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Genocide is the attempted destruction of a people, usually defined as an
ethnic An ethnic group or ethnicity is a grouping of people who identity (social science), identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancest ...
,
national National may refer to: Common uses * Nation A nation is a community of people formed on the basis of a common language, history, ethnicity, or a common culture, and, in many cases, a shared territory. A nation is more overtly political than an ...
,
racial A race is a grouping of humans based on shared physical or social qualities into categories generally viewed as distinct by society. The term was first used to refer to speakers of a common language and then to denote national affiliations. By ...
, or
religious Religion is a - of designated and practices, , s, s, , , , , or , that relates humanity to , , and elements; however, there is no scholarly consensus over what precisely constitutes a religion. Different religions may or may not contain v ...

religious
group.
Raphael Lemkin Raphael Lemkin ( pl, Rafał Lemkin; 24 June 1900 – 28 August 1959) was a Polish lawyer of History of the Jews in Poland, Jewish descent who is best known for coining ''genocide'' and initiating the Genocide Convention, an interest spurred on ...
coined the term in 1944, combining the
Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. Its population is approximately 10.7 million as of ...
word (, "race, people") with the
Latin Latin (, or , ) is a classical language A classical language is a language A language is a structured system of communication Communication (from Latin ''communicare'', meaning "to share" or "to be in relation with") is "an appa ...

Latin
suffix In linguistics Linguistics is the science, scientific study of language. It encompasses the analysis of every aspect of language, as well as the methods for studying and modeling them. The traditional areas of linguistic analysis include ...
("act of killing").. In 1948, the
United Nations The United Nations (UN) is an intergovernmental organization An intergovernmental organization (IGO) is an organization composed primarily of sovereign states (referred to as ''member states''), or of other organizations through formal ...

United Nations
Genocide Convention The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or Genocide Convention, is an International Agreement, international treaty that criminalizes genocide and obligates state parties to enforce its prohibition. It w ...
defined genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such" including the killing of its members, causing serious bodily or mental harm to members of the group, deliberately imposing living conditions that seek to "bring about its physical destruction in whole or in part", preventing births, or forcibly transferring children out of the group to another group. Victims are targeted because of their real or perceived membership of a group, not randomly. The
Political Instability Task ForceThe Political Instability Task Force (PITF), formerly known as State Failure Task Force, is a Federal government of the United States, U.S. government-sponsored research project to build a database on major domestic politics, political conflicts lead ...
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 UN agency mandated to aid and protect refugee A refugee, generally speaking, is a displaced person Forced displacement (also forced migration) is an involuntary or coerced ...

UNHCR
estimated that a further 50 million had been displaced by such episodes of violence up to 2008. Genocide is widely considered to signify the epitome of human
evil Evil, in a general sense, is defined by what it is not—the opposite or absence of good 125px, In many Western religions, angels are considered to be good beings and are contrasted with devils who are considered evil In most contexts, t ...
. 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 (, ). In 1941,
Winston Churchill Sir Winston Leonard Spencer Churchill, (30 November 187424 January 1965) was a British statesman who served as Prime Minister of the United Kingdom The prime minister of the United Kingdom is the head of government The hea ...

Winston Churchill
, when describing the German invasion of the Soviet Union, 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 of History of the Jews in Poland, Jewish descent who is best known for coining ''genocide'' and initiating the Genocide Convention, an interest spurred on ...
coined the term ''genocide'' as a combination of the Ancient Greek word ''génos'' (γένος, meaning "race" or "people") with the Latin ''caedere'', "to kill"; his book ''Axis Rule in Occupied Europe'' (1944) describes the implementation of
Nazi Nazism ( ), officially National Socialism (german: Nationalsozialismus, ), is the ideology An ideology () is a set of belief A belief is an Attitude (psychology), attitude that something is the case, or that some proposition about th ...
policies in
occupied Europe German-occupied Europe refers to the sovereign countries of Europe Europe is a continent A continent is one of several large landmasses. Generally identified by convention (norm), convention rather than any strict criteria, up to sev ...
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 (polity), state. A mass killing is commonly defined as the killing of grou ...
. After reading about the 1921
assassination of Talat Pasha On 15 March 1921, Armenian student Soghomon Tehlirian assassinated Talat 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 (Terminology of the Armenian Genocide, other names) was the systematic mass murder and ethnic cleansing of around 1 million ethnic Armenians from Asia Minor and adjoining regions by the Ottoman Empire and its ruling ...

Armenian genocide
, by Armenian
Soghomon Tehlirian Soghomon Tehlirian ( hy, Սողոմոն Թեհլիրեան; April 2, 1896 – May 23, 1960) was an Armenian revolutionary and soldier who assassinated Assassination is the act of murder, deliberately killing a prominent or important person, suc ...

Soghomon Tehlirian
, 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 Genocide Convention, is an International Agreement, international treaty that criminalizes genocide and obligates state parties to enforce its prohibition. It w ...
(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 Genocide is the attempted destruction of a people, usually defined as an ethnic An ethnic group or ethnicity is a grouping of people who identity (social science), identify wi ...
at the
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that the United Nations defined the crime of genocide under
international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nation A nation is a community A community is a social unitThe term "level of anal ...
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'' is an American daily newspaper based in New York City with a worldwide readership. Founded in 1851, the ''Times'' has since won List of Pulitzer Prizes awarded to The New York Times, 132 Pulitzer Prizes, the most of a ...

The New York Times
'' 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 Nazism, Nazi German politician, SS-''Obergruppenführer'', ''Gauleiter'' and ''Reichsstatthalter'' (Reich Governor) of the German-occupied territory of ''Wartheland''. He was one of th ...

Arthur Greiser
and Amon Leopold Goth in 1946 were the first trials in which judgments included the term.


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-EricksonDouglas Irvin-Erickson is a political scientist and assistant professor at George Mason University. Works * References

{{DEFAULTSORT:Irvin-Erickson, Douglas Year of birth missing (living people) Living people George Mason University faculty ...
.


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 ...

Nazi Germany
prior to and during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a global war A world war is "a war War is an intense armed conflict between states State may refer to: Arts, entertainment, and media Literatur ...
, 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 The United Nations System consists of the United Nations The United Nations (UN) ...
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 make ...
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 ''
Convention on the Prevention and Punishment of the Crime of Genocide The Convention on the Prevention and Punishment of the Crime of Genocide was unanimously adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. ...
'' (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 (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty A treaty is a formal, legally binding written agreement between actors in internation ...
, which established the
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization An intergovernmental organization (IGO) is an organization composed primarily of sovereign states (referred to as ''member states''), or of other organizatio ...

International Criminal Court
(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 to ...
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 In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any s ...
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 File:RonaldLauderWJCBudapestMay2013.jpg, World Jewish Congress President Ronald S. Lauder addressing the 14th Plenary Assembly of the World Jewish Congress in Budapest, 7 May 2013 The World Jewish Congress (WJC) was founded in Geneva, Switzerlan ...
and
Raphael Lemkin Raphael Lemkin ( pl, Rafał Lemkin; 24 June 1900 – 28 August 1959) was a Polish lawyer of History of the Jews in Poland, Jewish descent who is best known for coining ''genocide'' and initiating the Genocide Convention, an interest spurred on ...
'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 that spanned during its existence from 1922 to 1991. It was nominally a of multiple national ; in practice and were highly until its final years. The ...
, a permanent
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations The United Nations (UN) is an intergovernmental organization An intergovernmental organization (IGO) is an organization composed ...

United Nations Security Council
member. The Soviets argued that the convention's definition should follow the etymology of the term, and
Joseph Stalin ( – 5 March 1953) was a Georgians, Georgian revolutionary and Soviet political leader who governed the Soviet Union from 1924 until his death in 1953. He held power both as General Secretary of the Communist Party of the Soviet Union (1922–1952 ...
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-ой год, translit=Tridtsat sedmoi god, label=none) and the Yezhovshchina ('period of Nikolay Yezhov, Yezhov'), was Gene ...
. 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 Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States
, 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 policies which were implemented in the Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a Federalism, federal socialist state in Northern Eurasia tha ...
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 moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. ...
violation as genocide, and that many events deemed by Lemkin genocidal did not amount to genocide. As the
Cold War The Cold War was a period of geopolitical Geopolitics (from Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country loc ...
began, this change was the result of Lemkin's turn to
anti-communism Anti-communism is a political movement A political movement is a collective attempt by a group of people to change government policy or social values. Political movements are usually in opposition to an element of the status quo  and are o ...

anti-communism
in an attempt to convince the United States to ratify the Genocide Convention.


Intent

Under international law, genocide has two mental (''
mens rea ''Mens rea'' (; Law Latin Law Latin, sometimes written L.L. or L. Lat., and sometimes derisively called Dog Latin Dog Latin, also known as Cod Latin, macaronic Latin, mock Latin, or Canis Latinicus, refers to the creation of a phrase In every ...
'') elements: the general mental element and the element of specific intent (''
dolus specialis References

Additional sources * * {{Latin phrases Lists of 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 s ...
''). 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 International courts are formed by treaties A treaty is a formal legally binding written agreement between actors in intern ...

European Court of Human Rights
(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 The United Nations (UN) is an intergovernmental organization that aims to maintain international peace and international security, secu ...
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 The United Nations (UN) is an intergovernmenta ...

International Court of Justice
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 Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded an ...
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."What is Genocide?"
McGill Faculty of Law (
McGill University McGill University is a public university, public research university located in Montreal, Quebec, Canada. Founded in 1821 by royal charter granted by George IV, King George IV,Frost, Stanley Brice. ''McGill University, Vol. I. For the Advanceme ...
)
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" 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 The Rwandan Civil War was a large-scale civil war in Rwanda which was fought between the Rwandan Armed Forces, representing the country's governme ...
,
Hutu The Hutu (), also known as the Abahutu, are a Bantu Bantu may refer to: *Bantu languages, constitute the largest sub-branch of the Niger–Congo languages *Bantu peoples, over 400 peoples of Africa speaking a Bantu language *Afro-textured ha ...

Hutu
s and
Tutsi The Tutsi (; ), or Abatutsi, are an ethnic group of the African Great Lakes The African Great Lakes ( sw, Maziwa Makuu) are a series of lakes constituting the part of the Rift Valley lakes in and around the East African Rift. They include Lake ...
s were often physically indistinguishable.William A. Schabas, 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.


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 , 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 International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * International (Kevin Michael album), ''International'' (Kevin Michael album), 2011 * International (New Order album), '' ...
(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 Sexual assault is an act in which one intentionally sexually touches another person without that person's consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. ...

rape
and
torture Torture is the deliberate infliction of severe pain or suffering Suffering, or pain in a broad sense, may be an experience of unpleasantness and aversion associated with the perception of harm or threat of harm in an individual. Suffering i ...

torture
, 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 (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 Res ...
. 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 attaching the right of ownership over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities. This includes forced labor Forced labour, or unfr ...
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 Inhuman or degrading treatment is treatment of persons which is contrary to their dignity, but does not rise to the level of torture Torture (from Latin language, Latin ''tortus'': to twist, to torment) is the act of deliberately inflicting sev ...
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 Indictment, intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it ...
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 ,Çiyayê Şingalê, ar, جبل سنجار , syr, ܛܘܪܐ ܕܫܝܓܪ, Ṭura d'Shingar,) are a mountain range that runs east to west, rising above the surrounding alluvial steppe plains in nor ...

Mount Sinjar
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 Fur is a thick growth of hair Hair is a protein filament that grows from follicles found in the dermis. Hair is one of the defining characteristics of mammals. The hu ...
, and the destruction and razing of communities in
Burma Myanmar (; my, မြန်မာ ) or Burma ( my, ဗမာ ), officially the Republic of the Union of Myanmar, is a country in Southeast Asia. Myanmar is bordered by Bangladesh and India to its northwest, China to its northeast, Laos a ...

Burma
. 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 Biological processes are those processes that are vital for an organism In biology, an organism (from Ancient Greek, Greek: ὀργανισμός, ''organismos'') is ...
. It encompasses acts with the single intent of affecting reproduction and intimate relationships, such as involuntary sterilization,
forced abortion A forced abortion may occur when the perpetrator causes abortion Abortion is the ending of a pregnancy Pregnancy, also known as gestation, is the time during which one or more offspring develops inside a woman. A multiple birth, multi ...
, 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 her and thereby forcing 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 In , kinship is the web of social relationships that form an important part of the lives of all humans in all societies, although its exact ...
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. The measures used to forcibly transfer children may be imposed by direct force or psychological coercion, such as threats, duress, or detention. For example, the removal of children into boarding schools and white adoptive families to forcibly assimilate indigenous peoples of the Americas was commonplace in the United States and Canada in the nineteenth and twentieth centuries. Boarding schools and adoptions were a means of the government to strip children from their families, and thereby their languages, cultures, ceremonies, and land; this was in service of governments' missions to erase indigenous peoples from their land and its history.


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 The United Nations (UN) is an intergovernmental organization aiming to maintain international peace and international security, secu ...

UN Security Council
were parties to the treaty: France and the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia. It shares Maritime boundary, maritime borders with the China, People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the sout ...

Republic of China
. 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 In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' ...
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, 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 250px, U. N. headquarters in New York City The 2005 World Summit, held between 14 and 16 September 2005, was a follow-up summit meeting A summit meeting (or just summit) is an international meeting of Head of state, heads of state or Head of gov ...
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 Homogeneity and heterogeneity are concepts often used in the sciences ...
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 make ...
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 Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded an ...
."The Crime of Genocide in Domestic Laws and Penal Codes"
Website o
Prevent Genocide International


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 language, Greek: birth, kind, race) and an English suffix ''-cide'' by Raphael Lemkin in ...
have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons.Kurt Jonassohn & Karin Solveig Björnson, ''Genocide and Gross Human Rights Violations in Comparative Perspective: In Comparative Perspective'', Transaction Publishers, 1998,
pp. 133–135
/ref> 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 the whole of human history, while
Leo Kuper Leo Kuper (20 November 1908 – 23 May 1994) was a South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. With over Demographics of South Africa, 59 million people, it is the wo ...
and
Rudolph Rummel Rudolph Joseph Rummel (October 21, 1932 – March 2, 2014) was a 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 with a view ...
in their more recent works concentrated on the 20th century, and
Helen Fein Helen Fein (born 1934) is a historical sociologist and professor who specializes on genocide Genocide is the attempted destruction of a people, usually defined as an ethnic An ethnic group or ethnicity is a grouping of people who identity ( ...
,
Barbara Harff Barbara Harff (born in Kassel, Germany; Ph.D. Northwestern University, 1981) 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 Stra ...
, and Ted Gurr have looked at post-World War II events. 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, officially the Federal Democratic Republic of Ethiopia, is a landlocked country A landlocked country is a country A country is a distinct territory, territorial body or political entity. It is often referred to as the ...

Ethiopia
,
France France (), officially the French Republic (french: link=no, République française), is a transcontinental country This is a list of countries located on more than one continent A continent is one of several large landmasses ...

France
, and
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = , national_anthem = , image_map = , map_caption = , image_map2 ...

Spain
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 galliformes, 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 villa ...

hen
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 the eliminating categories of people in specific areas for political reasons. The means can vary from forced migration to politicide. Politicide Politicide is the deliberate physical destruction or elimina ...
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.Origins and Evolution of the Concept
in the Science Encyclopedia by Net Industries. states "Politicide, as arbaraHarff and
ed R. Ed, ed or ED may refer to: Arts and entertainment * ''Ed'' (film), a 1996 film starring Matt LeBlanc * Ed (''Fullmetal Alchemist'') or Edward Elric, a character in ''Fullmetal Alchemist'' media * ''Ed'' (TV series), a TV series that ran from ...
Gurr define it, refers to the killing of groups of people who are targeted not because of shared ethnic or communal traits, but because of 'their hierarchical position or political opposition to the regime and dominant groups' (p. 360)". But does not give the book title to go with the page number.
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 Rioters wearing scarves to conceal their identity and filter tear gas A riot () is a form of civil disorder Civil disorder, also known as civil disturbance, civil unrest, or social unrest is an activity arising ...
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 concept proposed by U.S. political scientist Rudolph Rummel to describe "the intentional killing of an unarmed or disarmed person by government agents acting in their authoritative capacity and pursuant to government policy or high ...
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.


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-Baḥrayn, , locally ), officially the Kingdom of Bahrain ( ar, مملكة البحرين, links=no '), is a country in the Arab states of the Persian Gulf, Persian Gulf. The Island country, island nation c ...

Bahrain
,
Bangladesh Bangladesh (, bn, বাংলাদেশ, ), officially the People's Republic of Bangladesh, is a country in South Asia South Asia is the southern region of Asia, which is defined in both geography, geographical and culture, ethno-c ...

Bangladesh
,
India India, officially the Republic of India (Hindi Hindi (Devanagari: , हिंदी, ISO 15919, ISO: ), or more precisely Modern Standard Hindi (Devanagari: , ISO 15919, ISO: ), is an Indo-Aryan language spoken chiefly in Hindi Belt, ...

India
,
Malaysia Malaysia ( ; ) is a country in Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia or SEA, is the geographical southeastern subregion of Asia, consisting of the regions ...

Malaysia
, 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 ...

Philippines
,
Singapore Singapore (), officially the Republic of Singapore, is a sovereign state, sovereign island 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, bor ...

Singapore
, 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 Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States
,
Vietnam Vietnam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,, group="n" is a country in Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia or SEA, is the ...

Vietnam
,
Yemen ) , image_map = Yemen on the globe (Yemen centered).svg , map_caption = , image_map2 = , capital = Sana'a Sanaa ( ar, صَنْعَاء, ' , Yemeni Arabic: ; Old South Arabian: 𐩮 ...

Yemen
, and
former Yugoslavia The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply Yugoslavia, was a socialist country in Southeast The points of the compass are the vectors by which planet A planet is an astronomical body ...
—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 The United Nations (UN) is an intergovernmenta ...

International Court of Justice
without their consent. Despite official protests from other signatories (notably
Cyprus Cyprus ; tr, Kıbrıs (), officially called the Republic of Cyprus,, , lit: Republic of Cyprus is an island country An island country or an island nation is a country A country is a distinct territory, territorial body or poli ...

Cyprus
and
Norway Norway, officially the Kingdom of Norway,Names in the official and recognised languages: Bokmål Bokmål (, ; literally "book tongue") is an official written standard for the Norwegian language Norwegian (Norwegian: ''norsk'') is a Nort ...

Norway
) 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. Suc ...
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 Kosovo, or ; sr-Cyrl, Косово officially the Republic of Kosovo,; sr, / is a partially recognised state in Southeast Europe Southeast Europe or Southeastern Europe () i ...
. 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 global war A world war is "a war War is an intense armed conflict between states State may refer to: Arts, entertainment, and media Literatur ...
, genocide has been illegal under
customary international law Customary international law is an aspect of international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nation A nation is a ...
as a
peremptory norm A peremptory norm (also called or ' ; Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through ...
, as well as under . 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 law of nations, is the set of rules, norms, and standards generally recognized as binding between nation A nation is a community A community is a social unitThe term "level of anal ...
s, such as
crimes against humanity Crimes against humanity are certain acts that are purposefully committed as part of a widespread or systematic policy, directed against civilians, in times of war War is an intense armed conflict between states State may refer to: Art ...
, 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 , 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 Republika Srpska ( sr-cyr, Република Српска, ) is one of the two of , the other being the . It is ...

Srebrenica
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 War is an intense armed conflict between State (polity), states, governments, Society, societies, ...
. 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 The United Nations (UN) is an intergovernmental organization that aims to maintain international peace and international security, secu ...
(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 The United Nations (UN) is an intergovernmenta ...

International Court of Justice
(ICJ), in the ''
Bosnian Genocide Case ''Bosnia and Herzegovina v Serbia and Montenegro''
007 The ''James Bond'' series focuses on a fictional British Secret Service agent created in 1953 by writer Ian Fleming Ian Lancaster Fleming (28 May 1908 – 12 August 1964) was a British writer, journalist and Naval Intelligence Divi ...
ICJ 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 J ...
'' 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 International courts are formed by treaties A treaty is a formal legally binding written agreement between actors in intern ...

European Court of Human Rights
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 Homogeneity and heterogeneity are concepts often used in the sciences ...
, 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 ( bs, Bosna / , ) is the north North is one of the four compass points The points of the compass are the vectors by which planet A planet is an astronomical body orbiting a star or Stellar evolution#Stellar remnants, stellar r ...

Bosnia
. 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 A prosecutor is a legal representative of the prosecution in states with either the common law In law, common law (also known ...
s and some convictions that were successfully challenged on appeal two men, and , have been found guilty of committing genocide, Zdravko Tolimir has been found guilty of committing genocide and conspiracy to commit genocide, and two others, Radislav Krstić 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 International courts are formed by treaties A treaty is a formal legally binding written agreement between actors in intern ...

European Court of Human Rights
. 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 (See List of Bosnian genocide prosecutions). Slobodan Milošević, 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 and Ratko Mladić 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 Trial of Ratko Mladić, 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 International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * International (Kevin Michael album), ''International'' (Kevin Michael album), 2011 * International (New Order album), '' ...
(ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the Rwandan genocide, 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 Akayesu, Jean-Paul Akayesu, began in 1997. In October 1998, Akayesu was sentenced to life imprisonment. Jean Kambanda, interim Prime Minister, pleaded guilty.


Extraordinary Chambers in the Courts of Cambodia (2003–present)

The Khmer Rouge, led by Pol Pot, Ta Mok and other leaders, organized the mass killing of ideologically suspect groups. The total number of victims is estimated at approximately 1.7 million Cambodians between 1975 and 1979, including deaths from slave labour.Cambodian Genocide Program
Yale University'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 Extraordinary Chambers in the Courts of Cambodia (ECCC) which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975–1979. The judges were sworn in early July 2006.Doyle, Kevin
"Putting the Khmer Rouge on Trial"
''Time (magazine), Time'', 26 July 2007
The genocide charges related to killings of Cambodia's Vietnamese Cambodians, Vietnamese and Cham people, Cham 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 was formally charged with a war crime and
crimes against humanity Crimes against humanity are certain acts that are purposefully committed as part of a widespread or systematic policy, directed against civilians, in times of war War is an intense armed conflict between states State may refer to: Art ...
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, 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, 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, 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, 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 have been suspended pending a health evaluation. 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 and the International Criminal Court, 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, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the United States Senate Committee on Foreign Relations, Senate Foreign Relations Committee. 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 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 People's Republic of China, China, 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 [in the UN Security Council Resolution 1593] have 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 An intergovernmental organization (IGO) is an organization composed primarily of sovereign states (referred to as ''member states''), or of other organizatio ...

International Criminal Court
(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 certain acts that are purposefully committed as part of a widespread or systematic policy, directed against civilians, in times of war War is an intense armed conflict between states State may refer to: Art ...
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 events. The preamble of the CPPCG states that "at all periods of history genocide has inflicted great losses on humanity." Historical revisionism (negationism), 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, while in Turkey referring to the
Armenian genocide The Armenian Genocide (Terminology of the Armenian Genocide, other names) was the systematic mass murder and ethnic cleansing of around 1 million ethnic Armenians from Asia Minor and adjoining regions by the Ottoman Empire and its ruling ...

Armenian genocide
, Greek genocide, and ''Sayfo'', and to the period of mass starvation during the Great Famine of Mount Lebanon affecting Maronites, as genocides may be prosecuted under Article 301 (Turkish Penal Code), Article 301. Historian William Rubinstein 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:


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 during which multiple papers on the subject were presented. In 1996 Gregory Stanton, the president of Genocide Watch, presented a briefing paper called "ten stages of genocide, The 8 Stages of Genocide" at the United States Department of State.Gregory Stanton
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 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, Authoritarianism, authoritarian 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 criticised genocide studies due to its "rather poor record of ending genocide".Moses, Dirk (22 December 2006)
"Why the Discipline of “Genocide Studies” Has Trouble Explaining How Genocides End?"
. Social Science Research Council.


See also

* Allport's Scale * Countervalue * Cultural genocide * Death squad * Democide * Gendercide * Genocide education * Mass atrocity crimes * Omnicide * Policide * Political cleansing of population * Religious cleansing * Utilitarian genocide


Research

* Center for the Study of Genocide and Human Rights * International Association of Genocide Scholars


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.


Books

* * Bloxham, Donald & Moses, A. Dirk [editors]: ''The Oxford Handbook of Genocide Studies.'' [Interdisciplinary Contributions about Past & Present Genocides]. Oxford University Press, second edition 2013. * * * * * * * * * * * * * Levene, Mark (2005). Genocide in the Age of the Nation State. New York, Palgrave Macmillan. * Lewy, Guenter (2012). ''Essays on Genocide and Humanitarian Intervention''. University of Utah Press. . * * * * * * * * * Schmid, A.P. (1991). Repression, State Terrorism, and Genocide: Conceptual Clarifications. State Organized Terror: The Case of Violent Internal Repression. P.T. Bushnell. Boulder, Colo.: Westview Press. 312 p. * * ''The roots of evil: The origins of genocide and other group violence''. New York: Cambridge University Press. * ''Overcoming Evil: Genocide, violent conflict and terrorism''. New York: Oxford University Press. * * *


External links


Documents

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Research institutes, advocacy groups, and other organizations

* * * * * * * * * * * * {{authority control Genocide, 1940s neologisms International criminal law Mass murder Racism