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Encyclopedia > Genocide

Genocide is the mass killing of a group of people. 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. 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 term Genocide can refer to: Convention on the Prevention and Punishment of the Crime of Genocide A 1948 UN treaty making Genocide an international crime. ... This is a list of scholarly and international legal definitions of genocide,[1] a word coined by Raphael Lemkin in 1944. ... This article is about law in society. ... UN and U.N. redirect here. ... The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the UN General Assembly in December 1948 and came into effect in January 1951. ... For other uses, see Nation (disambiguation). ... This article or section should be merged with ethnic group Ethnicity is the cultural characteristics that connect a particular group or groups of people to each other. ... For other uses, see Race. ... Various Religious symbols, including (first row) Christian, Jewish, Hindu, Bahai, (second row) Islamic, tribal, Taoist, Shinto (third row) Buddhist, Sikh, Hindu, Jain, (fourth row) Ayyavazhi, Triple Goddess, Maltese cross, pre-Christian Slavonic Religion is the adherence to codified beliefs and rituals that generally involve a faith in a spiritual...

Contents

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 Greek root génos (γένος) (family, tribe or race - gene); secondly from Latin -cide (occido—to massacre, kill). Rafael Lemkin (June 24, 1900—August 28, 1959) was a lawyer of Polish-Jewish descent. ... For other uses, see Jew (disambiguation). ... For other uses, see Latins and Latin (disambiguation). ...


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] Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Language(s) Aramaic Religion(s) Syriac Christianity Related ethnic groups Other Semitic peoples, and other ethnic groups from the Fertile Crescent. ... The Simele massacre was the first massacre commited by the Iraqi government as Assyrian Christians of Sumail (Simele) were systematically being targeted. ... is the 223rd day of the year (224th in leap years) in the Gregorian calendar. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Armenian Genocide photo. ... “The Great War ” redirects here. ... Nazi Germany, or the Third Reich, commonly refers to Germany in the years 1933–1945, when it was under the firm control of the totalitarian and fascist ideology of the Nazi Party, with the Führer Adolf Hitler as dictator. ...


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: Year 1944 (MCMXLIV) was a leap year starting on Saturday (link will display full calendar) of the Gregorian calendar. ... The Endowments headquarters at 1779 Massachusetts Avenue NW, Washington, D.C. The Carnegie Endowment for International Peace is a private nonprofit organization promoting international cooperation and active international engagement by the United States of America. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ... For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ...

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. “Shoah” redirects here. ... This article or section is in need of attention from an expert on the subject. ... The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the UN General Assembly in December 1948 and came into effect in January 1951. ...


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: The United Nations General Assembly (GA, UNGA) is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation. ... is the 343rd day of the year (344th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... is the 12th day of the year in the Gregorian calendar. ... Year 1951 (MCMLI) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar. ... Rome Statute of the International Criminal Court Opened for signature June 17, 1998[1] at Rome Entered into force July 1, 2002 Conditions for entry into force 60 ratifications Parties 99[2] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International... The official logo of the ICC The International Criminal Court (ICC or ICCt)[1] was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression. ...

...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: For other uses, see Genocide (disambiguation). ...

(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.
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.
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]
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. This article needs to be cleaned up to conform to a higher standard of quality. ...

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

Intent to destroy

In 1997 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 group as a social unit was enough to qualify as genocide.[11] European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...


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] The Tribunal building in The Hague. ... The International Court of Justice (known colloquially as the World Court or ICJ; French: ) is the primary judicial organ of the United Nations. ... Municipal law is an international law term used to denote the national, domestic, or internal law of a state. ...


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 Tribunal building in The Hague. ...


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. is the 12th day of the year in the Gregorian calendar. ... Year 1951 (MCMLI) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar. ... A session of the Security Council in progress The United Nations Security Council is the most powerful organ of the United Nations. ... For the Chinese civilization, see China. ...


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. 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.[1] The resolution commits the Council... “Security Council” redirects here. ... is the 118th day of the year (119th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... UN headquarters in New York City The 2005 World Summit, 14–16 September 2005, was a follow-up summit meeting to the United Nations 2000 Millennium Summit, which led to the Millennium Declaration of the Millennium Development Goals (MDGs). ... A United Nations Security Council Resolution is voted on by the fifteen members of the United Nations Security Council, the most powerful organ of the United Nations. ...


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[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] This is a list of scholarly and international legal definitions of genocide,[1] a word coined by Raphael Lemkin in 1944. ...


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] Politicide is a punk band formed in the early 80s. ... Pogrom (from Russian: ; from громить IPA: - to wreak havoc, to demolish violently) is a form of riot directed against a particular group, whether ethnic, religious or other, and characterized by destruction of their homes, businesses and religious centres. ...


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] To meet Wikipedias quality standards, this article or section may require cleanup. ... Democide is a term coined by political scientist R. J. Rummel for the murder of any person or people by a government, including genocide, politicide, and mass murder. Rummel created the term as an extended concept to include forms of government murder that are not covered by the legal definition...


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.[citation needed] Combatants JEM factions NRF alliance Janjaweed SLM (Minnawi)  Sudan African Union Mission in Sudan (AMIS) United Nations African Union Mission in Darfur (UNAMID) Commanders Ibrahim Khalil Ahmed Diraige Omar al-Bashir Minni Minnawi Luke Aprezi Strength N/A N/A 7,000 The Darfur conflict is a crisis in the...


International prosecution of genocide (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] Yugoslavia (Jugoslavija in the Latin alphabet, Југославија in Cyrillic; English: South Slavia, or literary The Land of South Slavs) describes three political entities that existed one at a time on the Balkan Peninsula in Europe, during most of the 20th century. ... The International Court of Justice (known colloquially as the World Court or ICJ; French: ) is the primary judicial organ of the United Nations. ... Immunity, also known as transactional immunity, confers a status on a person or body that places them beyond the law and makes that person or body free from otherwise legal obligations such as, for example, liability for torts or damages or prosecution under criminal law for criminal acts. ... Yugoslavia (Jugoslavija in the Latin alphabet, Југославија in Cyrillic; English: South Slavia, or literary The Land of South Slavs) describes three political entities that existed one at a time on the Balkan Peninsula in Europe, during most of the 20th century. ... The term Kosovo War or Kosovo Conflict is often used to describe two sequential and at times parallel armed conflicts (a civil war followed by an international war) in the southern Serbian province called Kosovo (officially Kosovo and Metohia), part of the former Federal Republic of Yugoslavia. ...


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. Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... In law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting. ... A peremptory norm (also called jus cogens, Latin for compelling law) is a fundamental principle of international law considered to have acceptance among the international community of states as a whole. ... The first two pages of the Treaty of Brest-Litovsk, in (left to right) German, Hungarian, Bulgarian, Ottoman Turkish and Russian A treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. ...


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] For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ... This article or section is in need of attention from an expert on the subject. ... “Shoah” redirects here. ... This article is in need of attention. ... Rafael Lemkin (June 24, 1900—August 28, 1959) was a lawyer of Polish-Jewish descent. ... For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ...


Former Yugoslavia

The term Bosnian Genocide is used to refer either to the genocide committed by Serb forces in Srebrenica in 1995,[32] or to ethnic cleansing that took place during the 1992-1995 Bosnian War (an interpretation rejected by a majority of scholars).[33] It has been suggested that this article or section be merged into Srebrenica massacre. ... Burial of 465 identified Bosniak civilians (July 11, 2007) Gravestone of a thirteen year old boy (July 11, 2007) A memorial to the victims of Srebrenica and other towns in Eastern Bosnia The Srebrenica Massacre, also known as Srebrenica Genocide,[1] was the July 1995 killing of an estimated 8... Location of Srebrenica within the Bosnia and Herzegovina Country Settlements 81 Government  - Mayor Abdurahman Malkić (SDA) [1] Area  - Total 527 km² (203. ... Year 1995 (MCMXCV) was a common year starting on Sunday. ... For the video game, see Ethnic Cleansing (computer game). ... Combatants  Bosnia and Herzegovina Volunteers from Islamic countries Croatian Community of Herzeg-Bosnia  Croatia Volunteers from Western Europe  Republika Srpska  Yugoslavia Various paramilitary units from FR Yugoslavia Volunteers from Eastern Europe Commanders Alija Izetbegović (President of Bosnia and Herzegovina) Sefer Halilović (Army chief of staff 1992-1993) Rasim Delić (Army...


In 2001 the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide.[34] The Tribunal building in The Hague. ... Burial of 465 identified Bosniak civilians (July 11, 2007) Gravestone of a thirteen year old boy (July 11, 2007) A memorial to the victims of Srebrenica and other towns in Eastern Bosnia The Srebrenica Massacre, also known as Srebrenica Genocide,[1] was the July 1995 killing of an estimated 8...


On February 26, 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.[35] is the 57th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... The International Court of Justice (known colloquially as the World Court or ICJ; French: ) is the primary judicial organ of the United Nations. ... The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. ...


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.[36][37][38] 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"[39] is the 193rd day of the year (194th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by... In 1997, Germany handed down first Bosnian Genocide conviction. ... (Redirected from 21 century) (20th century - 21st century - 22nd century - other centuries) Definition In calendars based on the Christian Era or Common Era, such as the Gregorian calendar, the 21st century is the current century, as of this writing, lasting from 2000-2099. ...


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. This article is about the country of Bosnia and Herzegovina. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... Radislav Krstic - Serb general convicted on genocide charges in relations to Srebrenica massacre in which over 8,100 Bosniaks were executed and then dug up in mass graves. ... In 1997, Germany handed down first Bosnian Genocide conviction. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...


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. The ICTY has issued a warrant for the arrest of Radovan Karadzic and Ratko Mladic on several charges including genocide but to date they have evaded arrest and remain at large. Slobodan Milošević. ... is the 70th day of the year (71st in leap years) in the Gregorian calendar. ... . Radovan Karadžić Radovan Karadžić (born June 19, 1945) is a Bosnian Serb politician, poet, psychiatrist and accused war criminal. ... Ratko Mladić Mladić (centre of the screen) is a fugitive from the ICTY and faces charges from prosecutor Carla del Ponte (giving the talk). ...


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 April 6. The ICTR was created on November 8, 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 January 1 and December 31, 1994. The Rwandan Genocide was the 1994 mass killing of the hundreds of thousands of ethnic Tutsis and moderate Hutu sympathizers in Rwanda and was the largest atrocity during the Rwandan Civil War. ... Wanted poster for the ICTR 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 April 6. ... UN and U.N. redirect here. ... The Rwandan Genocide was the 1994 mass killing of the hundreds of thousands of ethnic Tutsis and moderate Hutu sympathizers in Rwanda and was the largest atrocity during the Rwandan Civil War. ... is the 96th day of the year (97th in leap years) in the Gregorian calendar. ... is the 312th day of the year (313th in leap years) in the Gregorian calendar. ... Year 1994 (MCMXCIV) The year 1994 was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by the United Nations. ... is the 1st day of the year in the Gregorian calendar. ... is the 365th day of the year (366th in leap years) in the Gregorian calendar. ... Year 1994 (MCMXCIV) The year 1994 was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by the United Nations. ...


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.[40] Jean Paul Akayesu (b. ... Jean Kambanda (born October 19, 1955) was the prime minister in the caretaker government of Rwanda from the start of the 1994 Rwandan Genocide. ...


International prosecution of genocide (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] Also see: 2002 (number). ... The United States, amid bipartisan consensus, has stated that it does not intend to ratify the treaty creating the International Criminal Court. ...


Darfur

Main article: Darfuri genocide

The on-going conflict in Darfur, Sudan, which started in 2003, was declared a "genocide" by United States Secretary of State Colin Powell on September 9, 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."[44] 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.[45] Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution.[46] 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.[47] Combatants JEM factions NRF alliance Janjaweed SLM (Minnawi)  Sudan African Union Mission in Sudan (AMIS) United Nations African Union Mission in Darfur (UNAMID) Commanders Ibrahim Khalil Ahmed Diraige Omar al-Bashir Minni Minnawi Luke Aprezi Strength N/A N/A 7,000 The Darfuri genocide is a crisis in the... For other uses, see Darfur (disambiguation). ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. ... General Colin Luther Powell, United States Army (Ret. ... is the 252nd day of the year (253rd in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... U.S. Senate Committee on Foreign Relations is a standing committee of the United States Senate. ... Security Council Resolution 1564 was a U.N. Security Council Resolution regarding the Darfur conflict passed on September 18, 2004. ... United Nations Security Council Resolution 1593 was adopted by the United Nations Security Council on 31 March 2005, by a vote of eleven to none with four abstentions (Algeria, Brazil, China and the United States of America). ...


Genocide as a crime under municipal law

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. The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) came into effect in January 1951. ... Municipal law is an international law term used to denote the national, domestic, or internal law of a state. ...


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". Genocide is the mass killing of a group of people, as defined by Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or... The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the UN General Assembly in December 1948 and came into effect in January 1951. ...


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. Historical revisionism is the attempt to change commonly held ideas about the past. ...


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.[48] 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.[49] 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.[50]

M. Hassan Kakar[51]

In 1996 Gregory Stanton the president of Genocide Watch presented briefing paper called "The 8 Stages of Genocide" at the United States Department of State.[52] In it he suggested that genocide develops in eight stages that are "predictable but not inexorable".[52][53] Gregory H. Stanton is the founder (1999) and president of Genocide Watch ([1]), the founder (1981) and director of the Cambodian Genocide Project, the director of the World Federalist Associations Campaign to End Genocide and the coordinator of the Coalition for an International Criminal Court ([2]). Dr. Stanton served... Genocide Watch is an international organization based in the United States which attempts to predict, prevent, limit, eliminate, and punish genocides throughout the world through reporting, public awareness campaigns, and judicial or quasi-judicial follow-up. ... Department of State redirects here. ...


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: Children at a parade in North College Hill, Ohio Manifestations Slavery Racial profiling Lynching Hate speech Hate crime Genocide (examples) Ethnocide Ethnic cleansing Pogrom Race war Religious persecution Blood libel Paternalism Police brutality Movements Policies Discriminatory Race / Religion / Sex segregation Apartheid Redlining Internment Ethnocracy Anti-discriminatory Emancipation Civil rights Desegregation... Look up Pariah in Wiktionary, the free dictionary. ... Manifestations Slavery Racial profiling Lynching Hate speech Hate crime Genocide (examples) Ethnocide Ethnic cleansing Pogrom Race war Religious persecution Gay bashing Blood libel Paternalism Police brutality Movements Policies Discriminatory Race / Religion / Sex segregation Apartheid Redlining Internment Anti-discriminatory Emancipation Civil rights Desegregation Integration Equal opportunity Counter-discriminatory Affirmative action Racial... Lebanese Kataeb militia The term Militia is commonly used today to refer to a military force composed of ordinary [1] citizens to provide defense, emergency, law enforcement, or paramilitary service, and those engaged in such activity, without being paid a regular salary or committed to a fixed term of service. ... 1967 Chinese propaganda poster from the Cultural Revolution. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Genocide denial occurs when an otherwise accepted act of genocide is met with attempts to deny the occurrence and minimize the scale or death toll. ... The Social Science Research Council (SSRC) is an organization created to foster research into social science. ...

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[54]

See also

Look up Genocide in
Wiktionary, the free dictionary.

Image File history File links No higher resolution available. ... Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 151 languages. ... Autogenocide is the extermination of a countrys citizens by its own people or government. ... In international law, a crime against humanity consists of acts of persecution or any large scale atrocities against a body of people, as being the criminal offence above all others. ... Cultural genocide is a term used to describe the deliberate destruction of the cultural heritage of a people or nation for political or military reasons. ... Democide is a term coined by political scientist R. J. Rummel for the murder of any person or people by a government, including genocide, politicide, and mass murder. Rummel created the term as an extended concept to include forms of government murder that are not covered by the legal definition... For the video game, see Ethnic Cleansing (computer game). ... Ethnocide is a concept related to genocide; unlike genocide, which has entered into international law, ethnocide remains primarily the province of ethnologists, who have not yet settled on a single cohesive meaning for the term. ... Fondation Chirezi (FOCHI) is a local non-governmental organisation established in the African Great Lakes Region by Floribert Kazingufu Kasirusiru (Flory Zozo). ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the UN General Assembly in December 1948 and came into effect in January 1951. ... Genocide denial occurs when an otherwise accepted act of genocide is met with attempts to deny the occurrence and minimize the scale or death toll. ... Genocide is the mass killing of a group of people, as defined by Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or... Historical revisionism is the attempt to change commonly held ideas about the past. ... The International Association of Genocide Scholars is a global, interdisciplinary, non-partisan organization that seeks to further research and teaching about the nature, causes, and consequences of genocide, and advance policy studies on prevention of genocide. ... Kamau Kambon at Bennu Cultural Center Kamau Rashidi Kambon, born Leroy Jefferson is a former African Studies college instructor. ... The Midian War documented in the Hebrew Bible, Numbers 31, is the final military action that Moses personally led. ... Minority Rights Group International (or MRG) is an organisation founded in 1965 with the objective of promoting human rights and increasing awareness of minority issues. ... Nazism in history Nazi ideology Nazism and race Outside Germany Related subjects Lists Politics Portal         Nazi eugenics pertains to Nazi Germanys race based social policies that placed the improvement of the race through eugenics at the center of their concerns and targeted those humans they identified as life unworthy... Policide is a neologism used in political science to describe the intentional destruction of a city or nation. ... The ten threats identified by the High Level Threat Panel of the United Nations are: Poverty Infectuous Disease Environmental degradation Inter-State War Civil War Genocide Other Atrocities (e. ... This article is about the United Nations, for other uses of UN see UN (disambiguation) Official languages English, French, Spanish, Russian, Chinese, Arabic Secretary-General Kofi Annan (since 1997) Established October 24, 1945 Member states 191 Headquarters New York City, NY, USA Official site http://www. ... Universal jurisdiction or universality principle is a controversial principle in international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country. ... The Völkerstrafgesetzbuch (VStGB) German law that regulates the consequences of crimes against public international law. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ...

Footnotes

  1. ^ Office of the High Commissioner for Human Rights. Convention on the Prevention and Punishment of the Crime of Genocide. http://www.unhchr.ch/html/menu3/b/p_genoci.htm
  2. ^ a b c 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. Cambridge, UK: Cambridge University Press, 267. ISBN 0521527503. 
  7. ^ Staub, Ervin. The Roots of Evil: The Origins of Genocide and Other Group Violence. Cambridge, UK: Cambridge University Press, 8. ISBN 0-521-42214-0. ]
  8. ^ From a statement made by Mr. Morozov, representative of the Union of Soviet Socialist Republics, on 19 April