Genocide - (3) - Further points

Previous posts -

Watching the Law: Genocide - (1) - Basic details

Watching the Law: Genocide - (2) - The elements of the offence

Aim of this post -

This post considers three further questions concerning genocide - (i) identifying the protected group or groups, (ii) whether acts of genocide always require an underlying genocidal policy by a state or organized authority, (iii) how to discern genocidal intent.

Identifying the protected group -

The 1948 convention applies to protected groups -

Genocide - (2) - The elements of the offence

An earlier post looked at the basics of the offence of Genocide as defined by the 1948 Convention.

This post considers the elements of the offence in greater detail. Links to some decided cases are provided to assist those who wish to delve more deeply into this subject.

*** The elements of the offence of Genocide ***

The elements of genocide can be considered under the headings Objective Elements and Subjective Elements. 

* Objective Elements *

The conduct that may amount to genocide is set out by the 1948 Convention under 5 headings -

Genocide - (1) - Basic details

The 1946 General Assembly Resolution -

In the aftermath of World War 2, the United Nations General Assembly passed - United Nations General Assembly Resolution 96. This began -

"Genocide is a denial of the right of existence of entire human groups, as homicide is the denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and to the spirit and aims of the United Nations.

Many instances of such crimes of genocide have occurred when racial, religious, political, and other groups have been destroyed, entirely or in part.

The punishment of the crime of genocide is a matter of international concern."

The General Assembly then affirmed - 

Aggression - Ukraine

 " ... aggression, ... is not only an international crime;  it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole." - Nuremberg judgment 1 October 1946

The former Prime Minister Gordon Brown and many others are calling for a Special Tribunal to be created with a view to trying the Russian President (Vladimir Putin) and his accomplices for the Crime of Aggression in Ukraine -

Press Release: Calling for the Creation of a Special Tribunal for the Punishment of the Crime of Aggression against Ukraine | The Office of Gordon & Sarah Brown (gordonandsarahbrown.com)

and please read the Statement and Declaration.

Aggression - its definition and ICC jurisdiction:

The International Criminal Court (ICC) is founded by the Rome Statute of 17 July 1998 - Rome_Statute_English.pdf (icc-cpi.int). 

The Statute defines the crime of aggression in Article 8 bis which was added to the Statute following the Kampala Review Conference held in 2010 

Reaching agreement

Russia and Ukraine

The Russian action in Ukraine has been rightly condemned by the British government and by most other governments, international bodies, non-governmental organisations such as Amnesty International, and by individual opinion worldwide.

The United Nations General Assembly has demanded Russian withdrawal from Ukraine - General Assembly resolution demands end to Russian offensive in Ukraine | | UN News - and the United Nations Human Rights Council is establishing a Commission of Inquiry on Ukraine - Human Rights Council to establish Commission of Inquiry on Ukraine | | UN News

Links to the wide-ranging actions taken by other bodies are in this post on my Law and Lawyers blog - Conflict in Ukraine (3) - Reaction - UN, Council of Europe, EU, ICC, ICJ (obiterj.blogspot.com)

Crimea:

Since the occupation of Crimea by Russia in 2014 there have been - 

• allegations of human rights abuses by Russia against the Tatar people in Crimea

and

• allegations by Russia concerning human rights abuses by Ukraine and also removal of water supply to Crimea.

Tatar people:

In 2021, the UK government

Ukraine v Russia ~ 1948 Genocide Convention

The International Court of Justice (ICJ) announced an application by Ukraine to institute proceedings against Russia.

Latest developments | Proceedings instituted by Ukraine against the Russian Federation on 26 February 2022 | International Court of Justice (icj-cij.org)

Doc.9_Convention on the Prevention and Punishment of the Crime of Genocide.pdf

1 March 2022

Update 16 March 2022

The Court indicates provisional measures (icj-cij.org) - Order of 16 March 2022 - Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide - Ukraine v Russian Federation.