Responsible Education: Responsibility under International Law for Indoctrination to Hatred and Violence in Education Systems

Tom Nachtigal*

States and other political entities often enshrine political narratives in their education systems. However, such practices can cross the threshold of legality and thus warrant imposition of responsibility under international law, when States use their education systems to systematically indoctrinate students by promoting an agenda of violence against their political rivals. This Note looks into such practices internationally. After defining the phenomenon of systematic indoctrination to hatred and violence, this Note will explore its implications for indoctrinated children and youth, to explain why young minds are especially susceptible to inculcation of perspectives and positions by their teachers. Using psychological evidence, this Note aims to articulate the causal effect between systematic indoctrination into hatred and violence in education systems and violations of international law during armed conflicts, during which there are higher probabilities that indoctrinated persons will be triggered to carry out the violent agenda they were taught to follow. The Note will first examine individual criminal liability under international criminal law for those behind such systematic indoctrination. This analysis will focus on modes of liability for systematic attempts to engender widespread violence. Then, this Note will analyze State responsibility under international humanitarian law, suggesting that systematic indoctrination to hatred and violence runs counter to States' fundamental duty to "ensure respect" for the Geneva Conventions. Essentially, by drawing attention to the causal relation between systematic indoctrination of hatred and violence and subsequent violations of international law by those who were indoctrinated, this Note sets out an argument for future imposition of international legal responsibility on State entities for violations committed by indoctrinated persons.

* Tom Nachtigal (LL.M., Columbia Law School; LL.B./B.A. in Law and International Relations, Hebrew University of Jerusalem) is a legal adviser in the Israeli public sector, practicing International Humanitarian Law. Previously, she served at the Department of Special International Affairs of Israel's State Attorney's Office, litigating claims brought against the State of Israel and its officials based on international humanitarian and criminal law.

Committed to construction of long-lasting resolution to international conflicts, I believe it is essential to identify the fueling mechanisms that sustain those conflicts. I find that education systems are easily abused for the purpose of sustaining conflicts for generations. Hence, this Note is aimed at advancing the imposition of legal responsibility for such abuses, in order to disincentivize it and thus weaken a significant mechanism impeding conflict resolution.

I wish to thank Prof Marko Milanovic for guiding me while developing the main arguments of this Note.

Any position expressed in this Note reflects my own views and should not be attributed to the State of Israel.