Genocide is the intentional destruction of a people—usually defined as an
ethnic
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...
,
national
National may refer to:
Common uses
* Nation or country
** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen
Places in the United States
* National, Maryland, ce ...
,
racial
A race is a categorization of humans based on shared physical or social qualities into groups generally viewed as distinct within a given society. The term came into common usage during the 1500s, when it was used to refer to groups of variou ...
, or
religious
Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ...
group—in whole or in part.
Raphael Lemkin
Raphael Lemkin ( pl, Rafał Lemkin; 24 June 1900 – 28 August 1959) was a Polish lawyer who is best known for coining the term ''genocide'' and initiating the Genocide Convention, an interest spurred on after learning about the Armenian genocid ...
coined the term in 1944,
[ combining the ]Greek
Greek may refer to:
Greece
Anything of, from, or related to Greece, a country in Southern Europe:
*Greeks, an ethnic group.
*Greek language, a branch of the Indo-European language family.
**Proto-Greek language, the assumed last common ancestor ...
word (, "race, people") with the Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
suffix
In linguistics, a suffix is an affix which is placed after the stem of a word. Common examples are case endings, which indicate the grammatical case of nouns, adjectives, and verb endings, which form the conjugation of verbs. Suffixes can carry ...
("act of killing").[.]
In 1948, the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
Genocide Convention
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
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
The Political Instability Task Force (PITF), formerly known as State Failure Task Force, is a U.S. government-sponsored research project to build a database on major domestic political conflicts leading to state failures. The study analyzed facto ...
estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR
The United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integrati ...
estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide, especially large-scale genocide, is widely considered to signify the epitome of human evil
Evil, in a general sense, is defined as the opposite or absence of good. It can be an extremely broad concept, although in everyday usage it is often more narrowly used to talk about profound wickedness and against common good. It is general ...
. As a label, it is contentious because it is moralizing, and has been used as a type of moral category since the late 1990s.
Etymology
Before the term ''genocide'' was coined, there were various ways of describing such events. Some languages already had words for such killings, including German (, ) and Polish (, ).[ (NB. Uses the term for the first time.)][ (NB. The editors cite ]August Graf von Platen
August is the eighth month of the year in the Julian calendar, Julian and Gregorian calendars, and the fifth of seven months to have a length of 31 days. Its zodiac sign is Leo (astrology), Leo and was originally named ''Sextilis'' in Latin ...
to have used the term in his 1831 ode.) In 1941, when describing the "methodical, merciless butchery" of "scores of thousands" of Russians by Nazi troops during the German invasion of the Soviet Union
Operation Barbarossa (german: link=no, Unternehmen Barbarossa; ) was the invasion of the Soviet Union by Nazi Germany and many of its Axis allies, starting on Sunday, 22 June 1941, during the Second World War. The operation, code-named after ...
, Winston Churchill
Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 Winston Churchill in the Second World War, dur ...
spoke of "a crime without a name". In 1944, Raphael Lemkin
Raphael Lemkin ( pl, Rafał Lemkin; 24 June 1900 – 28 August 1959) was a Polish lawyer who is best known for coining the term ''genocide'' and initiating the Genocide Convention, an interest spurred on after learning about the Armenian genocid ...
coined the term ''genocide'' as a hybrid combination of the Ancient Greek word () 'race, people' with the Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
, 'to kill'; his book ''Axis Rule in Occupied Europe'' (1944) describes the implementation of Nazi
Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...
policies in occupied Europe
German-occupied Europe refers to the sovereign countries of Europe which were wholly or partly occupied and civil-occupied (including puppet governments) by the military forces and the government of Nazi Germany at various times between 1939 an ...
and mentions earlier mass killings
Mass killing is a concept which has been proposed by genocide scholars who wish to define incidents of non-combat killing which are perpetrated by a government or a state. A mass killing is commonly defined as the killing of group members without ...
.
After reading about the 1921 assassination of Talat Pasha
On 15 March 1921, Armenian student Soghomon Tehlirian assassinated Talaat Pasha—former grand vizier of the Ottoman Empire and the main architect of the Armenian genocide—in Berlin. At his trial, Tehlirian argued, "I have killed a man, but ...
, the main architect of the 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 ...
, by Armenian Soghomon Tehlirian
Soghomon Tehlirian ( hy, Սողոմոն Թեհլիրեան; April 2, 1896 – May 23, 1960) was an Armenian revolutionary and soldier who assassinated Talaat Pasha, the former Grand Vizier of the Ottoman Empire, in Berlin on March 15, 1921. He ...
, Lemkin asked his professor why there was no law under which Talat could be charged. He later explained that "as a lawyer, I thought that a crime should not be punished by the victims, but should be punished by a court."
Lemkin defined genocide as follows:
The preamble to the 1948 Genocide Convention
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
(CPPCG) notes that instances of genocide have taken place throughout history; it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
at the 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 ...
that the United Nations defined the crime of genocide under international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
in the Genocide Convention. It was several years before the term was widely adopted by the international community. When the Nuremberg trials revealed the inadequacy of phrases like "Germanization", "crimes against humanity" and "mass murder", scholars of international law reached agreement that Lemkin's work provided a conceptual framework for Nazi crimes. A 1946 headline in ''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' announced that "Genocide Is the New Name for the Crime Fastened on the Nazi Leaders"; the word was used in indictments at the Nuremberg trials, held from 1945, but solely as a descriptive term, not yet as a formal legal term. The so-called Polish Genocide Trials of Arthur Greiser
Arthur Karl Greiser (22 January 1897 – 21 July 1946) was a Nazi German politician, SS-''Obergruppenführer'', ''Gauleiter'' and ''Reichsstatthalter'' (Reich Governor) of the German-occupied territory of ''Wartheland''. He was one of the perso ...
and Amon Leopold Goth
Amon may refer to:
Mythology
* Amun, an Ancient Egyptian deity, also known as Amon and Amon-Ra
* Aamon, a Goetic demon
People Momonym
* Amon of Judah ( 664– 640 BC), king of Judah
Given name
* Amon G. Carter (1879–1955), American ...
in 1946 were the first trials in which judgments included the term.
Prohibited acts
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Although massacre-style killings are the most commonly identified and punished as genocide, the range of violence that is contemplated by the law is significantly broader.[Sareta Ashraph, Beyond Killing: Gender, Genocide, & Obligations Under International Law 3 (Global Justice Center 2018).]
Killing members of the group
While mass killing is not necessary for genocide to have been committed, it has been present in almost all recognized genocides. A near-uniform pattern has emerged throughout history in which men and adolescent boys are singled out for murder in the early stages, such as in the genocide of the Yazidis by Daesh, the Ottoman Turks' attack on the Armenians, and the Burmese security forces' attacks on the Rohingya. Men and boys are typically subject to "fast" killings, such as by gunshot. Women and girls are more likely to die slower deaths by slashing, burning, or as a result of sexual violence. The jurisprudence of the 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 Nation ...
(ICTR), among others, shows that both the initial executions and those that quickly follow other acts of extreme violence, such as rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
and torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
, are recognized as falling under the first prohibited act.
A less settled discussion is whether deaths that are further removed from the initial acts of violence can be addressed under this provision of the Genocide Convention. Legal scholars have posited, for example, that deaths resulting from other genocidal acts including causing serious bodily or mental harm or the successful deliberate infliction of conditions of life calculated to bring about physical destruction should be considered genocidal killings.
Causing serious bodily or mental harm to members of the group ''Article II(b)''
This second prohibited act can encompass a wide range of non-fatal genocidal acts. The ICTR and 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 ...
(ICTY) have held that rape and sexual violence may constitute the second prohibited act of genocide by causing both physical and mental harm. In its landmark Akayesu decision, the ICTR held that rapes and sexual violence resulted in "physical and psychological destruction". Sexual violence is a hallmark of genocidal violence, with most genocidal campaigns explicitly or implicitly sanctioning it. It is estimated that 250,000 to 500,000 women were raped in the three months of the Rwandan genocide, many of whom were subjected to multiple rapes or gang rape
Gang rape, also called serial gang rape, group rape, or multiple perpetrator rape in scholarly literature,Ullman, S. E. (2013). 11 Multiple perpetrator rape victimization. Handbook on the Study of Multiple Perpetrator Rape: A Multidisciplinary Re ...
. In Darfur, a systemic campaign of rape and often sexual mutilation was carried out and in Burma public mass rapes and gang rapes were inflicted on the Rohingya by Burmese security forces. Sexual slavery
Sexual slavery and sexual exploitation is an attachment of any ownership rights, right over one or more people with the intent of Coercion, coercing or otherwise forcing them to engage in Human sexual activity, sexual activities. This include ...
was documented in the Armenian genocide by the Ottoman Turks and Daesh's genocide of the Yazidi.
Torture and other cruel, inhuman, or degrading treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
or punishment, when committed with the requisite intent, are also genocide by causing serious bodily or mental harm to members of the group. The ICTY found that both experiencing a failed execution and watching the murder of one's family members may constitute torture. The Syrian Commission of Inquiry (COI) also found that enslavement, removal of one's children into indoctrination or sexual slavery, and acts of physical and sexual violence rise to the level of torture, as well. While it was subject to some debate, the ICTY and, later, the Syrian COI held that under some circumstances deportation and forcible transfer may also cause serious bodily or mental harm.
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction
The third prohibited act is distinguished from the genocidal act of killing because the deaths are not immediate (or may not even come to pass), but rather create circumstances that do not support prolonged life. Due to the longer period of time before the actual destruction would be achieved, the ICTR held that courts must consider the duration of time the conditions are imposed as an element of the act.[''Kayishema and Ruzindana,'' (Trial Chamber), 21 May 1999, para. 548] The drafters incorporated the act to account for the horrors of the Nazi concentration camps
Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simply ...
and to ensure that similar conditions never be imposed again. However, it could also apply to the Armenian death marches, the siege of Mount Sinjar
The Sinjar Mountains ( ku, چیایێ شنگالێ, translit=Çiyayê Şingalê, ar, جبل سنجار, translit=Jabal Sinjār, syr, ܛܘܪܐ ܕܫܝܓܪ, Ṭura d'Shingar,) are a mountain range that runs east to west, rising above the surroundi ...
by Daesh, the deprivation of water and forcible deportation against ethnic groups in Darfur
Darfur ( ; ar, دار فور, Dār Fūr, lit=Realm of the Fur) is a region of western Sudan. ''Dār'' is an Arabic word meaning "home f – the region was named Dardaju ( ar, دار داجو, Dār Dājū, links=no) while ruled by the Daju, ...
, and the destruction and razing of communities in Burma
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John Wells explai ...
.
The ICTR provided guidance into what constitutes a violation of the third act. In Akayesu, it identified "subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement" as rising to genocide. In Kayishema and Ruzindana, it extended the list to include: "lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion" among the conditions. It further noted that, in addition to deprivation of necessary resources, rape could also fit within this prohibited act.
Imposing measures intended to prevent births within the group
The fourth prohibited act is aimed at preventing the protected group from regenerating through reproduction
Reproduction (or procreation or breeding) is the biological process by which new individual organisms – "offspring" – are produced from their "parent" or parents. Reproduction is a fundamental feature of all known life; each individual or ...
. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary 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 throug ...
, forced abortion
A forced abortion may occur when the perpetrator causes abortion by force, threat or coercion, or by taking advantage of a situation where a pregnant individual is unable to give consent, or when valid consent is in question due to duress. This ma ...
, the prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Rape has been found to violate the fourth prohibited act on two bases: where the rape was committed with the intent to impregnate a woman and thereby force her to carry a child of another group (in societies where group identity is determined by patrilineal
Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...
identity) and where the person raped subsequently refuses to procreate as a result of the trauma. Accordingly, it can take into account both physical and mental measures imposed by the perpetrators.
Forcibly transferring children of the group to another group
The final prohibited act is the only prohibited act that does not lead to physical or biological destruction, but rather to destruction of the group as a cultural and social unit. It occurs when children of the protected group are transferred to the perpetrator group. Boys are typically taken into the group by changing their names to those common of the perpetrator group, converting their religion, and using them for labor or as soldiers. Girls who are transferred are not generally converted to the perpetrator group, but instead treated as chattel, as played out in both the Yazidi and Armenian genocides.
Crime
Pre-criminalization view
Before genocide was made a crime against national law, it was considered a sovereign right. When Lemkin asked about a way to punish the perpetrators of the Armenian genocide, a law professor told him: "Consider the case of a farmer who owns a flock of chickens. He kills them and this is his business. If you interfere, you are trespassing." As late as 1959, many world leaders still "believed states had a right to commit genocide against people within their borders", according to political scientist Douglas Irvin-Erickson
Douglas Irvin-Erickson is a political scientist and assistant professor at George Mason University
George Mason University (George Mason, Mason, or GMU) is a public research university in Fairfax County, Virginia with an independent City of ...
.
International law
After the Holocaust, which had been perpetrated by Nazi Germany
Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
prior to and during World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocides. In 1946, the first session of the United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
adopted a resolution
Resolution(s) may refer to:
Common meanings
* Resolution (debate), the statement which is debated in policy debate
* Resolution (law), a written motion adopted by a deliberative body
* New Year's resolution, a commitment that an individual mak ...
that affirmed genocide was a crime under international law and enumerated examples of such events (but did not provide a full legal definition of the crime). In 1948, the UN General Assembly adopted the '''' (CPPCG) which defined the crime of genocide for the first time.
The ''CPPCG'' was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries and was also adopted by the Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
, which established the International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
(ICC). Article II of the Convention defines genocide as:
Incitement to genocide
Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is considered an inchoate offense and is theoretically subject ...
is recognized as a separate crime under international law and an inchoate crime
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is " attempt". "Inchoate offense" has been defined as the fo ...
which does not require genocide to have taken place to be prosecutable.
The first draft of the convention included political killings; these provisions were removed in a political and diplomatic compromise following objections from many diverse countries, and originally promoted by the World Jewish Congress
The World Jewish Congress (WJC) was founded in Geneva, Switzerland in August 1936 as an international federation of Jewish communities and organizations. According to its mission statement, the World Jewish Congress' main purpose is to act as ...
and Raphael Lemkin
Raphael Lemkin ( pl, Rafał Lemkin; 24 June 1900 – 28 August 1959) was a Polish lawyer who is best known for coining the term ''genocide'' and initiating the Genocide Convention, an interest spurred on after learning about the Armenian genocid ...
's conception, with some scholars popularly emphasizing in literature the role of the Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
, a permanent United Nations Security Council
The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
member. The Soviets argued that the convention's definition should follow the etymology of the term, and Joseph Stalin
Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili; – 5 March 1953) was a Georgian revolutionary and Soviet political leader who led the Soviet Union from 1924 until his death in 1953. He held power as General Secreta ...
in particular may have feared greater international scrutiny of the country's political killings, such as the Great Purge
The Great Purge or the Great Terror (russian: Большой террор), also known as the Year of '37 (russian: 37-й год, translit=Tridtsat sedmoi god, label=none) and the Yezhovshchina ('period of Nikolay Yezhov, Yezhov'), was General ...
. Lemkin, who coined ''genocide'', approached the Soviet delegation as the resolution vote came close to reassure the Soviets that there was no conspiracy against them; none in the Soviet-led bloc opposed the resolution, which passed unanimously in December 1946. Other nations, including the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, feared that including political groups in the definition would invite international intervention in domestic politics.
By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide, his concept of genocide, as outlined in ''Axis Rule in Occupied Europe'', covering Stalinist
Stalinism is the means of governing and Marxist-Leninist policies implemented in the Soviet Union from 1927 to 1953 by Joseph Stalin. It included the creation of a one-party totalitarian police state, rapid industrialization, the theory o ...
deportations as genocide by default, and differing in many ways from the adopted Genocide Convention. From a 21st-century perspective, it was such a broad coverage that it would include any grossly human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the Cold War
The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because the ...
began, this change was the result of Lemkin's turn to anti-communism
Anti-communism is political and ideological opposition to communism. Organized anti-communism developed after the 1917 October Revolution in the Russian Empire, and it reached global dimensions during the Cold War, when the United States and the ...
in an attempt to convince the United States to ratify the Genocide Convention.
Intent
Under international law, genocide has two mental (''mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
'') elements: the general mental element and the element of specific intent (''dolus specialis
References
Additional sources
*
*
{{Latin phrases
D
ca:Locució llatina#D
da:Latinske ord og vendinger#D
fr:Liste de locutions latines#D
id:Daftar frasa Latin#D
it:Locuzioni latine#D
nl:Lijst van Latijnse spreekwoorden en uitdru ...
''). The general element refers to whether the prohibited acts were committed with intent, knowledge, recklessness, or negligence. For most serious international crimes, including genocide, the requirement is that the perpetrator act with intent. The Rome Statute defines intent as meaning to engage in the conduct and, in relation to consequences, as meaning to cause that consequence or being "aware that it will occur in the ordinary course of events".
The specific intent element defines the purpose of committing the acts: "to destroy in whole or in part, a national, ethnical, racial or religious group, as such". The specific intent is a core factor distinguishing genocide from other international crimes, such as war crimes or crimes against humanity.
"Intent to destroy"
In 2007, the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(ECHR) noted in its judgement on ''Jorgic v. Germany'' case that, in 1992, the majority of legal scholars took the narrow view that "intent to destroy" in the CPPCG meant the intended physical-biological destruction of the protected group, and that this was still the majority opinion. But the ECHR also noted that a minority took a broader view, and did not consider biological-physical destruction to be necessary, as the intent to destroy a national, racial, religious or ethnic group was enough to qualify as genocide.
In the same judgement, the ECHR reviewed the judgements of several international and municipal courts. It noted that the 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 ...
and the International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
had agreed with the narrow interpretation (that biological-physical destruction was necessary for an act to qualify as genocide). The ECHR also noted that at the time of its judgement, apart from courts in Germany (which had taken a broad view), that there had been few cases of genocide under other Convention states' municipal law
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, ...
s, and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide."
In the case of "Onesphore Rwabukombe", the German Supreme Court adhered to its previous judgement, and did not follow the narrow interpretation of the ICTY and the ICJ.
"In whole or in part"
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law. In the Ruhashyankiko report of the United Nations it was once argued that the killing of only a single individual could be genocide if the intent to destroy the wider group was found in the murder, yet official court rulings have since contradicted this. The International Criminal Tribunal for the Former Yugoslavia found in ''Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001)'' that Genocide had been committed. In ''Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)'' paragraphs 8, 9, 10, and 11 addressed the issue of ''in part'' and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
The judges continue in paragraph 12, "The determination of when the targeted part is substantial enough to meet this requirement may involve a number of considerations. The numeric size of the targeted part of the group is the necessary and important starting point, though not in all cases the ending point of the inquiry. The number of individuals targeted should be evaluated not only in absolute terms but also in relation to the overall size of the entire group. In addition to the numeric size of the targeted portion, its prominence within the group can be a useful consideration. If a specific part of the group is emblematic of the overall group or is essential to its survival, that may support a finding that the part qualifies as substantial within the meaning of Article 4 f the Tribunal's Statute
F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''.
Hist ...
"
In paragraph 13 the judges raise the issue of the perpetrators' access to the victims: "The historical examples of genocide also suggest that the area of the perpetrators' activity and control, as well as the possible extent of their reach, should be considered. ... The intent to destroy formed by a perpetrator of genocide will always be limited by the opportunity presented to him. While this factor alone will not indicate whether the targeted group is substantial, it can—in combination with other factors—inform the analysis."
"A national, ethnic, racial or religious group"
The drafters of the CPPCG chose not to include political or social groups among the protected groups. Instead, they opted to focus on "stable" identities, attributes that are historically understood as being born into and unable or unlikely to change over time. This definition conflicts with modern conceptions of race as a social construct rather than innate fact and the practice of changing religion, etc.[Agnieszka Szpak, ''National, Ethnic, Racial, and Religious Groups Protected against Genocide in the Jurisprudence of the ad hoc International Criminal Tribunals'', 23 Eur. J. Int'L L. 155 (2012).]
International criminal courts have typically applied a mix of objective and subjective markers for determining whether or not a targeted population is a distinct group. Differences in language, physical appearance, religion, and cultural practices are objective criteria that may show that the groups are distinct. However, in circumstances such as the Rwandan genocide
The Rwandan genocide occurred between 7 April and 15 July 1994 during the Rwandan Civil War. During this period of around 100 days, members of the Tutsi minority ethnic group, as well as some moderate Hutu and Twa, were killed by armed Hutu ...
, Hutu
The Hutu (), also known as the Abahutu, are a Bantu ethnic or social group which is native to the African Great Lakes region. They mainly live in Rwanda, Burundi and the eastern Democratic Republic of the Congo, where they form one of the prin ...
s and Tutsi
The Tutsi (), or Abatutsi (), are an ethnic group of the African Great Lakes region. They are a Bantu-speaking ethnic group and the second largest of three main ethnic groups in Rwanda and Burundi (the other two being the largest Bantu ethnic grou ...
s were often physically indistinguishable.William A. Schabas
William Anthony Schabas, OC (born 19 November 1950) is a Canadian academic specialising in international criminal and human rights law. He is professor of international law at Middlesex University in the United Kingdom, professor of internation ...
, Genocide in International Law: The Crime of Crimes 124–129 (2d. ed. 2009).
In such a situation where a definitive answer based on objective markers is not clear, courts have turned to the subjective standard that "if a victim was perceived by a perpetrator as belonging to a protected group, the victim could be considered by the Chamber as a member of the protected group". Stigmatization of the group by the perpetrators through legal measures, such as withholding citizenship, requiring the group to be identified, or isolating them from the whole could show that the perpetrators viewed the victims as a protected group.
Convention on the Prevention and Punishment of the Crime of Genocide
The convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time however, only two of the five permanent members of the UN Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and ...
were parties to the treaty: France and the Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.
William Schabas
William Anthony Schabas, OC (born 19 November 1950) is a Canadian academic specialising in international criminal and human rights law. He is professor of international law at Middlesex University in the United Kingdom, professor of internation ...
has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require states to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.
UN Security Council Resolution 1674
UN Security Council Resolution 1674
United Nations Security Council Resolution 1674, adopted unanimously on April 28, 2006, after reaffirming resolutions 1265 (1999) and 1296 (2000) concerning the protection of civilians in armed conflict and Resolution 1631 (2005) on co-operatio ...
, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document
The 2005 World Summit, held between 14 and 16 September 2005, was a follow-up summit meeting to the United Nations' 2000 Millennium Summit, which had led to the Millennium Declaration of the Millennium Development Goals (MDGs). Representatives ( ...
regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing
Ethnic cleansing is the systematic forced removal of ethnic, racial, and religious groups from a given area, with the intent of making a region ethnically homogeneous. Along with direct removal, extermination, deportation or population transfer ...
and crimes against humanity". The resolution
Resolution(s) may refer to:
Common meanings
* Resolution (debate), the statement which is debated in policy debate
* Resolution (law), a written motion adopted by a deliberative body
* New Year's resolution, a commitment that an individual mak ...
committed the council to action to protect civilians in armed conflict.
In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
Municipal law
Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, ...
.
Other definitions of genocide
Writing in 1998, Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has international legal credibility that others lack, other genocide definitions
Genocide definitions include many scholarly and international legal definitions of genocide,Based on a list by Adam Jones . a word coined with ''genos'' (Greek: "birth", "kind", or "race") and an English suffix ''-cide'' by Raphael Lemkin in 1944 ...
have also been proposed. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons.[ ] Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions. For example, Frank Chalk and Kurt Jonassohn studied all human history, while Leo Kuper
Leo Kuper (20 November 1908 – 23 May 1994) was a South African sociologist specialising in the study of genocide.
Early life and legal career
Kuper was born to a Lithuanian Jewish family. His siblings included his sister Mary (d. 1948), who ...
and Rudolph Rummel
Rudolph Joseph Rummel (October 21, 1932 – March 2, 2014) was an American political scientist and professor at the Indiana University, Yale University, and University of Hawaiʻi. He spent his career studying data on collective violence and war w ...
in their more recent works concentrated on the 20th century, and Helen Fein
Helen Fein (1934 – May 14, 2022) was a historical sociologist and professor who specializes on genocide, human rights, collective violence and other issues. She is an author and editor of four books and monographs, a former associate of the Inte ...
, Barbara Harff
Barbara Harff (born 17 July 1942) is professor of political science emerita at the U.S. Naval Academy in Annapolis, Maryland. In 2003 and again in 2005 she was a distinguished visiting professor at the Strassler Center for Holocaust and Genocide S ...
, and Ted Gurr
Ted Robert Gurr (February 21, 1936 – November 25, 2017) was an American author and professor of political science who most notably wrote about political conflict and instability. His widely translated book ''Why Men Rebel'' (1970) emphasized t ...
have looked at post-World War II events.
Political and social groups
The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example, M. Hassan Kakar in his book ''The Soviet Invasion and the Afghan Response, 1979–1982'' argues that the international definition of genocide is too restricted, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: "Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator." In turn some states such as Ethiopia
Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the ...
, France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, and Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
include political groups as legitimate genocide victims in their anti-genocide laws.
Harff and Gurr defined genocide as "the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group ... hen
Hen commonly refers to a female animal: a female chicken, other gallinaceous bird, any type of bird in general, or a lobster. It is also a slang term for a woman.
Hen or Hens may also refer to:
Places Norway
*Hen, Buskerud, a village in Ringer ...
the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality". Harff and Gurr also differentiate between genocides and politicide
Political cleansing of population is eliminating categories of people in specific areas for political reasons. The means may vary from forced migration to genocide.
Politicide
Politicide is the deliberate physical destruction or elimination o ...
s by the characteristics by which members of a group are identified by the state. In genocides, the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups. Daniel D. Polsby and Don B. Kates, Jr. state that "we follow Harff's distinction between genocides and 'pogrom
A pogrom () is a violent riot incited with the aim of massacring or expelling an ethnic or religious group, particularly Jews. The term entered the English language from Russian to describe 19th- and 20th-century attacks on Jews in the Russia ...
s', which she describes as 'short-lived outbursts by mobs, which, although often condoned by authorities, rarely persist'. If the violence persists for long enough, however, Harff argues, the distinction between condonation and complicity collapses."
According to Rummel, genocide has three different meanings. The ordinary meaning is murder by the government of people due to their national, ethnic, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the ''Convention on the Prevention and Punishment of the Crime of Genocide'' (CPPCG). This also includes non-killings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide
Democide is a term coined by American political scientist Rudolph Rummel to describe "the intentional killing of an unarmed or disarmed person by special agent, government agents acting in their authoritative capacity and pursuant to government p ...
for the third meaning.
Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquiring weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'. The definition upholds the centrality of intent, the multidimensional understanding of destroying, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide.
Other definitions of genocide would include social groups defined by gender, sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
, or gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
.
Transgender genocide
In 2013 some international trans activists introduced the term ‘transcide’ to describe the elevated level of killings of trans people globally. A coalition of NGOs from South America and Europe started the “Stop Trans Genocide” campaign. The term "trancide" follows an earlier term, gendercide
Gendercide is the systematic killing of members of a specific gender. The term is related to the general concepts of assault and murder against victims due to their gender, with violence against women and men being problems dealt with by human ri ...
. Legal scholars have argued that the definition of genocide should be expanded to cover transgender people, because they are victims of institutional discrimination, persecution, and violence. Brian Kritz argued that existing law should be extended to protect transgender people. Similar arguments have been made regarding extending the legal definition of "crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
." Aside from legal studies, transgender genocide
Transgender genocide or trans genocide is a term used by scholars and activists to describe an elevated level of systematic discrimination and violence against transgender people. The term is related to the common meaning as well as the legal c ...
has been examined by scholars of queer studies
Queer studies, sexual diversity studies, or LGBT studies is the education of topics relating to sexual orientation and gender identity usually focusing on lesbian, gay, bisexual, transgender, gender dysphoria, asexual, queer, questioning, inte ...
, hate studies, and other fields.
International prosecution
By ''ad hoc'' tribunals
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories—namely, Bahrain
Bahrain ( ; ; ar, البحرين, al-Bahrayn, locally ), officially the Kingdom of Bahrain, ' is an island country in Western Asia. It is situated on the Persian Gulf, and comprises a small archipelago made up of 50 natural islands and an ...
, Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
, India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
, the Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
, Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
, the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, Vietnam
Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
, Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
, and former Yugoslavia
The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yu ...
—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
without their consent. Despite official protests from other signatories (notably Cyprus
Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is geo ...
and Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
) on the ethics and legal standing of these reservations, the immunity from prosecution
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...
they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by former Yugoslavia following the 1999 Kosovo War
The Kosovo War was an armed conflict in Kosovo that started 28 February 1998 and lasted until 11 June 1999. It was fought by the forces of the Federal Republic of Yugoslavia (i.e. Serbia and Montenegro), which controlled Kosovo before the war ...
.
It is commonly accepted that, at least since World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, genocide has been illegal under customary international law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its ...
as a peremptory norm
A peremptory norm (also called or ' ; Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted.
There is no universal a ...
, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution because a chain of accountability must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
Nuremberg Tribunal (1945–1946)
The Nazi leaders who were prosecuted shortly after World War II for taking part in the Holocaust, and other mass murders, were charged under existing international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
s, such as crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
, as the crime of "genocide' was not formally defined until the 1948 ''Convention on the Prevention and Punishment of the Crime of Genocide'' (CPPCG). Nevertheless, the recently coined term appeared in the indictment of the Nazi leaders, Count 3, which stated that those charged had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups—against the civilian populations of certain occupied territories in order to destroy particular races and classes of people, and national, racial or religious groups, particularly Jews, Poles, Gypsies and others."
International Criminal Tribunal for the Former Yugoslavia (1993–2017)
The term ''Bosnian genocide'' is used to refer either to the killings committed by Serb forces in Srebrenica
Srebrenica ( sr-cyrl, Сребреница, ) is a town and municipality located in the easternmost part of Republika Srpska, an entity of Bosnia and Herzegovina. It is a small mountain town, with its main industry being Salt mine, salt mining a ...
in 1995, or to ethnic cleansing that took place elsewhere during the 1992–1995 Bosnian War
The Bosnian War ( sh, Rat u Bosni i Hercegovini / Рат у Босни и Херцеговини) was an international armed conflict that took place in Bosnia and Herzegovina between 1992 and 1995. The war is commonly seen as having started ...
.
In 2001, the 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 ...
(ICTY) judged that the 1995 Srebrenica massacre was an act of genocide. On 26 February 2007, the International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
(ICJ), in the ''Bosnian Genocide Case
''Bosnia and Herzegovina v Serbia and Montenegro'' 007ICJ 2 (also called the ''Application of the Convention on the Prevention and Punishment of the Crime of Genocide'') is a public international law case decided by the International Court of Just ...
'' upheld the ICTY's earlier finding that the massacre in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.
On 12 July 2007, European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
when dismissing the appeal by Nikola Jorgić against his conviction for genocide by a German court ('' Jorgic v. Germany'') noted that the German courts wider interpretation of genocide has since been rejected by international courts considering similar cases. The ECHR also noted that in the 21st century "Amongst scholars, the majority have taken the view that ethnic cleansing
Ethnic cleansing is the systematic forced removal of ethnic, racial, and religious groups from a given area, with the intent of making a region ethnically homogeneous. Along with direct removal, extermination, deportation or population transfer ...
, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide, and the ICTY has found in the Momcilo Krajisnik case that the actus reus of genocide was met in Prijedor "With regard to the charge of genocide, the Chamber found that in spite of evidence of acts perpetrated in the municipalities which constituted the actus reus of genocide".
About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia
Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and He ...
. To date, after several plea bargain
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
s and some convictions that were successfully challenged on appeal two men, Vujadin Popović
Vujadin Popović (14 March 1957, Popovići, SR Bosnia and Herzegovina) is a Bosnian Serb war criminal, who participated in the War in Bosnia and Herzegovina and was convicted of genocide, extermination, murder and persecution and sentenced to l ...
and Ljubiša Beara
Ljubiša Beara (14 July 1939 – 8 February 2017) was a Bosnian Serb colonel and convicted war criminal who participated in the Srebrenica massacre.
Biography
Born in Sarajevo, Drina Banovina, Kingdom of Yugoslavia, he was Colonel and Chief of Se ...
, have been found guilty of committing genocide, Zdravko Tolimir
Zdravko Tolimir (Serbian Cyrillic: Здравко Толимир; 27 November 1948 – 9 February 2016) was a Bosnian Serb military commander and war criminal, convicted of genocide, conspiracy to commit genocide, extermination, murder, persecutio ...
has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić
Radislav Krstić ( sr-cyr, Радислав Крстић; born 15 February 1948) is a Bosnian Serb Deputy Commander and later Chief of Staff of the Drina Corps of the Army of Republika Srpska (the "Bosnian Serb army") from October 1994 until 12 ...
and Drago Nikolić, have been found guilty of aiding and abetting genocide. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgić lost an appeal against his conviction in the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
. A further eight men, former members of the Bosnian Serb security forces were found guilty of genocide by the State Court of Bosnia and Herzegovina :''This article refers to the Court of Bosnia and Herzegovina, a domestic court which includes international judges and prosecutors and a section for war crimes; it should not be confused with the separate International Criminal Tribunal for the Fo ...
(See List of Bosnian genocide prosecutions
This is a comprehensive list of prosecutions brought against individuals for the crime of genocide in Bosnia and Herzegovina, and international cases brought against states for the same crime. Additionally, civil law cases brought against individ ...
).
Slobodan Milošević
Slobodan Milošević (, ; 20 August 1941 – 11 March 2006) was a Yugoslav and Serbian politician who was the president of Serbia within Yugoslavia from 1989 to 1997 (originally the Socialist Republic of Serbia, a constituent republic of ...
, as the former President of Serbia and of Yugoslavia, was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, so no verdict was returned. In 1995, the ICTY issued a warrant for the arrest of Bosnian Serbs Radovan Karadžić
Radovan Karadžić ( sr-cyr, Радован Караџић, ; born 19 June 1945) is a Bosnian Serb politician, psychiatrist and poet. He was convicted of genocide, crimes against humanity and war crimes by the International Criminal Tr ...
and Ratko Mladić
Ratko Mladić ( sr-Cyrl, Ратко Младић, ; born 12 March 1942) is a Bosnian Serb convicted war criminal and colonel-general who led the Army of Republika Srpska (VRS) during the Yugoslav Wars. In 2017, he was found guilty of committing ...
on several charges including genocide. On 21 July 2008, Karadžić was arrested in Belgrade, and later tried in The Hague accused of genocide among other crimes. On 24 March 2016, Karadžić was found guilty of genocide in Srebrenica, war crimes and crimes against humanity, 10 of the 11 charges in total, and sentenced to 40 years' imprisonment. Mladić was arrested on 26 May 2011 in Lazarevo, Serbia, and was tried in The Hague. The verdict, delivered on 22 November 2017 found Mladić guilty of 10 of the 11 charges, including genocide and he was sentenced to life imprisonment.
International Criminal Tribunal for Rwanda (1994–present)
The 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 Nation ...
(ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda
Rwanda (; rw, u Rwanda ), officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of Central Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator ...
during the genocide which occurred there during April 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
So far, the ICTR has finished nineteen trials and convicted twenty-seven accused persons. On 14 December 2009, two more men were accused and convicted for their crimes. Another twenty-five persons are still on trial. Twenty-one are awaiting trial in detention, two more added on 14 December 2009. Ten are still at large. The first trial, of Jean-Paul Akayesu
Jean-Paul Akayesu (born 1953 in Taba) is a former teacher, school inspector, and Republican Democratic Movement (MDR) politician from Rwanda, convicted of genocide for his role in inciting the Rwandan genocide. Life
Akayesu was the mayor of Ta ...
, began in 1997. Akayesu was the first person ever to be convicted of the crime of genocide. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda
Jean Kambanda (born October 19, 1955) is a Rwandan former politician who served as the Prime Minister of Rwanda in the caretaker government from the start of the 1994 Rwandan genocide. He is the only head of government to plead guilty to genocid ...
, interim Prime Minister, pleaded guilty.
Extraordinary Chambers in the Courts of Cambodia (2003–present)
The Khmer Rouge
The Khmer Rouge (; ; km, ខ្មែរក្រហម, ; ) is the name that was popularly given to members of the Communist Party of Kampuchea (CPK) and by extension to the regime through which the CPK ruled Cambodia between 1975 and 1979. ...
, led by Pol Pot
Pol Pot; (born Saloth Sâr;; 19 May 1925 – 15 April 1998) was a Cambodian revolutionary, dictator, and politician who ruled Cambodia as Prime Minister of Democratic Kampuchea between 1976 and 1979. Ideologically a Marxist–Leninist a ...
, Ta Mok
Ta Mok ( km, តាម៉ុក; born Chhit Choeun (); 1924 – 21 July 2006) also known as Nguon Kang, was a Cambodian military chief and soldier who was a senior figure in the Khmer Rouge and the leader of the national army of Democratic Kamp ...
and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at 1.7 million Cambodia
Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand t ...
ns between 1975 and 1979, including deaths from slave labour.[Cambodian Genocide Program](_blank)
Yale University
Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wo ...
's MacMillan Center for International and Area Studies
On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge
The Khmer Rouge (; ; km, ខ្មែរក្រហម, ; ) is the name that was popularly given to members of the Communist Party of Kampuchea (CPK) and by extension to the regime through which the CPK ruled Cambodia between 1975 and 1979. ...
officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.
The genocide charges related to killings of Cambodia's Vietnamese
Vietnamese may refer to:
* Something of, from, or related to Vietnam, a country in Southeast Asia
** A citizen of Vietnam. See Demographics of Vietnam.
* Vietnamese people, or Kinh people, a Southeast Asian ethnic group native to Vietnam
** Overse ...
and Cham
Cham or CHAM may refer to:
Ethnicities and languages
*Chams, people in Vietnam and Cambodia
**Cham language, the language of the Cham people
***Cham script
***Cham (Unicode block), a block of Unicode characters of the Cham script
*Cham Albanian ...
minorities, which is estimated to make up tens of thousand killings and possibly more
The investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.
* Kang Kek Iew
Kang Kek Iew, also spelled Kaing Guek Eav ( km, កាំង ហ្គេកអ៊ាវ, ; 17 November 1942 – 2 September 2020), ''nom de guerre'' Comrade Duch ( km, មិត្តឌុច, ) or Hang Pin, was a Cambodian convicted war ...
was formally charged with a war crime and crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. His appeal against his conviction for war crimes and crimes against humanity was rejected on 3 February 2012, and he is serving a sentence of life imprisonment.
* Nuon Chea
Nuon Chea ( km, នួន ជា; born Lao Kim Lorn; 7 July 1926 – 4 August 2019), also known as Long Bunruot ( km, ឡុង ប៊ុនរត្ន) or Rungloet Laodi ( th, รุ่งเลิศ เหล่าดี), was a Cambodian co ...
, a former prime minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial started on 27 June 2011 and ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
* Khieu Samphan
Khieu Samphan ( km, ខៀវ សំផន; born 28 July 1931) is a Cambodian former communist politician and economist who was the chairman of the state presidium of Democratic Kampuchea (Cambodia) from 1976 until 1979. As such, he served as ...
, a former head of state, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. and also ended on 7 August 2014, with a life sentence imposed for crimes against humanity.
* Ieng Sary
Ieng Sary ( km, អៀង សារី; 24 October 1925 – 14 March 2013) was a Cambodian politician who was the co-founder and senior member of the Khmer Rouge. He was a member of the Central Committee of the Communist Party of Kampuchea le ...
, a former foreign minister, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial started on 27 June 2011, and ended with his death on 14 March 2013. He was never convicted.
* Ieng Thirith
Ieng Thirith (née Khieu; km, អៀង ធីរិទ្ធ; 10 March 1932 – 22 August 2015) was an influential intellectual and politician in the Khmer Rouge, although she was neither a member of the Khmer Rouge Standing Committee nor of ...
, a former minister for social affairs and wife of Ieng Sary, who was indicted on charges of genocide, war crimes, crimes against humanity and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her were suspended pending a health evaluation. In September 2012, she was released from prison on account of advanced Alzheimer's disease
Alzheimer's disease (AD) is a neurodegeneration, neurodegenerative disease that usually starts slowly and progressively worsens. It is the cause of 60–70% of cases of dementia. The most common early symptom is difficulty in short-term me ...
; she died on 22 August 2015 at the age of 83 from complications of the disease.
There has been disagreement between some of the international jurists and the Cambodian government over whether any other people should be tried by the Tribunal.[
]
By the International Criminal Court
Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.
Darfur, Sudan
There has been much debate over categorizing the situation in Darfur as genocide. The ongoing conflict in Darfur
Darfur ( ; ar, دار فور, Dār Fūr, lit=Realm of the Fur) is a region of western Sudan. ''Dār'' is an Arabic word meaning "home f – the region was named Dardaju ( ar, دار داجو, Dār Dājū, links=no) while ruled by the Daju, ...
, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State
The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
Colin Powell
Colin Luther Powell ( ; April 5, 1937 – October 18, 2021) was an American politician, statesman, diplomat, and United States Army officer who served as the 65th United States Secretary of State from 2001 to 2005. He was the first African ...
on 9 September 2004 in testimony before the Senate Foreign Relations Committee
The United States Senate Committee on Foreign Relations is a standing committee of the U.S. Senate charged with leading foreign-policy legislation and debate in the Senate. It is generally responsible for overseeing and funding foreign aid pro ...
. Since that time however, no other permanent member of the UN Security Council has done so. In fact, in January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564
United Nations Security Council Resolution 1564, adopted on 18 September 2004, after recalling resolutions 1502 (2003), 1547 (2004) and 1556 (2004), the Council threatened the imposition of sanctions against Sudan if it failed to comply with its ...
of 2004, issued a report to the Secretary-General stating that "the Government of Sudan has not pursued a policy of genocide."[ , 25 January 2005, at 4] Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."
In March 2005, the Security Council formally referred the situation in Darfur to the Prosecutor of the International Criminal Court, taking into account the Commission report but without mentioning any specific crimes. Two permanent members of the Security Council, the United States and China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, abstained from the vote on the referral resolution. As of his fourth report to the Security Council, the Prosecutor has found "reasonable grounds to believe that the individuals identified n the UN Security Council Resolution 1593">UN_Security_Council_Resolution_1593.html" ;"title="n the UN Security Council Resolution 1593">n the UN Security Council Resolution 1593have committed crimes against humanity and war crimes," but did not find sufficient evidence to prosecute for genocide.
In April 2007, the Judges of the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Militia Janjaweed leader, Ali Kushayb, for crimes against humanity and war crimes.
On 14 July 2008, prosecutors at the International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
(ICC), filed ten charges of war crimes against Sudan's President Omar al-Bashir: three counts of genocide, five of crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
and two of murder. The ICC's prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.
On 4 March 2009, the ICC issued a warrant of arrest for Omar Al Bashir, President of Sudan as the ICC Pre-Trial Chamber I concluded that his position as head of state does not grant him immunity against prosecution before the ICC. The warrant was for war crimes and crimes against humanity. It did not include the crime of genocide because the majority of the Chamber did not find that the prosecutors had provided enough evidence to include such a charge. Later the decision was changed by the Appeals Panel and after issuing the second decision, charges against Omar al-Bashir include three counts of genocide.
Examples
The concept of genocide can be applied to historical
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well ...
events. The preamble of the CPPCG
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
states that "at all periods of history genocide has inflicted great losses on humanity." Revisionist attempts to challenge or affirm claims of genocide are illegal in some countries. Several European countries ban the denial of the Holocaust and the denial of the Armenian genocide
Armenian genocide denial is the claim that the Ottoman Empire and its ruling party, the Committee of Union and Progress (CUP), did not commit genocide against its Armenian citizens during World War I—a crime documented in a large body of ...
, while in Turkey referring to the 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 ...
, Greek genocide
The Greek genocide (, ''Genoktonia ton Ellinon''), which included the Pontic genocide, was the systematic killing of the Christians, Christian Ottoman Greeks, Ottoman Greek population of Anatolia which was carried out mainly during World War I ...
, and ''Sayfo
The Sayfo or the Seyfo (; see below), also known as the Assyrian genocide, was the mass slaughter and deportation of Assyrian / Syriac Christians in southeastern Anatolia and Persia's Azerbaijan province by Ottoman forces and some Kurdish tr ...
'', and to the period of mass starvation
A famine is a widespread scarcity of food, caused by several factors including war, natural disasters, crop failure, population imbalance, widespread poverty, an economic catastrophe or government policies. This phenomenon is usually accomp ...
during the Great Famine of Mount Lebanon
The Great Famine of Mount Lebanon (1915–1918) ( syc, ܟܦܢܐ, lit=Starvation, translit=Kafno; ar, مجاعة لبنان, translit=Majā'at Lubnān; tr, Lübnan Dağı'nın Büyük Kıtlığı) was a period of mass starvation during World War ...
affecting Maronites
The Maronites ( ar, الموارنة; syr, ܡܖ̈ܘܢܝܐ) are a Christian ethnoreligious group native to the Eastern Mediterranean and Levant region of the Middle East, whose members traditionally belong to the Maronite Church, with the largest ...
, as genocides may be prosecuted under Article 301
Article 301 is an article of the Turkish Penal Code making it illegal to insult Turkey, the Turkish nation, Turkish government institutions, or Turkish national heroes such as Mustafa Kemal Atatürk. It took effect on June 1, 2005, and was introdu ...
.
Historian William Rubinstein
William D. Rubinstein (born 12 August 1946) is a historian and author. His best-known work, ''Men of Property: The Very Wealthy in Britain Since the Industrial Revolution'', charts the rise of the 'super rich', a class he sees as expanding exp ...
argues that the origin of 20th-century genocides can be traced back to the collapse of the elite structure and normal modes of government in parts of Europe following World War I, commenting:
According to Esther Brito, the way in which states commit genocide has evolved in the 21st century and genocidal campaigns have attempted to circumvent international systems designed to prevent, mitigate, and prosecute genocide by adjusting the duration, intensity, and methodology of the genocide. Brito states that modern genocides often happen on a much longer time scale than traditional ones - taking years or decades - and that instead of traditional methods of beatings and executions less directly fatal tactics are used but with the same effect. Brito described the contemporary plights of the Rohingya
The Rohingya people () are a stateless Indo-Aryan ethnic group who predominantly follow Islam and reside in Rakhine State, Myanmar (previously known as Burma). Before the Rohingya genocide in 2017, when over 740,000 fled to Bangladesh, an ...
and Uyghurs
The Uyghurs; ; ; ; zh, s=, t=, p=Wéiwú'ěr, IPA: ( ), alternatively spelled Uighurs, Uygurs or Uigurs, are a Turkic ethnic group originating from and culturally affiliated with the general region of Central and East Asia. The Uyghur ...
as examples of this newer form of genocide. The abuses against West Papuans
West Papua ( id, Papua Barat), formerly Irian Jaya Barat (West Irian), is a province of Indonesia. It covers the two western peninsulas of the island of New Guinea, the eastern half of the Bird's Head Peninsula (or Doberai Peninsula) and the ...
in Indonesia have also been described as a slow-motion 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 ...
.
Stages, risk factors, and prevention
Study of the risk factors and prevention of genocide was underway before the 1982 International Conference on the Holocaust and Genocide
The International Conference on the Holocaust and Genocide was the first major conference in the field of genocide studies, held in Tel Aviv on 20–24 June 1982. It was organized by Israel Charny, Elie Wiesel, Shamai Davidson, and their Institu ...
during which multiple papers on the subject were presented. In 1996 Gregory Stanton
Gregory H. Stanton is the former Research Professor in Genocide Studies and Prevention at the George Mason University in Fairfax County, Virginia, United States. He is best known for his work in the area of genocide studies. He is the founder a ...
, the president of Genocide Watch
Gregory H. Stanton is the former Research Professor in Genocide Studies and Prevention at the George Mason University in Fairfax County, Virginia, United States. He is best known for his work in the area of genocide studies. He is the founder a ...
, presented a briefing paper called " The 8 Stages of Genocide" at the United States Department of State
The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
.Gregory Stanton
Gregory H. Stanton is the former Research Professor in Genocide Studies and Prevention at the George Mason University in Fairfax County, Virginia, United States. He is best known for his work in the area of genocide studies. He is the founder a ...
The 8 Stages of Genocide
Genocide Watch, 1996 In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".
The Stanton paper was presented to the State Department, shortly after the Rwandan Genocide and much of its analysis are based on why that genocide occurred. The preventative measures suggested, given the briefing paper's original target audience, were those that the United States could implement directly or indirectly by using its influence on other governments.
In April 2012, it was reported that Stanton would soon be officially adding two new stages, Discrimination and Persecution, to his original theory, which would make for a 10-stage theory of genocide.
Other authors have focused on the structural conditions leading up to genocide and the psychological and social processes that create an evolution toward genocide. Ervin Staub Ervin Staub (born June 13, 1938) is a professor of psychology, emeritus, at the University of Massachusetts Amherst. He is the founding director of the doctoral program on the psychology of peace and violence. He is most known for his works on helpi ...
showed that economic deterioration and political confusion and disorganization were starting points of increasing discrimination and violence in many instances of genocides and mass killing. They lead to scapegoating a group and ideologies that identified that group as an enemy. A history of devaluation of the group that becomes the victim, past violence against the group that becomes the perpetrator leading to psychological wounds, authoritarian
Authoritarianism is a political system characterized by the rejection of political plurality, the use of strong central power to preserve the political ''status quo'', and reductions in the rule of law, separation of powers, and democratic votin ...
cultures and political systems, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that the violence develops into genocide. Intense conflict between groups that is unresolved, becomes intractable and violent can also lead to genocide. In 2006, Dirk Moses
Anthony Dirk Moses (born 1967) is an Australian scholar who researches various aspects of genocide. In 2022 he became the Anne and Bernard Spitzer Professor of Political Science at the City College of New York, after having been the Frank Porter ...
criticised genocide studies due to its "rather poor record of ending genocide".
See also
* Outline of Genocide studies
Below is an outline of articles on Genocide studies and closely related subjects; it is not an outline of acts or events related to genocide. The Event outlines section contains links to outlines of acts of genocide.
Subjects
* Acculturation
...
* Allport's Scale
Allport's Scale is a measure of the manifestation of prejudice in a society. It is also referred to as Allport's Scale of Prejudice and Discrimination or Allport's Scale of Prejudice. It was devised by psychologist Gordon Allport in 1954.
The sca ...
* Countervalue
In military doctrine, countervalue is the targeting of an opponent's assets that are of value but not actually a military threat, such as cities and civilian populations. Counterforce is the targeting of an opponent's military forces and faciliti ...
* Cultural genocide
Cultural genocide or cultural cleansing is a concept which was proposed by lawyer Raphael Lemkin in 1944 as a component of genocide. Though the precise definition of ''cultural genocide'' remains contested, the Armenian Genocide Museum defines ...
* Death squad
A death squad is an armed group whose primary activity is carrying out extrajudicial killings or forced disappearances as part of political repression, genocide, ethnic cleansing, or revolutionary terror. Except in rare cases in which they are ...
* Democide
Democide is a term coined by American political scientist Rudolph Rummel to describe "the intentional killing of an unarmed or disarmed person by special agent, government agents acting in their authoritative capacity and pursuant to government p ...
* Ethnic cleansing
Ethnic cleansing is the systematic forced removal of ethnic, racial, and religious groups from a given area, with the intent of making a region ethnically homogeneous. Along with direct removal, extermination, deportation or population transfer ...
* Gendercide
Gendercide is the systematic killing of members of a specific gender. The term is related to the general concepts of assault and murder against victims due to their gender, with violence against women and men being problems dealt with by human ri ...
* Genocide education Genocide education refers to education about patterns and trends in the phenomenon of genocide and/or about the causes, nature and impact of particular instances of genocide.
Educating about genocide in Rwanda
Recent Rwanda history curricula expl ...
* Genocide of indigenous peoples
The genocide of indigenous peoples, colonial genocide, or settler genocide is elimination of entire communities of indigenous peoples as part of colonialism. Genocide of the native population is especially likely in cases of settler colonialis ...
* 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 ...
* Omnicide
* Policide
In political science, policide describes the intentional destruction of an independent political entity, political or social entity. Sometimes, the related word "politicide" is used in this meaning. The term is used with some regularity within po ...
* Political cleansing of population
Political cleansing of population is eliminating categories of people in specific areas for political reasons. The means may vary from forced migration to genocide.
Politicide
Politicide is the deliberate physical destruction or elimination o ...
* Religious cleansing
Religious persecution is the systematic mistreatment of an individual or a group of individuals as a response to their religious beliefs or affiliations or their lack thereof. The tendency of societies or groups within societies to alienate o ...
* Utilitarian genocide __NOTOC__
Utilitarian genocide is one of five forms of genocide categorized and defined in 1975 by genocide scholar Vahakn Dadrian. Utilitarian genocide is distinctly different from ideologically motivated genocides like the Holocaust and the C ...
Research
* Center for the Study of Genocide and Human Rights
The Center for the Study of Genocide and Human Rights (CGHR) is a non-profit organization established in 2008 and based at Rutgers, The State University of New Jersey. CGHR examines genocide and mass violence -- as well as their aftermaths and pr ...
* International Association of Genocide Scholars
The International Association of Genocide Scholars (IAGS) is an international non-partisan organization that seeks to further research and teaching about the nature, causes, and consequences of genocide, including the Armenian genocide, the Holoca ...
References
Further reading
Articles
* (in Spanish) Aizenstatd, Najman Alexander. "Origen y Evolución del Concepto de Genocidio". Vol. 25 Revista de Derecho de la Universidad Francisco Marroquín 11 (2007).
* (in Spanish) Marco, Jorge. "Genocidio y Genocide Studies: Definiciones y debates", en: Aróstegui, Julio, Marco, Jorge y Gómez Bravo, Gutmaro (coord.): "De Genocidios, Holocaustos, Exterminios...", ''Hispania Nova'', 10 (2012). Véas
* Krain, M. (1997). "State-Sponsored Mass Murder: A Study of the Onset and Severity of Genocides and Politicides." Journal of Conflict Resolution 41(3): 331–360.
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* Schmid, A. P. (1991). Repression, State Terrorism, and Genocide: Conceptual Clarifications. State Organized Terror: The Case of Violent Internal Repression. P. T. Bushnell. Boulder, Colorado, USA: Westview Press. 312 p.
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* ''Overcoming Evil: Genocide, violent conflict and terrorism''. New York: Oxford University Press.
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{{authority control
Genocide,
1940s neologisms
International criminal law
Mass murder
Racism