Genocide

Genocide is the systematic destruction of all or a significant part of a racial, ethnic, religious or national group. Well-known examples of genocide include the Holocaust, the Armenian genocide, and more recently the Rwandan genocide.

Contents

  • Etymology 1
  • Genocide as a crime 2
    • International law 2.1
    • Specific provisions 2.2
      • "Intent to destroy" 2.2.1
      • "In part" 2.2.2
    • CPPCG coming into force 2.3
    • UN Security Council on genocide 2.4
    • Municipal law 2.5
  • Criticisms of the CPPCG and other definitions of genocide 3
  • International prosecution of genocide 4
    • By ad hoc tribunals 4.1
      • Nuremberg Tribunal (1945–1946) 4.1.1
      • International Criminal Tribunal for the Former Yugoslavia (1993 to present) 4.1.2
      • International Criminal Tribunal for Rwanda (1994 to present) 4.1.3
      • Extraordinary Chambers in the Courts of Cambodia (2003 to present) 4.1.4
    • By the International Criminal Court 4.2
      • Darfur, Sudan 4.2.1
  • Genocide in history 5
  • Stages of genocide, influences leading to genocide, and efforts to prevent it 6
  • See also 7
    • Research 7.1
  • Notes 8
  • References 9
  • Further reading 10
  • External links 11

Etymology

Raphael Lemkin, in his work Axis Rule in Occupied Europe (1944), coined the term "genocide" by combining Greek genos (γένος), "race, people" and Latin cīdere "to kill".[1]

Lemkin defined genocide as follows:

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.

The preamble to the Genocide Convention ("CPPCG") notes that instances of genocide have taken place throughout history,[2] but it was not until Lemkin coined the term and the prosecution of perpetrators of the Holocaust at the Nuremberg trials that the United Nations defined the crime of genocide under international law in the Genocide Convention.

During an interview with Lemkin, the interviewer asked him about how he came to be interested in this genocide. He replied: "I became interested in genocide because it happened so many times. It happened to the Armenians, then after the Armenians, Hitler took action."[3][4]

Lemkin was also a close relative of genocide victims, losing 49 relatives in the Holocaust. However, his work on defining genocide as a crime dates to 1933, and it was prompted by the Simele massacre in Iraq.[5]

Genocide as a crime

International law

Buchenwald concentration camp was not an extermination camp, though it was responsible for a vast number of deaths

After the Holocaust, which had been perpetrated by the Nazi Germany and its allies prior to and during World War II, Lemkin successfully campaigned for the universal acceptance of international laws defining and forbidding genocide. In 1946, the first session of the United Nations General Assembly adopted a resolution that "affirmed" that genocide was a crime under international law, but did not provide a legal definition of the crime. In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) which defined the crime of genocide for the first time.[6]

The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally recognized definition of genocide which has been incorporated into the national criminal legislation of many countries, and was also adopted by the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC). Article II of the Convention defines genocide as:

The first draft of the Convention included political killings, but these provisions were removed in a political and diplomatic compromise following objections from some countries, including the USSR, a permanent security council member.[7][8] The USSR argued that the Convention's definition should follow the etymology of the term,[8] and may have feared greater international scrutiny of its own Great Purge.[7] Other nations feared that including political groups in the definition would invite international intervention in domestic politics.[8]

The convention's purpose and scope was later described by the United Nations Security Council as follows:

Specific provisions

"Intent to destroy"

In 2007 the [12]

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 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".[13]

"In part"

The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law.[14] 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)[15] that Genocide had been committed. In Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)[16] 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]."[17][18]

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."[16]

CPPCG coming into force

The Convention came into force as international law on 12 January 1951 after the minimum 20 countries became parties. At that time, however, only two of the five permanent members of the UN Security Council were parties to the treaty: France and the Republic of China. The Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988. This long delay in support for the 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.

UN Security Council on genocide

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".[19] The resolution committed the Council to action to protect civilians in armed conflict.[20]

In 2008 the UN Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".[21]

Municipal law

Since the Convention came into effect in January 1951 about 80 United Nations member states have passed legislation that incorporates the provisions of CPPCG into their municipal law.[22]

Criticisms of the CPPCG and other definitions of genocide

William Schabas has suggested that a permanent body as recommended by the Whitaker Report to monitor the implementation of the Genocide Convention, and require States to issue reports on their compliance with the convention (such as were incorporated into the United Nations Optional Protocol to the Convention against Torture), would make the convention more effective.[23]

Writing in 1998 Kurt Jonassohn and Karin Björnson stated that the CPPCG was a legal instrument resulting from a diplomatic compromise. As such the wording of the treaty is not intended to be a definition suitable as a research tool, and although it is used for this purpose, as it has an international legal credibility that others lack, other definitions have also been postulated. Jonassohn and Björnson go on to say that none of these alternative definitions have gained widespread support for various reasons.[24]

Jonassohn and Björnson postulate that the major reason why no single generally accepted genocide definition has emerged is because academics have adjusted their focus to emphasise different periods and have found it expedient to use slightly different definitions to help them interpret events. For example Frank Chalk and Kurt Jonassohn studied the whole of human history, while Leo Kuper and R. J. Rummel in their more recent works concentrated on the 20th century, and Helen Fein, Barbara Harff and Ted Gurr have looked at post World War II events. Jonassohn and Björnson are critical of some of these studies, arguing that they are too expansive, and conclude that the academic discipline of genocide studies is too young to have a canon of work on which to build an academic paradigm.[24]

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[25] argues that the international definition of genocide is too restricted,[26] 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."[27] 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.[28]

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."[29] 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.[30][31] 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."[32][33]

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.[34]

Highlighting the potential for state and non-state actors to commit genocide in the 21st century, for example, in failed states or as non-state actors acquire weapons of mass destruction, Adrian Gallagher defined genocide as 'When a source of collective power (usually a state) intentionally uses its power base to implement a process of destruction in order to destroy a group (as defined by the perpetrator), in whole or in substantial part, dependent upon relative group size'.[35] The definition upholds the centrality of intent, the multidimensional understanding of destroy, broadens the definition of group identity beyond that of the 1948 definition yet argues that a substantial part of a group has to be destroyed before it can be classified as genocide (dependent on relative group size).

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.

International prosecution of genocide

By ad hoc tribunals

Nuon Chea, the Khmer Rouge's chief ideologist, before the Cambodian Genocide Tribunal on 5 December 2011.

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 former Yugoslavia—signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent.[36] 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 former Yugoslavia following the 1999 Kosovo War.[37]

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 Tribunal (1945–1946)

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,[38] appeared in the indictment of the 24 Nazi leaders, Count 3, which stated that all the defendants had "conducted deliberate and systematic genocide—namely, the extermination of racial and national groups..."[39]

International Criminal Tribunal for the Former Yugoslavia (1993 to present)

A boy at a grave during the 2006 funeral of genocide victims

The term Bosnian Genocide is used to refer either to the genocide committed by Serb forces in Srebrenica in 1995,[40] or to ethnic cleansing that took place during the 1992–1995 Bosnian War.[41]

In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) judged that the 1995 Srebrenica massacre was an act of genocide.[42]

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 in Srebrenica and Zepa constituted genocide, but found that the Serbian government had not participated in a wider genocide on the territory of Bosnia and Herzegovina during the war, as the Bosnian government had claimed.[43]

On 12 July 2007,

  • Goldhagen, Daniel (14 April 2010). "Genocide: Worse Than War". PBS. 
  • Ethnocide by Barbara Lukunka in the encyclopedia of mass violence
  • GenocideDefining the Terms: at Yad Vashem website
  • Genocide and Democide

External links

  • Centre for the Study of Genocide and Mass Violence, Sheffield, United Kingdom
  • Center for Holocaust and Genocide Studies, Amsterdam, the Netherlands
  • Center for Holocaust and Genocide Studies, University of Minnesota
  • Genocide Studies Program, Yale University
  • GenoDynamics: Understanding Genocide Through Time and Space by Christian Davenport (Kroc Institute – University of Notre Dame) and Allan Stlam (University of Michigan)
  • Montreal Institute for Genocide Studies, Concordia University
  • Minorities at Risk project at the University of Maryland
  • The Inforce Foundation (International Forensic Centre of Excellence), UK
  • Foundation for the International Prevention of Genocide and Mass Atrocities, Hungary
  • Master of Arts in Holocaust & Genocide, The Richard Stockton College of New Jersey

Research programs

  • Auschwitz Institute for Peace and Reconciliation
  • USA for UNHCR Web site

Resources

  • Institute for the Study of Genocide/International Association of Genocide Scholars
  • Genocide Intervention Network
  • OneWorld Perspectives Magazine: Preventing Genocide (April/May 2006)- global human rights and development network looks at genocide from a variety of perspectives
  • Committee on Conscience of the United States Holocaust Memorial Museum; Responding to Threats of Genocide
  • Staff, The Crime of Genocide in Domestic Laws and Penal Codes, Prevent Genocide International
  • Voices of the Holocaust—a learning resource at the British Library
  • Convention on the Prevention and Punishment of the Crime of Genocide at Law-Ref.org—fully indexed and crosslinked with other documents
  • Documents and Resources on War, War Crimes and Genocide
  • International Network of Genocide Scholars (INoGS)
  • Genocide Watch at the Wayback Machine (archived June 18, 2007) stages of genocide
  • Genocide & Crimes Against Humanity—a learning resource, highlighting the cases of Myanmar, Bosnia, the DRC, and Darfur
  • Whitaker Report

Overviews

  • Andreopoulos, George J., ed. (1994). Genocide: Conceptual and Historical Dimensions. University of Pennsylvania Press.  
  • Ball, P., P. Kobrak, and H. Spirer (1999). State Violence in Guatemala, 1960–1996: A Quantitative Reflection. Washington, D.C.: American Association for the Advancement of Science.
  • Bloxham, Donald & Moses, A. Dirk [editors]: The Oxford Handbook of Genocide Studies. [Interdisciplinary Contributions about Past & Present Genocides]. Oxford University Press, second edition 2013. ISBN 978-0-19-967791-7
  • Chalk, Frank; Kurt Jonassohn (1990). The History and Sociology of Genocide: Analyses and Case Studies. Yale University Press.  
  •  
  • Conversi, Daniele (2005). "Genocide, ethnic cleansing, and nationalism". In Gerard Delanty, Krishan Kumar (eds). Handbook of Nations and Nationalism. vol. 1. London: Sage Publications. pp. 319–333.  
  • Corradi, Juan, Patricia Weiss Fagen, and Manuel Antonio Garreton, eds. 1992. Fear at the Edge: State Terror and Resistance in Latin America. Berkeley: University of California Press.
  • Elliot, G. (1972). Twentieth Century Book of the Dead. New York, C. Scribner.
  •  
  • Harff, Barbara (August 2003). Early Warning of Communal Conflict and Genocide: Linking Empirical Research to International Responses. Westview Press.  
  •  
  •  
  • Horvitz, Leslie Alan; Catherwood, Christopher (2011). Encyclopedia of War Crimes & Genocide (Hardcover) 2 (Revised ed.). New York: Facts on File.   ISBN 0816080836
  • Jonassohn, Kurt; Karin Björnson (1998). Genocide and Gross Human Rights Violations. Transaction Publishers.  
  •  
  • Kelly, Michael J. (2005). Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide & the Trials of Slobodan Milosevic and Saddam Hussein. Peter Lang.  
  •  
  • Laban, Alexander (2002). Genocide: An Anthropological Reader. Blackwell Publishing.  
  •  
  • Levene, M. (2005). Genocide in the Age of the Nation State. New York, Palgrave Macmillan.
  •  
  • Lewy, Guenter (2012). Essays on Genocide and Humanitarian Intervention. University of Utah Press. ISBN 978-1-60781-168-8.
  • Mamdani, M. (2001). When Victims Become Killers: Colonialism, Nativism, and the Genocide in Rwanda. Princeton, N.J., Princeton University Press.
  •  
  •  
  • Rotberg, Robert I.; Thomas G. Weiss (1996). From Massacres to Genocide: The Media, Public Policy, and Humanitarian Crises. Brookings Institution Press.  
  •  
  • Sagall, Sabby (2013). Final Solutions: Human Nature, Capitalism and Genocide. Pluto Press. p. 309.  
  •  
  • Schmid, A. P. (1991). Repression, State Terrorism, and Genocide: Conceptual Clarifications. State Organized Terror: The Case of Violent Internal Repression. P. T. Bushnell. Boulder, Colo.: Westview Press. 312 p.
  • Shaw, Martin (2007). What is Genocide?. Cambridge: Polity Press.  
  • . New York: Cambridge University Press. 978-0521-42214-7The roots of evil: The origins of genocide and other group violenceStaub, Ervin (1989).
  • . New York: Oxford University Press. 978-0-19-538204-4Overcoming Evil: Genocide, violent conflict and terrorismStaub, Ervin (2011).
  •  
  • Sunga, Lyal S. (1992). Individual Responsibility in International Law for Serious Human Rights Violations. Springer.  
  • Tams, Christian J.; Berster, Lars; Schiffbauer, Björn (2014). Convention on the Prevention and Punishment of the Crime of Genocide: A Commentary. Munich: C.H. Beck. ISBN 978-3-406-60317-4.
  • Totten, Samuel; William S. Parsons, and  
  • Valentino, Benjamin A. (2004). Final Solutions: Mass Killing and Genocide in the 20th Century.  
  • Van den Berghe, P. L. (1990). State Violence and Ethnicity. Niwot, Colo., University of Colorado Press.
  • Weitz, Eric D. (2003). A Century of Genocide: Utopias of Race and Nation.  
  • "Preventing Genocide and Mass Killing: The Challenge for the United Nations" (PDF). Archived from the original on 3 July 2007.  PDF (366 KB), report by Minority Rights Group International, 2006

Books

  • The Genocide in Darfur is Not What It Seems Christian Science Monitor
  • (in Spanish) Aizenstatd, Najman Alexander. "Origen y Evolución del Concepto de Genocidio". Vol. 25 Revista de Derecho de la Universidad Francisco Marroquín 11 (2007). ISSN 1562-2576 [2]
  • No Lessons Learned from the Holocaust? Assessing Risks of Genocide and Political Mass Murder since 1955 American Political Science Review. Vol. 97, No. 1. February 2003.
  • Harff, B. and T. R. Gurr (1988). "Toward Empirical Theory of Genocides and Politicides: Identification and Measurement of Cases since 1945." International Studies Quarterly 32: 359–371.
  • (in Spanish) Marco, Jorge. "Genocidio y Genocide Studies: Definiciones y debates", en: Aróstegui, Julio, Marco, Jorge y Gómez Bravo, Gutmaro (coord.): "De Genocidios, Holocaustos, Exterminios...", Hispania Nova, 10 (2012). Véase [3]
  • What Really Happened in Rwanda? Christian Davenport and Allan C. Stam.
  • Reyntjens, F. (2004). "Rwanda, Ten Years On: From Genocide to Dictatorship." African Affairs 103(411): 177–210.
  • Brysk, Alison. 1994. "The Politics of Measurement: The Contested Count of the Disappeared in Argentina." Human Rights Quarterly 16: 676–92.
  • Davenport, C. and P. Ball (2002). "Views to a Kill: Exploring the Implications of Source Selection in the Case of Guatemalan State Terror, 1977–1996." Journal of Conflict Resolution 46(3): 427–450.
  • Krain, M. (1997). "State-Sponsored Mass Murder: A Study of the Onset and Severity of Genocides and Politicides." Journal of Conflict Resolution 41(3): 331–360.

Articles

Further reading

  • Kakar, M. Hassan. Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982. Berkeley: University of California Press, 1995. ISBN 0-520-08591-4.
  • Lemkin, Raphael (1944). Axis Rule in Occupied Europe: Laws of Occupation – Analysis of Government – Proposals for Redress. Washington, D.C:  

References

  1. ^ genocide in the Oxford English Dictionary, 2nd ed.—"1944 R. Lemkin Axis Rule in Occupied Europe ix. 79 By ‘genocide’ we mean the destruction of a nation or of an ethnic group."
  2. ^ Office of the High Commissioner for Human Rights. Convention on the Prevention and Punishment of the Crime of Genocide Archived 2 May 2008 at the Wayback Machine
  3. ^ Video interview with Raphael Lemkin CBS news on YouTube
  4. ^ New York Times "[1]"
  5. ^ William Korey, "Raphael Lemkin: 'The Unofficial Man'," Midstream, June–July 1989, p. 45–48
  6. ^ Rubinstein, W. D. (2004). Genocide: a history. Pearson Education. p. 308.  
  7. ^ a b Robert Gellately & Ben Kiernan (2003). The Specter of Genocide: Mass Murder in Historical Perspective. Cambridge, UK: Cambridge University Press. p. 267.  
  8. ^ a b c Staub, Ervin (31 July 1992). The Roots of Evil: The Origins of Genocide and Other Group Violence. Cambridge, UK: Cambridge University Press. p. 8.  
  9. ^ 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).
  10. ^ See Vienna Convention on the Law of Treaties, opened for signature on 23 May 1969, United Nations Treaty Series, vol. 1155, No. I-18232.
  11. ^ 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.
  12. ^ European Court of Human Rights Judgement in Jorgic v. Germany (Application no. 74613/01) paragraphs 18, 36,74
  13. ^ European Court of Human Rights Judgement in Jorgic v. Germany (Application no. 74613/01) paragraphs 43–46
  14. ^ What is Genocide? McGill Faculty of Law (McGill University)
  15. ^ Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001)
  16. ^ a b Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)
  17. ^ 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."
  18. ^ 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, Resolution 827 (1993).
  19. ^ Resolution Resolution 1674 (2006)
  20. ^ Security Council passes landmark resolution – world has responsibility to protect people from genocide Oxfam Press Release – 28 April 2006
  21. ^ http://www.un.org/News/Press/docs/2008/sc9364.doc.htm
  22. ^ The Crime of Genocide in Domestic Laws and Penal Codes website of prevent genocide international.
  23. ^ William Schabas War crimes and human rights: essays on the death penalty, justice and accountability, Cameron May 2008 ISBN 1-905017-63-4, ISBN 978-1-905017-63-8. p. 791
  24. ^ a b Kurt Jonassohn & Karin Solveig Björnson, Genocide and Gross Human Rights Violations in Comparative Perspective: In Comparative Perspective, Transaction Publishers, 1998, ISBN 0-7658-0417-4, ISBN 978-0-7658-0417-4. pp. 133–135
  25. ^ 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.
  26. ^ M. Hassan Kakar 4. The Story of Genocide in Afghanistan: 13. Genocide Throughout the Country
  27. ^ Frank Chalk, Kurt Jonassohn The History and Sociology of Genocide: Analyses and Case Studies, Yale University Press, 1990, ISBN 0-300-04446-1
  28. ^ 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
  29. ^ 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
  30. ^ 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.
  31. ^ 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].
  32. ^ Polsby, Daniel D.; Kates, Don B., Jr. (3 November 1997). "OF HOLOCAUSTS AND GUN CONTROL". Washington University Law Quarterly 75 (Fall): 1237.  (cites Harff 1992, see other note)
  33. ^ Harff, Barbara (1992). Fein, Helen, ed. "Recognizing Genocides and Politicides". Genocide Watch (New Haven, CT: Yale University Press) 27: 37, 38. 
  34. ^ Domocide versus genocide; which is what?
  35. ^ Adrian Gallagher, Genocide and Its Threat to Contemporary International Order (Palgrave Macmillan, 2013) p. 37.
  36. ^ 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
  37. ^ (See for example the submission by Agent of the United States, Mr. David Andrews to the ICJ Public Sitting, 11 May 1999)
  38. ^ 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."
  39. ^ Oxford English Dictionary "Genocide" citing Sunday Times 21 October 1945
  40. ^ Staff. Bosnian genocide suspect extradited, BBC, 2 April 2002
  41. ^ European Court of Human Rights. Jorgic v. Germany Judgment, 12 July 2007. § 47
  42. ^ 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)
  43. ^ "Courte: Serbia failed to prevent genocide, UN court rules". The San Francisco Chronicle. Associated Press. 26 February 2007. 
  44. ^ ECHR Jorgic v. Germany. § 42 citing Prosecutor v. Krstic, IT-98-33-T, judgment of 2 August 2001, §§ 580
  45. ^ 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 amounted to persecution, not genocide.
  46. ^ ICJ press release 2007/8 26 February 2007
  47. ^ http://icty.org/x/cases/krajisnik/cis/en/cis_krajisnik_en.pdf
  48. ^ Staff (5 November 2009). "Q&A: Karadzic on trial". BBC News. Retrieved 28 January 2010. 
  49. ^ Staff (26 May 2011). "Q&A: Ratko Mladic arrested: Bosnia war crimes suspect held". BBC News. Retrieved 28 May 2011. 
  50. ^ These figures need revising they are from the ICTR page which says see www.ictr.org
  51. ^ Cambodian Genocide Program, Yale University's MacMillan Center for International and Area Studies
  52. ^ "A/RES/57/228B". 2003-05-022. Retrieved 11 December 2010. 
  53. ^ a b Doyle, Kevin. "Putting the Khmer Rouge on Trial", Time, 26 July 2007
  54. ^ MacKinnon, Ian "Crisis talks to save Khmer Rouge trial", The Guardian, 7 March 2007
  55. ^ The Khmer Rouge Trial Task Force, Royal Cambodian Government
  56. ^ Case 002 The Extraordinary Chambers in the Courts of Cambodia. Retrieved 14 August 2014
  57. ^ Former Khmer Rouge leaders begin genocide trial BBC. 30 July 2014
  58. ^ a b Buncombe, Andrew (11 October 2011). "Judge quits Cambodia genocide tribunal".  
  59. ^ Ker Munthit (12 August 2008). "Cambodian tribunal indicts Khmer Rouge jailer".  
  60. ^ "Kaing Guek Eav alias Duch Sentenced to Life Imprisonment by the Supreme Court Chamber". Extraordinary Chambers in the Courts of Cambodia. 3 February 2012. Retrieved April 2012. 
  61. ^ a b c "Case 002". Extraordinary Chambers in the Courts of Cambodia. Retrieved April 2012. 
  62. ^ a b c d "002/19-09-2007: Closing Order" (PDF). Extraordinary Chambers in the Courts of Cambodia. 15 September 2010. Retrieved April 2012. 
  63. ^ "002/19-09-2007: Decision on immediate appeal against Trial Chamber's order to release the accused Ieng Thirith" (PDF). Extraordinary Chambers in the Courts of Cambodia. 13 December 2011. Retrieved April 2012. 
  64. ^ Statement by Carolyn Willson, Minister Counselor for International Legal Affairs, on the Report of the ICC, in the UN General Assembly PDF (123 KB) 23 November 2005
  65. ^ Jafari, Jamal and Paul Williams (2005) "Word Games: The UN and Genocide in Darfur" JURIST
  66. ^ POWELL DECLARES KILLING IN DARFUR 'GENOCIDE', The NewsHour with Jim Lehrer, 9 September 2004
  67. ^ a b Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General PDF (1.14 MB), 25 January 2005, at 4
  68. ^ Security Council Resolution 1593 (2005) PDF (24.8 KB)
  69. ^ SECURITY COUNCIL REFERS SITUATION IN DARFUR, SUDAN, TO PROSECUTOR OF INTERNATIONAL CRIMINAL COURT, UN Press Release SC/8351, 31 March 2005
  70. ^ 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, 14 December 2006.
  71. ^ 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
  72. ^ ICC issues a warrant of arrest for Omar Al Bashir, President of Sudan (ICC-CPI-20090304-PR394), ICC press release, 4 March 2009
  73. ^ Adam Jones (2010), Genocide: A Comprehensive Introduction (2nd ed.), p.271. – "'" Next to the Jews in Europe," wrote Alexander Werth', "the biggest single German crime was undoubtedly the extermination by hunger, exposure and in other ways of . . . Russian war prisoners." Yet the murder of at least 3.3 million Soviet POWs is one of the least-known of modern genocides; there is still no full-length book on the subject in English. It also stands as one of the most intensive genocides of all time: "a holocaust that devoured millions," as Catherine Merridale acknowledges. The large majority of POWs, some 2.8 million, were killed in just eight months of 1941–42, a rate of slaughter matched (to my knowledge) only by the 1994 Rwanda genocide."
  74. ^ Pair guilty of 'insulting Turkey', BBC News, 11 October 2007.
  75. ^ Rubinstein, W. D. (2004). Genocide: a history. Pearson Education. p.7. ISBN 0-582-50601-8
  76. ^ a b M. Hassan Kakar Chapter 4. The Story of Genocide in Afghanistan Footnote 9. Citing Horowitz, quoted in Chalk and Jonassohn, Genocide, 14.
  77. ^ M. Hassan Kakar Chapter 4. The Story of Genocide in Afghanistan Footnote 10. Citing For details, see Carlton, War and Ideology.
  78. ^ M. Hassan Kakar, Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982,