National Post

Let’s call it ‘genocide’

- Nathaniel Erskine- Smith Nathaniel Erskine- Smith is Liberal MP for Beaches- East York.

On Tuesday, I stood with t hree of my Liberal colleagues to support a Conservati­ve motion. My government encourages reasonable and respectful disagreeme­nt, yet it was still an odd position to be in, and one that I’d like to explain to my constituen­ts and to Canadians.

The actions of the Islamic State of Iraq and the Levant are unspeakabl­e, and should be condemned without reservatio­n. But do they amount to genocide? The Conservati­ve motion called on the House of Commons to declare yes.

Foreign Affairs Minister Stéphane Dion is right to insist that such a determinat­ion should ultimately be a legal one, on a standard beyond a reasonable doubt, with all the l egal consequenc­es that entails. He has called on the UN Security Council to create a mechanism to determine formally whether a genocide has occurred, and to limit veto use at the council where a mass atrocity has been ascertaine­d. These are good steps.

I do not believe, however, that such a process precludes our House of Commons from making its own determinat­ion. We speak, through Parliament, on behalf of Canadians, and our declaratio­n does not bind any internatio­nal tribunal. Nor am I convinced that we must deliberate on the same legal standard of “beyond a reasonable doubt” when we deal with non- binding motions versus a full hearing at the Internatio­nal Criminal Court.

In my view, the ISIL has committed genocide and, as a result, I supported the Conservati­ve motion to declare just that. I came to that conclusion based on my review of a number of articles, resolution­s and reports, including the evidence and findings in the following reports: ❚ March 2015 report of the Office of the UN High Commission­er for Human Rights (OHCHR); ❚ June 2015 report of the OHCHR and the UN Assistance Mission for Iraq ( UNAMI); ❚ June 2015 report of the UN special rapporteur on the promotion and protection of human rights and fundamenta­l freedoms while countering terrorism; ❚ January 2016 report of the OHCHR and the UNAMI; and ❚ February 2016 report of t he Independen­t Internatio­nal Commission of Inquiry on the Syrian Arab Republic, establishe­d by the UN Human Rights Council.

The UN reports docu- ment, in great detail, grave abuses against religious and ethnic minorities, women and the LGBTQ2 community. Yazidis, Christians, Muslims and others who do not ascribe to ISIL’s narrow religious views are murdered, tortured and enslaved. The details are horrific.

The reports make i nescapable factual findings. For example, one report states:

“ISIL continues to del i berately t arget ethnic and religious communitie­s through a range of abuses and crimes as part of its policy of suppressio­n, expulsion or eliminatio­n of these communitie­s, and to employ sexual violence as a tactic of war.”

We should not be reckless with the language of “genocide,” but nor should we be so cautious that we fail to heed the facts before us. If this is not genocide, I do not know what is.

While not determinat­ive, I note that similar resolution­s have been adopted unanimousl­y by the European parliament, the U. K. parliament, the Australian parliament, and the U. S. Congress. In March, the Internatio­nal Associatio­n of Genocide Scholars adopted a resolution declaring that ISIL has committed genocide. Luis Moreno Ocampo, former chief prosecutor for the ICC, has said that it is “a very clear case” of genocide.

On behalf of the U. S. State Department, Secretary of State John Kerry has also declared that, in his judgment, ISIL is responsibl­e for genocide. Kerry said the “full facts must be brought to light by an independen­t investigat­ion and through a formal legal determinat­ion by a competent court.”

My approach is the same. I agree with Kerry, just as I agree with Dion, that a full investigat­ion and formal legal determinat­ion should take place.

In the meantime, based on the evidence before me, I have no reservatio­ns about declaring that ISIL has committed genocide. More than that, I believe it is important to name genocide, as a first step toward ending it.

I’M A LIBERAL MP. BUT IF ISIL’S ACTS AREN’T GENOCIDE, I DON’T KNOW WHAT IS.

 ?? JOHN MOORE / GETTY IMAGES ?? A Yazidi man walks through Sinjar, Iraq, in 2015, after liberation from ISIL.
JOHN MOORE / GETTY IMAGES A Yazidi man walks through Sinjar, Iraq, in 2015, after liberation from ISIL.

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