Digital Library
Draft International Convention on the Prevention and Punishment of the Crime of Antisemitism
Topic:
Antisemitism & Antizionism, Israel & Regional Politics
Principal Investigators:
Ambassador Alan Baker
Study Date:
2024
Source:
Jerusalem Center for Public Affairs (JCPA)
Key Findings:
To correct what is a vast, long-standing international injustice, the following document is intended to universally criminalize antisemitism within the world community in the form of an “International Convention on the Prevention and Punishment of the Crime of Antisemitism.”
By its very nature, with antisemitism’s long, bitter, never-ending history, and its propensity to constantly re-appear in modern forms and contexts, it cannot and should not be equated with, linked to, or relegated to any listing of forms of racial discrimination and xenophobia or Islamophobia. It stands alone. It is not a phobia but the basest form of pure hatred.
This draft Convention comprises the following elements:
-A detailed series of preambular paragraphs documenting the history of antisemitism and references thereto in international instruments, statements by national leaders and senior international figures, and resolutions by relevant bodies.
-A new and all-embracing definition of the crime of antisemitism and its component elements, based upon the various definitions that have been adopted over the past years by various groups and institutions, including the European Monitoring Center on Racism and Xenophobia (EUMC – FRA), the OSCE 2004 Berlin Declaration, the U.S. State Department 2005 Report on Global Antisemitism, the 2016 IHRA working definition of antisemitism and the Coordination Forum for Countering Antisemitism (CFCA) in its 2014 report.
-A that any rhetorical and physical manifestation of antisemitism that involves, results in, or is intended to result in violence should be criminalized internationally.
-An obligation by states to criminalize antisemitism in their own domestic law and to prosecute perpetrators or to extradite them.
-A commitment to cooperate and exchange information on perpetrators and actions taken.
-A commitment to institute appropriate national educational programs to combat antisemitism.
-Recommendation for the establishment of an International Antisemitism Monitoring Forum for monitoring and coordinating actions by states and international organizations.
Once the draft Convention’s text is completed and duly coordinated, it should be launched at a series of conferences held in the UN and other international organizations and select capitals. States and Jewish organizations will also need to muster support and sponsorship. The aim would be to encourage states to join Israel in sponsoring the draft convention and presenting it to the appropriate UN bodies for processing as an international convention.
Methodology:
This draft has been devised following the accepted format of UN international conventions criminalizing such phenomena as genocide, racial discrimination, terror, hostage-taking, and other most serious international crimes.
