But reality has not yielded to this idealistic framework. Instead we have cases, as in Iraq and Libya, where dictators were punished for either past or threatened atrocities — but they faced rough justice, not The Hague, and the American-led military interventions that toppled them were widely seen as unwise or disastrous. We have cases, as in Sudan’s Darfur region and now with the Rohingya in Myanmar, where the genocide label was affixed but there was no American military response. We have a case like the Second Congo War, where mass killings and atrocities went on for years without a determination of genocide — or, indeed, without much Western attention being paid at all.
And then we have the recent case of China’s oppression of its Uyghur minority, which our State Department declared to be a genocide in early 2021 — a declaration that did not exactly lead to serious international consequences for the regime in Beijing.
This last example is especially relevant for Russia’s invasion of Ukraine, in the sense that it answers a question raised by Biden’s genocide comment. If a nuclear-armed power commits crimes against humanity in territory that it controls, will the United States go to war to stop it? Go ask the Uyghurs. Or, for that matter, the Chechens, who certainly suffered as much from Russian cruelty as the Ukrainians, without anyone suggesting that we might risk a nuclear war for their sake.
But this cold observation is not a counsel of despair. The idea of a lawbound, process-driven international approach to genocide or any war crime was always just a fantasy. But a more realistic calculus still leaves room to do what you can to make sure that mass murderers pay a price. You just have to tailor your approach and accept that you aren’t establishing a universal rule.
Both the Rwandan and Bosnian genocides, for instance, ended with the genocidaires suffering a devastating military defeat — but at the hands of rebel Rwandan and Croat armies, respectively, not United States or United Nations ground troops. The end of the Islamic State’s depredations, meanwhile, happened with U.S. military support, but with the Iraqi Army as a key actor on the ground.