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The contextual element of genocide is an ongoing issue in the jurisprudence of genocide. The question of whether a genocidal policy or plan is an element of the crime of genocide has implications for the rights of the accused, the right to have the law interpreted in their favor where it is ambiguous, and the risk of harm from a theory of culpability that could be satisfied by simple ...
Scholarship varies on the definition of genocide employed when analysing whether events are genocidal in nature. [2] The United Nations Genocide Convention, not always employed, 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 ...
Genocide can be defined through three lenses: legal, social scientific, and conventional, according to Alexander Hinton, UNESCO Chair on genocide prevention at Rutgers University in New Jersey.
A key part of that lofty aspiration was the drafting of a convention that codified and committed nations to prevent and punish a new crime, sometimes called the crime of crimes: genocide. The ...
Washington and Kyiv are accusing Russia of genocide in Ukraine, but the ultimate war crime has a strict legal definition and has rarely been proven in court since it was cemented in humanitarian ...
Raphael Lemkin, a lawyer of Polish-Jewish descent who initiated the Genocide Convention, assumed that genocide was perpetrated in the context of the mass deportation of the Chechens, Ingush, Volga Germans, Crimean Tatars, Kalmyks and Karachay. [140] German investigative journalist Lutz Kleveman compared the deportation to a "slow genocide". [141]
Genocidal intent is the specific mental element, or mens rea, required to classify an act as genocide under international law, [1] particularly the 1948 Genocide Convention. [2] To establish genocide, perpetrators must be shown to have had the dolus specialis , or specific intent , to destroy a particular national, ethnic, racial, or religious ...
The U.S. has not observed acts in Gaza that constitute genocide, State Department spokesperson Matthew Miller said on Wednesday, after South Africa launched genocide proceedings at the ...