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9 J. Christian Legal Thought 27 (2019)
Addressing Violence and Persecution Based on Religion Or Belief

handle is hein.journals/jchlet9 and id is 55 raw text is: JOURNAL OF CHRISTIAN LEGAL THOUGHT ADDRESSING VIOLENCE AND PERSECUTION BASED ON RELIGION OR BELIEF The Very Test of Our Christian Values BY EWELINA U. OCHAB Wile it is not exclusive to them, Christians cnsider caring for fellow human beings, especially the vulnerable, as a Christian value. This is derived from biblical teaching and par- ticularly the parable of the Good Samaritan. Caring for others has various manifestations. Among others, many Christians feel very strongly about the need to protect the unborn from the practice of abortion or those suf- fering from incurable diseases from euthanasia or as- sisted suicide. They cite caring for the most (physically) vulnerable members of society and the sanctity of life as ultimate values that require adequate protection at all times. However, to ensure that the values are meaning- ful and remain as such, it is crucial to ensure that they truly cover everyone -including those people around the world who are, on the face, less (physically) vulner- able who are targeted for their religion or belief. Indeed, in recent years we have witnessed an increase in acts of violence or persecution based on religion or belief. Addressing such atrocities and assisting those targeted should be a priority for anyone caring about the sanctity of life and the need to care for others. The very test of our Christian values and our humanity is how we stand up for others. This article focuses on the issue of acts of violence and persecution based on religion or belief, and the situ- ation of religious minorities facing the most egregious atrocities and often annihilation in different parts of the world. First, I consider the issue of persecution based on religion or belief and what this means to religious mi- norities. Second, I discuss two of the worst cases of per- secution from the last five years: Daesh atrocities against religious minorities in Syria and Iraq, and the Burmese military's atrocities perpetrated against the Rohingya Muslims in Myanmar; both cases are classified as geno- cide, the crime of crimes. Third, I consider what basic responses are needed to address such atrocities and pro- tect those targeted. The article aims to scrutinize the approaches taken to address the recent atrocities and consider the need to strengthen the response genocide or crimes against humanity. Furthermore, it makes a clear case that any responses must address the nature of the atrocities, namely, the element of religion or belief. PERSECUTION BASED ON RELIGION OR BELIEF AND GENOCIDE Persecution, as defined in the Rome Statute, covers the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity' Conversely, religious perse- cution or persecution based on religion or belief2 is not univocally defined in the Rome Statue as a subcategory and its definition and scope continue to be subject to debates.3 However, it is clear that it is included within the generic definition of persecution. And while perse- cution based on religion or belief may not be universally understood, there are certain acts that can be classified as such crimes including mass atrocities under inter- national criminal law. For example, persecution can be classified as a crime against humanity, manifested by a wide range of acts falling under the definition of crimes against humanity in the Rome Statute;4 as genocide as Rome Statute of the International Criminal Court, Article 7(2)(g), UN Doc. A/CONE 183/9, 17 July 1998, 2187 U.N.T.S. 90. 2 The paper will use the term persecution based on religion or belief as the definition is considered to be inclusive. See, e.g., Knox Thames et al, International Religious Freedom Advocacy: A guide to Organizations, Law and NGO's (Baylor University Press, 2009) 11-12; Charles L. Tieszen, 'Towards redefining persecution (2008)1 International Journal for Religious Freedom 67-80; Charles L. Tieszen, Re-examining religious persecution. Constructing a framework for understanding persecution (AcadSA Publishing: Johannesburg, 2008). 4 Rome Statute, art. 7(1)(h). 2019

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