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Wednesday, October 11, 2023

Extrajudicial killing

From Wikipedia, the free encyclopedia
This painting, The Third of May 1808 by Francisco Goya, depicts the summary execution of Spaniards by French forces after the Dos de Mayo Uprising in Madrid.

An extrajudicial killing (also known as an extrajudicial execution or an extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether lawfully or unlawfully, targeting specific people for death, which in authoritarian regimes often involves political, trade union, dissident, religious and social figures. The term is typically used in situations that imply the human rights of the victims have been violated; deaths caused by police actions or legitimate warfighting are generally not included, even though military and police forces are often used for killings seen by critics as illegitimate. The label "extrajudicial killing" has also been applied to organized, lethal enforcement of extralegal social norms by non-government actors, including lynchings and honor killings.

United Nations

Morris Tidball-Binz was appointed the United Nations Special Rapporteur on extrajudicial, summary, or arbitrary executions on 1 April 2021 by the Office of the United Nations High Commissioner for Human Rights (OHCHR).

Human rights groups

Many human rights organizations, including Amnesty International and Human Rights Watch, are campaigning against extrajudicial punishment.

The Human Rights Measurement Initiative measures the right to freedom from extrajudicial execution for countries around the world, using a survey of in-country human rights experts.

International law

Law of war

Article 3(d) of the First Geneva Convention explicitly prohibits carrying out executions without passing a prior judgement by a competent and regularly constituted court with all commonly recognized judicial guarantees for everyone taking part in the trial.

By country

Africa

Burundi

Extrajudicial killings and death squads are common in Burundi.

Democratic Republic of the Congo

Extrajudicial killings and death squads are common in Democratic Republic of the Congo.

Egypt

Extrajudicial killings and death squads are common in Egypt. Egypt recorded and reported more than a dozen unlawful extrajudicial killings of apparent ‘terrorists’ in the country by the NSA officers and the Interior Ministry police in September 2021. A 101-page report detailed the ‘armed militants’ being killed in shootouts despite not posing any threat to the security forces or nations of the country while being killed, which in many cases were already in custody. Statements by the family and relatives of those killed claimed that the victims were not involved in any armed or violent activities.

Eritrea

The 2019 Universal Periodic Review of the United Nations Human Rights Council found that in 2016, Eritrean authorities committed extrajudicial killings, in the context of a "persistent, widespread and systematic attack against the civilian population" since 1991, including "the crimes of enslavement, imprisonment, enforced disappearance, torture, other inhumane acts, persecution, rape and murder".

Ethiopia

Extrajudicial killings and death squads are common in Ethiopia.

Ivory Coast

Extrajudicial killings and death squads are common in Ivory Coast.

Kenya

Extrajudicial executions are common in informal settlements in Kenya. Killings are also common in Northern Kenya under the guise of counter-terrorism operations.

Libya

Extrajudicial killings and death squads are common in Libya.

Americas

Argentina

Operation Condor participants.
  active members
  collaborators

Argentina's National Reorganization Process military dictatorship during the 1976–1983 period used extrajudicial killings systematically as way of crushing the opposition in the so-called "Dirty War" or what is known in Spanish as La Guerra Sucia. During this violent period, it is estimated that the military regime killed between eleven thousand and fifteen thousand people and most of the victims were known or suspected to be opponents of the regime. These included intellectuals, labor leaders, human rights workers, priests, nuns, reporters, politicians, and artists as well as their relatives. Authorities Half of the number of extrajudicial killings were reportedly carried out by the murder squad that operated from a detention center in Buenos Aires called Escuela Mecanica de la Armada. The dirty wars in Argentina sometimes triggered even more violent conflicts since the killings and crackdowns precipitated responses from insurgents.

Brazil

Brazilian politician Marielle Franco had been an outspoken critic of extrajudicial killings. She was assassinated in March 2018.

Extrajudicial killings and death squads are common in Brazil. Senator Flávio Bolsonaro, son of President Jair Bolsonaro, was accused of having ties to death squads.

Chile

When General Augusto Pinochet assumed power in the 1973 Chilean coup d'état, he immediately ordered the purges, torture, and deaths of more than 3,000 supporters of the previous democratic socialist government without trial. During his regime, which lasted from 1973 to 1989, elements of the Chilean Armed Forces and police continued committing extrajudicial killings. These included Manuel Contreras, the former head of Chile's National Intelligence Directorate (DINA), which served as Pinochet's secret police. He was behind numerous assassinations and human rights abuses such as the 1974 abduction and forced disappearance of Socialist Party of Chile leader Victor Olea Alegria. Some of the killings were also coordinated with other right-wing dictatorships in the Southern Cone in the so-called Operation Condor. There were reports of United States' Central Intelligence Agency (CIA) involvement, particularly within its activities in Central and South America that promoted anti-Communist coups. While CIA's complicity was not proven, American dollars supported the regimes that carried out extrajudicial killings such as the Pinochet administration. CIA, for instance, helped create DINA and the agency admitted that Contreras was one of its assets.

Colombia

Extrajudicial killings and death squads are common in Colombia.

An investigation of the Special Jurisdiction for Peace found that from 2002 to 2008, 6402 civilians were killed by the Government of Colombia, falsely claimed to be FARC rebels by the Military Forces of Colombia.

El Salvador

Extrajudicial killings and death squads are common in El Salvador. During the Salvadoran Civil War, death squads achieved notoriety when far-right vigilantes assassinated Archbishop Óscar Romero for his social activism in March 1980. In December 1980, four Americans—three nuns and a lay worker—were raped and murdered by a military unit later found to have been acting on specific orders. Death squads were instrumental in killing hundreds of peasants and activists, including such notable priests as Rutilio Grande. Because the death squads involved were found to have been soldiers of the Salvadoran Armed Forces, which was receiving U.S. funding and training from American advisors during the Carter administration, these events prompted outrage in the U.S. and led to a temporary cutoff in military aid from the Reagan administration, although death squad activity stretched well into the Reagan years (1981–1989) as well.

Honduras

Honduras also had death squads active through the 1980s, the most notorious of which was Battalion 316. Hundreds of people, including teachers, politicians and union bosses, were assassinated by government-backed forces. Battalion 316 received substantial support and training from the United States Central Intelligence Agency.

Jamaica

Extrajudicial killings and death squads are common in Jamaica.

Mexico

Extrajudicial killings and death squads are common in Mexico.

Suriname

On 7, 8, and 9 December 1982 fifteen prominent Surinamese men who had criticized Dési Bouterse's ruling military regime were murdered. This tragedy is known as the December murders. The acting commander of the army Dési Bouterse was sentenced 20 years in prison by the Surinamese court martial on the 29 November 2019.

United States

Due to the highly decentralized nature of policing in the United States, there are no official estimates of extrajudicial killings which are committed by law enforcement. According to research which was conducted by reporters at The Guardian, the number of killings which are committed by law enforcement in the United States is estimated to be around 1,000 per year.  The same figure is used by international human rights groups such as Amnesty International. However, a 2021 study undertaken by researchers at the University of Washington and published in The Lancet suggests the total may be twice as high due to systemic underreporting by local police departments.

Based on a survey of human rights experts administered by the Human Rights Measurement Initiative, the U.S. scores a 4.1 on a scale of 0-10 on the right to freedom from extrajudicial execution.

Lynching

Lynching was the extrajudicial killings which began in the United States' pre–Civil War South in the 1830s and ended during the civil rights movement in the 1950s and 1960s. Although the victims of lynchings were members of various ethnicities, after roughly 4 million enslaved African Americans were emancipated, they became the primary targets of white Southerners. Lynchings in the U.S. reached their height from the 1890s to the 1920s, and they primarily victimised ethnic minorities. Most of the lynchings occurred in the American South because the majority of African Americans lived there, but racially motivated lynchings also occurred in the Midwest and border states.

Targeted killing

One issue regarding extrajudicial killing is the legal and moral status of targeted killing by unmanned aerial vehicles of the United States.

Section 3(a) of the United States Torture Victim Protection Act contains a definition of extrajudicial killing:

a deliberate killing not authorized by a previous judgment pronounced by a regular constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Such term, however, does not include any such killing that, under international law, is lawfully carried out under the authority of a foreign nation.

The legality of killings such as in the death of Osama bin Laden in 2011 and the death of Qasem Soleimani in 2020 have been brought into question. In that case, the US defended itself claiming the killing was not an assassination but an act of "National Self Defense". There had been just under 2,500 assassinations by targeted drone strike by 2015, and these too have questioned as being extrajudicial killings.

Concerns about targeted and sanctioned killings of non-Americans and American citizens in overseas counter-terrorism activities have been raised by lawyers, news firms and private citizens.

On September 30, 2011 a drone strike in Yemen killed American citizens Anwar al-Awlaki and Samir Khan. Both resided in Yemen at the time of their deaths. The executive order approving Al-Awlaki's death was issued by Barack Obama in 2010, and was challenged by the American Civil Liberties Union and the Center for Constitutional Rights in that year. The U.S. president issued an order, approved by the National Security Council, that Al-Awlaki's normal legal rights as a civilian should be suspended and his death should be imposed, as he was a threat to the United States. The reasons provided to the public for approval of the order were Al-Awlaki's links to the 2009 Fort Hood Massacre and the 2009 Christmas Day bomb plot, the attempted destruction of a Detroit-bound passenger-plane. The following month, al-Awlaki's son Abdulrahman al-Awlaki, an American citizen, was killed by another US drone strike and in January 2017 Nawar al-Awlaki, al-Awlaki's eight-year-old daughter, also an American citizen and half-sister of Abdulrahman, was shot to death during the raid on Yakla by American forces along with between 9 and 29 other civilians, up to 14 al-Qaeda fighters, and American Navy SEAL William Owens.

President Donald Trump

President Donald Trump continued the practice of extrajudicial killings of his predecessor. Those killed under this policy include:

The New York Times reported 13 November 2020 that Abdullah Ahmed Abdullah was assassinated 7 August 2020 on the streets of Tehran by Israeli operatives at the behest of the United States, according to four intelligence officials of the United States.

Comments on Michael Reinoehl's death

On September 3, 2020, a law enforcement officer in Lacey, Washington fatally shot Michael Forest Reinoehl during a shootout. Reinoehl initiated the shootout according to statements by officials. However, there were conflicting witness reports, most notably Nathaniel Dingess, who told The New York Times, that agents opened fire on Reinoehl while on the phone and eating candy without verbal warning. Dingess said that Reinoehl attempted to take cover by the side of a car before he was fatally shot and was only carrying a phone. Reinoehl was a self-described Antifa activist who was charged of second-degree murder by the Portland Police Bureau following the fatal shooting on August 29, 2020, of a Patriot Prayer supporter, Aaron J. Danielson, in Portland, Oregon. In a Fox News cable television interview September 12, 2020, hosted by Jeanine Pirro, President Trump commenting on Reinoehl's death said, "This guy [Reinoehl] was a violent criminal, and the U.S. Marshals killed him ... And I will tell you something – that's the way it has to be". At an October 15, 2020 rally in Greenville, North Carolina he further elaborated on his praise for the shooting. Trump said "they didn't want to arrest him", which Rolling Stone characterized as Trump describing the Reinoehl's death as an extrajudicial killing. although in a statement immediately after the death the United States Marshals Service had said that their task force was attempting to arrest Reinoehl.

President Joe Biden

President Joe Biden continued his predecessors' practice of extrajudicial killings. Those killed during his administration include:

Venezuela

Extrajudicial killings and death squads are common in Venezuela. According to Human Rights Watch almost 18,000 people have been killed by security forces in Venezuela since 2016 for "resistance to authority" and many of these killings may constitute extrajudicial execution. Amnesty International estimated that there were more than 8,200 extrajudicial killings in Venezuela from 2015 to 2017.

Ahead of a three-week session of the United Nations Human Rights Council, the OHCHR chief, Michelle Bachelet, visited Venezuela between 19 and 21 June 2019. Bachelet expressed her concerns for the "shockingly high" number of extrajudiciary killings and urged for the dissolution of the Special Action Forces (FAES). The report also details how the Venezuelan government has "aimed at neutralising, repressing and criminalising political opponents and people critical of the government" since 2016.

Asia

Afghanistan

Islamic Republic of Afghanistan officials presided over murders, abduction, and other abuses with the tacit backing of their government and its western allies, Human Rights Watch alleged in its report from March 2015.

Bangladesh

Extrajudicial killings and death squads are common in Bangladesh.

The Bangladesh Police special security force Rapid Action Battalion (RAB) has long been known for extrajudicial killing. In a leaked WikiLeaks cable it was found that RAB was trained by the UK government. 16 RAB officials (sacked afterwards) including Lt Col (sacked) Tareque Sayeed, Major (sacked) Arif Hossain, and Lt Commander (sacked) Masud Rana were given death penalty for abduction, murder, concealing the bodies, conspiracy and destroying evidences in the Narayanganj Seven Murder case.

Beside this many alleged criminals were killed by Bangladesh police by the name of Crossfire. In 2018, many alleged drug dealers were killed in the name of "War on Drugs" in Bangladesh.

India

Hardeep Singh Nijjar was a political refugee from India living in Canada. He was murdered 18 June 2023. Prime Minister Justin Trudeau accused 18 September 2023 the Indian government publicly of complicity.

Extrajudicial killings and death squads are common in India. A form of extrajudicial killing is called police encounters. Such encounters are also being staged by military and other security forces. Extrajudicial killings are also common in Indian states especially in Uttar Pradesh where 73 people were killed from March 2017 to March 2019. Police Encounter on 6 December 2019, by the Telangana Police in the 2019 Hyderabad gang rape case killing the 4 accused is another form of extrajudicial killing.

Indonesia

Extrajudicial killings and death squads are common in Indonesia.

Iran

In the 1953 Iranian coup d'état a regime was installed through the efforts of the American CIA and the British MI6 in which the Shah (hereditary monarch) Mohammad Reza Pahlavi used SAVAK death squads (also trained by the CIA) to imprison, torture and/or kill hundreds of dissidents. After the 1979 revolution death squads were used to an even greater extent by the new Islamic government. In 1983, the CIA gave the Supreme Leader of IranAyatollah Khomeini—information on KGB agents in Iran. This information was probably used. The Iranian government later used death squads occasionally throughout the 1970s, 1980s, and 1990s; however by the 2000s it seems to have almost entirely, if not completely, ceased using them.

The Dutch secretary of Foreign Affairs Stef Blok wrote Januari 2019 to the States General of the Netherlands that the intelligence service AIVD had strong indications that Iran is responsible for the murder of Mohammad Reza Kolahi Samadi in 2015 in Almere and of Ahmad Mola Nissi in 2017 in The Hague.

February 4, 2021 Iranian diplomat Asadollah Asadi and three other Iranian nationals were convicted in Antwerp for plotting to bomb a 2018 rally of National Council of Resistance of Iran in France.

Iraq

Extrajudicial killings and death squads are common in Iraq.

Iraq was formed as a League of Nations mandate by the partition and domination of various tribal lands by the British Empire in the early 20th century, after the break-up of the Ottoman Empire in the aftermath of World War I. The United Kingdom granted independence to the Kingdom of Iraq in 1932, on the urging of King Faisal, though the British Armed Forces retained military bases and transit rights. King Ghazi of Iraq ruled as a figurehead after King Faisal's death in 1933, while undermined by attempted military coups, until his death in 1939. The United Kingdom invaded Iraq in 1941 for fear that the government of Rashid Ali al-Gaylani might cut oil supplies to Western nations, and because of his links to the Axis powers. A military occupation followed the restoration of the Hashemite monarchy, and the occupation ended on October 26, 1947. Iraq was left with a national government led from Baghdad made up of Sunni ethnicity in key positions of power, ruling over an ad hoc nation splintered by tribal affiliations. This leadership used death squads and committed massacres in Iraq throughout the 20th century, culminating in the Ba'athist dictatorship of Saddam Hussein.

The country has since become increasingly partitioned following the Iraq War into three zones: a Kurdish ethnic zone to the north, a Sunni center and the Shia ethnic zone to the south. The secular Arab socialist Baathist leadership were replaced with a provisional and later constitutional government that included leadership roles for the Shia (Prime Minister) and Kurdish (President of the Republic) peoples of the nation. This paralleled the development of ethnic militias by the Shia, Sunni, and the Kurdish (Peshmerga).

There were death squads formed by members of every ethnicity. In the national capital of Baghdad some members of the now-Shia Iraqi security forces (and militia members posing as members of Iraqi Police or Iraqi Armed Forces) formed unofficial, unsanctioned, but long-tolerated death squads. They possibly had links to the Interior Ministry and were popularly known as the 'black crows'. These groups operated night or day. They usually arrested people, then either tortured or killed them.

The victims of these attacks were predominantly young males who had probably been suspected of being members of the Sunni insurgency. Agitators such as Abdul Razaq al-Na'as, Dr. Abdullateef al-Mayah, and Dr. Wissam Al-Hashimi have also been killed. These killings are not limited to men; women and children have also been arrested and/or killed. Some of these killings have also been part of simple robberies or other criminal activities.

A feature in a May 2005 issue of the magazine of The New York Times claimed that the Multi-National Force – Iraq had modelled the "Wolf Brigade", the Iraqi interior ministry police commandos, on the death squads used in the 1980s to crush the left-wing insurgency in El Salvador.

Western news organizations such as Time and People disassembled this by focusing on aspects such as probable militia membership, religious ethnicity, as well as uniforms worn by these squads rather than stating the United States-backed Iraqi government had death squads active in the Iraqi capital of Baghdad.

Israel

In a report from October 2015, Amnesty International documented incidents that "appear to have been extrajudicial executions" against Palestinian civilians. Several of those incidents occurred after Palestinians attempted to attack Israelis or Israel Defense Forces soldiers. Even though the attackers did not pose a serious threat, they were shot without attempting to arrest the suspects before resorting to the use of lethal force. Medical attention for severely wounded Palestinians was in many cases delayed by Israeli forces.

The New York Times reported 13 November 2020 that Abdullah Ahmed Abdullah was assassinated 7 August 2020 on the streets of Tehran by Israeli operatives at the behest of the United States, according to four intelligence officials of the United States.

Iranian nuclear physicist Mohsen Fakhrizadeh was killed 27 November 2020 on a rural road in Absard, a city near Tehran. One American official — along with two other intelligence officials — said that Israel was behind the attack on the scientist.

On 16 March 2023, the Israeli Army killed four Palestinian militants in Jenin. One motionless victim was shot in the head. According to The Guardian, the Israeli group of military veterans against the occupation, Breaking the Silence, called this an "extrajudicial execution".

Pakistan

Extrajudicial killings and death squads are common in Pakistan. A form of extrajudicial killing called encounter killings by police is common in Pakistan. Case in point is Naqeebullah Mehsud and Sahiwal Killings. The Province of Balochistan has also seen a significant number of disappearances, many of which have been attributed to security forces by residents: anti-government Baloch nationalists claim thousands of cases and have stated a belief that most of these disappeared persons have been killed. Official numbers of disappeared persons have varied considerably, ranging between 55 and 1,100 victims. Human rights organizations have dubbed this practice as the "kill and dump policy".

Papua New Guinea

Extrajudicial killings and death squads are common in Papua New Guinea.

Philippines

Extrajudicial killings and death squads are common in Philippines.

Maguindanao massacre

The Committee to Protect Journalists (CPJ) has called the massacre the single deadliest event for journalists in history. Even prior to this, the CPJ had labeled the Philippines the second most dangerous country for journalists, second only to Iraq.

War on drugs
Protest against the Philippine war on drugs in front of the Philippine Consulate General in New York City, October 2016

Following the victory of Rodrigo Duterte in the 2016 Philippine presidential election, a campaign against illegal drugs has led to widespread extrajudicial killings. This follows the actions by then-Mayor Duterte to roam Davao in order to "encounter to kill".

The Philippine president has urged its citizens to kill suspected criminals and drug addicts, ordered the police to adopt a shoot-to-kill policy, has offered rewards for killing suspects, and has even admitted to personally killing suspected criminals.

The move has sparked widespread condemnation from international publications and magazines, prompting the Philippine government to issue statements denying the existence of state-sanctioned killings.

Though Duterte's controversial war on drugs was opposed by the United States under President Barack Obama, the European Union, and the United Nations, Duterte claims that he has received approving remarks from US President Donald Trump.

On September 26, 2016, Duterte issued guidelines that would enable the United Nations Rapporteur on Extrajudicial Killings to probe the rising death toll. On December 14, 2016, Duterte cancelled the planned visit of the Rapporteur who declined to accept government conditions that were not consistent with the code of conduct for special rapporteurs.

Saudi Arabia

The Saudi dissident Jamal Khashoggi was assassinated at the Saudi consulate in Istanbul on October 2, 2018.

Syria

Extrajudicial killings and death squads are common in Syria.

Tajikistan

Extrajudicial killings and death squads are common in Tajikistan.

Thailand

Extrajudicial killings and death squads are common in Thailand. Reportedly thousands of extrajudicial killings occurred during the 2003 anti-drug effort of Thailand's prime minister Thaksin Shinawatra.

Rumors still persist that there is collusion between the government, rogue military officers, the radical right wing, and anti-drug death squads.

Both Muslim and Buddhist sectarian death squads still operate in the south of the country.

Turkey

Extrajudicial killings and death squads are common in Turkey. In 1990 Amnesty International published its first report on extrajudicial executions in Turkey. In the following years the problem became more serious. The Human Rights Foundation of Turkey determined the following figures on extrajudicial executions in Turkey for the years 1991 to 2001:

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
98 283 189 129 96 129 98 80 63 56 37

In 2001 the UN Special Rapporteur on Extrajudicial, summary or arbitrary executions, Ms. Asma Jahangir, presented a report on a visit to Turkey. The report presented details of killings of prisoners (26 September 1999, 10 prisoners killed in a prison in Ankara; 19 December 2000, an operation in 20 prisons launched throughout Turkey resulted in the death of 30 inmates and two gendarmes).

For the years 2000–2008 the Human Rights Association (HRA) gives the following figures on doubtful deaths/deaths in custody/extra judicial execution/torture by paid village guards.

2000 2001 2002 2003 2004 2005 2006 2007 2008
173 55 40 44 47 89 130 66 65

In 2008 the human rights organization Mazlum Der counted 25 extrajudicial killings in Turkey.

Vietnam

Nguyễn Văn Lém (referred to as Captain Bay Lop) (died 1 February 1968 in Saigon) was a member of the Viet Cong who was summarily shot in Saigon during the Tet Offensive. The photograph of his death would become one of many anti-Vietnam War icons in the Western World.

Europe

Belarus

Demonstration in Warsaw, reminding about the disappearances of oppositionals in Belarus.

In 1999 Belarusian opposition leaders Yury Zacharanka and Viktar Hanchar together with his business associate Anatol Krasouski disappeared. Hanchar and Krasouski disappeared the same day of a broadcast on state television in which President Alexander Lukashenko ordered the chiefs of his security services to crack down on "opposition scum". Although the State Security Committee of the Republic of Belarus (KGB) had them under constant surveillance, the official investigation announced that the case could not be solved. The disappearance of journalist Dzmitry Zavadski in 2000 has also yielded no results. Copies of a report by the Parliamentary Assembly of the Council of Europe, which linked senior Belarusian officials to the cases of disappearances, were confiscated. Human Rights Watch claims that Zacharanka, Hanchar, Krasouski and Zavadski likely became victims of extrajudicial executions.

Russia

Extrajudicial killings have taken place in Russia. In the Russian Federation, a number of journalist murders were attributed to public administration figures, usually where the publications would reveal their involvement in large corruption scandals. It has been regarded that the poisoning of Alexander Litvinenko was linked to Russian special forces. American and British intelligence agents have claimed that Russian assassins, some possibly at orders of the government, are behind at least fourteen targeted killings in the United Kingdom that police authorities have termed non-suspicious. The United Kingdom attributes the poisoning of Sergei and Yulia Skripal in March 2018 to the Russian military-intelligence agency GRU. The German foreign minister Heiko Maas said there were "several indications" that Russia was behind the poisoning of Alexei Navalny.

Soviet Union

In Soviet Russia, since 1918 the secret police organization Cheka was authorized to execute counter-revolutionaries without trial. Hostages were also executed by Cheka during the Red Terror in 1918–1920. The successors of Cheka also had the authority for extrajudicial executions. In 1937–38 hundreds of thousands were executed extrajudicially during the Great Purge under the lists approved by NKVD troikas. In some cases, the Soviet special services did not arrest and then execute their victims but just secretly killed them without any arrest. For example, Solomon Mikhoels was murdered in 1948 and his body was run over to create the impression of a traffic accident. The Soviet special services also conducted extrajudicial killings abroad, most notably of Leon Trotsky in 1940 in Mexico, Stepan Bandera in 1959 in Germany, Georgi Markov in 1978 in London.

Spain

From 1983 until 1987, the Spanish government supported paramilitary squads, denominated GAL, to fight ETA, a Basque terrorist organization. A relevant example was the Lasa and Zabala case, in which José Antonio Lasa and José Ignacio Zabala were kidnapped, tortured and executed by police forces in 1983.

United Kingdom

During the Troubles, an ethno-nationalist conflict in Northern Ireland, British security forces and intelligence agents were accused of committing extrajudicial killings against suspected IRA members. Brian Nelson, an Ulster Defence Association member and secret British agent, was convicted in a court of sectarian murders.

Operation Kratos referred to tactics developed by London's Metropolitan Police for dealing with suspected suicide bombers, most notably firing shots to the head without warning. Little was revealed about these tactics until after the mistaken shooting of Jean Charles de Menezes on 22 July 2005.

Forced displacement

From Wikipedia, the free encyclopedia

Forced displacement (also forced migration or forced relocation) is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, generalized violence or human rights violations".

A forcibly displaced person may also be referred to as a "forced migrant", a "displaced person" (DP), or, if displaced within the home country, an "internally displaced person" (IDP). While some displaced persons may be considered as refugees, the latter term specifically refers to such displaced persons who are receiving legally-defined protection and are recognized as such by their country of residence and/or international organizations.

Syrian and Iraqi migrants arriving in Lesbos, Greece in 2015 seeking refuge.
Syrian and Iraqi migrants arriving in Lesbos, Greece in 2015 seeking refuge.

Forced displacement has gained attention in international discussions and policy making since the European migrant crisis. This has since resulted in a greater consideration of the impacts of forced migration on affected regions outside Europe. Various international, regional, and local organizations are developing and implementing approaches to both prevent and mitigate the impact of forced migration in the previous home regions as well as the receiving or destination regions. Additionally, some collaboration efforts are made to gather evidence in order to seek prosecution of those involved in causing events of man-made forced migration. An estimated 100 million people around the world were forcibly displaced by the end of 2022, with the majority coming from the Global South.

General deportation currents of the dekulakization 1930–1931

Definitions

Governments, NGOs, other international organizations and social scientist have defined forced displacement in a variety of ways. They have generally agreed that it is the forced removal or relocation of a person from their environment and associated connections. It can involve different types of movements, such as flight (from fleeing), evacuation, and population transfer.

  • The International Organization for Migration defines a forced migrant as any person migrating to "escape persecution, conflict, repression, natural and human-made disasters, ecological degradation, or other situations that endanger their lives, freedom or livelihood".
  • According to UNESCO, forced displacement is "the forced movement of people from their locality or environment and occupational activities," with its leading cause being armed conflict.
  • According to researcher Alden Speare, even movement under immediate threat to life contains a voluntary element as long as an option exists going into hiding, or attempting to avoid persecution. According to him "migration can be considered to be involuntary only when a person is physically transported from a country and has no opportunity to escape from those transporting him [or her]." This viewpoint has come under scrutiny when considering direct and indirect factors which may leave migrants with little to no choice in their decisions, such as imminent threats to life and livelihood.

Distinctions between the different concepts

  • A migrant who fled their home because of economic hardship is an economic migrant, and strictly speaking, not a displaced person.
  • If the displaced person was forced out their home because of economically driven projects, such as the Three Gorges Dam in China, the situation is referred to as development-induced displacement.
  • A displaced person who left their home region because of political persecution or violence, but did not cross an international border, commonly falls into the looser category of internally displaced person (IDP), subject to more tenuous international protection. In 1998, the UN Commission on Human Rights published the Guiding Principles on Internal Displacement, defining internally displaced people as: "persons or groups of persons who have been forced or obliged to flee or leave their homes or places of habitual residence in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights, or natural or human-made disasters and who have not crossed an internationally recognized State border."
  • If the displaced person has crossed an international border and falls under one of the relevant international legal instruments, they may be able to apply for asylum and can become a refugee if the application is successful. Although often incorrectly used as a synonym for displaced person, the term "refugee" refers specifically to a legally-recognized status that has access to specific legal protections. Loose application of the term "refugee" may cause confusion between the general descriptive class of displaced persons and those who can legally be defined as refugees.
  • Some forced migrants may, due to the country of residence's legal system, be unable to apply for asylum in that country. Thus, even though they meet the international law definition of a refugee they are unable to claim asylum and become recognised by their host country as refugees.
  • A displaced person crossing an international border without permission from the country they are entering or without subsequently applying for asylum may be considered an illegal immigrant.
  • Forced migrants are always either IDPs or displaced people, as both of these terms do not require a legal framework and the fact that they left their homes is sufficient. The distinction between the terms displaced person and forced migrant is minor, however, the term displaced person has an important historic context (e.g. World War II).

History of the term displaced person

The term displaced person (DP) was first widely used during World War II, following the subsequent refugee outflows from Eastern Europe. In this context, DP specifically referred to an individual removed from their native country as a refugee, prisoner or a slave laborer. Most war victims, political refugees, and DPs of the immediate post-Second World War period were Ukrainians, Poles, other Slavs, and citizens of the Baltic states (Lithuanians, Latvians, and Estonians) who refused to return to Soviet-dominated Eastern Europe. A.J. Jaffe claimed that the term was originally coined by Eugene M. Kulischer. The meaning has significantly broadened in the past half-century.

Causes and examples

Bogumil Terminski distinguishes two general categories of displacement:

  • Displacement of risk: mostly conflict-induced displacement, deportations and disaster-induced displacement.
  • Displacement of adaptation: associated with voluntary migration, development-induced displacement and environmentally-induced displacement.

Natural causes

Forced displacement may directly result from natural disasters and indirectly from the subsequent impact on infrastructure, food and water access, and local/regional economies. Displacement may be temporary or permanent, depending on the scope of the disaster and the area's recovery capabilities. Climate change is increasing the frequency of major natural disasters, possibly placing a greater number of populations in situations of forced displacement. Also crop failures due to blight and/or pests fall within this category by affecting people's access to food. Additionally, the term environmental refugee represents people who are forced to leave their traditional habitat because of environmental factors which negatively impact their livelihood, or even environmental disruption i.e. biological, physical or chemical change in ecosystem. Migration can also occur as a result of slow-onset climate change, such as desertification or sea-level rise, of deforestation or land degradation.

Examples of forced displacement caused by natural disasters

Damage to residence in Nias, Indonesia from the December 2004 Indian Ocean Tsunami
  • 2004 Indian Ocean Tsunami: Resulting from a 9.1 earthquake off the coast of North Sumatra, the Indian Ocean Tsunami claimed over 227,898 lives, heavily damaging coastlines throughout the Indian Ocean. As a result, over 1.7 million people were displaced, mostly from Indonesia, Sri Lanka, and India.
  • 2005 Hurricane Katrina: Striking New Orleans, Louisiana in late August 2005, Hurricane Katrina inflicted approximately US$125 billion in damages, standing as one of the costliest storms in United States history. As a result of the damage inflicted by Katrina, over one million people were internally displaced. One month after the disaster, over 600,000 remained displaced. Immediately following the disaster, New Orleans lost approximately half of its population, with many residents displaced to cities such as Houston, Dallas, Baton Rouge, and Atlanta. According to numerous studies, displacement disproportionally impacted Louisiana's poorer populations, specifically African Americans.
  • 2011 East African Drought: Failed rains in Somalia, Kenya, and Ethiopia led to high livestock and crop losses, driving majority pastoralist populations to surrounding areas in search of accessible food and water. In addition to seeking food and water, local populations' migration was motivated by an inability to maintain traditional lifestyles. According to researchers, although partly influenced by local armed conflict, the East African Drought stands as an example of climate change impacts.

Man-made causes

Man-made displacement describes forced displacement caused by political entities, criminal organizations, conflicts, man-made environmental disasters, development, etc. Although impacts of natural disasters and blights/pests may be exacerbated by human mismanagement, man-made causes refer specifically to those initiated by humans. According to UNESCO, armed conflict stands as the most common cause behind forced displacement, reinforced by regional studies citing political and armed conflict as the largest attributing factors to migrant outflows from Latin America, Africa, and Asia.

Examples of forced displacement caused by criminal activity

  • Displacement in Mexico due to cartel violence: Throughout Mexico, drug cartel, paramilitary, and self-defense group violence drives internal and external displacement. According to a comprehensive, mixed methodology study by Salazar and Álvarez Lobato, families fled their homes as a means of survival, hoping to escape homicide, extortion, and potential kidnapping. Using a collection of available data and existing studies, the total number of displaced persons between 2006 and 2012 was approximately 740 thousands.
  • Displacement in Central America due to cartel/gang violence: A major factor behind US immigrant crises in the early 21st century (such as the 2014 immigrant crisis), rampant gang violence in the Northern Triangle, combined with corruption and low economic opportunities, has forced many to flee their country in pursuit of stability and greater opportunity. Homicide rates in countries such as El Salvador and Honduras reached some of the highest in the world, with El Salvador peaking at 103 homicides per 100,000 people. Contributing factors include extortion, territorial disputes, and forced gang recruitment, resulting in some estimates of approximately 500,000 people displaced annually.
  • Displacement in Colombia due to conflict and drug-related violence: According to researchers Mojica and Eugenia, Medellín, Colombia around 2013 exemplified crime and violence-induced forced displacement, standing as one of the most popular destinations for IDPs while also producing IDPs of its own. Rural citizens fled from organized criminal violence, with the majority pointing to direct threats as the main driving force, settling in Medellín in pursuit of safety and greater opportunity. Within Medellín, various armed groups battled for territorial control, forcing perceived opponents from their homes and pressuring residents to abandon their livelihoods, among other methods. All in all, criminal violence forced Colombians to abandon their possessions, way of life, and social ties in pursuit of safety.

Examples of forced displacement caused by political conflict

  • 1949-1956 Palestinian Exodus
  • Jewish exodus from the Muslim world
  • Vietnam War: Throughout the Vietnam War and in the years proceeding it, many populations were forced out of Vietnam and the surrounding countries as a result of armed conflict and/or persecution by their governments, such as the Socialist Republic of Vietnam. This event is referred to as the Indochina Refugee Crisis, with millions displaced across Asia, Australia, Europe, and North America.
  • Salvadoran Civil War: Throughout and after the 12-year conflict between the Salvadoran government and the FMLN, Salvadorans faced forced displacement as a result of combat, persecution, and deteriorating quality of life/access to socioeconomic opportunities. Overall, one in four Salvadorans were internally and externally displaced (over one million people).
  • Myanmar coup: since the coup d’état of 1 February 2021, the Burmese military’s ascendancy into power has resulted in widespread chaos and violence, aggravated by the refusal of large sections of the public to accept a military regime given the country’s experiences during the second half of the 20th and early years of the 21st century. As a result, many in the public sector have initiated strikes, and the country has seen elevated levels of forced displacement, both internally displaced persons (IDPs) (208,000 since 1 February 2021) and refugees fleeing abroad (an estimated 22,000 since 1 February 2021). The particular political conflict causing the displacement has been flagged as symptomatic of that of a state on the brink of collapse. Two key indicators of this that have been highlighted are firstly, that levels of security have been severely reduced to the point where citizens are no longer protected from violence by the state, and secondly, goods and services are not being reliably supplied to citizens either by the ousted government or by the new military leadership, primarily as a result of the instability created and the strikes triggered. These internal problems are further reflected by the withdrawal of international recognition by both governmental and non-governmental bodies.

Examples of forced displacement caused by man-made environmental disasters

  • 2019 Amazon Rainforest Wildfires: Although man-made fires are a normal part of Amazonian agriculture, the 2019 dry season saw an internationally noted increase in their rate of occurrence. The rapidly spreading fires, combined with efforts from agricultural and logging companies, has forced Brazil's indigenous populations off their native lands.
  • Chernobyl Nuclear Disaster: A nuclear meltdown on April 26, 1986 near Pripyat, Ukraine contaminated the city and surrounding areas with harmful levels of radiation, forcing the displacement of over 100,000 people.
  • Great Famine of Ireland: Between 1845 and 1849, potato blight exasperated by policy decisions and mismanagement by the U.K. government caused millions of Irish people, largely potato-dependent tenant farmers, to starve or eventually flee the country. Over one million perished from subsequent famine and disease, and another million fled the country, reducing the overall Irish population by at least a quarter.

Other man-made displacement

Conditions faced by displaced persons

Children of Undocumented Immigrants from Latin America to the United States detained in the Ursula Detention Center, McAllen, Texas.

Displaced persons face adverse conditions when taking the decision to leave, traveling to a destination, and sometimes upon reaching their destination. Displaced persons are often forced to place their lives at risk, travel in inhumane conditions, and may be exposed to exploitation and abuse. These risk factors may increase through the involvement of smugglers and human traffickers, who may exploit them for illegal activities such as drug/weapons trafficking, forced labor, or sex work. The states where migrants seek protection may consider them a threat to national security. Displaced persons may also seek the assistance of human smugglers (such as coyotes in Latin America) throughout their journey. Given the illegal nature of smuggling, smugglers may take use dangerous methods to reach their destination without capture, exposing displaced persons to harm and sometimes resulting in deaths. Examples include abandonment, exposure to exploitation, dangerous transportation conditions, and death from exposure to harsh environments.

In most instances of forced migration across borders, migrants do not possess the required documentation for legal travel. The states where migrants seek protection may consider them a threat to national security. As a result, displaced persons may face detainment and criminal punishment, as well as physical and psychological trauma. Various studies focusing on migrant health have specifically linked migration to increased likelihood of depression, anxiety, and other psychological troubles. For example, the United States has faced criticism for its recent policies regarding migrant detention, specifically the detention of children. Critics point to poor detention conditions, unstable contact with parents, and high potential for long-term trauma as reasons for seeking policy changes. Displaced persons risk greater poverty than before displacement, financial vulnerability, and potential social disintegration, in addition to other risks related to human rights, culture, and quality of life. Forced displacement has varying impacts, dependent on the means through which one was forcibly displaced, their geographic location, their protected status, and their ability to personally recover. Under the most common form of displacement, armed conflict, individuals often lose possession of their assets upon fleeing and possible upon arrival to a new country, where they can also face cultural, social, and economic discontinuity.

Responses to forced displacement

International response

Responses to situations of forced displacement vary across regional and international levels, with each type of forced displacement demonstrating unique characteristics and the need for a considerate approach. At the international level, international organizations (e.g. the UNHCR), NGOs (Doctors without Borders), and country governments (USAID) may work towards directly or indirectly ameliorating these situations. Means may include establishing internationally recognized protections, providing clinics to migrant camps, and supplying resources to populations. According to researchers such as Francis Deng, as well as international organizations such as the UN, an increase in IDPs compounds the difficulty of international responses, posing issues of incomplete information and questions regarding state sovereignty. State sovereignty especially becomes of concern when discussing protections for IDPs, who are within the borders of a sovereign state, placing reluctance in the international community's ability to respond. Multiple landmark conventions aim at providing rights and protections to the different categories of forcibly displaced persons, including the 1951 Refugee Convention, the 1967 Protocol, the Kampala Convention, and the 1998 Guiding Principles. Despite internationally cooperation, these frameworks rely on the international system, which states may disregard. In a 2012 study, Young Hoon Song found that nations "very selectively" responded to instances of forced migration and internally displaced persons.

World organizations such as the United Nations and the World Bank, as well as individual countries, sometimes directly respond to the challenges faced by displaced people, providing humanitarian assistance or forcibly intervening in the country of conflict. Disputes related to these organizations' neutrality and limited resources has affected the capabilities of international humanitarian action to mitigate mass displacement mass displacement's causes. These broad forms of assistance sometimes do not fully address the multidimensional needs of displaced persons. Regardless, calls for multilateral responses echo across organizations in the face of falling international cooperation. These organizations propose more comprehensive approaches, calling for improved conflict resolution and capacity-building in order to reduce instances of forced displacement.

Local response

Responses at multiple levels and across sectors is vital. A research has for instance highlighted the importance of collaboration between businesses and non-governmental organizations to tackle resettlement and employment issues.

Lived in experiences of displaced persons will vary according to the state and local policies of their country of relocation. Policies reflecting national exclusion of displaced persons may be undone by inclusive urban policies. Sanctuary cities are an example of spaces that regulate their cooperation or participation with immigration law enforcement. The practice of urban membership upon residence allows displaced persons to have access to city services and benefits, regardless of their legal status. Sanctuary cities have been able to provide migrants with greater mobility and participation in activities limiting the collection of personal information, issuing identification cards to all residents, and providing access to crucial services such as health care. Access to these services can ease the hardships of displaced people by allowing them to healthily adjust to life after displacement .

Criminal prosecution

Forced displacement has been the subject of several trials in local and international courts. For an offense to classify as a war crime, the victim must be a "protected person" under international humanitarian law. Originally referring only categories of individuals explicitly protected under one of the four Geneva Conventions of 1949, "protected person" now may define a civilian or police force not participating directly in a conflict.

In Article 49, the Fourth Geneva Convention, adopted on 12 August 1949, specifically forbade forced displacement

Individual or mass forcible transfers, as well as deportations of protected people from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.

The Rome Statute of the International Criminal Court defines forced displacement as a crime within the jurisdiction of the court:

"Deportation or forcible transfer of population" means forced displacement of the people concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law.

Introduction to entropy

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