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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 ...
It includes both massacres of native Indian populations, as well as other aspects of cultural genocide as defined by the United Nations. [2] [3] [4] Native American genocide in the United States Long Walk of the Navajo: the 1864 deportation and ethnic cleansing of the Navajo people by the United States federal government. California genocide
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 ...
Part of a series on Genocide Issues List of genocides Genocides in history Before WWI WWI–WWII 1946–1999 21st century Effects on youth Denial Massacre Rape Incitement In relation to Colonialism / War Perpetrators, victims, and bystanders Prevention Psychology Recognition politics Risk factors Stages Types Anti-Indigenous Cultural Paper Utilitarian Studies Outline Bibliography Related ...
Genocide justification is the claim that a genocide is morally excusable/defensible, necessary, and/or sanctioned by law. [1] Genocide justification differs from genocide denial , which is an attempt to reject the occurrence of genocide.
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.
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 ...
Raphael Lemkin, who coined the term "genocide", considered the displacement of Native Americans by European settlers as a historical example of genocide. [7] Others, like historian Gary Anderson, contend that genocide does not accurately characterize any aspect of American history, suggesting instead that ethnic cleansing is a more appropriate ...