International Criminal Law – Seminar 7 – Genocide
Chapter 10 – Genocide
Genocide ‘is the denial of the right of existence of entire human groups
Requires an intent to destroy a group of people
The term is to be used carefully to maintain the seriousness of the offence
Main definition – Article 2 Genocide Convention:
Any of the following acts committed with the intent to destroy, in whole or 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
Historical Development
Recognised after the holocaust, term used in 1944 by Raphael Lenkin (Polish
Lawyer)
The crimes of genocide was not developed until after the Nuremberg trials.
Instead it was dealt with as a CAH but this meant it required a connection to war
Genocide Convention came into force on 12 January 1951 following GA Resolution
96(1) of December 1946. ICJ also confirmed it formed part of customary
international law same year
Nature of Genocide
Jelisic (ICTY) – killings committed by a single perpetrator are enough ‘to establish
the material element of the crime of genocide and it possible to conceive that the
accused harboured the plan to exterminate an entire group without this intent
having been supported by any organisation in which other individuals
participated’
ICTY Prosecution – Genocide should not become too broad to reserve the fact that
it is for acts of exceptional gravity that it should be considered the ultimate crime
Conduct for which defendant is on trial takes place in the context of ‘a manifest
pattern of similar conduct’ or is of itself able to destroy the group or part of it
Protected Groups
Convention lists only national, ethnic, racial and religious groups
Evidence suggests that this list is intended to be exhaustive
Some states have adopted broader definitions as they are entitled to do but other
states do not have to follow this precedent
National, ethical, racial and religious groups – No internationally recognised
definition. Overlap also present. Attempt to define could lead to difficulties in
applying groups that should be covered under the definition.
Identification of the groups and its members – Difficulty in deciding whether
a person is a member of a group or not. Suggested that it should be whether or
not the defendant saw the victim as a member of the group in whom they are
targeting. Perceptions would as a result therefore be based potentially on
Chapter 10 – Genocide
Genocide ‘is the denial of the right of existence of entire human groups
Requires an intent to destroy a group of people
The term is to be used carefully to maintain the seriousness of the offence
Main definition – Article 2 Genocide Convention:
Any of the following acts committed with the intent to destroy, in whole or 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
Historical Development
Recognised after the holocaust, term used in 1944 by Raphael Lenkin (Polish
Lawyer)
The crimes of genocide was not developed until after the Nuremberg trials.
Instead it was dealt with as a CAH but this meant it required a connection to war
Genocide Convention came into force on 12 January 1951 following GA Resolution
96(1) of December 1946. ICJ also confirmed it formed part of customary
international law same year
Nature of Genocide
Jelisic (ICTY) – killings committed by a single perpetrator are enough ‘to establish
the material element of the crime of genocide and it possible to conceive that the
accused harboured the plan to exterminate an entire group without this intent
having been supported by any organisation in which other individuals
participated’
ICTY Prosecution – Genocide should not become too broad to reserve the fact that
it is for acts of exceptional gravity that it should be considered the ultimate crime
Conduct for which defendant is on trial takes place in the context of ‘a manifest
pattern of similar conduct’ or is of itself able to destroy the group or part of it
Protected Groups
Convention lists only national, ethnic, racial and religious groups
Evidence suggests that this list is intended to be exhaustive
Some states have adopted broader definitions as they are entitled to do but other
states do not have to follow this precedent
National, ethical, racial and religious groups – No internationally recognised
definition. Overlap also present. Attempt to define could lead to difficulties in
applying groups that should be covered under the definition.
Identification of the groups and its members – Difficulty in deciding whether
a person is a member of a group or not. Suggested that it should be whether or
not the defendant saw the victim as a member of the group in whom they are
targeting. Perceptions would as a result therefore be based potentially on
