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2 results

  • 10 - Genocide

  • from Part IV - Substantive Law of International Crimes
  • Darryl Robinson, Queen's University, Ontario, Sergey Vasiliev, Open Universiteit, Elies van Sliedregt, Tilburg University, The Netherlands, Valerie Oosterveld, Western University, Ontario
  • Book:
    An Introduction to International Criminal Law and Procedure
    Published online:
    07 November 2024
    Print publication:
    18 July 2024, pp 193-214

  • Summary

    This chapter begins with a discussion of the standard definition of genocide in the Genocide Convention, which is replicated verbatim in the Statutes of the ad hoc Tribunals and of the International Criminal Court. It turns to a discussion of its historical development as a response to the Holocaust, considers its relationship to crimes against humanity, and considers the underlying nature of the crime. The chapter then considers the protected groups (national, ethnic, racial and religious) and the challenges associated with identifying these groups. It considers the prohibited acts: killing, 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. The chapter explains the contextual element, and the mental elements of ‘intent to destroy’, ‘in whole or in part’, and ‘as such’. It ends with a discussion of other modes of participation.

  • Genocide and Discrimination: Lessons to Be Learnt from Discrimination Law

  • MONIKA AMBRUS
  • Journal:
    Leiden Journal of International Law / Volume 25 / Issue 4 / December 2012
    Published online by Cambridge University Press:
    01 November 2012, pp. 935-954
    Print publication:
    December 2012

  • A survey of the case law of the ICTY and ICTR reveals inconsistencies and conceptual discrepancies in the approach to genocide cases, in particular with respect to the cornerstones of such cases – the identification of the protected group and its members – resulting in different levels of protection against genocide. A review model might help to address these issues, which are, arguably, preconditions of the legitimacy of these courts and of the effective enforcement of the prohibition of genocide. Given the close relationship between genocide and discrimination, this review model might be built on the ‘building blocks’ of discrimination law. The purpose of this contribution is twofold: (1) by unfolding the relationship between direct discrimination and genocide to devise a model of review, and (2) to analyse the consequences of the consistent application of this model for the identification of the protected groups and their members.