Criminalizing War: Twenty Recommendations
EDITORIAL, 20 Apr 2015
#372 | Johan Galtung
[Note from the TMS Editor: Prof. Johan Galtung presented these recommendations in various places in Norway this past weekend.]
- Japanese Constitution Article 9 or something similar for all states: ‘__forever renounce war as a sovereign right of the nation and the threat or use of force as a means of settling international disputes’.
- Universal Declaration of Human Rights Article 28 criminalizing war: ‘a social and international order in which the rights and freedoms set forth in this declaration can be fully realized’
- UD Article 3 “Everybody has the right to life, freedom and security of person” should also apply to cross-border aggression of any kind.
- Local authorities, regions, NGOs, IGOs and TNCs with the capability and intention to do so should also receive and implement human rights.
- Self-defense against aggression insulting human rights is a human right, subject to jus ad bellum-jus in bello-human rights, not war.
- Make possession of any WMD by any state or organization a crime.
- List publicly state terrorist state; by UN, NAM or a prestigious NGO.
- Remove the US exception to ICC but not retroactively; speed up Palestinian membership.
- Trial for war crimes must include compensation to victims and nature.
- Rewards for peace should be added to punishment for war, listing not only war criminals but also peace champions at all levels in the world.
- Publish names of killers in wars, for individual responsibility.
- Publish names of victims in wars, for collective solidarity.
- Make war propaganda a crime like racism, sexism, hate speech.
- Make alliance, NGO, IGO, TNC equality and representativity of genders, nations and states a condition for lawful global operation, like for consultative status with the UN and Agencies.
- Make a public YES to acceptance of membership another condition.
- Make violence for political ends other then self-defense a crime; this applies also to guerrillas and terrorism.
- Make omission of action that could make a difference preventing war, like withdrawing war support publicly or whistle blowing, a crime.
- Universalize jurisdiction by making crimes against peace, war crimes and crimes against humanity justiciable in all states.
- Avoid violent punishment for war: two violences do not add to peace; use instead 3C: public confession-contrition-compensation to victims and soft punishment of shame and guilt, possibly social ostracism.
- Criminalization is ambiguous and may also harden and prolong wars; should go together with the positive approaches to the right to peace, of removing war causes, and removing war as a socially evil institution.
What do you think?
Johan Galtung, a professor of peace studies, dr hc mult, is founder of the TRANSCEND Network for Peace, Development and Environment and rector of the TRANSCEND Peace University-TPU. He has published 164 books on peace and related issues, of which 41 have been translated into 35 languages, for a total of 135 book translations, including ‘50 Years-100 Peace and Conflict Perspectives,’ published by the TR*ANSCEND University Press-TUP.
This article originally appeared on Transcend Media Service (TMS) on 20 Apr 2015.
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