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Crimes of War author Gutman Joins Panel on Humanitarian Law

By Carol J. Garvan, Contributing Writer

After covering conflicts in Rwanda and Russia, Pulitzer-Prize-winning journalist Roy Gutman realized that humanitarian law was being violated. But without knowing the specifics of humanitarian law, he couldn't make his coverage as effective as he would have liked.

So Gutman edited a mini-encyclopedia of human-rights violations and tried to bring attention to the issue--as he did at a panel Wednesday night at Harvard Law School.

"The only people who know what humanitarian law is are the governments who are breaking it and the people who aren't doing anything about it," Gutman said. "Humanitarian law has not been widely taught or recognized."

In his book Crimes of War: What the Public Should Know, entries ranging from "armistice" to "genocide" juxtapose newspaper articles with excerpts from international treaties and agreements.

"There's a great body of law for those of us trying to understand conflict," even though those laws are not widely publicized, Gutman said. "The laws sum up the lessons of World War II and the Holocaust. The message is 'Never again.'"

Governments often choose to ignore this body of law, perhaps for political reasons, Gutman said.

While covering "ethnic cleansing" in Rwanda, Gutman noted that the U.S. government almost never used the word 'genocide' in reference to the conflict.

"Using the term creates an obligation to do something about it, and I guess they didn't want to do it," he said.

The new book, along with Web sites and seminars, is part of Gutman's effort to make international humanitarian law known to journalists and the public.

Mary K. Magistad, a Neiman fellow and National Public Radio reporter, praised Gutman's book for its clarification of humanitarian law.

"The new information [in this book] makes your stories stronger," she said. "It lets you look with sharper eyes, know what you're seeing and why it's illegal."

Professor Theodor Meron, a New York University professor of law lecturing on humanitarian law at Harvard this semester, also raved about the book.

But he cautioned that the problem is a huge one.

"The situation is not good," Meron said. "There has been a tremendous humanization of international law, but reality doesn't measure up to standards."

Concern over this disparity between the theory and practice of the law elicited questions from the audience. One audience member suggested that a clear delineation of the law, instead of encouraging compliance, would expose the number of violations and therefore weaken the law.

But Gutman held his ground.

"We have to start with the facts," he said. "If there's a crime going on, say what it is."

The book is simply a way to make journalists and the public aware of the facts, he said.

After pointing out the gap between ideal and reality, Meron suggested a way to bridge it.

"Journalism is an engine that drives public opinion," he said. "And public opinion drives government."

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