Famine Crimes in International Law

Abstract

Some of the worst human rights catastrophes of the twentieth century were famines created or manipulated by governments. In 1932 at least five million Ukrainians starved to death, while hunger was largely unknown across the border in Russia.The Soviet government imposed disastrous grain quotas on the Ukraine, then let its own citizens literally collapse in the streets while it exported grain to further its “revolutionary” objectives.The Ethiopian famine of 1983-1985, preserved in popular memory as a natural disaster of biblical proportions, most fiercely struck those parts of the country that harbored irredentist movements. In a stunning, but telling, rejoinder to international pity for the purportedly hapless Ethiopian government, the Ethiopian foreign minister told a U.S. chargé d’affaires that “food is a major element in our strategy against the secessionists.” Since 1994, more than two million out of a population of twenty-two million in North Korea have starved to death, while South Koreans, affected by similar weather patterns, have remained completely untouched by famine. Nongovernmental organizations (NGOs), trying to distribute aid earmarked for famine victims, have watched helplessly as the government callously interfered and have arrived at the conclusion that “the authorities are deliberately depriving hundreds of thousands of truly needy Koreans of assistance.”

Civilian Starvation: A Just Tactic of War?

“…Article 70 also contains the caveat that this relief should be provided 'subject to the agreement of the Parties concerned' (Protocol I Article 70:1). This means that the clear obligation in the Convention to ensure humanitarian relief during a blockade is diluted by allowing it to be abrogated in certain circumstances (Marcus 2003: 267Á/8). These circumstances are mostly concerned with guarantees that the relief consignments are needed for humanitarian purposes, and will be used as such (Commentary on Prot I Art 70).…”

The Nigeria–Biafra war: postcolonial conflict and the question of genocide

“…Induced famine can be classified as an actus reus of article II(c) of the UNGC: 'Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part'. 158 Proving the necessary 'intent to destroy in whole or part' is less straightforward. The jurisprudence of the international criminal tribunals has insisted on 'special intent' (dolus specialis), meaning that foreseen outcomes of a policy do not count as genocidal.…”

The Entitlement Approach: A Case for Framework Development Rather than Demolition: A Comment on ‘Entitlement Failure and Deprivation: A Critique of Sen's Famine Philosophy'

“…HowardHassmann (2005) points to the connivance of famines as a weapon of war: if a government starves its people to death rather than actually murdering them, it can pretend to the outside world that the deaths were accidental rather than deliberate. A newer strand of famine literature thus examines the rationale and feasibility of encompassing famine crimes in international law (Marcus, 2003).…”