Elements of the Crime of Genocide

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Elements of the Crime of Genocide
From the Report of the Preparatory Commission for the International Criminal Court, 6 July 2000

This new text of elements of crimes - agreed upon by the Preparatory Commission for the International Criminal Court (PrepComm) in New York on June 30, 2000 - represents an important step in clarifying the internationally-accepted legal definition of the crime of genocide. The list of elements for each act provides a precise checklist in making an initial evaluation of the legal basis for whether or not a particular act can be considered an act of genocide.

Genocide is first and foremost a crime (and only secondarily a historical event or sociological process). Therefore a judgment as to whether a specific act is an act of genocide should eventually be made by a court having jurisdiction over the crime. When a crime is ongoing (or when the perpetrators are likely to repeat the offense) of special urgency is the duty of governmental authorities to enforce the law by acting to halt or suppress the crime. In such cases enforcing the law means protecting potential victims and apprehending suspected perpetrators.

A person with knowledge of such a crime has a duty to alert authorities and continue telling others until appropriate action is taken. Additionally persons with such knowledge have a duty to assist victims, and warn other potential victims targeted by the perpetrators.In the case of "initial acts in an emerging pattern" of genocide [see note below], prompt action is essential to save threatened population groups from greater destruction.

Act:	Genocide by killing	Genocide by causing serious bodily or mental harm	Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction	Genocide by imposing measures intended to prevent births	Genocide by forcibly transferring children
Conduct	1. The perpetrator killed one or more persons.	1. The perpetrator caused serious bodily or mental harm to one or more persons	1. The perpetrator inflicted certain conditions of life upon one or more persons.	1. The perpetrator imposed certain measures upon one or more persons.	1. The perpetrator forcibly transferred one or more persons.
Note	Note: The term "killed" is interchangeable with the term "caused death".	Note: This conduct may include, but is not necessarily restricted to, acts of torture, rape, sexual violence or inhuman or degrading treatment.	Note: The term "conditions of life" may include, but is not necessarily restricted to, deliberate deprivation of resources indispensable for survival, such as food or medical services, or systematic expulsion from homes.		Note: The term "forcibly" is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment.
Conse- quences and Circum-stances			4. The conditions of life were calculated to bring about the physical destruction of that group, in whole or in part.	4. The measures imposed were intended to prevent births within that group.	4. The transfer was from that group to another group.
					5. The person or persons were under the age of 18 years.
					6. The perpetrator knew, or should have known, that the person or persons were under the age of 18 years.
	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.
Intent	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.
Context	4. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.	4. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.	5. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.	5. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.	7. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.
Note	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification

Final draft text of the Elements of Crimes, agreed upon by the ICC Preparatory Commission at its fifth session in New York, 12-30 June 2000 http://www.un.org/law/icc/statute/elements/elemfra.htm

Explanatory note: The elements of the crime of genocide follows the corresponding provisions of Articles 6 of the Rome Statute of the International Criminal Court of 1998 and Article II of the the Convention for the Prevention and Punishment of Genocide of 1948.

[The future International Criminal Court will have jurisdiction only over crimes committed after the entry into force of the Rome Statute (on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification) and only not over crimes committed on the territory of nations which have not ratified the Rome Statute, unless the person accused of the crime is a national of a nation which ratified the Rome Statute. See Articles 11, 126]

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