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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 ...
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 ...
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 ...
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 is harder to show than other violations of international humanitarian law, such as war crimes and crimes against humanity, because it requires evidence of specific intent.
The Genocide Convention establishes five prohibited acts that, when committed with the requisite intent, amount to genocide. Genocide is not just defined as wide scale massacre-style killings that are visible and well-documented. International law recognizes a broad range of forms of violence in which the crime of genocide can be enacted. [15]
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. [a] [1] Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by means such as "the disintegration of [its] political and social institutions, of [its] culture, language, national feelings, religion, and [its ...
The International Court of Justice will hold hearings this week on a case brought by South Africa accusing Israel of genocide in the Gaza war and seeking an emergency suspension of its military ...