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 |