Wikia

Psychology Wiki

Changes: Genocide

Edit

Back to page

 
Line 1: Line 1:
{{existswp}}
+
{{SocPsy}}
  +
{{PsyPerspective}}
  +
'''Genocide''' is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.
  +
  +
[[Image:Buchenwald Slave Laborers Liberation.jpg|thumb|left|[[Buchenwald]] concentration camp]]
  +
While precise [[genocide definitions|definition varies among genocide scholars]], a [[legal]] definition is found in the 1948 [[United Nations]] [[Convention on the Prevention and Punishment of the Crime of Genocide]] (CPPCG). Article 2, of this convention defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a [[nation]]al, [[ethnicity|ethnical]]<!-- This is a quote. The original is 'ethnical'. See www.unhchr.ch/html/menu3/b/p_genoci.htm-->, [[Race (classification of human beings)|racial]] or [[religion|religious]] group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."<ref name=CPPCG>Office of the High Commissioner for Human Rights. ''[http://www.unhchr.ch/html/menu3/b/p_genoci.htm Convention on the Prevention and Punishment of the Crime of Genocide]'' <!--Retrieved 2008-10-22--></ref>
  +
  +
The preamble to the CPPCG states that instances of genocide have taken place throughout history,<ref name=CPPCG/> but it was not until [[Raphael Lemkin]] coined the term genocide and the prosecution of perpetrators of the [[Holocaust]] at the [[Nuremberg trials]] that the international community agreed to the CPPCG which defined the crime of genocide under international law.
  +
  +
There was a gap of more than forty years between the CPPCG coming into force and the first prosecution under the provision of the treaty. To date all international prosecutions of genocide, for the [[Rwandan Genocide]], the [[Srebrenica Genocide]], have been by ''[[ad hoc]]'' international [[tribunals]]. The [[International Criminal Court]] came into existence in 2002 and it has the authority to try people from the states that have signed the treaty, but to date it has not tried anyone.
  +
  +
Since the CPPCG came into effect in January 1951 about 80 member states of the United Nations have passed legislation that incorporates the provisions of the CPPCG into their municipal law, and some perpetrators of genocide have been found guilty under such municipal laws such as [[Nikola Jorgic]] who was found guilt of genocide by a German court (Jorgic v. Germany).
  +
  +
Critics of the CPPCG point to the narrow definition of the groups that are protected under the treaty, particularly the lack of protection for political groups for what has been termed [[politicide]]. One of the problems was that until there was a body of case law from prosecutions, the precise definition of what the treaty meant had not been tested in court. For example what precisely did the term "in part" mean? As more perpetrators have been tried under international tribunals and municipal court cases, a body of legal arguments and legal interpretations are helping to address these issues.
  +
  +
Another criticism of the CPPCG is that when it provisions have been invoked by the United Nations Security Council, they have only been invoked to punish those who have already committed genocide and been foolish enough to leave a paper trail. It was this criticism that lead to the adoption of [[UN Security Council Resolution 1674]] by the [[United Nations Security Council]] on 28 April 2006 commits the Council to action to protect civilians in armed conflict and to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.
  +
  +
Genocide scholars such [[Gregory Stanton]] have postulated that conditions and acts that often occur before, during, and after genocide— such as [[dehumanization]] of victim groups, strong organization of genocidal groups, and [[denial]] of genocide by its perpetrators— can be identified and actions taken to stop genocides before they happen. Critics of this approach such as Dirk Moses think that this is unrealistic and that for example "Darfur will end when it suits the great powers that have a stake in the region".
  +
  +
==Coining of the term genocide==
  +
The term "genocide" was coined by [[Raphael Lemkin]] (1900–1959), a [[Poles|Polish]]-[[Jew]]ish legal scholar, in 1943, firstly from the Latin "gens, gentis," meaning "tribe, clan, or race," or the [[Greek language|Greek]] root ''génos'' (γένος) (''family, tribe'' or ''race'' - ''gene''); secondly from [[Latin]] ''-cide'' (''occido''—to ''massacre'', ''kill'').
  +
  +
In Noah 1933, Lemkin prepared an essay entitled the ''Crime of Barbarity'' in which genocide was portrayed as a crime against international law. The concept of the crime, which later evolved into the idea of genocide, originated with the experience of the [[Assyrian people|Assyrians]]<ref name="Euro">[http://www.europaworld.org/issue40/raphaellemkin22601.htm Raphael Lemkin] - EuropeWorld, 22/6/2001</ref> [[Simele massacre|massacred]] in [[Iraq]] on 11 August 1933. To Lemkin, the event in Iraq evoked "memories of the [[Armenian genocide|slaughter of Armenians]]" during [[World War I]].<ref name="Euro" /> He presented his first proposal to outlaw such "acts of barbarism" to the Legal Council of the League of Nations in Madrid the same year. The proposal failed, and his work incurred the disapproval of the Polish government, which was at the time pursuing a policy of conciliation with [[Nazi Germany]].<ref name="Euro" />
  +
  +
In 1944,the [[Carnegie Endowment for International Peace]] published Lemkin's most important work, entitled ''Axis Rule in Occupied Europe'', in the United States. This book included an extensive legal analysis of German rule in countries occupied by Nazi Germany during the course of [[World War II]], along with the definition of the term ''genocide''.<ref>"By 'genocide', we mean the destruction of a nation or of an ethnic group." ''Axis Rule in Occupied Europe'', ix. 79. As quoted in the 3rd ''[[Oxford English Dictionary]]''.</ref> Lemkin's idea of genocide as an offense against international law was widely accepted by the international community and was one of the legal bases of the [[Nuremberg Trials]] (the [[Nuremberg Trials#The main trial|indictment of the 24 Nazi leaders]] specifies in Count 3 that the defendants "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups..."<ref>''[[Oxford English Dictionary]]'' "Genocide" citing ''Sunday Times'' 21 October 1945.</ref>) Lemkin presented a draft resolution for a Genocide Convention treaty to a number of countries in an effort to persuade them to sponsor the resolution. With the support of the United States, the resolution was placed before the General Assembly for consideration. Defining genocide in 1943, Lemkin wrote:
  +
  +
{{quotation|Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.<ref>Raphael Lemkin, [http://www.preventgenocide.org/lemkin/AxisRule1944-1.htm Axis Rule in Occupied Europe] (Wash., D.C.: Carnegie Endowment for International Peace, 1944), p. 79.</ref>}}
  +
  +
==Genocide as a crime==
  +
===Under international law===
  +
In the wake of [[the Holocaust]], Lemkin successfully campaigned for the universal acceptance of [[international law]]s defining and forbidding genocide. This was achieved in 1948, with the promulgation of the ''[[Convention on the Prevention and Punishment of the Crime of Genocide]]''.
  +
  +
The ''CPPCG'' was adopted by the [[United Nations 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 was incorporated into the national criminal legislation of many countries, and was also adopted by the [[Rome Statute of the International Criminal Court]], the treaty that established the [[International Criminal Court]] (ICC). The Convention (in article 2) defines genocide:
  +
  +
{{quotation|...any of the following acts committed with [[#Intent to destroy|intent to destroy]], [[Genocide#In part|in whole or in part]], a national, ethnical, racial or religious group, as such:
  +
:(a) Killing members of the group;
  +
:(b) Causing serious bodily or mental harm to members of the group;
  +
:(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
  +
:(d) Imposing measures intended to prevent births within the group;
  +
:(e) Forcibly transferring children of the group to another group.|Convention on the Prevention and Punishment of the Crime of Genocide, Article II}}
  +
  +
The first draft of the Convention included political killings, but the [[Soviet Union|USSR]]<ref>{{cite book |author=Robert Gellately & Ben Kiernan |title=The Specter of Genocide: Mass Murder in Historical Perspective |publisher=Cambridge University Press |location=Cambridge, UK |year=2003|isbn=0521527503 | pages= 267 |url=http://books.google.com/books?id=Ay76mYBLU3sC&pg=PA267&dq=where+Stalin+was+presumably+anxious+to+avoid+his+purges+being+subjected+to+genocidal+scrutiny&ei=spQHR_3wH4PupwLX9JCgDQ&ie=ISO-8859-1&sig=suohkDH9HmLiBxpySx1tf8bEOn8}} </ref> along with some other nations would not accept that actions against groups identified as holding similar political opinions or social status would constitute genocide, <ref>{{cite book |author=Staub, Ervin |title=The Roots of Evil: The Origins of Genocide and Other Group Violence |publisher=Cambridge University Press |location=Cambridge, UK |year= |pages= 8|isbn=0-521-42214-0 |url= http://books.google.com/books?id=29u-vt_KgGEC&pg=PA8&lpg=PA8&dq=genocide+political+economic+groups+soviet+union&source=web&ots=uDb44sHgNn&sig=p3cz359teRaU5hdnZD7bImddDP4#PPA8,M1}}]</ref> so these stipulations were subsequently removed in a political and diplomatic compromise.
  +
  +
{{quotation|
  +
The Convention was manifestly adopted for humanitarian and civilizing purposes. Its objectives are to safeguard the very existence of certain human groups and to affirm and emphasize the most elementary principles of humanity and morality. In view of the rights involved, the legal obligations to refrain from genocide are recognized as ''[[erga omnes]]''.
  +
</br></br>
  +
When the Convention was drafted, it was already envisaged that it would apply not only to then existing forms of genocide, but also "to any method that might be evolved in the future with a view to destroying the physical existence of a group".<ref>From a statement made by Mr. Morozov, representative of the Union of Soviet Socialist Republics, on 19 April 1948 during the debate in the Ad Hoc Committee on Genocide (E/AC.25/SR.12).</ref> As emphasized in the preamble to the Convention, genocide has marred all periods of history, and it is this very tragic recognition that gives the concept its historical evolutionary nature.
  +
</br></br>
  +
The Convention must be interpreted in good faith, in accordance with the ordinary meaning of its terms, in their context, and in the light of its object and purpose. Moreover, the text of the Convention should be interpreted in such a way that a reason and a meaning can be attributed to every word. No word or provision may be disregarded or treated as superfluous, unless this is absolutely necessary to give effect to the terms read as a whole.<ref>See Vienna Convention on the Law of Treaties, opened for signature on 23 May 1969, United Nations Treaty Series, vol. 1155, No. I-18232.</ref>
  +
</br></br>
  +
Genocide is a crime under international law regardless of "whether committed in time of peace or in time of war" (art. I). Thus, irrespective of the context in which it occurs (for example, peace time, internal strife, international armed conflict or whatever the general overall situation) genocide is a punishable international crime.
  +
|UN Commission of Experts that examined violations of international humanitarian law committed in the territory of the former Yugoslavia.<ref>[http://www.ess.uwe.ac.uk/comexpert/I-II.htm#I Mandate, structure and methods of work: Genocide I] of the [http://www.ess.uwe.ac.uk/comexpert/Intr.htm UN Commission of Experts] to examine violations of international humanitarian law committed in the territory of the former Yugoslavia, created by [[United Nations Security Council Resolution 780|Security Council resolution 780]] (1992) of 6 October 1992.</ref>}}
  +
  +
====Intent to destroy====
  +
  +
In 2007 the [[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 was necessary as the intent to destroy a national, racial, religious or ethnical group was enough to qualify as genocide.<ref>European Court of Human Rights [http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=1448788&skin=hudoc-en&action=html&table=F69A27FD8FB86142BF01C1166DEA398649&key=63590&highlight= Judgement in Jorgic v. Germany (Application no. 74613/01)] paragraphs 18, 36,74</ref>
  +
  +
In the same judgement the ECHR reviewed the judgements of several international and municipal courts judgements. It noted that [[International Criminal Tribunal for the Former Yugoslavia]] and the [[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 the 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]]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".<ref>European Court of Human Rights [http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=1448788&skin=hudoc-en&action=html&table=F69A27FD8FB86142BF01C1166DEA398649&key=63590&highlight= Judgement in Jorgic v. Germany (Application no. 74613/01)] paragraphs 43-46</ref>
  +
  +
====In part====
  +
  +
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law.<ref>[http://efchr.mcgill.ca/WhatIsGenocide_en.php?menu=2 What is Genocide?] McGill Faculty of Law ([[McGill University]])</ref> 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)''<ref>[http://www.worldlii.org/int/cases/ICTY/2001/8.html Prosecutor v. Radislav Krstic - Trial Chamber I - Judgment - IT-98-33 (2001) ICTY8 (2 August 2001)]</ref> that Genocide had been committed. In ''Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004)''<ref name=PvRKappel>[http://www.worldlii.org/int/cases/ICTY/2004/7.html Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004)]</ref> 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 [of the Tribunal's Statute]."<ref>[http://www.worldlii.org/int/cases/ICTY/2004/7.html Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004)] See Paragraph 6: "Article 4 of the Tribunal's Statute, like the Genocide Convention, covers certain acts done with "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such."</ref><ref>[http://www1.umn.edu/humanrts/icty/statute.html Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991], U.N. Doc. S/25704 at 36, annex (1993) and S/25704/Add.1 (1993), adopted by Security Council on 25 May 1993, U.N. Doc. S/RES/827 (1993).</ref>
  +
  +
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."<ref name=PvRKappel />
  +
  +
====CPPCG coming into force====
  +
After the minimum 20 countries became parties to the Convention, it came into force as international law on 12 January 1951. At that time however, only two of the five permanent members of the [[UN Security Council]] (UNSC) were parties to the treaty: [[France]] and the [[Republic of China]]. Eventually 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. This long delay in support for the Genocide Convention by the world's most powerful nations caused the Convention to languish for over four decades. Only in the 1990s did the international law on the crime of genocide begin to be enforced.
  +
  +
====Security Council responsibility to protect====
  +
[[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]] regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".<ref>[http://domino.un.org/UNISPAl.NSF/361eea1cc08301c485256cf600606959/e529762befa456f8852571610045ebef!OpenDocument Resolution 1674 (2006)]</ref> The [[United Nations Security Council Resolution|resolution]] commits the Council to action to protect civilians in armed conflict.
  +
  +
===Under municipal law===
  +
{{main|Genocide under municipal laws}}
  +
  +
Since the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) came into effect in January 1951 about 80 member states of the United Nations have passed legislation that incorporates the provisions of the CPPCG into their [[municipal law]].
  +
  +
==Criticisms of the CPPCG and other definitions of genocide==
  +
{{see also|Genocide definitions}}
  +
  +
Much debate about genocides revolves around the proper definition of the word "genocide." 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''<ref>M. Hassan Kakar ''[http://www.escholarship.org/editions/view?docId=ft7b69p12h&brand=eschol Afghanistan: The Soviet Invasion and the Afghan Response, 1979-1982] [[University of California]] press © 1995 The Regents of the University of California.</ref> argues that the international definition of genocide is too restricted,<ref>M. Hassan Kakar [http://www.escholarship.org/editions/view?docId=ft7b69p12h&chunk.id=d0e5195&toc.depth=1&toc.id=d0e5195&brand=eschol 4. The Story of Genocide in Afghanistan: 13. Genocide Throughout the Country]</ref> 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."<ref>Frank Chalk, Kurt Jonassohn ''The History and Sociology of Genocide: Analyses and Case Studies'', Yale University Press, 1990, ISBN 0-300-04446-1</ref> While there are various definitions of the term, Adam Jones states that the majority of genocide scholars consider that "intent to destroy" is a requirement for any act to be labelled genocide, and that there is growing agreement on the inclusion of the physical destruction criterion.<ref>Jones, Adam. ''[http://www.genocidetext.net/gaci_excerpts.htm Genocide: A Comprehensive Introduction]'', Routledge/Taylor & Francis Publishers, 2006. ISBN 0-415-35385-8. [http://www.genocidetext.net/gaci_origins.pdf Chapter 1: The Origins of Genocide] pp.20-21</ref>
  +
  +
Barbara Harff and Ted 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 ...[when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality."<ref>[http://efchr.mcgill.ca/WhatIsGenocide_en.php?menu=2 What is Genocide?] McGill Faculty of Law ([[McGill University]]) source cites Barbara Harff and Ted Gurr ''Toward empirical theory of genocides and politicides,'' International Studies Quarterly, 37:3, 1988</ref> Harff and Gurr also differentiate between genocides and [[politicide]]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.<ref name=HG-2>[http://science.jrank.org/pages/9496/Genocide-Origins-Evolution-Concept.html Origins and Evolution of the Concept] in the Science Encyclopedia by Net Industries. states "Politicide, as [Barbara] Harff and [Ted R.] 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.</ref><ref>Staff. ''[http://www.apfn.org/apfn/genocide.htm There are NO Statutes of Limitations on the Crimes of Genocide!]'' On the website of the American Patriot Friends Network. Cites Barbara Harff and Ted Gurr "Toward empirical theory of genocides and politicides," International Studies Quarterly 37, 3 [1988].</ref> Daniel D. Polsby and Don B. Kates, Jr. state that "... we follow Harff's distinction between genocides and '[[pogrom]]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."<ref>Daniel D. Polsby and Don B. Kates, Jr. ''[http://law.wustl.edu/WULQ/75-3/753-4.html#fn1 of Holocaust and gun control]{{Dead link|date=September 2008}}'', [[Washington University]] Law Quarterly 1997, (Cite as 75 Wash. U. L.Q. 1237). Article cites Citing Barbara Harff, ''Recognizing Genocides and Politicides'', in GENOCIDE WATCH 27 (Helen Fein ed., 1992) pp.37,38 </ref>
  +
  +
According to [[R. J. Rummel]], genocide has 3 different meanings. The ordinary meaning is murder by 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''. 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]] for the third meaning.<ref>[http://www.hawaii.edu/powerkills/GENOCIDE.HTM Domocide versus genocide; which is what?]</ref>
  +
  +
A major criticism of the international community's response to the Rwandan Genocide was that it was reactive, not proactive. The international community has developed a mechanism for prosecuting the perpetrators of genocide but has not developed the will or the mechanisms for intervening in a genocide as it happens. Critics point to the [[Darfur conflict]] and suggest that if anyone is found guilty of genocide after the conflict either by prosecutions brought in the International Criminal Court or in an ''ad hoc'' International Criminal Tribunal, this will confirm this perception.{{Fact|date=February 2007}}
  +
  +
==International prosecution of genocide==
  +
===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 &mdash; namely, [[Bahrain]], [[Bangladesh]], [[India]], [[Malaysia]], the [[Philippines]], [[Singapore]], the [[United States]], [[Vietnam]], [[Yemen]], and [[Yugoslavia]] &mdash; signed with the proviso that no claim of genocide could be brought against them at the [[International Court of Justice]] without their consent.<ref>[http://www.unhchr.ch/html/menu3/b/treaty1gen.htm United Nations Treaty Collection (As of 9 October 2001): Convention on the Prevention and Punishment of the Crime of Genocide] on the web site of the [http://www.ohchr.org/english/ Office of the United Nations High Commissioner for Human Rights]</ref> Despite official protests from other signatories (notably [[Cyprus]] and [[Norway]]) on the ethics and legal standing of these reservations, the [[immunity (legal)|immunity]] from prosecution 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 [[Yugoslavia]] following the 1999 [[Kosovo War]].<ref>[http://www.ess.uwe.ac.uk/Kosovo/Kosovo-International_Law10.htm (See for example the submission by Agent of the United States, Mr. David Andrews to the ICJ Public Sitting, 11 May 1999])</ref>
  +
  +
It is commonly accepted that, at least since [[World War II]], genocide has been illegal under [[custom (law)|customary international law]] as a [[peremptory norm]], as well as under [[treaty|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 Trials====
  +
{{main|Nuremberg Trials}}
  +
  +
Because the universal acceptance of [[international law]]s, defining and forbidding genocide was achieved in 1948, with the promulgation of the ''Convention on the Prevention and Punishment of the Crime of Genocide'' (CPPCG), those criminals who were prosecuted after the war in international courts, for taking part in [[the Holocaust]] were found guilty of [[crimes against humanity]] and other more specific crimes like murder. Nevertheless the Holocaust is universally recognized to have been a genocide and the term, that had been coined the year before by [[Raphael Lemkin]],<ref>[[Oxford English Dictionary]]: 1944 R. Lemkin ''Axis Rule in Occupied Europe'' ix. 79 "By 'genocide' we mean the destruction of a nation or of an ethnic group." </ref> appeared in the [[Nuremberg Trials#The main trial|indictment of the 24 Nazi leaders]], Count 3, stated that all the defendants had "conducted deliberate and systematic genocide – namely, the extermination of racial and national groups..."<ref>[[Oxford English Dictionary]] "Genocide" citing Sunday Times 21 October 1945</ref>
  +
  +
====Rwanda====
  +
{{main|Rwandan Genocide}}
  +
  +
The [[International Criminal Tribunal for Rwanda]] ('''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 five accused persons. Another twenty five persons are still on trial. Nineteen are awaiting trial in detention. Ten are still at large. The first trial, of [[Jean Akayesu|Jean-Paul Akayesu]], began in 1997. [[Jean Kambanda]], interim Prime Minister, pleaded guilty.<ref>These figures need revising they are from the [[ICTR]] page which says see [http://www.ictr.org/ www.ictr.org]</ref>
  +
  +
====Former Yugoslavia====
  +
{{main|Bosnian Genocide|List of Bosnian genocide prosecutions}}
  +
  +
The term '''Bosnian Genocide''' is used to refer either to [[Srebrenica massacre|the genocide]] committed by Serb forces in [[Srebrenica]] in 1995,<ref>Staff. ''[http://news.bbc.co.uk/1/hi/world/europe/1907122.stm Bosnian genocide suspect extradited]'', [[BBC]], 2 April 2002</ref> or to [[ethnic cleansing]] that took place during the 1992-1995 [[war in Bosnia and Herzegovina|Bosnian War]] (an interpretation rejected by a majority of scholars).<ref>[http://www.echr.coe.int/echr/ European Court of Human Rights] - [http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=1448788&skin=hudoc-en&action=html&table=F69A27FD8FB86142BF01C1166DEA398649&key=63590&highlight= Jorgic v. Germany Judgment], 12 July 2007. § 47</ref>
  +
  +
In 2001 the [[International Criminal Tribunal for the Former Yugoslavia]] (ICTY) judged that the 1995 [[Srebrenica massacre]] was an act of genocide.<ref>The [[International Criminal Tribunal for the Former Yugoslavia]] found in [http://www.worldlii.org/int/cases/ICTY/2001/8.html Prosecutor v. Radislav Krstic - Trial Chamber I - Judgment - IT-98-33 (2001) ICTY8 (2 August 2001)] that genocide had been committed. (see paragraph 560 for name of group in English on whom the genocide was committed). It was upheld in ''[http://www.worldlii.org/int/cases/ICTY/2004/7.html Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004)]''</ref>
  +
  +
On 26 February 2007 the [[International Court of Justice]] (ICJ), in the ''[[Bosnian Genocide Case]]'' upheld the ICTY's earlier finding that the Srebrenica massacre 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.<ref>{{cite web|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/02/26/international/i033600S38.DTL&type=politics|title=Courte: Serbia failed to prevent genocide, UN court rules|date=2007-02-26|publisher=[[Associated Press]]}}</ref>
  +
  +
On 12 July 2007, [[European Court of Human Rights]] when dismissing the appeal by [[Nikola Jorgic]] 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.<ref>ECHR Jorgic v. Germany. § 42 citing Prosecutor v. Krstic, IT-98-33-T, judgment of 2 August 2001, §§ 580</ref><ref>ECHR ''Jorgic v. Germany Judgment'', 12 July 2007. § 44 citing Prosecutor v. Kupreskic and Others (IT-95-16-T, judgment of 14 January 2000), § 751. In 14 January 2000 the ICTY ruled in the [[Prosecutor v. Kupreskic and Others]] case that the killing of 116 Muslims in order to expel the Muslim population from a village, was persecution, not of genocide.</ref><ref>[http://www.icj-cij.org/presscom/index.php?pr=1897&pt=1&p1=6&p2=1 ICJ press release 2007/8] 26 February 2007</ref> The ECHR also noted that in the [[21 century]] "Amongst scholars, the majority have taken the view that ethnic cleansing, 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"<ref>ECHR ''Jorgic v. Germany Judgment'', 12 July 2007. § 47</ref>
  +
  +
About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in [[Bosnia and Herzegovina|Bosnia]]. To date after several [[plea bargain]]s and some convictions that were successfully challenged on appeal only [[Radislav Krstic]] had been found guilty of complicity in genocide in an international court. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom [[Nikola Jorgic]] lost an appeal against his conviction in the [[European Court of Human Rights]]. Several former members of the Bosnian Serb security forces are currently on trial in Bosnia and Herzegovina indited on several charges including genocide.
  +
  +
[[Slobodan Milosevic]], as the former President of Serbia and of Yugoslavia he was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was as 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 [[Radovan Karadzic]] and [[Ratko Mladic]] on several charges including genocide. On 21 July 2008 Karadzic was arrested in Belgrade, and he is currently in The Hague prison awaiting trial. Ratko Mladic is still at large.
  +
  +
===By the International Criminal Court===
  +
  +
To date all international prosecutions for genocide have been brought in specially convened international tribunals. 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.<ref>{{PDFlink|[http://www.amicc.org/docs/U.S.%20statement%20on%20ICC%20draft%20resolution_23Nov051.pdf Statement by Carolyn Willson, Minister Counselor for International Legal Affairs, on the Report of the ICC, in the UN General Assembly]|123&nbsp;KB}} 23 November 2005</ref>
  +
  +
====Darfur, Sudan====
  +
{{main|War in Darfur}}
  +
  +
The on-going 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]].<ref>[http://www.pbs.org/newshour/updates/sudan_09-09-04.html POWELL DECLARES KILLING IN DARFUR 'GENOCIDE'], [[The NewsHour with Jim Lehrer]], Sep. 9, 2004</ref> Since that time however, no other permanent member of the UN Security Council has followed suit. 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 the Sudan has not pursued a policy of genocide."<ref name=un-org-January-25-2005>{{PDFlink|[http://www.un.org/News/dh/sudan/com_inq_darfur.pdf Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General]|1.14&nbsp;MB}}, 25 January 2005, at 4</ref> 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."<ref name=un-org-January-25-2005/>
  +
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.<ref>{{PDFlink|[http://www.icc-cpi.int/library/cases/N0529273.darfureferral.eng.pdf Security Council Resolution 1593 (2005)]|24.8&nbsp;KB}}</ref> 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.<ref>[http://www.un.org/News/Press/docs/2005/sc8351.doc.htm SECURITY COUNCIL REFERS SITUATION IN DARFUR, SUDAN, TO PROSECUTOR OF INTERNATIONAL CRIMINAL COURT], UN Press Release SC/8351, Mar. 31, 2005</ref> 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.<ref>{{PDFlink|[http://www.icc-cpi.int/library/organs/otp/OTP_ReportUNSC4-Darfur_English.pdf Fourth Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005)]|597&nbsp;KB}}, Office of the Prosecutor of the International Criminal Court, Dec. 14, 2006.</ref>
  +
  +
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.<ref>[http://www.icc-cpi.int/library/organs/otp/ICC-OTP-ST20080605-ENG.pdf Statement by Mr. Luis Moreno Ocampo, Prosecutor of the International Criminal Court, to the United Nations Security Council pursuant to UNSCR 1593 (2005)], [http://www.icc-cpi.int/ International Criminal Court], 5 June 2008</ref>
  +
  +
On 14 July 2008, prosecutors at the [[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]] and two of murder. The ICC's prosecutors have claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity. The ICC's prosecutor for Darfur, [[Luis Moreno-Ocampo]], is expected within months to ask a panel of ICC judges to issue an arrest warrant for al-Bashir.<ref name=Guardian-2008-jul-14>{{cite web |first= Peter |last=Walker|url=http://www.guardian.co.uk/world/2008/jul/14/sudan.warcrimes1?gusrc=rss&feed=worldnews |title=Darfur genocide charges for Sudanese president Omar al-Bashir |accessdate=2008-07-15 |publisher=[[The Guardian]] |date=2008-07-14 }}</ref>
  +
  +
==Genocide in history==
  +
{{main|Genocides in history}}
  +
The preamble to the [[CPPCG]] not only states that "genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world", but that "at all periods of history genocide has inflicted great losses on humanity".
  +
  +
Determining which historical events constitute genocide and which are merely criminal or inhuman behavior is not a clear-cut matter. Furthermore, in nearly every case where accusations of genocide have circulated, partisans of various sides have fiercely disputed the interpretation and details of the event, often to the point of promoting wildly different versions of the facts. An accusation of genocide is certainly not taken lightly and will almost always be controversial. [[Historical revisionism (negationism)|Revisionist attempts]] to deny or challenge genocides (mainly the Holocaust) are, in some countries, illegal.
  +
  +
==Stages of genocide and efforts to prevent it==
  +
  +
{{quotation|For genocide to happen, there must be certain preconditions. Foremost among them is a national culture that does not place a high value on human life. A totalitarian society, with its assumed superior ideology, is also a precondition for genocidal acts.<ref> M. Hassan Kakar [[#Rererences|References]] Chapter [http://www.escholarship.org/editions/view?docId=ft7b69p12h&chunk.id=d0e5195&toc.depth=1&toc.id=d0e5195&brand=eschol 4. The Story of Genocide in Afghanistan] Footnote 9. Citing Horowitz, quoted in Chalk and Jonassohn, Genocide, 14.</ref> In addition, members of the dominant society must perceive their potential victims as less than fully human: as “pagans,” “savages,” “uncouth barbarians,” “unbelievers,” “effete degenerates,” “ritual outlaws,” “racial inferiors,” “class antagonists,” “counterrevolutionaries,” and so on.<ref> M. Hassan Kakar [[#Rererences|References]] Chapter [http://www.escholarship.org/editions/view?docId=ft7b69p12h&chunk.id=d0e5195&toc.depth=1&toc.id=d0e5195&brand=eschol 4. The Story of Genocide in Afghanistan] Footnote 10. Citing For details, see Carlton, ''War and Ideology.''</ref> In themselves, these conditions are not enough for the perpetrators to commit genocide. To do that—that is, to commit genocide—the perpetrators need a strong, centralized authority and bureaucratic organization as well as pathological individuals and criminals. Also required is a campaign of vilification and dehumanization of the victims by the perpetrators, who are usually new states or new regimes attempting to impose conformity to a new ideology and its model of society.<ref> M. Hassan Kakar [[#Rererences|References]] Chapter [http://www.escholarship.org/editions/view?docId=ft7b69p12h&chunk.id=d0e5195&toc.depth=1&toc.id=d0e5195&brand=eschol 4. The Story of Genocide in Afghanistan] Footnote 11. Citing Horowitz, quoted in Chalk and Jonassohn, Genocide, 13.</ref>|M. Hassan Kakar<ref>M. Hassan Kakar ,''[http://www.escholarship.org/editions/view?docId=ft7b69p12h&brand=eschol Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982]'', [[University of California]] Press, 1995.</ref>
  +
}}
  +
  +
In 1996 [[Gregory Stanton]] the president of [[Genocide Watch]] presented a briefing paper called "The 8 Stages of Genocide" at the [[United States Department of State]].<ref name=GSGW-1996>[[Gregory Stanton]]. [http://www.genocidewatch.org/8stages.htm The 8 Stages of Genocide], [[Genocide Watch]], 1996</ref> In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".<ref name=GSGW-1996/><ref>The [[FBI]] has found somewhat similar stages for [[Hate groups#Psychopathology of hate groups|hate groups]].</ref>
  +
  +
The Stanton paper was presented at the State Department, shortly after the Rwanda genocide and much of the analysis is based on why that genocide occurred. The preventative measures suggested, given the original target audience, were those that the United States could implement directly or use their influence on other governments to have implemented.
  +
  +
{| class="wikitable"
  +
! Stage
  +
! Characteristics
  +
! Preventive measures
  +
|-
  +
! 1.<br>Classification
  +
| People are divided into "us and them".
  +
| "The main preventive measure at this early stage is to develop universalistic institutions that [[Racial integration|transcend]]... divisions."
  +
|-
  +
! 2.<br>Symbolization
  +
| "When combined with hatred, symbols may be forced upon unwilling members of [[pariah]] groups..."
  +
| "To combat symbolization, hate symbols can be legally forbidden as can [[hate speech]]".
  +
|-
  +
! 3.<br>Dehumanization
  +
| "One group denies the humanity of the other group. Members of it are equated with animals, vermin, insects or diseases."
  +
| "Local and international leaders should condemn the use of hate speech and make it culturally unacceptable. Leaders who incite genocide should be banned from international travel and have their foreign finances frozen."
  +
|-
  +
! 4.<br>Organization
  +
| "Genocide is always organized... Special army units or [[militia]]s are often trained and armed..."
  +
| "The U.N. should impose arms embargoes on governments and citizens of countries involved in genocidal massacres, and create commissions to investigate violations"
  +
|-
  +
! 5.<br>Polarization
  +
| "Hate groups broadcast polarizing [[propaganda]]..."
  +
| "Prevention may mean security protection for moderate leaders or assistance to [[human rights]] groups...Coups d’état by extremists should be opposed by international sanctions."
  +
|-
  +
! 6.<br>Preparation
  +
| "Victims are identified and separated out because of their ethnic or religious identity..."
  +
| "At this stage, a Genocide Emergency must be declared. ..."
  +
|-
  +
! 7.<br>Extermination
  +
| "It is "extermination" to the killers because they do not believe their victims to be fully human."
  +
| "At this stage, only rapid and overwhelming armed intervention can stop genocide. Real safe areas or refugee escape corridors should be established with heavily armed international protection."
  +
|-
  +
! 8.<br>[[Genocide denial|Denial]]
  +
| "The perpetrators... deny that they committed any crimes..."
  +
| "The response to denial is punishment by an international tribunal or national courts."
  +
|}
  +
  +
In a paper for the [[Social Science Research Council]] Dirk Moses criticises Stanton approach concluding:
  +
{{quotation|In view of this rather poor record of ending genocide, the question needs to be asked why the "genocide studies" paradigm cannot predict and prevent genocides with any accuracy and reliability. The paradigm of "genocide studies," as currently constituted in North America in particular, has both strengths and limitations. While the moral fervor and public activism is admirable and salutary, the paradigm appears blind to its own implication in imperial projects that are themselves as much part of the problem as they are part of the solution. The US government called Darfur a genocide to appease domestic lobbies, and because the statement cost it nothing. Darfur will end when it suits the great powers that have a stake in the region.|Dirk Moses<ref>Dirk Moses [http://howgenocidesend.ssrc.org/Moses/ Why the Discipline of "Genocide Studies" Has Trouble Explaining How Genocides End?], [[Social Science Research Council]], 22 December 2006</ref>}}
  +
  +
==See also==
  +
*[[Autogenocide]]
  +
*[[Crime against humanity]]
  +
*[[Cultural genocide]]
  +
*[[Customary international law]]
  +
*[[Democide]]
  +
*[[Ethnic cleansing]]
  +
*[[Ethnocide]]
  +
*[[Fondation Chirezi]]
  +
*[[Gendercide]]
  +
*[[Genocide Convention]]
  +
*[[Genocide denial]]
  +
*[[Genocides in history]]
  +
*[[Historical revisionism (negationism)]]
  +
*[[Holocaust]]
  +
*[[International Association of Genocide Scholars]]
  +
*[[Midian War]]
  +
*[[Minority Rights Group International]]
  +
*[[Nazi eugenics]]
  +
*[[Policide]]
  +
*[[Ten Threats]] identified by the [[UN]]
  +
*[[Universal jurisdiction]]
  +
*[[Völkerstrafgesetzbuch]]
  +
*[[War crime]]
  +
*[[The Specific Intent to Commit Genocide]]
  +
  +
==Footnotes==
  +
{{Reflist|2}}
  +
  +
==References==
  +
*Kakar, M. Hassan. ''[http://www.escholarship.org/editions/view?docId=ft7b69p12h&brand=eschol Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982]''. Berkeley: [[University of California]] Press, 1995. ISBN 0520085914.
  +
  +
==Further reading==
  +
;Books
  +
* Frank Chalk and Kurt Jonassohn, <cite>The History and Sociology of Genocide: Analyses and Case Studies</cite>, Yale University Press, 1990
  +
* [[Israel W. Charny]], <cite>Encyclopedia of Genocide</cite>, ABC-Clio Inc, 720 pages, ISBN 0-87436-928-2 (1 December 1999)
  +
* Daniele Conversi, 'Genocide, ethnic cleansing, and nationalism', in Gerard Delanty and Krishan Kumar (eds) ''Handbook of Nations and Nationalism''. London: Sage Publications, 2005, vol. 1, pp. 319-333
  +
* Barbara Harff, <cite>Early Warning of Communal Conflict and Genocide: Linking Empirical Research to International Responses</cite>, Westview Press, August 2003, paperback, 256 pages, ISBN 0-8133-9840-1
  +
* Michael J. Kelly, ''Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide & the Trials of Slobodan Milosevic and Saddam Hussein'' (Peter Lang 2005)
  +
* Alexander Laban. ''Genocide: An Anthropological Reader'', Blackwell Publishing 2002 ISBN 063122355X
  +
* [[Catharine A. MacKinnon]] <cite>Are Women Human?: And Other International Dialogues<cite>, The Belknap Press of Harvard University Press, 2006
  +
* [[Samantha Power|Powers, Samantha]], <cite>"A Problem from Hell": America and the Age of Genocide</cite> Harper Perennial (2003) paperback, 656 pages ISBN 0-06-054164-4
  +
*Rosenfeld, Gavriel D. ''[http://hgs.oxfordjournals.org/cgi/content/abstract/13/1/28 The Politics of Uniqueness: Reflections on the Recent Polemical Turn in Holocaust and Genocide Scholarship]'' [[Holocaust and Genocide Studies]] 1999 13(1):28-61; doi:10.1093/hgs/13.1.28
  +
* [[R.J. Rummel]]. <cite>''[http://www.hawaii.edu/powerkills/NOTE1.HTM Death by Government]''.</cite> [[Transaction Publishers]], 496 pages, ISBN 1-56000-927-6 (March 1997)
  +
* Martin Shaw, What is Genocide? Cambridge: Polity Press, 2007.
  +
* [[Lyal Sunga|Lyal S. Sunga]], <cite>The Emerging System of International Criminal Law: Developments in Codification and Implementation </cite>, Kluwer (1997) 508 p. (ISBN 90-411-0472-0)
  +
* [[Lyal Sunga|Lyal S. Sunga]], <cite>Individual Responsibility in International Law for Serious Human Rights Violations, Nijhoff </cite>(1992) 252 p. (ISBN 0-7923-1453-0)
  +
* Samuel Totten, [[William S. Parsons]], and [[Israel W. Charny]], <cite> Century of Genocide: Critical Essays and Eyewitness Accounts, 2nd edition</cite>, Routledge, 2004
  +
* Benjamin A. Valentino. <cite>''Final Solutions: Mass Killing and Genocide in the 20th Century.''</cite> [[Cornell University Press]], 2004. ISBN 0801439655
  +
  +
* {{PDFlink|{{cite web |url=http://www.minorityrights.org/admin/Download/pdf/MRGGenocideReport.pdf |title= Preventing Genocide and Mass Killing: The Challenge for the United Nations |archiveurl=http://web.archive.org/web/20070703100816/http://www.minorityrights.org/admin/Download/pdf/MRGGenocideReport.pdf |archivedate=2007-07-03}}|366&nbsp;KB}}, report by Minority Rights Group International, 2006
  +
  +
;Overviews
  +
*{{cite web |url=http://www.aegistrust.org/ |title= Aegis Trust (genocide prevention trust) |archiveurl=http://web.archive.org/web/20070404004937/http://www.aegistrust.org/ |archivedate=2007-04-04}} An independent international organisation dedicated to eliminating genocide
  +
*[http://news.bbc.co.uk/1/hi/world/europe/1701562.stm BBC on defining genocide]
  +
*[http://www.ushmm.org/conscience/ Committee on Conscience of the United States Holocaust Memorial Museum]; Responding to Threats of Genocide
  +
*[http://www.law-ref.org/GENOCIDE/index.html Convention on the Prevention and Punishment of the Crime of Genocide at Law-Ref.org] - fully indexed and crosslinked with other documents
  +
*[http://www.warcrimes.info/ Documents and Resources on War, War Crimes and Genocide]
  +
*[http://www.facinghistory.org/ Facing History and Ourselves]
  +
*[http://www.genocideintervention.net/ Genocide Intervention Network]
  +
*[http://www.genocidewatch.org/eightstages.htm Genocide Watch] stages of genocide
  +
*[http://www.isg-iags.org/ Institute for the Study of Genocide/International Association of Genocide Scholars]
  +
*[http://www.neveragaininternational.org/ Never Again] International youth genocide prevention organization; organized the 2004 Rwanda Forum at the Imperial War Museum in London.
  +
*[http://www.neveragaininternational.org/wiki/ Never Again Wiki]
  +
*[http://us.oneworld.net/section/us/perspectives/8/genocide OneWorld Perspectives Magazine: Preventing Genocide (April/May 2006)]- global human rights and development network looks at genocide from a variety of perspectives
  +
*Staff, ''[http://www.preventgenocide.org/law/domestic/ The Crime of Genocide in Domestic Laws and Penal Codes]'', [http://www.preventgenocide.org/aboutus/ Prevent Genocide International]
  +
*[http://www.bl.uk/learning/histcitizen/voices/holocaust.html Voices of the Holocaust] - a learning resource at the British Library
  +
*[http://www.scaruffi.com/politics/dictat.html Worst Genocides of the 20th Century] - a list of the some of the worst genocides in the 20th century. Listing from the most amount of victims to the least amount.
  +
*[http://ecccreparations.blogspot.com/ Test of Genocide in Cambodia and Reparations for the Khmer Rouge (Democratic Kampuchea) period (Court Monitoring and Analysis)]
  +
*[http://netnebraska.org/extras/humanrights/02gen/0200/0200_01.htm Genocide & Crimes Against Humanity] - a learning resource, highlighting the cases of Myanmar, Bosnia, the DRC, and Darfur
  +
*[http://www.preventgenocide.org/prevent/UNdocs/whitaker/ Whitaker Report]
  +
  +
;Resources
  +
* [http://www.unrefugees.org/ USA for UNHCR Web site]
  +
* [http://warcrimes.tv/ War Crimes TV Videos and Communities against War Crimes and Genocide]
  +
  +
;Research Programs
  +
* [http://www.genocidecentre.dept.shef.ac.uk/ Centre for the Study of Genocide and Mass Violence, Sheffield, United Kingdom]
  +
* [http://www.chgs.nl/ Center for Holocaust and Genocide Studies, Amsterdam, the Netherlands]
  +
* [http://www.chgs.umn.edu/ Center for Holocaust and Genocide Studies, University of Minnesota]
  +
* [http://www.yale.edu/gsp/ Genocide Studies Program, Yale University]
  +
* [http://www.bsos.umd.edu/gvpt/davenport/genodynamics/index.htm GenoDynamics: Understanding Genocide Through Time and Space] by Christian Davenport (University of Maryland) and Allan Stam (Dartmouth University)
  +
* [http://migs.concordia.ca/ Montreal Institute for Genocide Studies, Concordia University]
  +
* [http://www.cidcm.umd.edu/mar/ Minorities at Risk project at the University of Maryland]
  +
* [http://www.inforce.org.uk/ The Inforce Foundation (International Forensic Centre of Excellence), UK]
  +
  +
{{International Criminal Law}}
  +
{{Racism topics|state=collapsed}}
  +
  +
{{DEFAULTSORT:}}
  +
[[Category:Crimes]]
  +
[[Category:International criminal law]]
  +
[[Category:Genocide|*]]
  +
[[Category:Population]]
  +
[[Category:Homicide]]
  +
  +
<!--
  +
[[ang:Folcmorðor]]
  +
[[ar:إبادة جماعية]]
  +
[[be:Генацыд]]
  +
[[bs:Genocid]]
  +
[[br:Gouennlazh]]
  +
[[bg:Геноцид]]
  +
[[ca:Genocidi]]
  +
[[cs:Genocida]]
  +
[[cy:Hil-laddiad]]
  +
[[da:Folkedrab]]
  +
[[de:Völkermord]]
  +
[[et:Genotsiid]]
  +
[[el:Γενοκτονία]]
  +
[[es:Genocidio]]
  +
[[eo:Genocido]]
  +
[[eu:Genozidio]]
  +
[[fa:نسل‌کشی]]
  +
[[fr:Génocide]]
  +
[[ga:Cinedhíothú]]
  +
[[gd:Sgrios-cinnidh]]
  +
[[gl:Xenocidio]]
  +
[[ko:학살]]
  +
[[hy:Ցեղասպանություն]]
  +
[[hr:Genocid]]
  +
[[id:Genosida]]
  +
[[it:Genocidio]]
  +
[[he:רצח עם]]
  +
[[ka:გენოციდი]]
  +
[[la:Generis occidio]]
  +
[[lt:Genocidas]]
  +
[[hu:Népirtás]]
  +
[[ms:Pembasmian kaum]]
  +
[[nl:Genocide]]
  +
[[ja:ジェノサイド]]
  +
[[no:Folkemord]]
  +
[[nn:Folkemord]]
  +
[[oc:Genocidi]]
  +
[[pl:Ludobójstwo]]
  +
[[pt:Genocídio]]
  +
[[ro:Genocid]]
  +
[[ru:Геноцид]]
  +
[[sq:Gjenocidi]]
  +
[[si:වර්ග සංහාරය]]
  +
[[simple:Genocide]]
  +
[[sk:Genocída (právo)]]
  +
[[sl:Genocid]]
  +
[[sr:Геноцид]]
  +
[[sh:Genocid]]
  +
[[fi:Kansanmurha]]
  +
[[sv:Folkmord]]
  +
[[th:พันธุฆาต]]
  +
[[tr:Soykırım]]
  +
[[uk:Геноцид]]
  +
[[wa:Djenocide]]
  +
[[zh:种族灭绝]]
  +
-->
  +
  +
{{enWP|Genocide}}

Revision as of 22:51, December 6, 2008

Assessment | Biopsychology | Comparative | Cognitive | Developmental | Language | Individual differences | Personality | Philosophy | Social |
Methods | Statistics | Clinical | Educational | Industrial | Professional items | World psychology |

Social psychology: Altruism · Attribution · Attitudes · Conformity · Discrimination · Groups · Interpersonal relations · Obedience · Prejudice · Norms · Perception · Index · Outline


This article needs rewriting to enhance its relevance to psychologists..
Please help to improve this page yourself if you can..


Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.

File:Buchenwald Slave Laborers Liberation.jpg

While precise definition varies among genocide scholars, a legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Article 2, of this convention defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."[1]

The preamble to the CPPCG states that instances of genocide have taken place throughout history,[1] but it was not until Raphael Lemkin coined the term genocide and the prosecution of perpetrators of the Holocaust at the Nuremberg trials that the international community agreed to the CPPCG which defined the crime of genocide under international law.

There was a gap of more than forty years between the CPPCG coming into force and the first prosecution under the provision of the treaty. To date all international prosecutions of genocide, for the Rwandan Genocide, the Srebrenica Genocide, have been by ad hoc international tribunals. The International Criminal Court came into existence in 2002 and it has the authority to try people from the states that have signed the treaty, but to date it has not tried anyone.

Since the CPPCG came into effect in January 1951 about 80 member states of the United Nations have passed legislation that incorporates the provisions of the CPPCG into their municipal law, and some perpetrators of genocide have been found guilty under such municipal laws such as Nikola Jorgic who was found guilt of genocide by a German court (Jorgic v. Germany).

Critics of the CPPCG point to the narrow definition of the groups that are protected under the treaty, particularly the lack of protection for political groups for what has been termed politicide. One of the problems was that until there was a body of case law from prosecutions, the precise definition of what the treaty meant had not been tested in court. For example what precisely did the term "in part" mean? As more perpetrators have been tried under international tribunals and municipal court cases, a body of legal arguments and legal interpretations are helping to address these issues.

Another criticism of the CPPCG is that when it provisions have been invoked by the United Nations Security Council, they have only been invoked to punish those who have already committed genocide and been foolish enough to leave a paper trail. It was this criticism that lead to the adoption of UN Security Council Resolution 1674 by the United Nations Security Council on 28 April 2006 commits the Council to action to protect civilians in armed conflict and to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.

Genocide scholars such Gregory Stanton have postulated that conditions and acts that often occur before, during, and after genocide— such as dehumanization of victim groups, strong organization of genocidal groups, and denial of genocide by its perpetrators— can be identified and actions taken to stop genocides before they happen. Critics of this approach such as Dirk Moses think that this is unrealistic and that for example "Darfur will end when it suits the great powers that have a stake in the region".

Coining of the term genocide

The term "genocide" was coined by Raphael Lemkin (1900–1959), a Polish-Jewish legal scholar, in 1943, firstly from the Latin "gens, gentis," meaning "tribe, clan, or race," or the Greek root génos (γένος) (family, tribe or race - gene); secondly from Latin -cide (occido—to massacre, kill).

In Noah 1933, Lemkin prepared an essay entitled the Crime of Barbarity in which genocide was portrayed as a crime against international law. The concept of the crime, which later evolved into the idea of genocide, originated with the experience of the Assyrians[2] massacred in Iraq on 11 August 1933. To Lemkin, the event in Iraq evoked "memories of the slaughter of Armenians" during World War I.[2] He presented his first proposal to outlaw such "acts of barbarism" to the Legal Council of the League of Nations in Madrid the same year. The proposal failed, and his work incurred the disapproval of the Polish government, which was at the time pursuing a policy of conciliation with Nazi Germany.[2]

In 1944,the Carnegie Endowment for International Peace published Lemkin's most important work, entitled Axis Rule in Occupied Europe, in the United States. This book included an extensive legal analysis of German rule in countries occupied by Nazi Germany during the course of World War II, along with the definition of the term genocide.[3] Lemkin's idea of genocide as an offense against international law was widely accepted by the international community and was one of the legal bases of the Nuremberg Trials (the indictment of the 24 Nazi leaders specifies in Count 3 that the defendants "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups..."[4]) Lemkin presented a draft resolution for a Genocide Convention treaty to a number of countries in an effort to persuade them to sponsor the resolution. With the support of the United States, the resolution was placed before the General Assembly for consideration. Defining genocide in 1943, Lemkin wrote:

Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.[5]


Genocide as a crime

Under international law

In the wake of the Holocaust, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocide. This was achieved in 1948, with the promulgation of the Convention on the Prevention and Punishment of the Crime of Genocide.

The CPPCG was adopted by the United Nations 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 was incorporated into the national criminal legislation of many countries, and was also adopted by the Rome Statute of the International Criminal Court, the treaty that established the International Criminal Court (ICC). The Convention (in article 2) defines genocide:

...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

— Convention on the Prevention and Punishment of the Crime of Genocide, Article II

The first draft of the Convention included political killings, but the USSR[6] along with some other nations would not accept that actions against groups identified as holding similar political opinions or social status would constitute genocide, [7] so these stipulations were subsequently removed in a political and diplomatic compromise.

The Convention was manifestly adopted for humanitarian and civilizing purposes. Its objectives are to safeguard the very existence of certain human groups and to affirm and emphasize the most elementary principles of humanity and morality. In view of the rights involved, the legal obligations to refrain from genocide are recognized as erga omnes. </br></br> When the Convention was drafted, it was already envisaged that it would apply not only to then existing forms of genocide, but also "to any method that might be evolved in the future with a view to destroying the physical existence of a group".[8] As emphasized in the preamble to the Convention, genocide has marred all periods of history, and it is this very tragic recognition that gives the concept its historical evolutionary nature. </br></br> The Convention must be interpreted in good faith, in accordance with the ordinary meaning of its terms, in their context, and in the light of its object and purpose. Moreover, the text of the Convention should be interpreted in such a way that a reason and a meaning can be attributed to every word. No word or provision may be disregarded or treated as superfluous, unless this is absolutely necessary to give effect to the terms read as a whole.[9] </br></br> Genocide is a crime under international law regardless of "whether committed in time of peace or in time of war" (art. I). Thus, irrespective of the context in which it occurs (for example, peace time, internal strife, international armed conflict or whatever the general overall situation) genocide is a punishable international crime.


— UN Commission of Experts that examined violations of international humanitarian law committed in the territory of the former Yugoslavia.[10]

Intent to destroy

In 2007 the 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 was necessary as the intent to destroy a national, racial, religious or ethnical group was enough to qualify as genocide.[11]

In the same judgement the ECHR reviewed the judgements of several international and municipal courts judgements. It noted that International Criminal Tribunal for the Former Yugoslavia and the 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 the 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 laws 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".[12]

In part

The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law.[13] 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)[14] that Genocide had been committed. In Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004)[15] 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 [of the Tribunal's Statute]."[16][17]

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."[15]

CPPCG coming into force

After the minimum 20 countries became parties to the Convention, it came into force as international law on 12 January 1951. At that time however, only two of the five permanent members of the UN Security Council (UNSC) were parties to the treaty: France and the Republic of China. Eventually 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. This long delay in support for the Genocide Convention by the world's most powerful nations caused the Convention to languish for over four decades. Only in the 1990s did the international law on the crime of genocide begin to be enforced.

Security Council responsibility to protect

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 regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".[18] The resolution commits the Council to action to protect civilians in armed conflict.

Under municipal law

Main article: Genocide under municipal laws

Since the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) came into effect in January 1951 about 80 member states of the United Nations have passed legislation that incorporates the provisions of the CPPCG into their municipal law.

Criticisms of the CPPCG and other definitions of genocide

Much debate about genocides revolves around the proper definition of the word "genocide." 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[19] argues that the international definition of genocide is too restricted,[20] 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."[21] While there are various definitions of the term, Adam Jones states that the majority of genocide scholars consider that "intent to destroy" is a requirement for any act to be labelled genocide, and that there is growing agreement on the inclusion of the physical destruction criterion.[22]

Barbara Harff and Ted 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 ...[when] the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality."[23] Harff and Gurr also differentiate between genocides and politicides 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.[24][25] Daniel D. Polsby and Don B. Kates, Jr. state that "... we follow Harff's distinction between genocides and 'pogroms,' 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."[26]

According to R. J. Rummel, genocide has 3 different meanings. The ordinary meaning is murder by 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. 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 for the third meaning.[27]

A major criticism of the international community's response to the Rwandan Genocide was that it was reactive, not proactive. The international community has developed a mechanism for prosecuting the perpetrators of genocide but has not developed the will or the mechanisms for intervening in a genocide as it happens. Critics point to the Darfur conflict and suggest that if anyone is found guilty of genocide after the conflict either by prosecutions brought in the International Criminal Court or in an ad hoc International Criminal Tribunal, this will confirm this perception.[How to reference and link to summary or text]

International prosecution of genocide

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, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and Yugoslavia — signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent.[28] Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution 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 Yugoslavia following the 1999 Kosovo War.[29]

It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, 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 Trials

Main article: Nuremberg Trials

Because the universal acceptance of international laws, defining and forbidding genocide was achieved in 1948, with the promulgation of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), those criminals who were prosecuted after the war in international courts, for taking part in the Holocaust were found guilty of crimes against humanity and other more specific crimes like murder. Nevertheless the Holocaust is universally recognized to have been a genocide and the term, that had been coined the year before by Raphael Lemkin,[30] appeared in the indictment of the 24 Nazi leaders, Count 3, stated that all the defendants had "conducted deliberate and systematic genocide – namely, the extermination of racial and national groups..."[31]

Rwanda

Main article: Rwandan Genocide

The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda 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 five accused persons. Another twenty five persons are still on trial. Nineteen are awaiting trial in detention. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. Jean Kambanda, interim Prime Minister, pleaded guilty.[32]

Former Yugoslavia

Main article: Bosnian Genocide

The term Bosnian Genocide is used to refer either to the genocide committed by Serb forces in Srebrenica in 1995,[33] or to ethnic cleansing that took place during the 1992-1995 Bosnian War (an interpretation rejected by a majority of scholars).[34]

In 2001 the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide.[35]

On 26 February 2007 the International Court of Justice (ICJ), in the Bosnian Genocide Case upheld the ICTY's earlier finding that the Srebrenica massacre 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.[36]

On 12 July 2007, European Court of Human Rights when dismissing the appeal by Nikola Jorgic 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.[37][38][39] The ECHR also noted that in the 21 century "Amongst scholars, the majority have taken the view that ethnic cleansing, 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"[40]

About 30 people have been indicted for participating in genocide or complicity in genocide during the early 1990s in Bosnia. To date after several plea bargains and some convictions that were successfully challenged on appeal only Radislav Krstic had been found guilty of complicity in genocide in an international court. Three others have been found guilty of participating in genocides in Bosnia by German courts, one of whom Nikola Jorgic lost an appeal against his conviction in the European Court of Human Rights. Several former members of the Bosnian Serb security forces are currently on trial in Bosnia and Herzegovina indited on several charges including genocide.

Slobodan Milosevic, as the former President of Serbia and of Yugoslavia he was the most senior political figure to stand trial at the ICTY. He died on 11 March 2006 during his trial where he was as 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 Radovan Karadzic and Ratko Mladic on several charges including genocide. On 21 July 2008 Karadzic was arrested in Belgrade, and he is currently in The Hague prison awaiting trial. Ratko Mladic is still at large.

By the International Criminal Court

To date all international prosecutions for genocide have been brought in specially convened international tribunals. 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.[41]

Darfur, Sudan

Main article: War in Darfur

The on-going 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 Senate Foreign Relations Committee.[42] Since that time however, no other permanent member of the UN Security Council has followed suit. 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 the Sudan has not pursued a policy of genocide."[43] 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."[43] 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.[44] Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution.[45] 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.[46]

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.[47]

On 14 July 2008, prosecutors at the 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 and two of murder. The ICC's prosecutors have claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity. The ICC's prosecutor for Darfur, Luis Moreno-Ocampo, is expected within months to ask a panel of ICC judges to issue an arrest warrant for al-Bashir.[48]

Genocide in history

Main article: Genocides in history

The preamble to the CPPCG not only states that "genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world", but that "at all periods of history genocide has inflicted great losses on humanity".

Determining which historical events constitute genocide and which are merely criminal or inhuman behavior is not a clear-cut matter. Furthermore, in nearly every case where accusations of genocide have circulated, partisans of various sides have fiercely disputed the interpretation and details of the event, often to the point of promoting wildly different versions of the facts. An accusation of genocide is certainly not taken lightly and will almost always be controversial. Revisionist attempts to deny or challenge genocides (mainly the Holocaust) are, in some countries, illegal.

Stages of genocide and efforts to prevent it

For genocide to happen, there must be certain preconditions. Foremost among them is a national culture that does not place a high value on human life. A totalitarian society, with its assumed superior ideology, is also a precondition for genocidal acts.[49] In addition, members of the dominant society must perceive their potential victims as less than fully human: as “pagans,” “savages,” “uncouth barbarians,” “unbelievers,” “effete degenerates,” “ritual outlaws,” “racial inferiors,” “class antagonists,” “counterrevolutionaries,” and so on.[50] In themselves, these conditions are not enough for the perpetrators to commit genocide. To do that—that is, to commit genocide—the perpetrators need a strong, centralized authority and bureaucratic organization as well as pathological individuals and criminals. Also required is a campaign of vilification and dehumanization of the victims by the perpetrators, who are usually new states or new regimes attempting to impose conformity to a new ideology and its model of society.[51]

— M. Hassan Kakar[52]

In 1996 Gregory Stanton the president of Genocide Watch presented a briefing paper called "The 8 Stages of Genocide" at the United States Department of State.[53] In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".[53][54]

The Stanton paper was presented at the State Department, shortly after the Rwanda genocide and much of the analysis is based on why that genocide occurred. The preventative measures suggested, given the original target audience, were those that the United States could implement directly or use their influence on other governments to have implemented.

Stage Characteristics Preventive measures
1.
Classification
People are divided into "us and them". "The main preventive measure at this early stage is to develop universalistic institutions that transcend... divisions."
2.
Symbolization
"When combined with hatred, symbols may be forced upon unwilling members of pariah groups..." "To combat symbolization, hate symbols can be legally forbidden as can hate speech".
3.
Dehumanization
"One group denies the humanity of the other group. Members of it are equated with animals, vermin, insects or diseases." "Local and international leaders should condemn the use of hate speech and make it culturally unacceptable. Leaders who incite genocide should be banned from international travel and have their foreign finances frozen."
4.
Organization
"Genocide is always organized... Special army units or militias are often trained and armed..." "The U.N. should impose arms embargoes on governments and citizens of countries involved in genocidal massacres, and create commissions to investigate violations"
5.
Polarization
"Hate groups broadcast polarizing propaganda..." "Prevention may mean security protection for moderate leaders or assistance to human rights groups...Coups d’état by extremists should be opposed by international sanctions."
6.
Preparation
"Victims are identified and separated out because of their ethnic or religious identity..." "At this stage, a Genocide Emergency must be declared. ..."
7.
Extermination
"It is "extermination" to the killers because they do not believe their victims to be fully human." "At this stage, only rapid and overwhelming armed intervention can stop genocide. Real safe areas or refugee escape corridors should be established with heavily armed international protection."
8.
Denial
"The perpetrators... deny that they committed any crimes..." "The response to denial is punishment by an international tribunal or national courts."

In a paper for the Social Science Research Council Dirk Moses criticises Stanton approach concluding:

In view of this rather poor record of ending genocide, the question needs to be asked why the "genocide studies" paradigm cannot predict and prevent genocides with any accuracy and reliability. The paradigm of "genocide studies," as currently constituted in North America in particular, has both strengths and limitations. While the moral fervor and public activism is admirable and salutary, the paradigm appears blind to its own implication in imperial projects that are themselves as much part of the problem as they are part of the solution. The US government called Darfur a genocide to appease domestic lobbies, and because the statement cost it nothing. Darfur will end when it suits the great powers that have a stake in the region.

— Dirk Moses[55]

See also

Footnotes

  1. 1.0 1.1 Office of the High Commissioner for Human Rights. Convention on the Prevention and Punishment of the Crime of Genocide
  2. 2.0 2.1 2.2 Raphael Lemkin - EuropeWorld, 22/6/2001
  3. "By 'genocide', we mean the destruction of a nation or of an ethnic group." Axis Rule in Occupied Europe, ix. 79. As quoted in the 3rd Oxford English Dictionary.
  4. Oxford English Dictionary "Genocide" citing Sunday Times 21 October 1945.
  5. Raphael Lemkin, Axis Rule in Occupied Europe (Wash., D.C.: Carnegie Endowment for International Peace, 1944), p. 79.
  6. Robert Gellately & Ben Kiernan (2003). The Specter of Genocide: Mass Murder in Historical Perspective, 267, Cambridge, UK: Cambridge University Press.
  7. Staub, Ervin. The Roots of Evil: The Origins of Genocide and Other Group Violence, 8, Cambridge, UK: Cambridge University Press.]
  8. From a statement made by Mr. Morozov, representative of the Union of Soviet Socialist Republics, on 19 April 1948 during the debate in the Ad Hoc Committee on Genocide (E/AC.25/SR.12).
  9. See Vienna Convention on the Law of Treaties, opened for signature on 23 May 1969, United Nations Treaty Series, vol. 1155, No. I-18232.
  10. Mandate, structure and methods of work: Genocide I of the UN Commission of Experts to examine violations of international humanitarian law committed in the territory of the former Yugoslavia, created by Security Council resolution 780 (1992) of 6 October 1992.
  11. European Court of Human Rights Judgement in Jorgic v. Germany (Application no. 74613/01) paragraphs 18, 36,74
  12. European Court of Human Rights Judgement in Jorgic v. Germany (Application no. 74613/01) paragraphs 43-46
  13. What is Genocide? McGill Faculty of Law (McGill University)
  14. Prosecutor v. Radislav Krstic - Trial Chamber I - Judgment - IT-98-33 (2001) ICTY8 (2 August 2001)
  15. 15.0 15.1 Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004)
  16. Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004) See Paragraph 6: "Article 4 of the Tribunal's Statute, like the Genocide Convention, covers certain acts done with "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such."
  17. Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, U.N. Doc. S/25704 at 36, annex (1993) and S/25704/Add.1 (1993), adopted by Security Council on 25 May 1993, U.N. Doc. S/RES/827 (1993).
  18. Resolution 1674 (2006)
  19. M. Hassan Kakar Afghanistan: The Soviet Invasion and the Afghan Response, 1979-1982 University of California press © 1995 The Regents of the University of California.
  20. M. Hassan Kakar 4. The Story of Genocide in Afghanistan: 13. Genocide Throughout the Country
  21. Frank Chalk, Kurt Jonassohn The History and Sociology of Genocide: Analyses and Case Studies, Yale University Press, 1990, ISBN 0-300-04446-1
  22. Jones, Adam. Genocide: A Comprehensive Introduction, Routledge/Taylor & Francis Publishers, 2006. ISBN 0-415-35385-8. Chapter 1: The Origins of Genocide pp.20-21
  23. What is Genocide? McGill Faculty of Law (McGill University) source cites Barbara Harff and Ted Gurr Toward empirical theory of genocides and politicides, International Studies Quarterly, 37:3, 1988
  24. Origins and Evolution of the Concept in the Science Encyclopedia by Net Industries. states "Politicide, as [Barbara] Harff and [Ted R.] 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.
  25. Staff. There are NO Statutes of Limitations on the Crimes of Genocide! On the website of the American Patriot Friends Network. Cites Barbara Harff and Ted Gurr "Toward empirical theory of genocides and politicides," International Studies Quarterly 37, 3 [1988].
  26. Daniel D. Polsby and Don B. Kates, Jr. of Holocaust and gun control[dead link] , Washington University Law Quarterly 1997, (Cite as 75 Wash. U. L.Q. 1237). Article cites Citing Barbara Harff, Recognizing Genocides and Politicides, in GENOCIDE WATCH 27 (Helen Fein ed., 1992) pp.37,38
  27. Domocide versus genocide; which is what?
  28. United Nations Treaty Collection (As of 9 October 2001): Convention on the Prevention and Punishment of the Crime of Genocide on the web site of the Office of the United Nations High Commissioner for Human Rights
  29. (See for example the submission by Agent of the United States, Mr. David Andrews to the ICJ Public Sitting, 11 May 1999)
  30. Oxford English Dictionary: 1944 R. Lemkin Axis Rule in Occupied Europe ix. 79 "By 'genocide' we mean the destruction of a nation or of an ethnic group."
  31. Oxford English Dictionary "Genocide" citing Sunday Times 21 October 1945
  32. These figures need revising they are from the ICTR page which says see www.ictr.org
  33. Staff. Bosnian genocide suspect extradited, BBC, 2 April 2002
  34. European Court of Human Rights - Jorgic v. Germany Judgment, 12 July 2007. § 47
  35. 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. (see paragraph 560 for name of group in English on whom the genocide was committed). It was upheld in Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004)
  36. Courte: Serbia failed to prevent genocide, UN court rules. Associated Press.
  37. ECHR Jorgic v. Germany. § 42 citing Prosecutor v. Krstic, IT-98-33-T, judgment of 2 August 2001, §§ 580
  38. ECHR Jorgic v. Germany Judgment, 12 July 2007. § 44 citing Prosecutor v. Kupreskic and Others (IT-95-16-T, judgment of 14 January 2000), § 751. In 14 January 2000 the ICTY ruled in the Prosecutor v. Kupreskic and Others case that the killing of 116 Muslims in order to expel the Muslim population from a village, was persecution, not of genocide.
  39. ICJ press release 2007/8 26 February 2007
  40. ECHR Jorgic v. Germany Judgment, 12 July 2007. § 47
  41. Statement by Carolyn Willson, Minister Counselor for International Legal Affairs, on the Report of the ICC, in the UN General AssemblyPDF (123 KB) 23 November 2005
  42. POWELL DECLARES KILLING IN DARFUR 'GENOCIDE', The NewsHour with Jim Lehrer, Sep. 9, 2004
  43. 43.0 43.1 Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-GeneralPDF (1.14 MB), 25 January 2005, at 4
  44. Security Council Resolution 1593 (2005)PDF (24.8 KB)
  45. SECURITY COUNCIL REFERS SITUATION IN DARFUR, SUDAN, TO PROSECUTOR OF INTERNATIONAL CRIMINAL COURT, UN Press Release SC/8351, Mar. 31, 2005
  46. Fourth Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005)PDF (597 KB), Office of the Prosecutor of the International Criminal Court, Dec. 14, 2006.
  47. Statement by Mr. Luis Moreno Ocampo, Prosecutor of the International Criminal Court, to the United Nations Security Council pursuant to UNSCR 1593 (2005), International Criminal Court, 5 June 2008
  48. Walker, Peter Darfur genocide charges for Sudanese president Omar al-Bashir. The Guardian. URL accessed on 2008-07-15.
  49. M. Hassan Kakar References Chapter 4. The Story of Genocide in Afghanistan Footnote 9. Citing Horowitz, quoted in Chalk and Jonassohn, Genocide, 14.
  50. M. Hassan Kakar References Chapter 4. The Story of Genocide in Afghanistan Footnote 10. Citing For details, see Carlton, War and Ideology.
  51. M. Hassan Kakar References Chapter 4. The Story of Genocide in Afghanistan Footnote 11. Citing Horowitz, quoted in Chalk and Jonassohn, Genocide, 13.
  52. M. Hassan Kakar ,Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982, University of California Press, 1995.
  53. 53.0 53.1 Gregory Stanton. The 8 Stages of Genocide, Genocide Watch, 1996
  54. The FBI has found somewhat similar stages for hate groups.
  55. Dirk Moses Why the Discipline of "Genocide Studies" Has Trouble Explaining How Genocides End?, Social Science Research Council, 22 December 2006

References

Further reading

Books
Overviews
Resources
Research Programs

Template:International Criminal Law Template:Racism topics


This page uses Creative Commons Licensed content from Wikipedia (view authors).

Around Wikia's network

Random Wiki