(a) Killing members of the group Genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such: (a) Killing members of the group (b) Causing serious bodily or mental harm to members of the group (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part The term GENOCIDE did not exist before 1944.

(d) Imposing measures intended to prevent births within the group (e) Forcibly transferring children of the group to another Convention on the Prevention and Punishment of Genocide Genocidal acts need not kill or cause the death of members of a group. Causing serious bodily or mental harm, prevention of births and transfer of children are acts of genocide when committed as part of a policy to destroy a group’s existence. It is a crime to plan or incite genocide, even before killing starts, and to aid or abet genocide. The crime of genocide has two elements: intent and action. The law protects four groups: national, ethnical, racial or religious groups.

Punishable Acts The following are genocidal acts when committed as part of a policy to destroy a group’s existence: Killing members of the group includes direct killing and actions causing death. Causing serious bodily or mental harm includes inflicting trauma on members of the group through widespread torture, rape, sexual violence, forced or coerced use of drugs, and mutilation. Deliberately inflicting conditions of life calculated to destroy a group includes the deliberate deprivation of resources needed for the group’s physical survival, such as clean water, food, clothing, shelter or medical services. Deprivation of the means to sustain life can be imposed through confiscation of harvests, blockade of foodstuffs, detention in camps, forcible relocation or expulsion into deserts.

Prevention of births includes involuntary sterilization, forced abortion, prohibition of marriage, and long-term separation of men and women intended to prevent procreation. Forcible transfer of children may be imposed by direct force or through fear of violence, duress, detention, psychological oppression or other methods of coercion. The Convention on the Rights of the Child defines children as persons under the age of 14 years.

Genocidal acts need not kill or cause the death of members of a group Genocidal acts need not kill or cause the death of members of a group. Causing serious bodily or mental harm, prevention of births and transfer of children are acts of genocide when committed as part of a policy to destroy a group’s existence. It is a crime to plan or incite genocide, even before killing starts, and to aid or abet genocide: Criminal acts include conspiracy, direct and public incitement, attempts to commit genocide, and complicity in genocide.

The crime of genocide has two elements: intent and action The crime of genocide has two elements: intent and action. “Intentional” means purposeful. Intent can be proven directly from statements or orders. But more often, it must be inferred from a systematic pattern of coordinated acts. Intent is different from motive. Whatever may be the motive for the crime (land expropriation, national security, territorrial integrity, etc.,) if the perpetrators commit acts intended to destroy a group, even part of a group, it is genocide.

The phrase “in whole or in part” is important The phrase “in whole or in part” is important. Perpetrators need not intend to destroy the entire group. Destruction of only part of a group (such as its educated members, or members living in one region) is also genocide. Most authorities require intent to destroy a substantial number of group members – mass murder. But an individual criminal may be guilty of genocide even if he kills only one person, so long as he knew he was participating in a larger plan to destroy the group.

The law protects four groups - national, ethnical, racial or religious groups. A national group means a set of individuals whose identity is defined by a common country of nationality or national origin. An ethnical group is a set of individuals whose identity is defined by common cultural traditions, language or heritage. A racial group means a set of individuals whose identity is defined by physical characteristics. A religious group is a set of individuals whose identity is defined by common religious creeds, beliefs, doctrines, practices, or rituals.

What is Genocide? The term “genocide” did not exist before 1944. It is a very specific term, referring to violent crimes committed against groups with the intent to destroy the existence of the group. Human rights, as laid out in the U.S. Bill of Rights or the 1948 United Nations Universal Declaration of Human Rights, concern the rights of individuals.

Genocide is a process that develops in ten stages that are predictable but not inexorable. Later stages must be preceded by earlier stages, but all stages continue to operate throughout the process. At each stage, preventative measures can stop it.

Stage One - Classification All cultures have categories to distinguish themselves into “us” and “them” by ethnicity, race, religion or nationality. Societies that identify their population by categories like black/white or Muslim/Christian

Preventing Genocide The promotion of tolerance and understanding that promotes the classifications beyond the divisions that it creates; search for a common bond Example: The Catholic Church could have played this role in Rwanda but didn’t because it recognized the same ethnic divisions as Rwandan society.

Stage Two - Symbolization We give names or other symbols to the classifications.

Preventing Genocide Hate symbols can be legally forbidden as can hate speech but must be supported by popular cultural enforcement Examples: Swastikas outlawed in Germany; gang clothing or tribal scarring outlawed Denial of symbolization is also powerful Example: Many non-Jews decided to wear the yellow star depriving it of its significance as a Nazi symbol for Jews

Classification and symbolization are universally human and do not necessarily result in genocide unless they lead to the next stage …

Stage Three: Discrimination A dominant group uses law, custom, and political power to deny the rights of other groups. The powerless group may not be accorded civil rights, voting rights, or even citizenship. Ex) The Nuremberg Laws of 1935 in Nazi Germany, which stripped Jews of their German citizenship, and prohibited their employment by the government. Denial of citizenship of the Rohingya Muslim minority in Myanmar is a current example

Preventing Genocide  Prevention against discrimination means full political empowerment and citizenship rights for all groups in a society. Discrimination on the basis of nationality, ethnicity, race or religion should be outlawed. Individuals should have the right to sue the state, corporations, and other individuals if their rights are violated.

Stage Four - Dehumanization One group denies the humanity of the other group equating them with animals, vermin, insects or diseases This overcomes the normal human revulsion against murder and is often done through hate propaganda in print or radio to vilify the group.

Preventing Genocide Genocidal societies lack constitutional protections against hateful speech Hate crimes and atrocities need to be promptly punished Example: In Rwanda the hate radio stations should have been shut down and hate propaganda banned

Stage Five - Organization Genocide is always organized, usually by the state, often using militia to provide deniability of state responsibility Sometimes organization is informal (mobs) or decentralized (terrorist groups) Special army units or militias are often trained and armed and plans are made for genocidal killings

Preventing Genocide Membership in militias should be outlawed Deny leaders visas for foreign travel The U.N. could impose arms embargoes and create commissions to investigate countries who violate embargo Example: Post-genocide Rwanda

Stage Six - Polarization Extremists drive the groups apart; hate groups broadcast polarizing propaganda; laws are made forbidding intermarriage or social interaction Extremists target moderates by intimidation and silencing the center

Preventing Genocide Security protection for moderate leaders International assistance to human rights groups Assets of extremists seized Coups opposed by international sanctions

Stage Seven - Preparation Victims are identified and separated out because of their ethnic or religious identity; death lists are drawn up; members of certain groups are forced to wear identifying symbols Their property is often expropriated and they are segregated into ghettos or deported to concentration camps or confined to a famine struck region and starved

Preventing Genocide A Genocide Alert must be called U.S. NATO and U.N. security Council should mobilize an armed international intervention Assistance to victim group for self-defense

Stage Eight: Persecution Victims are identified and separated out because of their ethnic or religious identity. Death lists are drawn up. Their property is often expropriated. Sometimes they are even segregated into ghettoes, deported into concentration camps, or confined to a famine-struck region and starved. They are deliberately deprived of resources such as water or food in order to slowly destroy them. Programs are implemented to prevent procreation through forced sterilization or abortions. Children are forcibly taken from their parents.  

The victim group’s basic human rights become systematically abused through extrajudicial killings, torture and forced displacement.   Genocidal massacres begin. They are acts of genocide because they intentionally destroy part of a group. The perpetrators watch for whether such massacres meet any international reaction. If not, they realize that that the international community will again be bystanders and permit another genocide.

Preventing Genocide  At this stage, a Genocide Emergency must be declared. If the political will of the great powers, regional alliances, or U.N. Security Council or the U.N. General Assembly can be mobilized, armed international intervention should be prepared, or heavy assistance provided to the victim group to prepare for its self- defense. Humanitarian assistance should be organized by the U.N. and private relief groups for the inevitable tide of refugees to come.

Stage Nine - Extermination When it begins it quickly becomes mass killing; considered extermination by the killers because they do not believe their victims to be fully human When state sponsored the armed forces often work with the militias to do the killing

Preventing Genocide Only rapid and overwhelming armed intervention can stop genocide Real safe areas and refugee escape corridors established If the U.N. won’t intervene then militarily powerful nations should assist (U.S.)

Stage Ten - Denial This stage always follows a genocide – mass graves are dug up and bodies burned; evidence covered up and witnesses are intimidated Denial that any crimes have been committed; blame laid on the victims; investigations are blocked; perpetrators continue to rule until driven from power when they then flee into exile trying to remain without impunity.

Preventing Genocide Punishment by an international tribunal or national courts Examples: Tribunals like those in Bosnia, Rwanda or Sierra Leone; International Criminal Court (The Hague)