Shannon Maree Torrens
The 13th Doha Conference on Interfaith Dialogue took place in Doha from February 20 to 21 with the theme religion and human rights. Organised by the Doha International Centre for Interfaith Dialogue (DICID) this annual conference aims to foster a collaborative dialogue between the world’s religions. Under the guidance of Professor Ibrahim Saleh K Al-Naimi, DICID aims to spread the culture of dialogue, the peaceful coexistence of humanity and the acceptance of others. A variety of thought provoking topics were discussed at the conference including human rights in religions, as viewed through vision and concepts, theory and practice and in the case of my presentation, through international covenants.
As an international and human rights lawyer from Sydney, I am keenly interested in these issues and in the work of DICID in fostering a collaborative approach to the promotion of peace amongst the world’s religions. I was therefore very interested in the prospect of taking part in the Doha Interfaith Dialogue. Also given the current diplomatic crisis involving Qatar, including the illegal blockade, I was intrigued to visit Qatar for the first time to better understand the political situation in the country and region.
My current work and doctoral research focuses on international criminal law and the prosecution of international crimes at international courts and tribunals such as those established for the former Yugoslavia, Rwanda, Cambodia, Sierra Leone and the new permanent International Criminal Court. The establishment of these tribunals and courts and the trials they undertake generally occur in the context of post conflict states, where the country has been damaged and fractured by what has taken place.
International conflicts and civil wars often have a religious element, featuring the persecution of a religious minority. The research that I presented at the conference focuses on the response of international criminal law to the persecution of religious minorities and ethnic cleansing, namely through the prosecution of religious related crimes at international criminal courts and tribunals. My research concludes that whilst there are avenues available to respond to crimes committed against religious minorities, in practice, political and logistical impediments prevent this from occurring.
In theory, the mere existence of an international criminal tribunal or court that prosecutes crimes against religious minorities is a strong message to potential perpetrators that such actions will be prosecuted at the international level. However, in practice, the deterrent effect of these international courts is undermined by the fact that not all individuals who commit crimes can and will face prosecution. Even when individuals do face trial, there have been accusations of unfair trials and allegations that international trials have a neo-colonial character.
As modern international criminal justice progresses, there is an increasing tendency to look outside the conventional justice model to other avenues of justice response. In this context, it might be possible to create a local response to religious persecution, rather than merely relying on an international court or tribunal. Local justice initiatives do exist in some post conflict states but could be better reformed to include greater focus on crimes against religious minorities.
In the local context, interfaith dialogue could potentially contribute towards responding to and preventing future international crimes against religious minorities as an adjunct, or alternative to the modern international criminal court or tribunal. In a post conflict, multi-religious setting, resolution and reconciliation could be facilitated through discussions held with different religions in a particular region in an effort to ensure greater understanding and collaboration on issues of peace and conflict.
Interfaith dialogue could also be utilised as a form of community education through what international criminal justice calls “outreach” which is conducted in the post conflict state. Outreach focuses on educating the affected community on the work of the respective international court or tribunal and on general principles of international criminal law. It could however also be utilised to facilitate interfaith dialogue and the resolution of religious and ethnic tension that would benefit the post conflict region not only in its tenuous state but also going forward into the future, where interfaith understanding would assist in preventing future conflict.
It is vital to assess the role of international law in responding to religious minorities and their persecution, however in doing so it is essential to consider minorities as powerful, transformational agents in their own story. International criminal law can facilitate a metamorphosis in the identity of victims of religious crimes through collaborating more closely with victims and religious leaders, to better foster understandings of human rights, such as through interfaith dialogue and collaboration.
In this context, the role of the victims of religious persecution in terms of reconciliation and capacity building is particularly important in the reform of institutions and mindsets. It is also relevant in this context to consider whose justice the international community is trying to implement and to be wary of subscribing automatically to western notions of accountability.
Professionally, intellectually, culturally and personally I had an enriching and incredibly memorable experience in Qatar at the Doha Conference on Interfaith Dialogue and very much hope to return to Qatar for the next conference.
Shannon Maree Torrens is an international human rights lawyer from Sydney Australia and a PhD Candidate in international criminal law at the University of Sydney Law School. She has worked at the international criminal tribunals and courts for Rwanda, the former Yugoslavia, Sierra Leone and Cambodia.
