on 20.05.2018); Русинова В.Н. Преследование нарушений международного гуманитарного права на основании принципа универсальности // Международное публичное и частное право, Москва, 2005, № 6б С. 21-26. 18 See, among other examples: ECtHR, Palić v. Bosnia and Herzegovina, cited in footnote 11 above, and ECtHR, Jularić v. Croatia, no. 20106/06, judgment of 20 January 2011. 19 See, e.g.: ECtHR [GC], Al-Skeini and Others v. the United Kingdom, judgment of 7 July 2011, no. 55721/07, § 164; ECtHR, Güleç v. Tur- key, judgment of 27 July 1998, § 81, Reports 1998-IV; ECtHR, Ergi v. Turkey, judgment of 28 July 1998 , § 79 and 82, Reports 1998-IV; ECtHR, Ahmet Özkan and Others v. Turkey, cited above, § 85–90, 309–320 and 326–330; Isayeva v. Russia, cited above, § 180 and 210; ECtHR, Kanlibaş v. Turkey, no. 32444/96, judgment of 8 December 2005, § 39–51. 20 See.: HRC, General Comment No. 6, 30 April 1982, § 1; HRC, Abubakar Amirov and Aïzan Amirova v. Russian Federation, communication no. 1447/2006, views of 22 April 2009, § 11.2, CCPR/C/95/D/1447/2006 21 See, e.g.: ЕCtHR [GC], Al-Skeini and Others v. the United Kingdom, cited above, § 164; ECtHR, Bazorkina v. Russia, no. 69481/01, judgment of 27 July 2006, § 121.

86 Obligation to Investigate gation is conducted into alleged of priorities and resources, the countered certain objective breaches of the right to life.22 European Court stresses that difficulties due to war and post- what amounts to an impossible war situation, the authorities’ Furthermore, while acknowl- and/or disproportionate burden inactivity for long subsequent edging that that Article 2 must must be measured by the “very periods could no longer be justi- not be interpreted in a way particular facts and contexts.”23 fied.24 Similar requirements are which imposes an impossible or established for the situations re- disproportionate burden on the At the same time, the ECHR lated to disappearances, torture authorities, either in the con- holds that even if the investi- and other kinds of inhumane text of policing activities or that gation could initially have en- and degrading treatment.25

The Author

Andrey Antonov is a Russian lawyer, a former police captain. After obtaining his PhD in Tactics of Criminal Investigation and Criminal Procedure, in 1999, he taught Theory of Criminal Investigation in the police university in Krasnodar, Russia, when he joined his first UN peacekeeping mission – UNMIK (Kosovo). Since that time, he worked for the UN in different capacities investigating war crimes and organized crime in Kosovo, providing legal support to UN missions (Sierra Leone), ensuring good conduct of UN personnel (Sudan and Kosovo), investigating serious misconduct (OIOS), and investigating serious violations of human rights by the UN Mission in Kosovo (Human Rights Advisory Panel) Currently he is the Head of Conduct and Discipline service at the UN Mission in Kosovo. This article presents some general findings from his UN sabbatical paper, completed in 2018, titled Criminal Investigation in Post-Conflict Environment by International Specialists (Organisational, Legal and Human Rights Aspects). Other, more practical and concrete findings and recommendations, will be presented in the articles to follow.

22 See, e.g.: ECtHR, Kaya v. Turkey, judgment of 19 February 1998, § 105, Reports of Judgments and Decisions 1998-I, at § 86‑92; ECtHR, Ergi v. Turkey, no. 23818/94, judgment of 28 July 1998, Reports 1998-IV; cited above, at §§ 82-85; ECtHR [GC], Tanrıkulu v. Tur- key, no. 23763/94, judgment of 8 July 1999, § 101–110, ECHR 1999-IV; ECtHR, Khashiyev and Akayeva v. Russia, nos 57942/00 and 57945/00, judgment of 24 February 2005, § 156–166; ECtHR, Isayeva v. Russia, cited above, § 215‑224; ECtHR, Musayev and Others v. Russia, nos 57941/00 and others, judgment of 26 July 2007, § 158–165; and many others. 23 See ECtHR, Palić v. Bosnia and Herzegovina, cited in footnote 11 above, at § 70; Brecknell v. The United Kingdom, no. 32457/04, judgment of 27 November 2007, § 62). 24 See e.g.: ECtHR, Jelić v. Croatia, no. 57856/11, judgment of 12 June 2014, § 92; ECtHR, Association “21 December 1989” and Others v. Romania, nos. 33810/07 and 18817/08, judgment of 24 May 2011, § 100. 25 See e.g.: Keller H., Chernishova O. Disappearance Cases before the European Court of Human Rights and the UN Human Rights Com- mittee: Convergences and Divergences; Human Rights Law Journal 32 (2012), P. 237.

87 Collective Human Action against Deepfakes

by Pierluigi Casale, Vladimir Osin, Grazina Raguckaja and Giulia Violatto

Introduction “All our knowledge begins with senses, proceeds to the understanding and ends with reason.”

For Immanuel Kant, our senses are the gate to perceive information from the environment and to generate our knowledge. Yet, in the age of advanced technology, our senses are easily becoming subject of manipulation. In such context, the fundamental question arises whether we, humans with manipulated sense, can continue relying on our own decision making. There has been an unprecedent progress in the quality of techniques for human image synthesis based on Artificial Intelligence (AI), which can manipulate our sense of sight. Deepfakes constitutes the most famous example of it. In just few years, many alarming examples of fake content have involved politicians, governments, technology leaders, and media celebrities. What does this mean for our future, the future of our societies and the future of our countries? What will this manipulation entail at the moment we exercise our rights as citizens and voters?

88 Collective Human Action against Deepfakes

Perhaps instead of jumping into ably powerful computers, have content, from images, to video, the complexity of these ques- the created AI systems known, to news. The so-generated fake tions, it is worth focusing on which, despite the term “neu- content is so plausible (see Fig- how our collective efforts can ral”, loosely resemble our brain. ure 1) that we humans have only help us preventing technology Nevertheless, these AI systems an average probability of 65% to from manipulating our senses. are capable to perceive the recognize its falsehood.3 This consideration served as a world in the same way we do. guiding principal for the solu- In fact, they can detect objects GANs are an open-source tech- tion developed by the Open|D- in pictures, recognize faces and nology. It means that everyone SE team in response to the understand human language. with a good computer, such as UNICRI challenge at the Hack- those used for gaming, can use athon for Peace, Justice and Se- GANs to generate their own curity (The Hague, June 2019). These AI systems original content. Tech com- Before proceeding with the de- are capable to panies have promptly seen scription of the solution, let’s perceive the world the benefits of using them for have a closer look at the AI in the same way commercial purposes. For ex- technology behind the creation ample, self-driving cars man- of this fake content. we do. In fact, ufacturers are using them to they can detect let the cars learn how to drive objects in pictures, autonomously using artificially Deepfakes: how does it recognize faces and generated content, e.g., weather work understand human and traffic conditions. Unfor- language tunately, GANs have become Deepfakes is the result of years widely known to the general of advancement in the field of public because of their usage to AI. The technology behind it is Imagine now we let two of this spread misinformation and dis- known as Deep Learning and AI systems play against each creditation. Deepfakes it’s the it dates back to the early ’40s, other. One of them tries to cre- most predominant example of when scientists developed the ate fake contents, e.g., fake fac- this usage.4 first artificial neuron, called the es. Its name is Generator. The Perceptron.1 The Perceptron, in opponent tries to understand if its function, resembles a neu- the content created by the Gen- FakeSniff against ron, the basic unit of the human erator is real or fake. Its name is Deepfakes brains. Nevertheless, it took few Discriminator. Which network decades before scientists proved wins the game? Up to now, the The UNICRI Centre for Artificial that networks of Perceptrons winner is the Generator. These Intelligence has promptly rec- can possibly behave like the hu- systems, known as Generative ognized the need to counteract man visual system.2 Nowadays, Adversarial Networks (GANs), the use of Deepfakes technolo- scientists with access to reason- are capable to create any type of gy for discreditation and made

1 “A logical calculus of the ideas immanent in nervous activity”. McCulloch, W. and Pitts, W., Bulletin of Mathematical Biophysics, 5:115–133, 1943. 2 “Neocognitron: A hierarchical neural network capable of visual pattern recognition.” Fukushima, K., Neural Networks 1:119-130, 1988. 3 “A Style-Based Generator Architecture for Generative Adversarial Networks”, Karras, T. Laine, S. and Aila, T. , International Confer- ence of Computer Vision and Pattern Recognition (CVPR), 2019. 4 “The Best (And Scariest) Examples Of AI-Enabled Deepfakes” Marr, B. Forbes, July 2019.

89 F3 Magazine Planning resiliency: shaping the future

Figure 1: Faces generated by GAN. These people don’t exist. Image courtesy (3) a call for action.5 Data scientists, ion module works alongside EN The beauty of the AI researchers and developers focusing on the explainability have been challenged to create solution is the of the results. This explainabil- innovative solutions to this rising crowdsourcing ity model is devoted to support problem. The Open|DSE team component which law enforcement agencies in ultimately succeeded to come up allows the system their decision-making process with the winning solution, also to be continuously when using the system. gaining the grand prize of the updated and being overall hackathon. The devel- able to upgrade the The FakeSniff interface (see oped solution is called FakeSniff. Figure 2) is a web-based appli- modules cation with social media fea- FakeSniff is meant to primarily tures. Anyone can connect to serve the general public. Single The formula of our solution re- the FakeSniff website, tagging users can use FakeSniff on lap- lies on two major components. content as real or fake, provid- top or mobile phone to detect The first one is the detection ing comments about why they fake content and receive an in- module. It contains one of the think a specific content is fake, stantaneous response in an easy most advanced Deep Neural signalizing and even upload and intuitive way. Nevertheless, Network available in the re- new content. The beauty of FakeSniff contains technical search community known as the solution is the crowdsourc- possibilities to address more de- EfficientNet (EN). EN provides ing component which allows manding needs of law enforce- an immediate and accurate de- the system to be continuously ment, courts and security agen- cision about fake contents, with updated and being able to up- cies. Recognizing these needs, the advantage to operate faster grade the modules. Conscious we prepared the system to ac- than other AI systems. EN has that people judgment can be commodate more complex and an accuracy to detect fake con- influenced by cultural, politi- accurate frameworks to address tent of more than 97% in com- cal, religious and personal bi- the rapid change of manipula- parison to human judgement ases, FakeSniff keeps currently tion techniques. that stands at 65%. A compan- track of the feedback to have an

5 https://www.hackathonforgood.org 90 Collective Human Action against Deepfakes

Figure 2: The FakeSniff interface. The AI core decides the probability of a certain content to be a fake. The FakeSniff Community shares contributions to help the AI core to improve its operations. understanding about the public The power of collective real, humans are the necessary perception of a certain content. human action addendum to beat the Genera- We are currently investigating tors. Does it mean that the war how to remove the human bias We believe that the human fac- between machines and humans and use the feedback to im- tor is fundamental in the de- has started? We don’t think so. prove its decisions. When suc- velopment of future technol- Technology is only a tool and, as ceeded, FakeSniff will be able ogies. FakeSniff wants to be an such, we need to drive its use in to automatically update itself example of this and, hopefully, the light of a collective benefit. and to provide more accurate a guidance. Our bet is that the decisions even in case of more human collective intelligence advanced manipulation algo- will be the truly differentiator We believe that rithms. We designed FakeSniff in counterbalancing the spread the human factor to fit multiple purposes and to of untrustworthy content. Nev- is fundamental in be incorporated in different ertheless, we, as humans, need the development of tools. The knowledge acquired to increase our capability of can be increased in the future recognizing fake content: na- future technologies. in a very efficient way and can ture didn’t equip us for that! FakeSniff wants to be able to adapt the system to FakeSniff is aimed for that goal. be an example of different contents without los- In this seemingly unfair GAN this ing the previous knowledge. competition between fake and The Authors

The Open|DSE team was composed by Pierluigi Casale, Vladimir Osin, Grazina Raguckaja and Giulia Vi- olatto. The team members are a heterogeneous team of data scientists, AI researchers and project manag- ers, working in both public and private sector organizations. Open|DSE is an open community that aims to spread knowledge and best practices in Data Science and Data Engineering. Members of Open|DSE regularly organize meetups and participate to hackathons to self-sustain the organization. For more information, visit https://open-dse.github.io.

91 © Photo by Matthew Henry on Unsplash 9 Online Privacy Myths Keeping You from Maximum Online Privacy

by Harold Kilpatrick

These are the days of big data and security breaches. This is a long-distance call to action. With the risks of governments rolling back data privacy regulations and explosive data processing controversies involving social media and companies, it is clear we need to talk about online privacy.

As hot a topic as online privacy has been, most people still fail to realize the scale and significance of the issue. Just think about it: Silicon Valley’s top minds are staking up their bank

92 9 Online Privacy Myths Keeping You from Maximum Online Privacy accounts at insane rates mining You might get the impression Yes, it is true that your individ- you. Since 2010, the advertising that private browsing mode con- ual activities on the Internet industry tripled in size all due ceals your IP address and virtu- are attributed to the public net- to the bleeding-edge data min- al location. Unfortunately, that’s work when you are connecting practices. Considering the not true in any case. In fact, each ed to one. However, that has exponential advancements of site you visit, while using pri- nothing to do with actual online Artifical Intelligence (AI) and vate mode, can identify your IP privacy as every unencrypted Machine Learning, no one is re- address even if it does not have connection your device makes ally sure what the future holds. cookies to provide all the spe- can be tracked and recorded by cific information. In fact, your snoopers or bad actors. Taking action to secure your ISP (Internet Service Provider) data is all good; however, some and other third-parties can track Now think for a minute just how misconceptions about online pretty much all your online ac- much information you share privacy could prove to be det- tivities with ease. online. Yes, all that data is up for rimental. Hopefully, clarify- grabs, and that’s a scary prospect. ing some of the most common At the end of the day, private Highly-skilled snoopers can get myths concerning online pri- browsing modes are an automatic their hands on your name, ad- vacy will allow you to main- way to delete your browsing his- dress, social security number, tain your data security at all tory but not a legitimate measure and other sensitive information times. to ensure online privacy. by simply intercepting an unse- cured public network.

Private browsing mode Public WiFi ensures ensure online privacy online anonymity Virtual Private Networks guarantee That’s a biggie, to put it light- The importance of public WiFi ly. Every browser has a pri- can not be overstated. Hav- online privacy vate-browsing setting whether ing the ability to connect on it’s called Incognito mode, Private the go is becoming an essen- Virtual private network, com- Browsing, or InPrivate Browsing. tial part of our daily lives, and monly known as VPN, is quick- Though the names are catchy, the with the increasing coverage ly becoming an essential part of reality of the matter is not what of public WiFi, our lives are everyone’s online experience. you might anticipate.1 more interconnected than ever That’s mostly due to VPN’s before. Unfortunately, people ability to establish a secure and In reality, private browsing rarely think twice about such private connection to the Inter- sessions do very little to pro- networks’ security. What is net. By rerouting all traffic that tect the data you share online. even more concerning is the travels between your device Yes, when using a private mode, misconception that quite a few and the web’s servers, a VPN browsing history, passwords, users hold - public networks to creates a secure tunnel that is searches, cookies, and tempo- ensure online anonymity. The virtually impenetrable. rary files will not be saved or level of ignorance is alarming, logged. While that is great, it as such claims couldn’t be fur- However, not all VPNs can be does not ensure online privacy ther from the truth. trusted. You might have heard in any significant way. of a recent incident when it was

1 https://nordvpn.com/blog/incognito-mode-not-as-private-as-you-think/

93 F3 Magazine Planning resiliency: shaping the future

revealed that in spite of a high- not many VPNs on the market ing hackers are given a quite im- ly promoted no logs policy, the offering no logs policy, but you pressive number of entry points service provider allowed a third can find some - choose your to reach sensitive information. party to track down one of their VPN wisely. user’s online activities. The issue in regard to logs is a prev- Devices can be alent one in the VPN industry; Internet of Things protected better, however, most casual users do devices are not a and that’s a fact, not think twice about it before but unfortunately, choosing a VPN service. security and privacy liability everything has its After all, using a VPN service cost that keeps a record of all your According to the Gartner fore- online activities defeats the cast,2 the number of connected purpose of using it in the first devices may reach 20 billion by Devices can be protected bet- place. You should stay away 2020. The Internet of Things ter, and that’s a fact, but unfor- from free VPNs, as such servic- (IoT) market value is estimated tunately, everything has its cost. es are often related to data col- to reach $1.4 trillion by 2021, so Apparently, a more prominent lection. If logs of user activity apparently, the industry’s growth part of potential IoT users val- are kept, it is highly likely that pace is not going to slow down. ue low pricing more than better the data might be transferred to Every day at least 150 million safety solutions. We all know third parties. In fact, there are data points are generated mean- what the main business princi-

2 https://www.gartner.com/newsroom/id/3869181

94 9 Online Privacy Myths Keeping You from Maximum Online Privacy ple is: give people what they ask and other sensitive data, you are solutions, but to ensure your for. This is what they are doing: a target. Actually, all of us are. online security you will need companies offer low prices in- to buy some additional features stead of ensuring the security for a proper piece of software. of users’ devices, which also Cheap or free security Otherwise, you may have a saves them money. Howev- tools provide the misleading sense of security. er, let’s not be so pessimistic - probably it’s just a matter of necessary protection time as IoT is still in its infancy Hackers target only and needs time to develop the Usually, while choosing a prod- rich people best solutions. uct or service, cheaper or free options are usually considered Actually, it is the opposite. Usu- as the more attractive ones, and ally, a hacker’s goal is to hit as You shouldn’t worry there is no blame in it. Howev- many users as possible. In such about the privacy er, it’s essential to continuous- a situation, it is highly likely you ly remind yourself that behind could be a target. Hundreds of unless you hide every free software or a prod- thousands of people may have something uct there is a business. their sensitive data leaked and, after that, a hacker only needs Forget this. Today hackers’ best If you are not charged suffi- to go through it checking for any interest is not exposing ille- ciently or at all, most probably details that could lead to hack- gal online activities: they have in this situation, you are treated ing into a victim’s bank account their nefarious goals. Success- as the product yourself by the with little or no trouble at all. ful spying provides hackers the service or product providers. Just imagine the consequence control of your sensitive in- Your data might be used for cre- of that happening to you. formation that may be abused ating targeted ad campaigns and in different ways you have not even sold to third parties. Is the It is not only about the money even thought of. product or service worth it? It’s though. Hackers may seek for up to you to decide. copies of valuable documents, Have you ever thought that sensitive trade secrets and start your online information tak- blackmailing you afterwards. en out of the context might be Your data might be Your social media accounts may used against you? For example, also be of great use. used for creating you can even be associated with suspicious individuals who may targeted ad Another argument why it is be total strangers to you. Thus, campaigns and even highly unlikely that wealthy it is a no-brainer for hackers to sold to third parties people are the primary target for do that if they have all the data hackers is that they are wealthy they need. So, forget saying that enough to invest in hiring cy- you are not a target. If you have It is said that there’s no such bersecurity experts to protect a bank account (most probably thing as a free lunch and this themselves and their businesses you do), a social security number phrase can surely be applied from a severe harm that a hack here. You can find cheap or free could cause. It’s simply easier

95 F3 Magazine Planning resiliency: shaping the future

to spy on people who have poor setting, the transparency of it is achievable, but there are ways to security practices and know lit- highly doubted. come pretty near to this percent- tle about the subject. age. Using a trusted VPN service A scandal revealing the data of that ensures no logs policy along millions of users was allegedly with professional security soft- Private Facebook used for political aims, put a red ware, can go a long way. It is also profile ensures that no light on it and showed how ma- recommended to try changing your nipulatively third parties might everyday browsing habits. This way one accesses your data use our information. That is the scope of data you share with despite your friends why it is critical to take your others is going to decrease. security and online privacy se- Even though Facebook “Set- riously. Carefully go through all Additionally, it is important to tings” gives us loads of different the settings checking the infor- note that there are loads of cor- privacy and security options, mation you provide about your porations, governments (they there is a bunch of information activities as Facebook default should ensure digital rights and that is always shown publicly settings3 are highly open. appropriate safeguards), and such as name, profile picture, cybercriminals working hard to cover photo, username, user get as much sensitive data from id and gender. You should also Online anonymity is people as they can for different keep in mind that the apps you impossible to achieve aims, and it’s mainly up to us to add may acquire access to your decide what level of protection friends’ list. Even though Face- Being precise, absolute 100% an- we want to use to ensure our book allows you to adjust this onymity most probably is hardly online privacy and security.

The Author Harold Kilpatrick is a cyber security consultant and a freelance blogger. He’s currently working on a cyber security campaign to raise awareness around the threats that businesses can face online.

3 https://thehackernews.com/2018/06/facebook-privacy-setting.html

96 PUBLICATIONS

Artificial Intelligence and Robotics for Law Enforcement

“Artificial Intelligence and Robotics for Law Enforcement” has been published by the United Nations Interregional Crime and Justice Research Institute’s (UNICRI), Centre for Artificial Intelligence (AI) and Robotics, and Innovation Centre of the International Criminal Police Organization (INTERPOL). The report summarizes key findings, challenges and recommendations presented and discussed during the first INTERPOL - UNICRI Global Meeting on the Opportunities and Risks of Artificial Intelligence and Robotics for Law Enforcement held in Singapore on 11-12 July 2018.

ADDRESSING THE CHALLENGE OF DEEPFAKES UNICRI, through its Centre for AI and Robotics, and the Data Science Initiative of the City of The Hague, hosted a workshop on Deepfakes and manipulated videos at The Hague Security Delta. Infocus The Companion to International Humanitarian Law A practical approach to the dissemination of International Humanitarian Law

by Drazan Djukić and Niccolò Pons © UN Photo/Harandane Dicko Infocus

The Companion to Internation- Moving one-step backward, ations of unrest, to which only al Humanitarian Law, edited IHL is a set of international human rights law and domestic by Drazan Djukić and Niccolò rules, which establish what is law apply. Pons, aims to contribute to the permissible and impermissi- debate concerning the practical ble during international and dissemination and the applica- non-international armed con- IHL is a set of tion of International Humani- flicts. According to the well- international rules, tarian Law (IHL). With its sev- known jurisdictional decision which establish en essays and 265 substantive by the Appeals Chamber of what is permissible entries written by 98 experts the Yugoslavia Tribunal in the in the humanitarian field, the Tadić case, “an armed conflict and impermissible volume draws attention to the exists whenever there is a re- during international challenges and mechanisms sort to armed force between and non- enhancing IHL implementation States or protracted armed vi- international armed by practitioners. This concept olence between governmen- conflicts note explains the importance tal authorities and organized of the proper dissemination of armed groups or between such IHL for the purpose of strength- groups within a State.”1 Armed The main purpose of IHL is ening its implementation and conflicts are therefore extraor- therefore to strike a balance contextualizes the edited vol- dinary situations of violence between two competing forces. ume in this framework, by that differ from internal dis- The military necessity of each briefly describing its contents. turbances and tensions, such as belligerent party to weaken the post-electoral violence or situ- opponent’s military capabili-

1 Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, ICTY, Appeals Chamber, 2 October 1995, para. 70.

100 The Companion to International Humanitarian Law ties, on the one hand, and the contingent upon two distinct training programmes for sol- principle of humanity on the but equally necessary process- diers, military personnel and battlefield, on the other, whose es. First, the treaty must under- non-State actors. aim is to limit the suffering of go ratification by the respective those who do not or no longer States Party and incorporation The process of dissemination participate in the hostilities. into their own national legal and application of IHL norms Considering that armed con- system (legislative application exemplified above is not just flicts are, by their very nature, process). Second, the norms reflective of best practices or exceptional situations that af- contained in the treaty, to- reasonable expectations when fect greatly the life of people, gether with its procedures and it comes to determining what and that a discrete field of law mechanisms, must be dissemi- is lawful and unlawful in times was specifically developed to nated to armed forces, military of war. It is most notably en- tackle such situations, it is all and civilian decision-makers, shrined in the customary obli- the more important to ensure other individuals involved in gation of States to disseminate that IHL norms be actionable. the process of applying such IHL as widely as possible. Ac- In other words, they must be rules, armed groups, as well as cording to Articles 47, 48, 127 put in practice in the most ef- to the civilian population more and 144 common to the four fective way to the benefit of generally (practical application Geneva Conventions of 1949: those involved in or otherwise process). Likewise, when inter- affected by hostilities. national tribunals, such as the “The High Contracting Par- International Criminal Court, ties undertake in time of the ICTY or the ICTR deliv- peace as in time of war, to The main purpose er a decision that develops a disseminate the text of the of IHL is therefore new interpretation of IHL, or present Convention[s] as to strike a balance strengthen or change an exist- widely as possible in their between two ing one, a similar process of dis- respective countries, and, semination and operationaliza- in particular, to include the competing forces tion must take place. Decisions study thereof in their pro- and judgments of courts of law grammes of military and, if When it comes to transforming on matters of IHL have an impossible, civil instruction, so IHL norms into action, one can pact that goes well beyond the that the principles thereof make a distinction between the one in the criminal proceedings may become known to the applicability of norms and their to which they belong. The legal entire population.” application. The former refers advisers working with national to the quality of being relevant armies, the legislators, academ- or appropriate to a given situa- ics, organizations involved in Decisions and tion, while the latter concerns IHL will duly incorporate such judgments of courts the action of putting something findings in a variety of ways to of law on matters into operation. To put it with disseminate them and ensure of IHL have an an example, the drafting and their application. In practice, adoption of rules and their in- a new interpretation on an impact that goes clusion into a treaty banning IHL aspect can affect military well beyond the certain weapons or methods manuals, rules of engagement one in the criminal of warfare are certainly appli- for military personnel, nation- proceedings to cable to armed conflict. Their al laws, and they may be taken which they belong application, however, will be into account to devise new legal

101 Infocus

The 1977 Additional Protocol I, Its rationale is that “knowledge In this framework, the Compan- applicable to international of the law is an essential condi- ion to International Humani- armed conflict, uses a similar tion for its effective implemen- tarian Law discusses different wording in its Article 83, while tation.”3 mechanisms to foster the im- Article 19 of Additional Proto- plementation of IHL. Etienne col II, applicable to non-inter- Nevertheless, while IHL is a Kuster’s opening essay explains national armed conflict only, is relatively simple, intuitive and the challenges and opportu- less expansive yet clear: “[t]his dynamic field of law, it is not nities of disseminating IHL Protocol shall be disseminat- necessarily straightforward through academia. Academic ed as widely as possible.” The when it is brought into action. circles are a powerful forum common denominator of these Certain concepts may appear to implement the obligation to provisions is that they establish clear on paper, but when ap- disseminate IHL as they can di- a legal obligation to dissemi- plied to a concrete scenario, rectly intervene on future gen- nate IHL across all four Geneva they might generate uncertain- erations of decision-makers, on Conventions and their Addi- ties, raise moral objections and the one hand, and can already tional Protocols, both in time draw blurred lines.4 This is why interact with today’s military of war and in time of peace. a more accessible, practical and and civilian personnel involved Moreover, the implementa- interactive approach should be in armed conflict-related action of such obligation lies increasingly developed when tivities. In the second essay, with all States as it has crystal- bringing IHL from a normative Andrew Carswell and Jonathan lized a norm of customary law.2 level into action. Somer discuss ways of engaging

2 Rule 143 of the ICRC Customary IHL Study. 3 2016 ICRC Commentary to Article 47 Geneva Convention I, para. 2750. 4 Think for example of the rules governing conduct of hostilities, specifically the right to target combatants and civilians taking direct part in hostilities without all precautions normally applicable in time of peace under international human rights law. Or, the right to deprive combatants of their liberty without a due process of law and until the end of hostilities, on the sole basis that combatants may be interned as prisoners of war to avoid that they re-join their army and keep fighting.

102 The Companion to International Humanitarian Law

State armed forces and non- same. This mutual agreement identify a military objective. State armed groups to increase as to an enhanced application This essay therefore highlights respect for humanitarian rules of IHL goes to the ultimate the dangerous distortions aris- on the battlefield. In accord- benefit of civilians who do not ing out of an opportunistic ance with its Geneva Conven- or no longer take part in hostil- law-making process by States. tions-based mandate, the ICRC ities. In the next contribution, engages with all parties to an Azra Kuci and Jelena Plamenac armed conflict, whether they give an insight on an underex- A more accessible, are State armed forces or non- plored area, that of legislative practical and State armed groups, concerning measures at the national and interactive their IHL obligations. In par- international level in the field approach should ticular, in non-international of IHL. Law making is the pri- armed conflict where IHL is mary mechanism leading to be increasingly necessarily more rudimentary, the correct application of IHL. developed when engaging with all parties wheth- At the same time, however, the bringing IHL from er State authorities or armed legislative power can become a normative level groups, can enhance the range a distortive tool when States into action of rules applicable to the con- incorporate international pro- flict. In fact, both parties can visions from treaties into their agree to voluntarily apply more respective legislation by modi- The subsequent set of pieces fo- protective provisions (bor- fying the standards into a more cus on how judicial and quasi-ju- rowed from the legal frame- favourable one for the State it- dicial bodies can affect IHL im- work applicable to internation- self, for example by consider- plementation. Robert Heinsch al armed conflict) on condition ing members of armed groups examines the advantages and of reciprocity, that is to say that automatically as terrorists or challenges of the Internation- the opposing party does the by loosening the criteria to al Humanitarian Fact-Finding

103 Infocus

Commission envisaged in Ar- Nowadays, such commissions one hand, and Alessandra Spa- ticle 90 of the 1977 Additional of inquiry or mechanisms are daro, on the other, scrutinize Protocol I. This body, which becoming increasingly popular5 the role of the European Court activated its mandate in 1991, in lieu of establishing special for Human Rights (ECtHR) and was relied upon only recently tribunals, for the simple rea- of international criminal tribu- for the first time in the context son that there are not the right nals and courts in interpreting, of the armed conflict in Eastern conditions within the United developing and applying IHL. Ukraine. The author reflects Nations Security Council to set The ECtHR has increasingly on the reasons of States’ reluc- up institutions akin to the ICTY applied IHL in its decisions in tance around this body as well and ICTR, seen in the 90s. As order to interpret the human as on the perspectives for the such, it is important to under- rights obligations of States. In so revival of a theoretically very stand how these new types of doing, it has embarked in com- relevant tool to implement institutions, which are often plex inter-disciplinary analysis IHL. Théo Boutruche discusses mandated to apply IHL, can as to the interaction between the contribution of the various contribute to its interpreta- international human rights law United Nations Commissions tion and dissemination. Finally, and IHL on very controver- of Inquiry to the implementa- Damien Scalia and Marie-Lau- sial issues, primarily depriva- tion and clarification of IHL. rence Hebert-Dolbec, on the tion of liberty and conduct of

5 Such bodies take different names, mandate and structure and nowadays deal or have dealt with situations of armed conflict in Yemen, Myanmar, Burundi, Syria, the Occupied Palestinian Territories, South Sudan, Eritrea, Libya, Democratic People’s Republic of Korea, the 2009 and 2014 Gaza conflict (see https://www.ohchr.org/en/hrbodies/hrc/iicisyria/pages/independentinternational- commission.aspx). 104 The Companion to International Humanitarian Law hostilities. As to international 6 pages long, covering the vast Accordingly, this second part criminal tribunals, it is readily majority of IHL concepts and of the Companion to Interna- understandable how impor- notions. The entries explain all tional Humanitarian Law seeks tant their dissemination role major IHL treaties; the funda- to provide those who use IHL is, given their binding power to mental principles of IHL; the daily, in their professional or enforce verdicts and sentences types of armed conflicts; the cat- personal capacity, with an ac- for war crimes, which therefore egories of protected persons and cessible resource to quickly fa- contributes immensely to shap- objects; the various aspects gov- miliarize themselves with IHL ing the details of IHL. erning situations of occupation; issues, while being sufficiently war crimes with corresponding comprehensive and thorough to jurisprudence; aspects of con- allow more demanding users to An enhanced duct of hostilities; types of weap- conduct further research. By application of IHL ons, methods of warfare, always creating a link between the ac- goes to the ultimate with a primary focus on IHL. In ademic knowledge of experts benefit of civilians addition, the editors have cho- and researchers in IHL and the sen to insert entries dealing with practical and direct experience who do not or no concepts that either do not find of those working in war zones, longer take part in direct foundation in IHL or are the volume represents an ef- hostilities under-regulated, among many: fective instrument for achiev- refugees, stateless persons, ing the functional implementa- drones, terrorists, transitional tion of IHL. The second and most unique justice, economic warfare, ani- part of the volume collects 265 mals, and environment. alphabetical entries, from 1 to

The Authors

Drazan Djukic (LL.M ADH Geneva and PhD Tilburg University) is Associate Legal Officer with the Pre-Tri- al Division of the International Criminal Court and previously worked for the Defence at the International Criminal Tribunal for the former Yugoslavia. He is also the author of the monography ‘The Right To Appeal in International Criminal Law’.

Niccolò Pons (LL.M ADH Geneva) works in the field of refugee protection and detention monitoring. He worked as Associate Legal Officer at the Kosovo Specialist Chambers, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia.

105 Why collaborative communities are the future of youth empowerment and education

by Rudradeb Mitra

“You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.”

Richard Buckminster Fuller

Companies around the globe are finding it difficult to recruit the right talent, especially for emerging technologies like Artificial Intelligence (AI). A recent survey by EY and MIT Tech- nology Review1 showed that 48% of current challenges comes in emerging technologies from a shortage of skilled talent while on the other hand, the number of data scientists and machine

1 Building a Better Working Europe[online], EY Survey December 2018, Available at: https://assets.ey.com/content/dam/ey- sites/ey-com/en_gl/topics/attractiveness/EY-European-Attractive.pdf?download.

106 Why collaborative communities are the future of youth empowerment and education learning engineers has in- presents a case showing that if ing projects related to image creased tenfold in the last five you give them the right plat- analysis, and were intrinsically years, primarily due to access form to prosper, they can prove driven to learn and grow. to online education. to be equal if not better than the “best” in the world. The problem which the group This shows a huge market fail- was given to solve was nei- ure. One of the reasons for this ther very simple nor very market failure is that corpo- The community- complex. The objective was to rations are stuck with the old driven collaborative build a model to identify the form of hiring and managing shadow-free rooftop area on people and overlook a large model low-resolution satellite images. segment of the population who This was aimed at improving are well-trained and skilled, I conducted an experiment with solar adoption as users, with a but through online education. a group of 70 third and fourth- click of a button, will be able to This is the segment which is year undergraduate students analyze their solar rooftop po- “invisible” to the corporations. from non-elite universities, tential. Such systems have been living in remote parts of India. built in the West (for example, This segment of “invisibles” of- The goal was to see if they could the Google Sunroof project) ten come from remote parts of build a sophisticated machine but they all work on high-res- the world, are not educated in learning model. The selection olution images. Our goal was to the top universities and do not criteria were simple: they all did work on low-resolution images, come from affluent families, an online course on machine as these are more likely to be but many are highly motivated learning, have implemented at the resources available in most to learn and grow. This article least a couple of Machine learn- areas of the developing world.

TALENT POOL

Global top tier universities (MIT, Stanford, Cambridge, etc.)

Country top tier universities (KTH, ETH, EPFL, etc.)

THE “INVISIBLES” Mostly unknown universities Online courses + practical experience e.g. Kaggle competitions

Mostly unknown universities Online courses + no practical experience

107 F3 Magazine Planning resiliency: shaping the future

The challenges were huge: no can use AI to build products, tagged data, inexperienced de- and this opens up new opportu- This group of velopers with no prior work nities which would have been students realized experience and not from top not possible a few years ago. that if they universities, a group of people However, the work and hiring competed with each who never met each other, and model has not changed. Com- other they wouldn’t a small amount of money for panies still look for degrees, succeed product development. universities, and experience to hire people, so students not from the top of the pyramid Extrinsic motivation was Corporations are (see below) don’t have access to provided, but not “winner stuck with the old good work opportunities. When takes all”: form of hiring and given an opportunity, they are managing people highly motivated to prove and In the community the mentor show their skills. was at the top of the pyramid, and overlook a followed by the community large segment of the manager, then engineers work- The students collaborated, population who are ing on building models and fi- not competed: well-trained and nally data taggers. Members skilled, but through This group of students realized from each team were striving online education that if they competed with each to move up the ladder to reach other they wouldn’t succeed. the next level, which created an They think (rightly or wrong- extrinsic motivation. What happened in the next six ly) that they are not the best, months was truly amazing. The so they tried to utilize the pow- However, the monetary com- students collaborated and were er of the group and learn from pensation for people on the able to test multiple machine each other. It is doubtful that same level was the same. This learning models and build a such an approach would be the fostered collaboration. model with 80–85% accuracy case for people at the top of the in identifying areas of rooftops pyramid, who are often greatly As a mentor, I listened and for solar adoption. driven by competition. encouraged rather than taught: Looking back and connecting The collaboration also helped the dots, here are the things that in making the process of testing In a TED talk titled “School made this happen: models faster and leaner. Multi- in the cloud” by Sugata Mitra, ple teams were formed, each of the speaker says that the best which was independently able form of education is where the The selected candidates had to tag data and build models. teacher just encourages the stu- huge intrinsic motivation: Each of the teams started trying dents and lets the students learn In recent years education has different models and sharing from each other. This is what I been democratized through on- their learnings, thus utilizing did also. In fact, in many cases, line courses, open source code, the tactic of divide and conquer. the students knew more than and models, and emerging tech- Soon, one of the models came me and told me about machine nologies like AI have become out as the winner, based on the learning models I did not know more accessible. Anyone in al- accuracy of its results. of. What I did in return was to most any corner on the planet offer incentives like: writing

108 Why collaborative communities are the future of youth empowerment and education

Students from all over India - who have never met each otherr - collaborated to build a community driven Machine Learning product for the clean energy sector. From top-left: Jitendra, Abhigyan, Raghav, Devendra, Raika, Iresh, Jerin, and Shivani.

109 F3 Magazine Planning resiliency: shaping the future

Technical Mentor

Junior Engineer (Modeling) Rank and promotion order

Data Wrangler

articles, giving credits to the Creating inclusive and ent is everywhere and can be students who were part of the equitable learning accessed easily. community; providing certifi- opportunities for all cates and recommendation let- Smriti Bahugana, a recent mas- ters. These incentives encour- Goal 4 of the 2030 Agenda for ter’s student from IIT Guwaha- aged them to move up in rank Sustainable Development aims ti, adds: “It is also important to and mentor other students. The to “ensure inclusive and equi- see that such impacting projects above experiment demonstrat- table quality education and pro- do not need a heavy setup; we ed what I term as the Collabo- mote lifelong learning opportu- are working on our laptops, at rative Model, where individ- nities for all.” The Collaborative our homes, on something that uals driven by high intrinsic Model provides a groundwork we all are enthusiastic about.” motivation form a community to achieve this by offering the and the community members following advantages: Building trust and respect for collaborate to build AI and Ma- one another chine learning models. This Empowering youth and shar- makes the whole greater than A community can also help ing knowledge the sum of its parts. to build trust. Companies that Talent is not limited to certain emerge from communities areas (like the Bay area) but is share common values, beliefs, available everywhere - be it and often a bigger vision that in a small town like Novi Sad serves the long-term interests (Serbia) or Odessa (Ukraine) of those communities. This or in big cities like Ho Chi Minh builds more trust and makes (Vietnam). With today’s tech- people more willing to use such nological advancement, online systems and share their data, courses and available tools, tal- something which is receding in

110 Why collaborative communities are the future of youth empowerment and education products built by large corpora- others and this builds respect get to look at the problem from tions. for each other.” many perspectives.”

Helping to build a truly Building a decentralized, Companies that communal product through equal-opportunity and emerge from diverse opinions peaceful world communities share common values, Communities across the world Through this model people no with different values and per- matter where they are born or beliefs, and often spectives are needed to build live, if are equally talented, get a bigger vision that great products that strengthen equal access to work and op- serves the human capabilities and solve portunities. Additionally, peo- long-term pressing problems in today’s ple from diverse communities, interests of those and tomorrow’s world. Prod- who might dislike each other, communities ucts which are built from the can be brought together to col- incorporation of diverse opin- laborate and solve a common ions end up being more inclu- problem, thus creating an en- According to Piyush Choud- sive and appeal to a larger au- vironment of mutual trust and hury, a 4th year student of IIT dience. understanding and leading to (ISM) Dhanbad, “Since we a more peaceful world. This is work remotely, we need to Raghav Saraf, a 4th year student what the future world should trust each other more. Every- of Vellore Institute of Technol- be. A world where work is dis- one understands that a person ogy, says: “Everyone can share tributed, equal, transparent, and cannot be free all the time, thus their opinions to help solve the trustworthy and people collab- we adjust our time according to problem and this is great as we orate to solve real problems.

111 F3 Magazine Planning resiliency: shaping the future

Is it possible to build such a A personal story rience and no one was willing future? Yes, according to Iresh to hire her as an ML Engineer. Mishra, a 4th-year student of Before ending this article, I must She joined the above-mentioned Shri Mata Vaishno Devi Uni- tell a personal story. Six months project, worked during week- versity: “Any real-world prob- ago a girl named Shruti joined ends and evenings while keep- lem could be best solved if a the solar project. At that time she ing the full-time job and was in- group of people comes together worked as an Engineer in Oracle strumental in implementing the to put in their dedicated efforts. but was keen to become a Ma- most accurate Machine Learning When it comes to the collective chine Learning (ML) Engineer. model. She is now ready to be- efforts of dedicated individuals, She did some online courses and come a mentor. Stories like this Success is bound to occur!” also few projects online, howev- make this collaborative approach er, she lacked real-world expe- such powerful.

The Author Rudradeb Mitra started his career as an AI researcher in 2002 and worked with research labs, startups and banks to build AI products. During that period, he also published ten research papers on AI.

After graduating from the University of Cambridge, he built six tech startups. In the last two years, he is busy with sharing his knowledge and experiences. He is a mentor of Google Launchpad, MIT Enterprise, Impact Hub, and Founders Institute, an Entrepreneur in Residence at WeWork Labs, and a senior AI advisor of EFMA. He is also an invited speaker from 24 countries and has spoken at over 70 events. He is an avid writer and wrote his first book titled “Creating Value With Artificial Intelligence: Lessons learned from 10 years with building AI products.” His current interest is creating collaborative AI learning environments and building products with social value. He sees that AI have the ability to solve the fundamental problems of human society and improve existing services in banking, insurance, energy and healthcare.

112 ARTIFICIAL INTELLIGENCE AND ROBOTICS

Coding a peaceful, just and prosperous future together

UNICRI is advancing Through its Centre for AI and understanding of Artificial Robotics, the Institute is sharing Intelligence (AI) and robotics knowledge on the potential from the perspective of crime beneficial applications and prevention, justice, security and harmful effects or malicious use of human rights. such technologies. This section of Freedom From Fear includes the opinions and analyses of young people. Young people represent the most valuable capital countries have. Their opinions have to be heard and considered while designing and planning new strategies to build better societies.

by Mira Luoma

The recruitment of children raises many important questions, the most important being whether children should be recruited at all and what is the definition of a child. The most internationally accepted definition for a child soldier is established in the Cape Town Princi- ples 1997 by UNICEF: “any person under 18 years of age who is part of any kind of regular or irregular armed force or armed group in any capacity.”1 However, this is not a legal definition.

The issue of child soldiers is governed by three bodies of international law: international humanitarian law, international human rights law and international criminal law. The international humanitarian law is established in the four Geneva Conventions of 1949 (GCs)2 and their Additional Protocols of 1977 (APs)3 which are focused on the rules of armed conflicts. The main international human rights law governing the issue of the recruitment of children is the Convention of the Rights of the Child of 1989 (CRC)4 and the Optional Protocol on the Involve-

1 UNICEF, Cape Town Principles 1997. 2 The Geneva Conventions, 1949. 3 Additional Protocols to the Geneva Conventions, 1977. 4 Convention on the Rights of the Child, 1989.

114 International law on the recruitment of children ment of Children in Armed is applicable for international persons between the ages of 15 Conflict (OPAC), 2002. The in- armed conflicts only, allows and 18.11 When it was drafted, ternational criminal law is es- the recruitment of children be- it was commented that chil- tablished in the Rome Statute of tween the ages of 15 and 18 into dren between the ages of 16 19985 that regulates the jurisdic- the state armed forces.8 How- and 18 were more physically tion of the International Crim- ever, it prevents them from fit to fight than their fathers inal Court (ICC). Further, there directly taking part in hostili- and therefore would be more is customary international law ties. This leaves open the ques- preferred for the armed forces. which is not written in a stat- tion of what is meant by direct Further, due to the age structure ute but is universally binding to participation. According to the in many countries, there are ac- everyone. Second Additional Protocol tually more children capable of (AP2), which applies to non-in- fighting than people over the The GCs are silent on the is- ternational armed conflicts, age of 18.12 Under the APs chil- sues of recruitment and the persons under the age of 15 dren are eligible for two kinds participation of children in shall not be recruited by either of protection. First, children hostilities because these were the state armed forces or non- are considered to receive gen- originally considered as do- state armed groups and they eral protection as civilians and mestic decisions for states to shall not participate in con- secondly, children under the establish independently. Ac- flicts in any way.9 This means age of 15 receive special pro- cording to the GCs, children that both APs consider 15 as the tection if they fall into enemy are not participants in conflicts minimum age for recruitment hands.13 However, this protec- and are therefore protected as and participation. However, tion is very narrow and reflects civilians.6 The two APs to the this does not address the issue the fact that the APs are not GCs aimed to voice the issue of children between the ages designed to protect children as of children participating in the of 15 and 18. It should be noted combatants.14 conflict. There are two APs be- that the APs do not include any cause the Member States held measure of implementation or The CRC is a universal treaty that is was important to differ- monitoring which makes them which provides a definition for entiate the rules of an interna- less effective.10 a ‘child’: a person under the age tional armed conflict from the of 18. According to article 38 rules of a non-international Article 77 of the AP1 orders of the CRC, states must ensure armed conflict.7 The First Ad- states to give priority to the that persons under the age of ditional Protocol (AP1), which older children when recruiting 15 do not partake in conflicts

5 Rome Statute, 1998. 6 International Committee for the Red Cross ‘Legal Protection of Children in Armed Conflict’, (02-2003) https://www.icrc.org/en/document/legal-protection-children-armed-conflict-factsheet (accessed on 15-04-2018). 7 International Committee for the Red Cross: ‘Protocols I and II additional to the Geneva Conventions‘(01-01-2009) https://www.icrc.org/en/publication/0321-protocols-additional-geneva-conventions-12-august-1949 (accessed 14-04-2018). 8 Article 77 (2). 9 Article 4 (3) (c). 10 B Mezmur ‘Child at both ends of the gun’ (31-10-2005) University of Western Cape. 11 Article 77 (2). 12 G Van Bueren ‘The International Legal Protection of Children in Armed Conflicts’ (10-1994) Journal: International & Comparative Law Quarterly. 13 Additional Protocol, 1977, article 77. 14 Janet McKnight “Child Soldiers in Africa: a global approach to human rights protection, enforcement and post-conflict reintegration” (2010) 113 A.J.I.C.L.

115 © UN Photo/Paulo Filgueiras directly15 and shall take meas- Article 1 of the OPAC imposes an of 18 in any situation. This was urements to protect children obligation on the state to ensure confirmed by the Special Court affected by armed conflicts.16 that members of the state armed for Sierra Leone (SCSL) in the The main international hu- forces under the age of 18 do not case of Issa Hassan Sesay which man rights law regulating chil- take a direct part in the hostili- determined that non-state armed dren in conflicts is the OPAC. ties.18 According to article 2, the groups cannot recruit children In 2018, 167 states had ratified state is responsible for ensuring under the age of 18 ‘under any the Protocol and 12 other states that children will not be forcibly circumstances’.21 Even though had signed it making the law recruited to their armed forc- this case is not binding on states, nearly as universal as the CRC es.19 However, article 3 permits a it should be viewed as a good itself. The OPAC requires the state to accept voluntary recruits precedent on how the law should State Parties to introduce the without an age limit.20 Stricter be interpreted. protocol into domestic legisla- terms are applied when deter- tion, inform the public of the mining the rules of other armed The only protection the OPAC regulations, demilitarise chil- groups within a state under ar- provides for voluntary recruits dren from armed groups and ticle 4. Non-state armed groups under the age of 18 is that the aid them in reintegration to the are prevented from recruiting states recognise that they are communities.17 and using children under the age under a special protection un-

15 Article 38 (2). 16 Article 38 (4). 17 Article 6. 18 Article 1. 19 Article 2. 20 Article 3 (3). 21 Prosecutor v. Issa Hassan Sesay, Morris Kallon and Augustine Gbao 25-2-2009 SCSL-04-15-T.

116 International law on the recruitment of children

© UNMISS der the OPAC.22 Further, OPAC rect participation as well as the There are practical issues in suggests that states set the min- idea of a voluntary recruitment the states guaranteeing that no imum age of voluntary recruit- of a person under the age of 18. person under the age of 18 is ment according to the CRC ar- However, these principles are recruited to the armed forces. ticle 3823 which sets the limit not enforceable law. The OPAC states that a ‘reliable of direct participation at 15.24 proof of age’25 must be shown These two articles seem to be upon recruitment but this is inconsistent with each other Article 1 of the hard to fulfil in many States, as article 1 sets a clear limit at OPAC imposes an where national birth registra- 18 and article 3 provides a way obligation on the tion systems are weak or un- 26 around it. Further, the OPAC state to ensure that reliable. Various internation- fails to distinguish what is al human rights bodies argue meant by a direct or an indirect members of the against prosecuting children for participation and brings a ques- state armed forces the grave breaches because it tion whether it is ever possible under the age of harms their chances for reha- for a person under the age of 18 do not take a bilitation and it is controver- 18 to truly volunteer. The Cape direct part in the sial to the state’s responsibility Town Principles attempted to hostilities. to demilitarise children and to solve these issues by abolishing provide them with the neces- the concepts of direct and indi- sary support for rehabilitation

22 Article 3 (1). 23 Article 3 (1). 24 Article 38 (3). 25 Article 3 (3) (d). 26 D Helle “Optional Protocol on the involvement of children in armed conflict to the Convention on the Rights of the Child” (30-09-2000) 839 International Review of the Red Cross.

117 is established in article 6(3) of ages of 15 and 18 are without a children under the age of 15 as the OPAC. status: they are neither victims a war crime.30 The Internation- nor perpetrators. al Labour Organisation (ILO) Article 8 of the Rome Statute Convention on the Worst Forms also criminalises the enlistment of Child Labour which prohibits of children under the age of 15 Various the compulsory recruitment of by the state armed forces27 and international persons under 18 by an armed by non-state armed groups28 and human rights group have been ratified by 186 31 allowing them to participate in bodies argue states. It seems that the inter- conflicts, confirming the po- national law is more lenient to sition that the APs have taken. against prosecuting allow government armed forces The Statute does not address the children for the to recruit volunteers between issue of recruitment of children grave breaches the ages of 15 and 18 to take between the ages of 15 and 18 because it harms some part in hostilities where- but article 26 limits criminal lia- their chances for as non-state armed groups are bility to 18.29 This means that the rehabilitation prevented from recruiting any- ICC does not prosecute anyone one under the age of 18.32 The for crimes they have commit- enforceability of this is difficult ted during conflicts while be- Most countries have ratified as the international law rati- ing under the age of 18. Further, or signed the Rome Statute es- fied by the State Parties is only it leaves children between the tablishing the recruitment of binding on those states and no

27 Article 8 (b) (26). 28 Article 8 (e) (7). 29 Article 26. 30 International Criminal Court ‘The States Parties to Rome Statute’ (2018) International Criminal Court https://asp.icc-cpi.int/en_ menus/asp/states%20parties/pages/the%20states%20parties%20to%20the%20rome%20statute.aspx (accessed 15-04-2018). 31 International Labour Organisation Convention (adopted 17 June 1999, entered into force 19 November 2000): https://www.ilo.org/ dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:312327. 32 Prosecutor v. Issa Hassan Sesay, Morris Kallon and Augustine Gbao 25-2-2009 SCSL-04-15-T.

118 International law on the recruitment of children other armed groups within the Uganda ratified the Rome Stat- states. Further, it is likely that It has been ute in 2002 and in 2004 re- the armed groups within the estimated that child ferred the conflict in its terri- state are fighting against the soldiers formed tory to the ICC giving the ICC state.33 These discrepancies in jurisdiction to prosecute for international law of the defini- three-quarters of breaches of the Rome Statute tion of a child, the minimum age the LRA army in the Ugandan territory since for recruitment and the age for 2002.39 The ICC executed ar- criminal liability create loop- rest warrants against the five holes which are exploited by The leader of the LRA is the noto- main leaders of the LRA for Member State governments as rious Joseph Kony. He originally war crimes including the re- well as non-state armed groups. established the group to protect cruitment of children. Out of the Acholi people in northern the five three, are now believed Uganda and later recruited and dead, Joseph Kony remains at The case of Uganda and abducted many Acholi children large and Dominic Ongwen is 40 the efficiency of the law to his ranks in order to make up facing trial at the ICC. If Kony for his diminishing army.35 It is is alive, bringing him to justice The civil war in Uganda started hard to estimate how many chil- could help stabilise the situ- in the early 1980s when rebel- dren were partaking in the hostil- ation in Uganda and enforce lion groups moved against the ities but some sources claim that accountability for the recruit- Ugandan Government. Since the the LRA may have abducted more ment of children. beginning of the conflict, hun- than 60,000 children.36 It has dreds of thousands of people been estimated that child soldiers have died. Further, more than a formed three-quarters of the The ICC executed million people have been dis- LRA army.37 The original agenda arrest warrants placed from their homes which for the LRA was liberating north against the five have caused pressure and unrest Uganda, however, the changes in main leaders of to the neighbouring countries as the conflict forced them to aban- well. The conflict is particularly don this goal. Since the LRA was the LRA for war complex due to the many armed forced out of Uganda, they have crimes including groups with different agendas in executed missions in South Su- the recruitment of the region. One of the main re- dan, Democratic Republic of the children bel groups is the cult-like group Congo (DRC) and the Central Af- called the Lord’s Resistance rican Republic (CAR) contrary to Army (LRA).34 their original goal.38

33 L Hill-Cawthorne ‘Humanitarian law, human rights law and the bifurcation of armed conflict’ 293 I.C.L.Q. 34 J R. Quinn ‘The impact of internal conflict on customary institutions and law: the case of Uganda’ (2015) 220 J.A.L. 35 J McKnight ‘Accountability in northern Uganda: understanding the conflict, the parties and the false dichotomies in international criminal law and transitional justice’ (2015) 193 J.A.L. 36 Anonymous ‘Uganda: Conflict Profile October’ (10-2017) Peace Insight https://www.peaceinsight.org/conflicts/uganda/ (accessed 15-04-2018). 37 R N Souris ‘Child soldiering on trial: an interdisciplinary analysis of responsibility in the Lord’s Resistance Army’ (2017) 316 Int. J.L.C. 38 Anonymous ‘The rebel group. The LRA.’ Invisible Children https://invisiblechildren.com/challenge/the-lra/?gclid=Cj0KCQiAiKrU- BRD6ARIsADS2OLmzrDQSTvmyy97SSKbAA3MUNan3nAR2tmv_PVDHOKdFNMGN18IObHcaAvN6EALw_wcB (accessed 15-04-2018). 39 International Criminal Court ‘Situation in Uganda’ (02-2004) International Criminal Court https://www.icc-cpi.int/uganda (accessed 15-04-2018). 40 F Bensouda ‘Opening Statement’ (6-12-2016) International Criminal Court https://www.icc-cpi.int/Pages/item.aspx?name=2016-12- 06-otp-stat-ongwen (accessed 15-04-2018) .

Uganda has also ratified the Af- to the international law Uganda least 36 conflicts.43 The issue of rican Charter on the Rights and has ratified, the Ugandan Chil- child soldiers in Uganda is not Welfare of the Child (ACRWC) dren Act holds minimum age for unique and worldwide there are of 1990, in 1994. Article 22 (2) criminal responsibility 12.41 This estimated 300,000 children in specifically prevents the recruit- law seems to be inconsistent not armed groups.44 Especially in the ment of children under the age only with the international law African conflicts, ethnic and cul- of 18 and requires states to take but also with their own consti- tural tensions, unemployment measures to ensure that chil- tution which defines a child as a and lack of education put children do not partake in hostilities person under the age of 18.42 dren at high risk for getting in- in any way. This law is providing volved in conflicts.45 There are at children with a stronger protec- least 20 states globally that have tion than the international law The reasons for the children between the ages of 10 does. It is important to notice recruitment of child and 18 participating in military that Uganda is Party to both the training.46 This clearly shows OPAC and the ACRWC, which soldiers the issue in the international both have a ‘straight 18’ stand- law and its interpretation; there ard. It is also a Party to the Rome By 2010 children have been re- is a difference between training Statute which holds the age of cruited to participate in conflicts children which might even be criminal liability at 18. Contrary in 85 countries and fought in at considered a safety measure for

41 The Children Act part 10 (1). 42 The Constitution of Uganda, 1995 article 257 (c). 43 M. Happold ‘Child Solders in International Law’ (2005) Juris Publishing, Inc. 44 R N Souris ‘Child soldiering on trial: an interdisciplinary analysis of responsibility in the Lord’s Resistance Army’ (2017) 316 Int. J.L.C. 45 Anonymous ‘Child Soldiers Global Report 2008: Coalition to Stop the Use of Child Soldiers’ (20 May 2008) Human Rights Watch https://www.hrw.org/legacy/pub/2008/children/Child_Soldiers_Global_Report_Summary.pdf (accessed 15-04-2018). 46 G Van Bueren ‘The International Legal Protection of Children in Armed Conflicts’ (10-1994) I.C.L.Q.

120 International law on the recruitment of children

them and children actually par- the Congo (1,049) compared to the highest number of verified taking in hostilities. 2016. The number of verified casualties. In Nigeria, BokoHar- cases of the recruitment and use am continued to force civilians, of children in Somalia (2,127), including children, to perpe- Surges in the South Sudan (1,221), the Syrian trate suicide attacks, which led recruitment and use Arab Republic (961) and Yemen to over half of all the verified of children often (842) persisted at alarming lev- child casualties in the country coincided with els. In addition, boys and girls [...]. Additional developments increasing levels of recruited and used were often included the abduction of over killing and maiming doubly victimized by subse- 1,600 children by Al-Shabaabin of children quently being detained for their Somalia, pointing to a sustained former association with armed reliance on children for combat forces or groups. Surges in the and support duties.”47 According to the Report of the recruitment and use of children Secretary-General of the Unit- often coincided with increasing ed Nations “In 2017, changing levels of killing and maiming of In Nigeria, conflict dynamics, including children. In addition, spikes in BokoHaram the intensification of armed armed clashes and violence led continued to force clashes, directly affected chil- to a substantial increase in the civilians, including dren. Verified cases of the re- number of child casualties in cruitment and use of children Iraq (717) and Myanmar (296). children, to quadrupled in the Central Afri- Afghanistan, the Syrian Arab perpetrate suicide can Republic (299) and doubled Republic and Yemen remained attacks in the Democratic Republic of the country situations with

47 United Nations Children and armed conflict - Report of the Secretary-General https://undocs.org/s/2018/465

121 It is beneficial for rebel groups One of the LRA commanders bystanders or perpetrators. to use child soldiers because commented in an interview For this reason, it can be justi- other armed forces face a mor- said: “It was easy to make the fied to teach children how to al issue to kill children even if newly abducted children par- use weaponry.53 However, this they are partaking in hostilities. ticipate with us. We taught them view ignores the fundamental Further, it is easier to manip- to become loyal and do what we issue of whether children are ulate what children think and said. They listened. This was dif- actually mature enough to vol- they can be trained well for the ficult with grown-ups; we could unteer to fight.54 group’s purposes. The constant not change their minds easi- fear of punishment is an effec- ly. They were always thinking tive tool to divide the children about going home to their fam- Technological against each other as well.48 ilies. It was much easier to make advances have also the children become good, inte- enabled children 50 grated rebels.’’ to participate as It was much From the rebel group’s perspec- weapons can be easier to make the tive, children who do not become lighter in weight children become good fighters are easily disposed and certain weapons good, integrated of since they can be sent to a raid can be easier for rebels against other groups. In this sense, children to manage they consider child soldiers very than for adults expendable.51 According to Cairns: “children are pliable in that they are flex- Technological advances have Especially in Northern Africa, ible and easily manipulated also enabled children to partic- the rebel groups take advantage and controlled. Young children ipate as weapons can be lighter of children’s belief of manhood. are controllable through terror in weight and certain weapons Many of the tribal cultures, such and brutality, a point not lost can be easier for children to as the Acholi, have rites for boys on older, stronger, and more manage than for adults.52 The to achieve manhood. The armed cunning commanders. Through trend of fighting conflicts in ur- groups copy these rituals and violence or threat of violence, ban areas has spread and it can create their own versions that young children can be trained be argued that it might even be are used as initiations. Many to obey commands that many beneficial for children to learn of the initiation rituals include adults would contest or find how to fight and to defend killing a family member or ex- ways around.’’49 themselves as they are increas- ecuting a prisoner, sometimes ingly more likely to be victims even drinking the blood of the of conflicts whether they are victim after the act.55 The chil-

48 J McMahan ‘Innocence, Self-Defence and Killing in War’ (1994) Basil Blackwell Inc. 49 E Cairns ‘Children and Political Violence’ (1996). Cambridge, Blackwell Publishing. 50 L Vermeij ’Children of Rebellion. Socialisation of Child Soldiers within the Lord’s Resistance Army’. MA Thesis, University of Oslo (2009). 51 UNICEF ’Report for the Children of Sierra Leone’ (4/6-06-2001) Sierra Leone Truth and Reconciliation Commission https://www. unicef.org/emerg/files/SierraLeone-TRCReport.pdf (accessed 15-04-2018). 52 M Orkin ‘Fighting for children but not letting them fight’ (2002) UCL Juris. Rev. 53 M Kirollos, C Anning, G K Fylkesnes & J Denselow ‘The war on children’ (2018) Save the Children https://www.savethechildren. org/content/dam/usa/reports/advocacy/war-on-children-report-us.PDF (accessed 15-04-208). 54 M Orkin ‘Fighting for children but not letting them fight’ (2002) UCL Juris. Rev. 55 R N Souris ‘Child soldiering on trial: an interdisciplinary analysis of responsibility in the Lord’s Resistance Army’ (2017) 316 Int. J.L.C.

122 International law on the recruitment of children dren commit these acts in the Being a member of the rebel fear for their lives; being a vic- group is easier for many former Article 39 of the tim makes you a perpetrator. child soldiers than seeking in- CRC, imposes this come elsewhere which is also duty to reintegrate why some children volunteer.56 and rehabilitate Methods of Further, rebel groups, such as children to the reintegrating children the LRA, are known to mutilate states who are to their soldiers’ faces upon re- take all appropriate back into society cruitment which makes it even harder for the children to be measures to aid in Children are also in danger of released from the stigma they the recovery of the being re-recruited if there are carry.57 Article 39 of the CRC, child no mechanisms in place to sup- imposes this duty to reintegrate port them and to reintegrate and rehabilitate children to the them into the society. Unac- states who are to take all appro- The Truth and Reconciliation companied refugee children priate measures to aid in the re- Commission (the Commission) are exposed to the same risk. covery of the child.58 was established in Sierra Le-

56 Anonymous ‘Child Soldiers Global Report 2008: Coalition to Stop the Use of Child Soldiers’ (20 May 2008) Human Rights Watch. https://www.hrw.org/legacy/pub/2008/children/Child_Soldiers_Global_Report_Summary.pdf (accessed 15-04-2018). 57 R N Souris ‘Child soldiering on trial: an interdisciplinary analysis of responsibility in the Lord’s Resistance Army’ (2017) 316 Int. J.L.C. 58 Article 39.

123 one in 2000 with the help of Actions to be taken to volunteer should be abolished UNICEF and other internation- improve enforcement due to the abuse of this rule. al human rights organisations. and prevent recruitment Together they drafted a report of recommendations on what It seems more effective to try should be done in order to re- and solve the issue of recruit- The creation of habilitate children in post-con- ment at its root and prevent it the Cape Town flict. The SCSL decided that it from taking place. Instead of Principles shows would not hold children re- addressing the issues related to that states are sponsible for war crimes and child soldiers individually, with aware of the established the Commission in several bodies of international issues related to order to break the cycle of vi- law, it would be beneficial to the international olence and to re-establish the combine the legal and the hu- faith in the rule of law. The manitarian efforts and create legal framework Commission, with the input a body to govern over all four governing the issues from the children, recommend- aspects of the issue: prevention of child recruitment ed that the children should be of recruitment, enforcement placed in foster families where of the law, rehabilitation and they could not be found; that reintegration of child soldiers. At the moment, the threat of the children should return to The creation of the Cape Town prosecution by the ICC is one schools as soon as possible and Principles shows that states are of the most powerful tools that receive both psychological and aware of the issues related to the international communi- physical help as many of them the international legal frame- ty has against the recruiters of were recovering from perma- work governing the issues of children and it is vital that the nent damage and drug addic- child recruitment. ICC sets precedents that dis- tion. The Commission held it courage armed groups from re- important that they gathered The first step towards decreasing cruiting persons under the age the facts of the conflict and the the number of child soldiers and of 18. The international crimi- role of the children in order to the rehabilitation of former child nal tribunals, such as the Inter- assist the society to understand soldiers is to create consistency national Criminal Tribunal for what the children had gone in the international law govern- the Former Yugoslavia (ICTY), through and to raise awareness ing the issue. There needs to be have taken the view that reg- on the issue. The Commission a clear universal definition for ulations applicable to interna- provided the children with im- child soldiers, for example, the tional armed conflicts should munity for all their acts. This definition from Cape Town Prin- also be applicable for non-in- took away the shame the chil- ciples, and the international law ternational armed conflicts.60 dren were experiencing and rule that non-state armed groups As the non-state armed groups allowed the community to help cannot recruit persons under the are unable to become treaty them in their recovery.59 age of 18 should be extended to members, it is vital to establish apply to state armed groups as customary international law well. Further, the possibility of rules that apply to everyone persons under the age of 18 to equally.

59 UNICEF ’Report for the Children of Sierra Leone’ (4/6-06-2001) Sierra Leone Truth and Reconciliation Commission https://www. unicef.org/emerg/files/SierraLeone-TRCReport.pdf (accessed 15-04-2018). 60 Prosecutor v. Dusko Tadic 15 July 1999 International Criminal Tribunal for the former Yugoslavia (ICTY) IT-94-1-A

124 International law on the recruitment of children

UN Photo/Nektarios Markogiannis

Once the international legal The UN has reaffirmed the eral published a ‘list of shame’ framework is consistent, it is crucial role of child protection which consisted of the names important for the international advisers in peacekeeping mis- of persons responsible for re- community to put pressure on sions and is continuously en- cruiting and using children. states to fully implement and suring that they are assessed This was a successful tool for enforce of the OPAC by abol- and able to provide children demobilisation as it immedi- ishing contradicting domestic with the best possible protec- ately led to the release of hun- laws, strengthening domestic tion. The UN recognises that dreds of children from several justice systems and holding the one of the main issues after armed groups.62 recruiters accountable. States the children have been demil- must create mechanisms to pre- itarised is reintegrating them Child soldier recruitment can be vent non-state armed groups in their families and has es- fought domestically by spread- from recruiting children. They tablished programmes to assist ing awareness of the issue, lift- must ratify and implement the through education, job training ing children from poverty and Rome Statute and cooperate and family counselling. This providing them with education. with the ICC in order to put work starts by securing ade- This would decrease volun- pressure on the armed groups quate funding for child protec- tary recruitment and provide to abide the international hu- tion services combined with children with a safeguard from manitarian law. UN peacekeeping missions.61 In being coerced into armed forc- 2007, the UN Secretary-Gen- es. States should improve their

61 UN ‘Issuing Presidential Statement, Security Council Expresses Deep Concern over Scale, Severity of Violations against Children in Armed Conflict’ (31-10-2017). https://www.un.org/press/en/2017/sc13050.doc.htm (accessed 15-04-2018). 62 J McKnight ‘Child soldiers in Africa: a global approach to human rights protection, enforcement and post-conflict reintegration’ (2010) A.J.I.C.L.

125 birth registration mechanisms where possible and the com- is why it is important to heal the in order to ensure that age lim- munity should work together children as both victims and as its are truly applied. It is impor- towards ensuring that the chil- perpetrators. A successful way tant to establish peace talks with dren will receive the childhood to address this has been reli- non-state armed groups and they were taken from before. gious and tribal purification rit- demobilise children from these There are many strategies in uals meant to provide the for- groups. This would create a nec- place to rehabilitate and reinte- mer child soldiers with a fresh essary customary international grate children into society once start in society.63 law practise to support the exist- they have been demobilised. ing legal framework. These multi-national projects There is an argument to be are called DDRs for disarma- made that no law has man- ment, demobilisation and re- aged to prevent wars, merely The UN recognises integration. DDR programmes to change their nature and if that one of the main have generally been reserved effective measures are estab- issues after the for children who have fought in lished to prevent armed groups children have been conflicts but such programmes from recruiting children, they should be available for all chil- will simply move onto anoth- demilitarised is dren whether they have been er strategy such as autonomous reintegrating them directly or indirectly involved weapons or robotic weapons in their families in the hostilities. Many of the which could cause even more children feel ashamed and destruction that the currently impure for the acts that they used arsenals. The resources should be on the have committed and have been rehabilitation of child soldiers shunned by their societies. This

The Author

Mira Luoma is information officer and humanitarian worker at the Finnish Refugee Council in Kampala, (Uganda). Ms. Luoma participated in the UNICRI specialised training course in 2017 followed by an internship at the In- ternational Criminal Tribunal for the former Yugoslavia and the United Nations Mechanism for International Criminal Tribunals as a senior legal intern at the Registry. Ms. Luoma completed her LL.M at Stellenbosch University in Cape Town (South Africa), with a cum laude and a thesis on the criminal responsibility of child soldiers.

63 M Denov ‘Girl Soldiers and Human Rights: Lessons from Angola, Mozambique, Sierra Leone and Northern Uganda. The Interna- tional Journal of Human Rights’ (12-2008) 12 The International Journal of Human Rights 813– 836.

126 THE CYCLE OF ENVIRONMENTAL CRIMES

TERRORISTS BUILD BURN WASTE DEPOSIT THE YOU SELL YOUR DIRTY BOMBS WITH BRINGING REVENUES IN AN USE HIGH PROFITS TO FUEL CONFLICTS RESERVE OF YOUR CHEMICALS AND POLLUTED AIR TO OFFSHORE BANK CHEMICALS TO USE THEM AGAINST BIG CITIES ACCOUNT TERRORIST GROUPS POPULATION

DUMPED CHEMICALS CONTAMINATE THE DUMP WASTE IN MARINE ECOSYSTEM A CULTIVATED AND REACH THE AREA COAST WHERE CHILDREN SWIM

THE GROUP DUMPS ILLEGAL FAMILIES EAT CHEMICALS, CONTAMINATED POLLUTES SEA AND FOOD AND CONTAMINATES BREATHE WATER SUPPLY POLLUTED AIR

OUTCOMES: YOUR SHIPMENT TRADE ILLEGAL HAS A GREAT DESTROY THE ENVIRONMENT UNDERMINE DEVELOPMENT PROFITS WITH VALUE AND YOU AFFECT PEOPLE’SACCOUNTABILITY HEALTH RECEIVE A HIGH WEAKEN GOVERNANCE AND DRUGS, BID FROM COUNTERFEIT ANOTHER GOODS AND CRIMINAL GROUP WEAPONS

YOU SUCCESSFULLY ESTABLISH BRIBE CUSTOMS TRANSNATIONAL FIX PUBLIC BIDDINGS TO SMUGGLED OFFICERS AND FORGE MANAGE THE DISPOSAL COLLECT DIRTY THROUGH BORDER ORGANIZED CRIME MONEY AS YOU TRANSPORTATION NETWORKS TO MANAGE OF CHEMICALS AND CONTROL! YOU DOCUMENTS WASTE PASS GO AVOID JAIL TIME TRANSPORTATION

Environmental crime represents a by a low risk of detection and scarce growing danger for development, global conviction rates, criminal networks, stability and security. acting across borders, have favoured the expansion of environmental crimes in Since 1991, UNICRI has contributed recent years, affecting human rights and through research, awareness raising diverting resources that would otherwise and capacity-building actions. Led be allocated to public services and by vast financial gains and facilitated development. © Photo by Vater via Flickr

The legacy of Giovanni Falcone: never lower your head, be brave and always fulfil your commitments until the end

Interview with Maria Falcone by Marina Mazzini

Your brother was a great judge and statesman, among the first to understand the real dimensions of the mafia phenomenon and the importance of judicial cooperation. His work and legacy have helped to change the strategies to combat organized crime. His path has been defined by the spirit of sacrifice and the awareness of risks. He was born and he lived in Sicily and was surrounded by forms of acceptance and resignation caused by the Mafia. What was his relationship with his land? Can you tell us about how he developed his strength and determination in Sicily?

Giovanni was profoundly Sicilian, a man who has always maintained a special bond with his land.

128 The legacy of Giovanni Falcone: never lower your head, be brave and always fulfil your commitments until the end

We must keep in mind that attitudes and characteristics. What were the pillars of Gio- our family had always lived Only a person who grew up in vanni Falcone's thinking on in Kalsa, an historic district of such a context could have had justice and international co- Palermo, in which, as Giovanni the tools and the flexibility to operation? himself repeatedly said, many understand the real dimensions mobsters lived. It was precisely of the Mafia phenomenon. It all began when the prosecu- in such a context that Giovan- Only a person gifted with his tor Costa was murdered at the ni grew up, his character de- own intuition could have un- beginning of the 80s. The judge veloped, and he began to meet derstood the fundamental role Chinnici wanted to set up a other kids playing soccer in the that could have been played by working group with the collab- parish camp. For example, dur- a broader judicial cooperation. oration of Giovanni, Paolo Bor- ing his adolescence and in that sellino, and Giuseppe Di Lello. neighbourhood, he met Paolo This project was then developed Borsellino for the first time, as Only a person and consolidated by Antonino well as other kids destined to gifted with his own Caponnetto, who in 1984 offi- become famous Mafia person- intuition could cially announced the establish- alities of the future, such as the have understood ment of a pool of magistrates, boss Tommaso Spadaro, whom including Leonardo Guarnotta. he met at a ping-pong tourna- the fundamental The pool intended to coordinate ment organized in an oratory. role that could have the investigations and to pro- These circumstances allowed been played by a vide an overview of the Mafia him to come into full contact broader judicial phenomenon with the aim of with the minds of many of them cooperation eradicating it and returning Sic- and to fully understand their ily to its honest citizens. A de-

129 F3 Magazine Planning resiliency: shaping the future

Was there ever a moment in Foundation. How does the your brother’s life in which Foundation carry on the leg- he thought that the Mafia acy of your brother? could never be defeated? This is a question that I am No, he never thought that. On often asked and to which I al- the contrary, my brother Gio- ways reply with a phrase from vanni claimed that the Mafia Giovanni which I consider his would certainly be defeated. moral testament: "Everyone The Mafia has not always exist- must do his or her duty to the ed; it is a human phenomenon, end and play his or her part, big and like all human phenomena or small, at the cost of having to it has had a beginning and it will endure whatever sacrifice". have an end. If anything, it must © Photo by Gualtiero Catrame via Flickr be said that Giovanni, during From this point of view, the his work against the Mafia as Falcone Foundation carries out cisive moment in the creation a magistrate, encountered nu- activities in the fields of edu- of the c.d. "Falcone method" is merous obstacles and enemies cation and cultural promotion. embodied in the Spatola pro- which tried to discredit him and I would say that we are deal- cess, in which Giovanni, thanks put his work in a bad light, crit- ing with "counter-culture" and to his investigations, succeeded icizing his innovative methods. teaching young people what the in convicting 75 members of These attacks made him realize Mafia is and how despicable its the Spatula/Gambino /Inze- that this phenomenon was ex- activities and methods of action rillo gang. It was thanks to this tremely rooted, complex and are. Therefore, we have been success that the Falcone Method intertwined. Achieving the fi- working on projects for over 26 was universally recognized as nal goal would have not been years together with thousands an innovative and revolutionary simple at all. But despite this, of Italian schools explaining to investigative technique based on his profound sense of duty and students who Giovanni was and 3 pillars: observing the phenom- loyalty and love for his city and why he died, but also provid- enon from above and then ana- for the institutions pushed him ing them with the tools to take lysing it in detail like in a magni- to never give up on his goal. sides, support freedom and take fying glass; identifying, tracking a stand against the mafia, even and dismantling the economic when it offers attractive pros- relations between the criminal The Mafia has not pects. organizations; and making use always existed; of the collaboration of the "pen- it is a human We organize a competition titi" (state’sevidence figures) as phenomenon, and every year, in collaboration a key tool to understand the ma- with the Italian Ministry of Ed- fia dynamics. A collaboration like all human ucation, Universities and Re- was born with the US DEA and phenomena it has search (MIUR), in which hun- the FBI in those years precise- had a beginning and dreds of schools from every ly thanks to this investigative it will have an end corner of the country partici- technique. This collaboration pate. Thanks to this initiative, brought great results, allowing we can raise awareness in the drug trafficking to be defeated You are the head of the Gio- schools and tell stories that even overseas. vanni and Francesca Falcone normally remain outside of

130 The legacy of Giovanni Falcone: never lower your head, be brave and always fulfil your commitments until the end

© Photo by o visto Nina Volare via Flickr the classrooms. The event cul- The new generations have take the risk of believing that for minates in the so-called "Ship not lived through the most these reasons it has become less of Legality": about 1,500 Ital- violent years of the fight dangerous and bloody. On the ian students travel to Palermo against organized crime, the one hand, it is true that thanks to every 23 May to celebrate the bloody years of massacres of the strong suppressive measures memory of Giovanni and of the Capaci and via D'Amelio. Was carried out by the State with the other great men and women that mafia more dangerous means of law enforcement, the who lost their lives fighting for than the contemporary one? bloody seasons of mafia attacks the common good. You have defined the present have ended. On the other hand, organized crime as a "silent" some of the most horrible and phenomenon. offensive crimes for the whole Everyone must do community are committed to- his or her duty to Today the Mafia, a bit like the day and are caused by organized the end and play whole world due to globaliza- crime. The Mafia and other or- his or her part, big tion, is certainly changed; in ganized crime networks are pri- a certain sense it has become mary actors in the phenomena or small, at the cost more "bourgeois", infiltrating of the agromafias, the traffick- of having to endure administrations, professions ing of human beings linked to whatever sacrifice and economic and power cen- the "caporalato" (illegal recruit- tres in general. But we must not ment of workers), the trading

131 F3 Magazine Planning resiliency: shaping the future of weapons and the patronage to show which side they have system which often influences Today, the Mafia decided to join, is really an im- the management of public re- makes less noise mense success for our land. sources. and you see it less, but this does not Today, the Mafia makes less mitigate its danger The Goal 16 of the United Na- noise and you see it less, but and despicability tions 2030 Agenda for Sus- this does not mitigate its dan- tainable Development fo- ger and despicability. Kids must cuses on promoting peaceful learn that they can find them- and inclusive societies, jus- selves dealing with the Mafia You have decided to carry on tice and strong institutions. and its methods. They can be a painful legacy, but yours is Member States recognize that confronted by people with- a mission that can change the there can be no sustainable out "coppola" and "lupara" (the future of many. What has been development without peace traditional Sicilian hat and the the most beautiful moment of and no peace without sustain- sawn-off shotgun associated the Foundation in which you able development. What is with the Mafia) and with de- have been able to witness the the advantage that organized grees and ties, but they need to results of its work? crime gains from the weak- behave accordingly, rebelling ness of the judicial systems? against its dishonest logic. The moral legacy left by Gio- vanni is very painful and carry- Violence and insecurity are ing on his ideas is a constant and general problems that are re- What are the difficulties en- tiring activity, but I must admit lated to the general well-being countered by the Foundation that it also brings many happy and that all countries experi- in promoting legality? moments. During my frequent ence; for this reason, we should visits to Italian schools, I talked be confident about the achieve- Promoting the values of justice with young people and I heard ment of Goal 16 of the Post- and legality is certainly not a their pertinent and interest- 2015 Development Agenda. The simple activity; even today, af- ing questions. For me, having simple fact that we talk about it ter so many years, we encoun- the opportunity to help them and that we have also reached ter challenges, especially in in their personal growth and an agreement on important is- the most neglected areas of the training is a reason for great sues such as justice, corruption, country and specifically in the pride and satisfaction. But the fundamental freedoms, and city suburbs, where, at times, greatest joy is undoubtedly see- peace is a good step forward in it is difficult to communicate ing thousands of children and my view. Moreover, it is exact- the very concept of rule of law. young people with their eyes ly where institutions are absent However, I would like to stress full of enthusiasm, promising to that the seeds of mafias can that, little by little, thanks also always carry the ideas of Gio- germinate. If people are not of- to education and awareness vanni Falcone with them. They fered the prospect of hope and activities, something is chang- are the hope and the future of personal development, it is eas- ing, and we have a greater per- Italy and seeing them so united ier for them to be seduced by ception of the importance of every 23 May during the parade the sirens of crime, which can respecting fellow citizens and in the streets of Palermo, gath- offer them valuable and easy legality. ering beneath the Falcone Tree rewards in return for commit-

132 The legacy of Giovanni Falcone: never lower your head, be brave and always fulfil your commitments until the end ting terrible acts. Because of ed itself in this "vulnus", offer- thrives. In fact, school plays a de- this, I believe that creating a ing, in its opinion, better living cisive role and should aim to cre- mechanism to prevent violence conditions. Yet, history teaches ate a society that repudiates the by fighting crime and terror- us that none of the people join- Mafia's negative values, such as ism at all levels means making ing criminal organizations have its "omertà" or indifference, until enormous progress towards the seen their living conditions im- they are completely eradicated. achievement of peace. proved; on the contrary, all of them have only found them- Education has a duty to pro- selves constantly having to ex- mote the culture of legality and Little by little, ecute orders, commit horren- explain to young people that thanks also dous crimes, and worry about respecting others is beautiful to education their own affiliates and the po- and makes you feel good while and awareness lice. worshipping false myths can lead to terrible consequences. activities, But we must not make the mis- something is take of thinking that the Ma- changing fia is exclusively linked to the But the greatest poverty, or to Southern Italy. joy is undoubtedly There are so many elements in seeing thousands What is the relationship be- such a complex phenomenon of children and tween the lack of develop- and it is impossible to find a ment and growth opportuni- single cause. In addition to eco- youngsters with ties, and crime? nomic hardship, in fact, there their eyes full are other elements to consider, of enthusiasm, Well, it is a closely connected for example, familial affection, promising to always relationship, as I said before. the desire to exercise power or carry the ideas of When a State is not able to of- even an inclination for violence Giovanni Falcone fer the prospect of hope to its and the desire for revenge. with them citizens it provides an "assist" to organized crime and therefore mafia. I would say that the What is the role of education lack of opportunities and eco- in fighting the Mafia and oth- What is the message that the nomic development contribute er organized crime networks? Foundation would like to to generating a feeling of aver- send to young people all over sion towards the institutions, As Gesualdo Bufalino said, "The the world? in which they are considered Mafia will be defeated by an guilty of not taking an interest army of elementary teachers". The same thing that Giovanni in the wellbeing of citizens. The Crackdowns by law enforcement taught us, and the same thing we Mafia was born by taking ad- certainly will not be enough if tell the students we meet: nev- vantage of a similar mechanism they are not supported with ed- er lower your head, be brave of hostility towards the State. ucational and cultural activities. and always fulfil your commit- The State did not care for its These activities will wipe out the ments until the end. The future citizens, and the Mafia insert- fertile ground in which the Mafia is all in their hands.

133 Former Secretary-General of the United Nations, Javier Perez de Cuellar with Giandomenico Picco, First Officer in the Executive Office of the Secretary-General. ©UN Photo/Yutaka Nagata The Resiliency of the UN staff member’s Oath of Office

by Andrea Angeli

This is not the first time that I have been asked how we can succeed in advancing the values of the United Nations in the most critical situations. It is a good question. Even those who have served in peace missions for over thirty years cannot provide a single answer to this question.

In retrospect, the most striking example that implied the spirit of service and self-denial was recorded at the beginning of the 90s, during the grueling negotiations for the liberation of Western hostages in Lebanon.

The operation above required an extraordinary personal commitment from the “United Nations chief hostage negotiator” Giandomenico Picco, who conducted it in the utmost secrecy. For 18 long months he exposed himself to considerable risks as kidnapped persons were freed in a trickle. The envoy of the Archbishop of Canterbury, Terry Waite, prior to Picco, was kidnapped at that time. A mediation on thin ice and full of unknowns that for Giandomenico Picco involved numerous trips blindfolded and crouched in the trunk to reach secret locations in Beirut in the middle of the night.

134 The Resiliency of the UN staff member’s Oath of Office

scribing their accomplishments mets, is basically an employee, The operation would require a lot of time. a bureaucrat, an international above required bureaucrat. In short, still a bu- an extraordinary I joined the United Nations reaucrat. He/she is the one who personal Protection Force (UNPROFOR) did not need to take his/her life commitment in the early 90s in Bosnia. UN- at risk at every step. He/she is from the “United PROFOR was initially an in- the one who must respect the Nations chief terim arrangement, aiming to rules of the organization and its create the conditions of peace hierarchical structure. hostage negotiator” and security for the negotiation Giandomenico Picco of an overall settlement of the Yugoslav crisis. How many times in retrospect did we It has been said that Giandomen- During that time, I remembered recriminate idle, ico Picco, being a protagonist of how even a young official could weak behaviors? other annals of UN history - from decide to go and assist (and the Iran-Iraq ceasefire to the So- even save) people in difficulty viet withdrawal from Afghani- at his/her own risk and guided A bold move, though heartfelt, stan - had a pact with the Secre- only by conscience. In light of can sometimes seriously em- tary-General Pérez de Cuéllar. there being many needy people barrass the Organization and This alleged pact involved not in Sarajevo under siege and in other relevant ongoing initi- informing the Secretary-Gener- many other parts of the coun- atives. Therefore, it is under- al of high-risk situations, with an try, it is debatable if all the standable that, in certain cir- aim to avoid obliging him to ask members of the mission have cumstances, a UN staff member Picco to abort mission. always given their best effort. must operate with caution, a behavior that may seem shy, if An absolute trusting relationship not apathetic. Hence, it could between Pérez de Cuéllar and Many other lesser- happen that a UN official may his right-hand man from Friuli (a known UN officials end up discontenting all. The region of Italy) - not always easy have made a journalist Andrea Nicastro to develop - was key for these difference in what rightly defined a UN staff mem- unthinkable operations. Howev- ber as “A peacekeeper: always er, we are referring to facts that are often called between two fires” years ago. happened 30 years ago, when forgotten crises the undoubted respect for an Having said all this, which re- international official, especially sults from decades spent in cri- an official of the UN, was con- The case for me, however, has sis areas; a fundamental point siderable. This brought greater not always been akin to that of remains for the UN staff mem- freedom of movement and the other UN members. How many ber: the Oath of Office that power of initiative. times in retrospect did we re- reads as follows: criminate idle, weak behav- Many other lesser-known UN iors? The UN official, although “I solemnly declare and prom- officials have made a difference often being imagined as a pro- ise to exercise in all loyalty, in what are often called forgot- tector of vulnerable groups discretion and conscience the ten crises. Naming them and de- and associated to the blue hel- functions entrusted to me as

135 F3 Magazine Planning resiliency: shaping the future

©UN Photo/Eskinder Debebe ©UN Photo/Burridge ©R.Gallini 1) Two young boys push a cart full of scrap metal into a collection site in Kabul, Afghanistan. 2) A United Nations ar- moured personnel carrier on patrol in Sarajevo during the visit of Secretary-General Boutros Boutros-Ghali. 3) Rimini (Italy) 2012 - Andrea Angeli with Staffan de Mistura. an international civil servant of opposition with represent- In conclusion, I propose a few of the United Nations, to dis- atives of Member States (in- thoughts on the current reali- charge these functions and cluding representatives of my ty. As what I have always said regulate my conduct with the own country) were not lacking. to young people leaving for a interests of the United Nations I never regretted following the mission: “Be aware of the fact only in view, and not to seek or “UN Oath of Office” in con- that everything is more diffi- accept instructions in regard to junction with my judgment. cult and even frustrating now- the performance of my duties adays.” The lack of respect for from any Government or oth- the United Nations flag along er source external to the Or- I solemnly declare with the consequent risk of ganization”.1 This is the North and promise to kidnappings or attacks have Star that must always guide us exercise in all reduced room for maneuver- through events and which does loyalty, discretion ability for those on the front not allow for compromises. lines. The UN, as well as other and conscience international organizations and I, like many others, probably the functions many NGOs, has imposed very did not always act as we should entrusted to me as stringent measures regarding have or we could have, but cer- an international the movements of its opera- tainly I never support any na- civil servant of the tors. In addition, there are new tional strategies that are con- United Nations technologies including mobile trary to the UN guidelines and telephone, email, and social my conscience. The episodes networks. All tools that un-

1 Status, basic rights and duties of United Nations staff members. ST/SGB/2016/9. 21 July 2016.

136 The Resiliency of the UN staff member’s Oath of Office

Kabul (Afghanistan) European Union HQs - 2010 ©Monika Bulaj doubtedly increase the scope of why I don’t envy those who ble, although it will be substan- a humanitarian operator. How- starts the profession now. tially more difficult than before ever, it is still a wishful thinking due to the aforementioned rea- to believe that they can replace Can we therefore succeed to- sons. The universal values that direct contacts with people in day in advancing the values of has been fighting for over the need. It happened to me in the the United Nations in the most centuries cannot fade. last few years, too, and that’s difficult situations? It is possi-

The Author

Andrea Angeli joined the United Nations contingents in Namibia, Cambodia, East Timor and the Former Yu- goslavia, where he served for fifteen years. He also worked for the United Nations in Santiago de Chile during the last phase of the military regime and served in Baghdad when Iraq was under Saddam Hussein. He worked in New York as Assistant to Bettino Craxi Special Envoy for the Foreign Debt. He was the spokesperson for the Organization for Security and Co-operation in Europe (OSCE) in Albania, for the Coalition Authority in Nassiriyah and for the European Union in Afghanistan. He was close associate of Staffan de Mistura, Under- secretary of State for Foreign Affairs in the Italian cabinet headed by Mario Monti. In 2014 he returned to Afghanistan as political adviser to the North Atlantic Treaty Organization (NATO) in Herat, a position which he later held in the Kfor mission of NATO in Pristina. He is currently working for the OSCE Office of the High Commissioner on National Minorities.

137 Max Planck Institute for Foreign and International Criminal Law