7 October 2013 No 29 ISSN 1664-7963 Current Concerns PO Box CH-8044 Zurich Current Concerns Switzerland The international journal for independent thought, ethical standards, moral responsibility, Phone: +41 44 350 65 50 Fax: +41 44 350 65 51 and for the promotion and respect of public international law, human rights and humanitarian law E-Mail: [email protected] Website: www.currentconcerns.ch English Edition of Zeit-Fragen “All disputes must be resolved by peaceful means” Proposal by a UN Special Rapporteur on the Prevention of Warmongering Interview with Professor Alfred de Zayas, UN Independent Expert on the Promotion of a Democratic and Equitable International Order thk. Last Monday, of poison gas was condemned by all states; How was this proposal received? the Human Rights in this regard the international communi- Some states, such as Egypt, welcomed the Council met in Ge- ty is united. idea of a World Parliamentary Assembly. neva to hear and On the periphery of that session of the 100% of the NGOs endorsed my recom- discuss the report Human Rights Council, Current Con- mendations. After their statements I was of the “Independent cerns met the American international law given the floor again and I focused on the International Com- professor and historian Alfred de Zayas Universal Periodic Review (UPR). That is mission of Inquiry who currently holds the office of the UN a mechanism to examine the human rights on the Syrian Arab Independent Expert on the Promotion of situation in all countries. So far, all states Republic (COI)”, a Democratic and Equitable Internation- participated. Recently, one country re- presented by the al Order. What he considers his task in fused, which is extremely regrettable. Professor Alfred de head of the commis- this world dominated by power struggles Zayas (picture thk) sion, Sergio Pinhei- and how he currently judges the conflict What is lost by that? ro. The commission in Syria, is set out in the interview below. It is those periodic examinations that al- examined various massacres in Syria. The ways offer the possibility of dialogue and commission’s current report is based on 258 Current Concerns : On 10 September you underline the universality of human rights interviews with various people, the number presented your report on the “promotion – this is central to the well functioning of of respondents not being mentioned at that of a democratic and equitable internation- the new Council. In order to change any- occasion. In addition, the commission itself al order” to the Human Rights Council in thing in a positive way, dialogue among was not on the spot to see themselves what Geneva. What were the reactions to it? the countries is crucial. All states are was going on, but they obtained their “in- Professor Alfred de Zayas: After I intro- called upon to report and to submit to formation” mainly by telephone interviews duced my report and formulated a number scritiny, sincethere is no country without with people outside the country, as they said of pragmatic recommendations to the Coun- democratic or equitable deficits. themselves. cil, some 30 State delegations and 12 NGOs The discussion following the report re- participated in the inter-active dialogue. How did you respond to the width of the flected in particular the interests of the I was very satisfied with the constructive mandate and possible overlaps with other western countries in this conflict. In sum tone of the comments, some of which were mandates? you can say that NATO and EU countries, quite positive and others somewhat critical, I do not see that as a big problem. There are together with Turkey, Saudi Arabia, Qatar but not so much of my report but rather of never two rapporteurs who think the same, and some other Western-oriented Arab the mandate, which they feared duplicated who approach the issues from the same States condemned the Assad government some of the other mandates and working angle, who make the same proposals. The and used the opportunity to pin on the re- groups. The EU was rather reserved and the diversity of perspectives constitutes a fruit- gime the still unexplained poison gas attack United States did not take the floor. ful contribution of the special procedures in Ghouta, a suburb of Damascus, which of the Council. Although certain themes was not the subject of the COI investigation. What were the points of criticism? appear more than once, you learn by repe- That war crime, which it undoubtedly is, It was stated, for example, that I had gone tition. And in addition an important aspect must have consequences, according to the into too much detail with respect to the is the independence of the rapporteur. The tenor of those “west-led” states. Previous issue of self-determination, that I had expert must be able to think outside the poison gas attacks, which have been attrib- given that subject too much space. One system, beyond the prejudices, Zeitgeist, uted to the so-called rebels, were not men- criticism also was the “with” of the man- political correctness.This is the only way tioned. Countries such as the Latin Ameri- date and resolution 18/6 itself. to work as an independent expert. can Alba States, Russia or China, but also individual Asian and African countries What did you recommend? What other issues were mentioned? called for moderation and emphasised the I suggested, for example, establishing We also talked about the manifold threats prohibition of interference with the internal a “representative body of the people of to regional and international peace. Last affairs of a sovereign state. They also called the world”, a parliamentary assembly to week all of us were deeply worried that we for a dialogue in order to attain a construc- which all states send representatives elect- had to reckon with a large-scale interven- tive solution to the conflict – which could ed by the people, a real parliament of the tion in Syria. I believe that a democratic be achieved if really desired by the negotia- world. It would not be made up by the am- and equitable international order requires tors, a fact that had been proven by the ne- bassadors of the countries, but by citizens that all means of dialogue be deployed to gotiations between Russia and the US – and from all the countries. I am thinking of called for an end of the bloodshed. The use doctors, tradesmen, lawyers, teachers, etc. continued on page 2 No 29 7 October 2013 Current Concerns Page 2 ”‘All disputes must be resolved by …’” not only between the major powers. I would Are there no laws to prohibit warmonger- continued from page 1 also have liked to hear the views of the 193 ing? States of the United Nations. Would the in- Yes, on paper, warmongering is prohibit- keep the peace. Wars are not inevitable, but ternational community condone unilater- ed by Article 20 of the International Cove- are caused by political miscalculation and al interventions ? I would have preferred to nant on Civil and Political Rights. But who hubris. Keeping the peace presupposes that see a vote on this question in the General knows about that? Most politicians have no all parties are willing to talk to each other Assembly. I can imagine that the vast ma- idea about it, not to mention knowledge of and to find compromises. If we succeed in jority would have voted against interven- individual articles thereof. Therefore, the making people talk to each other, we can tion. However, a relatively small number Secretary-General must be alert so as to call think about how we can realize reforms of states would most likely have abstained a special session of the General Assembly as in order to find solutions to the real prob- from voting and three would have endorsed soon as he sees a danger that the politicians lems that beset the world. But one thing is intervention. It is necessary for civil soci- are galloping off. This dynamic needs to be certain: you will not reach a solution with ety to demand that democratically elected stopped before it goes too far. We have ac- weapons, otherwise we will continue the governments respect the will of the inter- tually seen that in all wars. After politicians vicious cycle of hatred meeting hatred. A national community that disputes be settled display a tough “bravado” and present them- frequently arising problem is that some by negotiation and not by force. Again and selves with a degree of cockiness, they don’t states play geopolitics by supporting one again I found politicians and media attempt- want to calm down or be moderate in their side with weapons and money and even in- ing to distort the situation, pretending that tone or show any willingness to negotiate, citing that side to intransigence so that they the international community would approve which would be perceived as “weakness”. think they can remain subborn and refuse an attack on Syria (or at least be “comforta- One must make it easier for the politicians. any and all compromise proposals. ble” with it), which is certainly not the case, After having made so much noise, they must as the polls show. In this situation it is im- be able to withdraw gradually, without los- You mentioned dialogue as an instrument portant that a mechanism of world referen- ing face. There must be a mechanism that of peace keeping ... da be set up in order to listen to the voice offers always a possibility in the General As- … Dialogue means that I perceive the other of the peoples of the world.