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Mass Atrocity Crimes
An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.Global Centre for the Responsibility to Protect, ''Background Briefing: Defining the Four Mass Atrocity Crimes'', Publications (Aug. 15, 2018), http://www.globalr2p.org/publications/688; Global Action against Mass Atrocity Crimes, ''Prevention of Atrocities'', About GAAMAC, https://www.gaamac.org/web-pages/view/16 Crimes of aggression are considered by some to be mass atrocity crimes and they are included in the jurisdiction of the International Criminal Court. However, most legal scholars do not consider them to be mass atrocity crimes. While it is c ...
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Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displac ...
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International Law Commission
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by the United Nations General Assembly (UNGA) every five years. The ideological roots of the ILC originated as early as the 19th century, when the Congress of Vienna in Europe developed several international rules and principles to regulate conduct among its members. Following several attempts to develop and rationalize international law in the early 20th century, the ILC was formed in 1947 by the UNGA pursuant to the Charter of the United Nations, which calls on the Assembly to help develop and systematize international law. The Commission held its first session in 1949, with its initial work influenced by the Second World War and subsequent concerns about international crimes such as genocide and acts of aggression. The ILC has since held a ...
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Genocidal Intent
Genocidal intent is the ''mens rea'' for the crime of genocide. "Intent to destroy" is one of the elements of the crime of genocide according to the 1948 Genocide Convention. There are some analytic differences between the concept of intent under national criminal law, where responsibility for a murder is ascribed to an individual based on their mental state, and international law. Under international law, responsibility falls upon individuals in their capacities as members of certain organizations or other official roles. The intent for genocide is less direct. An international court might look at whether the defendant participated in planning the genocidal acts, perhaps within the auspices of a certain organizational structure, or whether they acted with knowledge of such a preconceived plan. The Tribunal for Rwanda, in one of their cases, decided that it was not enough for a defendant to know that their acts could contribute to the destruction of a group. Scholars have suggested ...
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Apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on ''baasskap'' (boss-hood or boss-ship), which ensured that South Africa was dominated politically, socially, and economically by the nation's minority white population. According to this system of social stratification, white citizens had the highest status, followed by Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social events, and ''grand apartheid'', which dictated housing and employment opportunities by race. The first apartheid law was the Prohibition of Mixed Marriages ...
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Compulsory Sterilization
Compulsory sterilization, also known as forced or coerced sterilization, is a government-mandated program to involuntarily sterilize a specific group of people. Sterilization removes a person's capacity to reproduce, and is usually done through surgical procedures. Several countries implemented sterilization programs in the early 20th century. Although such programs have been made illegal in most countries of the world, instances of forced or coerced sterilizations persist. Rationalizations for compulsory sterilization have included eugenics, population control, gender discrimination, limiting the spread of HIV,Eliminating forced, coercive and otherwise involuntary sterilization: An interagency statement ...
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International Criminal Tribunal For Rwanda
The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals at a cost of $1.3 billion. In 1995, it became located in Arusha, Tanzania, under Resolution 977. From 2006, Arusha also became the location of the African Court on Human and Peoples' Rights. In 1998 the operation of the tribunal was expanded in Resolution 1165. Through several resolutions, the Security Council called on the tribunal to complete its investigations by end of 2004, complete all trial activities by end of 2008, and complete all work in 2012. ...
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International Criminal Tribunal For The Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ''ad hoc'' court located in The Hague, Netherlands. It was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It had jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence that it could impose was life imprisonment. Various countries signed agreements with the UN to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005. The final fugitive, Goran Hadžić, ...
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International Military Tribunal For The Far East
The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trial or the Tokyo War Crimes Tribunal, was a military trial convened on April 29, 1946 to try leaders of the Empire of Japan for crimes against peace, conventional war crimes, and crimes against humanity leading up to and during the Second World War. It was modeled after the International Military Tribunal (IMT) formed several months earlier in Nuremberg, Germany to prosecute senior officials of Nazi Germany. Following Japan's defeat and occupation by the Allies, the Supreme Commander of the Allied Powers, United States General Douglas MacArthur, issued a special proclamation establishing the IMTFE. A charter was drafted to establish the court's composition, jurisdiction, procedures; the crimes were defined based on the Nuremberg charter. The Tokyo War Crimes Tribunal was composed of judges, prosecutors, and staff from eleven countries that had fought against Japan: Australia, Canada, Chin ...
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Nuremberg Trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not just to convict the defendants but also to as ...
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Armenian Genocide
The Armenian genocide was the systematic destruction of the Armenians in the Ottoman Empire, Armenian people and identity in the Ottoman Empire during World War I. Spearheaded by the ruling Committee of Union and Progress (CUP), it was implemented primarily through the mass murder of around one million Armenians during death marches to the Syrian Desert and the Forced conversion, forced Islamization of Armenian women and children. Before World War I, Armenians occupied a protected, but subordinate, place in Ottoman society. Large-scale massacres of Armenians occurred Hamidian massacres, in the 1890s and Adana massacre, 1909. The Ottoman Empire suffered a series of military defeats and territorial losses—especially the 1912–1913 Balkan Wars—leading to fear among CUP leaders that the Armenians, whose homeland in the eastern provinces was viewed as the heartland of the Turkish nation, would seek independence. During their invasion of Caucasus campaign, Russian and Per ...
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Colonialism
Colonialism is a practice or policy of control by one people or power over other people or areas, often by establishing colonies and generally with the aim of economic dominance. In the process of colonisation, colonisers may impose their religion, language, economics, and other cultural practices. The foreign administrators rule the territory in pursuit of their interests, seeking to benefit from the colonised region's people and resources. It is associated with but distinct from imperialism. Though colonialism has existed since ancient times, the concept is most strongly associated with the European colonial period starting with the 15th century when some European states established colonising empires. At first, European colonising countries followed policies of mercantilism, aiming to strengthen the home-country economy, so agreements usually restricted the colony to trading only with the metropole (mother country). By the mid-19th century, the British Empire gave up me ...
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Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the w ...
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