(While the snippet from the article below is about acts of violence against Muslims, Dalits in India have also been routinely targeted by these Hindu nationalists.)
“In India,
killing cows and the consumption of beef is banned in most states.
Since Modi and his party assumed power in 2014, this beef ban has been
used by Hindu nationalists to justify their attacks on innocent Muslims
in public. [….] [Prime Minister] Modi’s government … routinely
disseminates fake news, targeting and demonising Indian Muslims.” The
full article from The Guardian by Rana Ayyub is here.
* * *
“The
Member States of the United Nations have acknowledged that they have
the primary responsibility to protect their populations from genocide,
war crimes, ethnic cleansing and crimes against humanity. This
responsibility entails the prevention of these crimes, including their
incitement, through appropriate and necessary means, and is consistent
with existing obligations under international human rights, humanitarian
and refugee law. The international community has a parallel
responsibility to encourage and assist States to fulfil their
responsibilities towards their populations. The policy options presented
here are aimed specifically at preventing incitement to violence that
could lead to atrocity crimes. They should be placed in the broader
context of the structural and operational measures that States and the
international community can take to protect populations from these
crimes, which are set out in the reports of the Secretary-General on the
responsibility to protect.”
* * *
It
is awfully clear that the government of India is ignoring its
“responsibility to protect” obligations under international human rights
instruments and international law. At some point we have sufficient
evidence for the crime of “incitement to genocide,” keeping in mind that
acts of genocide do not have to occur for this to be a crime in
international criminal law (‘incitement’ is classed as an ‘inchoate’
crime, meaning that it does not require completion of a harmful act for
the assignment of criminal liability). Incitement is defined as
“encouraging or persuading another to commit an offence,” and under both
the Genocide Convention and the more recent Rwanda Tribunal Statute,
“direct and public incitement is expressly defined as a specific crime,
punishable as such.” [I hope to write more about this in the near
future.]

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