Difference between revisions of "Genocide" - New World Encyclopedia

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Lemkin's original genocide definition was narrow, as it addressed only crimes against "national groups" rather than "groups" in general. At the same time, it was broad in that it included not only physical genocide, but also acts aimed at destroying the culture and livelihood of the group.
 
Lemkin's original genocide definition was narrow, as it addressed only crimes against "national groups" rather than "groups" in general. At the same time, it was broad in that it included not only physical genocide, but also acts aimed at destroying the culture and livelihood of the group.
 
==Genocide as a crime under international law==
 
In the wake of the so-called [[The Holocaust|Holocaust]] committed by the [[Nazism|Nazis]], Lemkin successfully campaigned for the universal acceptance of [[international law]]s, defining and forbidding genocide. This was achieved in 1948, with the promulgation of the ''Convention on the Prevention and Punishment of the Crime of Genocide''.
 
 
The CPPCG was adopted by the [[UN General Assembly]] on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally-recognized definition of genocide which was incorporated into the national criminal legislation of many countries, and was also adopted by the [[Rome Statute of the International Criminal Court]], the treaty that established the [[International Criminal Court]] (ICC). The Convention (in article 2) defines genocide as "any of the following acts committed with 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;
 
:(d) Imposing measures intended to prevent births within the group;
 
:(e) Forcibly transferring children of the group to another group.
 
 
The first draft of the Convention included political killings but the [[USSR]] did not accept that actions against groups identified as holding similar [[politics|political opinion]] or [[social status]], that would constitute genocide if carried out against an ethnic group, was genocide. So they were removed in a political and diplomatic compromise.
 
 
After the minimum 20 countries became parties to the Convention, it came into force as international law on 12 January 1951. At that time however, only two of the five permanent members of the [[UN Security Council]] (UNSC) were parties to the treaty: [[France]] and the [[Republic of China]]. Eventually the [[Soviet Union]] ratified in 1954, the [[United Kingdom]] in 1970, the [[People's Republic of China]] in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the [[United States]] in 1988. This long delay in support for the Genocide Convention by the world's most powerful nations caused the Convention to languish for over four decades. Only in the 1990s did the international law on the crime of genocide begin to be enforced.
 
 
==Criticisms of the CPPCG==
 
Much debate about genocides revolves around the proper definition of the word "genocide." The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example M. Hassan Kakar in his book ''The Soviet Invasion and the Afghan Response, 1979-1982''<ref>M. Hassan Kakar ''[http://content.cdlib.org/xtf/view?docId=ft7b69p12h&brand=eschol Afghanistan: The Soviet Invasion and the Afghan Response, 1979-1982] [[University of California]] press © 1995 The Regents of the University of California.</ref> argues that the international definition of genocide is too restricted
 
<ref>M. Hassan Kakar [http://content.cdlib.org/xtf/view?docId=ft7b69p12h&chunk.id=d0e5195&toc.depth=1&toc.id=d0e5195&brand=eschol 4. The Story of Genocide in Afghanistan: 13. Genocide Throughout the Country]</ref>, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: “Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator.”<ref>Frank Chalk, Kurt Jonassohn ''The History and Sociology of Genocide : Analyses and Case Studies'', Yale University Press, 1990, ISBN 0300044461</ref>
 
 
According to [[R. J. Rummel]], genocide has 3 different meanings. The ordinary meaning is murder by government of people due to their national, ethnical, racial, or religious group membership. The legal meaning of genocide refers to  the international treaty, the ''Convention on the Prevention and Punishment of the Crime of Genocide''. This also includes nonkillings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term [[democide]] for the third meaning.<ref>[http://www.hawaii.edu/powerkills/GENOCIDE.HTM Domocide versus genocide; which is what?]</ref>
 
 
A major criticism of the international community's response to the Rwandan Genocide was that it was reactive, not proactive. The international community has developed a mechanism for prosecuting the perpetrators of genocide but has not developed the will or the mechanisms for intervening in a genocide as it happens. Critics point to the [[Darfur conflict]] and suggest that if anyone is found guilty of genocide after the conflict either by prosecutions brought in the International Criminal Court or in an ''ad hoc'' International Criminal Tribunal, this will confirm this perception.
 
 
==International prosecution of genocide==
 
All signatories to the CPPCG are required to prevent and punish acts of genocide, both in peace and wartime, though some barriers make this enforcement difficult. In particular, some of the signatories &mdash; namely, [[Bahrain]], [[Bangladesh]], [[India]], [[Malaysia]], the [[Philippines]], [[Singapore]], the [[United States]], [[Vietnam]], [[Yemen]], and [[Yugoslavia]] &mdash; signed with the proviso that no claim of genocide could be brought against them at the [[International Court of Justice]] without their consent<ref>[http://www.unhchr.ch/html/menu3/b/treaty1gen.htm United Nations Treaty Collection (As of 9 October 2001): Convention on the Prevention and Punishment of the Crime of Genocide] on the web site of the [http://www.ohchr.org/english/ Office of the United Nations High Commissioner for Human Rights]</ref>. Despite official protests from other signatories (notably [[Cyprus]] and [[Norway]]) on the ethics and legal standing of these reservations, the [[immunity (legal)|immunity]] from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by Yugoslavia following the 1999 [[Kosovo War]].
 
 
It is commonly accepted that, at least since [[World War II]], genocide has been illegal under [[custom (law)|customary international law]] as a [[peremptory norm]], as well as under [[treaty|conventional international law]]. Acts of genocide are generally difficult to establish, for prosecution, since intent, demonstrating a chain of accountability, has to be established.  International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
 
 
To date all international prosecutions for genocide have been brought in specially convened international tribunals. Since [[2002]], the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.<ref>[http://www.amicc.org/docs/U.S.%20statement%20on%20ICC%20draft%20resolution_23Nov051.pdf Statement by  Carolyn Willson, Minister Counselor for International Legal Affairs, on the Report of the ICC, in the UN General Assembyy](PDF) [[November 23]] 2005</ref>
 
 
====Armenian Genocide Trials====
 
The post-Ottomon Turkish government convicted several Ottoman Turkish leaders for their orchestration of the [[Armenian Genocide]]. Most of these leaders were allowed to leave for Europe. The lack of an international effort to prosecute the Ottomans played a significant role in motivating Adolf Hitler and the Nazi's to seek "the final solution of the Jewish problem". Hitler is known to have stated" Whom even remembers the Armenians" .
 
 
====Nuremberg Trials====
 
{{Main|Nuremberg Trials}}
 
 
The Nuremberg Trials is the general name for two sets of trials of [[Nazism|Nazis]] involved in [[World War II]] and [[the Holocaust]]. The trials were held in the [[Germany|German]] city of [[Nuremberg]] from 1945 to 1949 at the [[Nuremberg Palace of Justice]] . The first and more famous of these trials was the '''Trial of the Major War Criminals Before the International Military Tribunal''' or IMT, which tried 24 of the most important captured (or still believed to be alive) leaders of Nazi Germany. It was held from November 20, 1945 to October 1, 1946.
 
 
====Former Yugoslavia====
 
 
The [[International Criminal Tribunal for the Former Yugoslavia]] (ICTY) is a court under the auspices of the [[United Nations]] for the prosecution of genocide and certain other types of crime committed in [[Socialist Federal Republic of Yugoslavia|former Yugoslavia]] since 1991.  The tribunal functions as an ad-hoc court and is located in [[The Hague]]. It was established by [[UN Security Council Resolution 827|Resolution 827]] of the [[UN Security Council]], which was passed on May 25, 1993.
 
 
Some of those found guilty of Genocide or crimes against humanity are:
 
*[[Milan Babić]] (deceased), [[RSK|Krajina]] Serb , prime minister of [[Republika Srpska Krajina]] (Serb self proclaimed entity in Croatia); sentenced to thirteen years for his part in ethnic cleansing.
 
*[[Vidoje Blagojevic]], Bosnian Serb, a Bosnian Serb Army officer, sentenced to 18 years for involvement in the [[Srebrenica massacre]].
 
*[[Dragan Jokic]], Bosnian Serb, sentenced to 9 years for involvement in Srebrenica massacre.
 
*[[Radislav Krstic]], Bosnian Serb, Bosnian Serb Army general; sentenced to thirty-five years (originally forty-six years) for genocide, crimes against humanity and violations of the laws or customs of war.
 
 
====Rwanda====
 
 
The [[International Criminal Tribunal for Rwanda]] ('''ICTR''') is a court under the auspices of the [[United Nations]] for the prosecution of offenses committed in [[Rwanda]] during the [[Rwandan genocide|genocide which occurred there]] during April, 1994, commencing on [[April 6]]. The ICTR was created on [[November 8]], [[1994]] by the Security Council of the United Nations in order to judge those people responsible for the acts of  genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between January 1 and December 31, 1994.
 
 
So far, the ICTR has finished nineteen trials and convicted twenty five accused persons.  Another twenty five persons are still on trial.  Nineteen are awaiting trial in detention.  Ten are still at large.  The first trial, of [[Jean Akayesu|Jean-Paul Akayesu]], began in 1997.  [[Jean Kambanda]], interim Prime Minister, pleaded guilty.<ref>These figures need revising they are from the [[ICTR]] page which says see [http://www.ictr.org www.ictr.org]</ref>
 
 
==Genocide as a crime under domestic law==
 
===Belgium===
 
In 1993 [[Belgium]] had adopted [[universal jurisdiction]], allowing prosecution of genocide, committed by anybody in the world. The practice was widely applauded by many [[human rights]] groups, because it made legal action possible to perpetrators who did not have a direct link with Belgium, and whose victims were not Belgian citizens or residents. Ten years later in 2003, Belgium repealed the law on universal jurisdiction. However, some cases which had already started continued. These incuded those concerning the Rwandan genocide, and complaints filed against the Chadian ex-President [[Hissène Habré]]. <ref>[http://www.hrw.org/press/2003/08/belgium080103.htm Belgium: Universal Jurisdiction Law Repealed] web page on [[Human Rights Watch]] [[August 1]], 2003</ref>
 
 
===Finland===
 
Genocide has been criminalized as a separate crime in [[Finland]] since 1995 and carries a penalty from 4 years to life sentence<ref>[http://www.preventgenocide.org/fi/rikoslaki.htm#trans Finnish Penal Code, Chapter 11, Sections 6-8 on Genocide, Preparation for Genocide and Ethnic Agitation]</ref>. Attempted genocide or planning it are punishable. Genocide, as a number of other crimes of international nature is inside Finnish universal jurisdiction, but under Chapter 1, Section 12 of the Penal Code, incidents of it abroad may not be investigated unless the Prosecutor General gives an order to do this.<ref name="TRT">
 
[http://www.redress.org/conferences/country%20studies.pdf Universal jurisdiction in the European Union](PDF) published by [[Redress Trust|The Redress Trust]] Registered Charity Number 1015787, A Limited Company in England Number 2274071</ref>
 
 
The pressure group "[[Falun Dafa]] in Europe" on their website report that in 2003 "the Finnish human right lawyer Mr. Erkki Kannsto filed a criminal lawsuit against [[Luo Gan]] with the National Criminal Prosecutor Office and the Police Department in Helsinki on September 11 2003, on the charges of “cruel torture” and “genocide.” ... The Finnish Office of the Prosecutor General and the Police Department immediately carried out an investigation into the case after accepting the lawsuit"<ref>[http://www.clearharmony.net/articles/200309/15155.html Luo Gan Faced a Criminal Lawsuit in Finland] [[16 September]] 2003 </ref>. However, Luo Gan returned to China before any further action was taken by Finnish authorities.<ref name="TRT"/>
 
 
===France===
 
In December 2005 despite attempts by the French Defence Ministry to stop him, Jacques Baillet the prosecutor at the army tribunal, has begun an investigation into the role of  the French army during the genocide in Rwanda. The 2,500 member French peace keeping force, that was sent to Rwanda in 1994 by [[François Mitterrand]] who was the French President at the time, is accused not only of not stopping the genocide, but of actively participating in it. The allegations of participation are brought by two witnesses who the prosecutor thinks are credible enough to warrant an inquiry. Aurea Mukakalisa says she saw Hutu militia enter a camp set up by the French army and designated Tutsis who were forced to leave the camp by French soldiers. She says that she saw militia kill the Tutsis who left the camp and that some Tutsis were killed by French soldiers. A second witness Innocent Gisanura says that French soldiers remained in their vehicles and did not intervene in the killing of Tutsis by members of the Hutu militia in the [[Biserero]] forests.<ref>[http://www.timesonline.co.uk/article/0,,3-1959137,00.html French Army faces inquiry on genocide in Rwanda] by Adam Sage in [[The Times]] [[26 December]] [[2005]]</ref>
 
 
===Netherlands===
 
Dutch law restricts prosecutions for genocide to its nationals. On December 23 2005 a Dutch court ruled in a case brought against [[Frans van Anraat]] for supplying chemicals to Iraq, that "[it] thinks and considers legally and convincingly proven that the Kurdish population meets the requirement under the genocide conventions as an ethnic group. The court has no other conclusion that these attacks were committed with the intent to destroy the Kurdish population of Iraq." and because he supplied the chemicals before 16 March 1988, the date of the [[Halabja poison gas attack]],  he is guilty of a war crime but not guilty of complicity in genocide.<ref name="indi_051224">[http://news.independent.co.uk/europe/article334972.ece Dutch court says gassing of Iraqi Kurds was 'genocide'] by Anne Penketh and Robert Verkaik in [[The Independent]] [[December 24]] [[2005]]</ref><ref>[http://www.cbc.ca/story/world/national/2005/12/23/kurds-sentence051223.html Dutch man sentenced for role in gassing death of Kurds] [[CBC]] [[December 23]] [[2005]]</ref>
 
 
===Spain===
 
Under Spanish law, judges have the right to try foreigners suspected of genocidal acts that have taken place outside Spain. In June 2003 Spanish Judge [[Baltasar Garzón]] jailed [[Ricardo Miguel Cavallo]], (also known as Miguel Angel Cavallo), a former [[Argentina|Argentine]] naval officer, extradited from Mexico to Spain pending his trial on charges of genocide and terrorism relating to the years of Argentina's military dictatorship.<ref>[http://select.nytimes.com/gst/abstract.html?res=F20A13FD3F5E0C738FDDAF0894DB404482 Spanish Judge Sends Argentine to Prison on Genocide Charge] by Emma Daly [[New York Times]]  [[30 June]] 2003.</ref> <ref>[http://news.bbc.co.uk/1/hi/world/europe/3085482.stm  Profile: Judge Baltasar Garzon] [[BBC]] 26 September 2005</ref>
 
 
On 11 January 2006 it was reported that the Spanish High Court will investigate whether seven former Chinese officials, including the former President of China [[Jiang Zemin]] and former Prime Minister [[Li Peng]] participated in a genocide in [[Tibet]]. This investigation follows a Spanish Constitutional Court (26 September 2005) ruling that Spanish courts could try genocide cases even if they did not involve Spanish nationals.<ref>Spanish courts to investigate if a genocide took place in Tibet.
 
* "Spain to investigate 'genocide' in Tibet" [[The Independent]] in the section "European News in brief" on Wednesday [[11 January]] [[2006]] Page 19
 
* [http://www.nzherald.co.nz/section/story.cfm?c_id=2&ObjectID=10363286 Spanish court to investigate Tibet massacre case]  Reuters report in the [[New Zealand Herald]] 12 January 2006</ref>The court proceedings in the case brought by the Madrid-based [[Committee to Support Tibet]] against several former Chinese officials was opened by the Judge on 6 June, 2006, and on the same day China denounced the Spanish court's investigation into claims of genocide in Tibet as an interference in its internal affairs and dismissed the allegations as "sheer fabrication". <ref>[http://www.timesonline.co.uk/article/0,,3-2212271.html World in Brief: Lawyers take China to court] in [[The Times]], [[7 June]], 2006</ref><ref>Alexa Olesen ''[http://news.independent.co.uk/world/asia/article656410.ece China rejects Spain's 'genocide' claims]'' in [[The Independent]] [[7 June]], 2006 </ref>
 
 
===Sweden===
 
 
In Sweden genocide was criminalized in 1964. According to the swedish law any act intended to destroy, in whole or in part, a national, ethnic, racial or religious group, as such, and which is punished according to the criminal act is punished as genocide and carries a penalty from 4 years to life sentence. The swedish legislation  simply noticed that any severe common crime which is comitted in order to destroy an ethnic group can be considered genocide, no matter what specific crime it is. Also intent, preparation or conspiring to genocide, and also failure to reveal such a crime is punishable as specified in penal code chapter 23, which is applicable to all crimes.
 
<ref>[http://www.preventgenocide.org/se/lag169.htm]</ref>
 
 
===United Kingdom===
 
The United Kingdom has incorporated the [[International Criminal Court Act 2001|International Criminal Court Act]] into domestic law. It is not retroactive so it only applies to events after May 2001 and genocide charges can only be filed against British nationals and residents. According to Peter Carter [[Queen's Counsel|QC]], chairman of the [[Bar council#Bar Councils in the United Kingdom|Bar's]] human rights committee<ref>[http://www.barhumanrights.org.uk/ Bar Human Rights Committee] "is the international human rights arm of the [http://www.barcouncil.org.uk/ Bar of England and Wales]. It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world."</ref> "It means that British mercenaries who support regimes that commit war crimes can expect prosecution".<ref name="indi_051224" />
 
  
 
==Genocide in history==
 
==Genocide in history==
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===The Americas===
 
===The Americas===
The indigenous populations of the [[Americas]] sharply plummeted following the arrival of Europeans from [[1492]] onward. Not all the mortality was consciously inflicted: disease, hardship, and the severing of social ties all took their toll, although diseases were also sometimes introduced for the purpose, amounting to [[biological warfare]]. The native tribes of the [[Caribbean]] were eliminated like the [[Guanches]] in the [[Canary Islands]] the previous century (Crosby 1986). Central Mexico, with an estimated pre-Conquest population of 25 million, was reduced to a residual population of a million in the [[17th century]]. In [[1790]], when the first U.S. census was executed, there were 300 Indians left in [[Pennsylvania]], 1500 each in [[New York]] and [[Massachusetts]], and still some 10,000 in the [[Carolinas]] (Braudel 1984 p 393). See [[cultural genocide]].
+
The indigenous populations of the [[Americas]] sharply plummeted following the arrival of Europeans from [[1492]] onward. Not all the mortality was consciously inflicted: disease, hardship, and the severing of social ties all took their toll, although diseases were also sometimes introduced for the purpose, amounting to [[biological warfare]]. The native tribes of the [[Caribbean]] were eliminated like the [[Guanches]] in the [[Canary Islands]] the previous century (Crosby 1986). Central Mexico, with an estimated pre-Conquest population of 25 million, was reduced to a residual population of a million in the 17th century. In 1790, when the first U.S. census was executed, there were 300 Indians left in [[Pennsylvania]], 1500 each in [[New York]] and [[Massachusetts]], and still some 10,000 in the [[Carolinas]] (Braudel 1984 p 393). See [[cultural genocide]].
  
 
The long-term decimation, sometimes by government policy and sometimes not, of the Natives of South and North America by Europeans is estimated to be one of the largest and longest in history.<ref>[http://www.religioustolerance.org/genocide5.htm Mass Crimes against Humanity and Genocides: Past Genocide of Natives in North America]</ref>
 
The long-term decimation, sometimes by government policy and sometimes not, of the Natives of South and North America by Europeans is estimated to be one of the largest and longest in history.<ref>[http://www.religioustolerance.org/genocide5.htm Mass Crimes against Humanity and Genocides: Past Genocide of Natives in North America]</ref>
  
Various estimates of the pre-contact Native population of the [[continental U.S.]] and [[Canada]] range from 1.8 to over 12 million. Over the next four centuries, their numbers were reduced to a low of 237,000 by [[1900]]. It has been estimated that the Native population of what is now [[Mexico]] was reduced from 30 million to only 3 million over the first four decades of Spanish rule.
+
Various estimates of the pre-contact Native population of the [[continental U.S.]] and [[Canada]] range from 1.8 to over 12 million. Over the next four centuries, their numbers were reduced to a low of 237,000 by 1900. It has been estimated that the Native population of what is now [[Mexico]] was reduced from 30 million to only 3 million over the first four decades of Spanish rule.
  
European persecution of Natives started with [[Christopher Columbus]]' arrival in [[San Salvador Island]] in [[1492]]. Native population dropped dramatically over the next few decades. Some were directly exterminated by Europeans. Others died indirectly as a result of contact with introduced diseases for which they had no resistance.
+
European persecution of Natives started with [[Christopher Columbus]]' arrival in [[San Salvador Island]] in 1492. Native population dropped dramatically over the next few decades. Some were directly exterminated by Europeans. Others died indirectly as a result of contact with introduced diseases for which they had no resistance.
  
 
Over the next four centuries, European settlers would systematically displace Native American peoples, from the Arctic to South America. This was accomplished through varying combinations of warfare, the signing of treaties (of which the Natives may not have fully understood the consequences at times), forced relocations to barren lands, destruction of their main food supply — such as the [[bison]] — and the spread of European disease, notably [[smallpox]].
 
Over the next four centuries, European settlers would systematically displace Native American peoples, from the Arctic to South America. This was accomplished through varying combinations of warfare, the signing of treaties (of which the Natives may not have fully understood the consequences at times), forced relocations to barren lands, destruction of their main food supply — such as the [[bison]] — and the spread of European disease, notably [[smallpox]].
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====The United States====
 
====The United States====
Throughout the [[19th century]], [[Native Americans in the United States|Native Americans]] were driven off their traditional lands to facilitate the installation of [[settler]]s ([[colonist]]s). On some occasions, entire villages were massacred by the [[U.S. Army]]. Tribes were generally relocated to [[Indian reservations|reservations]] on which they could be more readily pushed toward [[cultural assimilation|assimilation]] into mainstream U.S. society.
+
Throughout the 19th century, [[Native Americans in the United States|Native Americans]] were driven off their traditional lands to facilitate the installation of [[settler]]s ([[colonist]]s). On some occasions, entire villages were massacred by the [[U.S. Army]]. Tribes were generally relocated to [[Indian reservations|reservations]] on which they could be more readily pushed toward [[cultural assimilation|assimilation]] into mainstream U.S. society.
  
The Conestoga ([[Susquehanna]]) tribe of the lower [[Susquehanna Valley]] of [[Pennsylvania]] was completely annihilated by the "[[Paxton Boys]]" Scotch-Irish militias at the end of the [[French And Indian War]] in [[1763]].  The last survivors of the tribe sought and were granted refuge in the [[Lancaster County, Pennsylvania|Lancaster County]] jail.  The Paxton Boys forced their way in and massacred them.  The liquidation of the Conestogas is documented by [[Benjamin Franklin]] and in "The Light in The Forest" by Conrad Richter.<ref>[http://www.mbamericana.com/Paxton%20Boys.htm Coultas, James  [[Pair of Manuscripts 1764 Concerning the Paxton Boys]]</ref>
+
The Conestoga ([[Susquehanna]]) tribe of the lower [[Susquehanna Valley]] of [[Pennsylvania]] was completely annihilated by the "[[Paxton Boys]]" Scotch-Irish militias at the end of the [[French And Indian War]] in 1763.  The last survivors of the tribe sought and were granted refuge in the [[Lancaster County, Pennsylvania|Lancaster County]] jail.  The Paxton Boys forced their way in and massacred them.  The liquidation of the Conestogas is documented by [[Benjamin Franklin]] and in "The Light in The Forest" by Conrad Richter.<ref>[http://www.mbamericana.com/Paxton%20Boys.htm Coultas, James  [[Pair of Manuscripts 1764 Concerning the Paxton Boys]]</ref>
  
 
===Congo===
 
===Congo===
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===Ottoman Empire (Turkey)===
 
===Ottoman Empire (Turkey)===
  
On [[May 24]], [[1915]], the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly charging for the first time ever another government of committing "a [[crime against humanity]]". This joint statement stated:
+
On May 24, 1915, the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly charging for the first time ever another government of committing "a [[crime against humanity]]". This joint statement stated:
 
:"[i]n view of these new crimes of [[Turkey]] against humanity and civilization, the [[Allies of World War I|Allied Governments]] announce publicly to the [[Sublime Porte]] that they will hold personally responsible for these crimes all members of the [[Ottoman Empire|Ottoman Government]], as well as those of their agents who are implicated in such massacres".<ref>1915 declaration
 
:"[i]n view of these new crimes of [[Turkey]] against humanity and civilization, the [[Allies of World War I|Allied Governments]] announce publicly to the [[Sublime Porte]] that they will hold personally responsible for these crimes all members of the [[Ottoman Empire|Ottoman Government]], as well as those of their agents who are implicated in such massacres".<ref>1915 declaration
 
*[http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr933&dbname=106& ffirmation of the United States Record on the Armenian Genocide Resolution] 106th Congress,,2nd Session, House of Representatives
 
*[http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr933&dbname=106& ffirmation of the United States Record on the Armenian Genocide Resolution] 106th Congress,,2nd Session, House of Representatives
*[http://thomas.loc.gov/cgi-bin/query/z?c109:H.RES.316: Affirmation of the United States Record on the Armenian Genocide Resolution (Introduced in House of Representatives)] 109th Congress, 1st Session, [http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HE00316: H.RES.316], [[June 14]], [[2005]]. [[15 September]] [[2005]] House Committee/Subcommittee:International Relations actions. Status: Ordered to be Reported by the Yeas and Nays: 40 - 7.  
+
*[http://thomas.loc.gov/cgi-bin/query/z?c109:H.RES.316: Affirmation of the United States Record on the Armenian Genocide Resolution (Introduced in House of Representatives)] 109th Congress, 1st Session, [http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HE00316: H.RES.316], June 14, 2005. 15 September 2005 House Committee/Subcommittee:International Relations actions. Status: Ordered to be Reported by the Yeas and Nays: 40 - 7.  
 
* [http://www.armenian-genocide.org/Affirmation.160/current_category.7/affirmation_detail.html  Original source of the telegram sent by the Department of State, Washington containing the French, British and Russian joint declaration]
 
* [http://www.armenian-genocide.org/Affirmation.160/current_category.7/affirmation_detail.html  Original source of the telegram sent by the Department of State, Washington containing the French, British and Russian joint declaration]
 
</ref>.  
 
</ref>.  
  
On [[15 September]] [[2005]] an United States Congressional resolution on the [[Armenian Genocide]] "Calling upon the President to ensure that the foreign policy of the United States reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the United States record relating to the Armenian Genocide, and for other purposes." found that:
+
On 15 September 2005 an United States Congressional resolution on the [[Armenian Genocide]] "Calling upon the President to ensure that the foreign policy of the United States reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the United States record relating to the Armenian Genocide, and for other purposes." found that:
 
* "The Armenian Genocide was conceived and carried out by the Ottoman Empire from 1915 to 1923, resulting in the deportation of nearly 2,000,000 Armenians, of whom 1,500,000 men, women, and children were killed, 500,000 survivors were expelled from their homes, and which succeeded in the elimination of the over 2,500-year presence of Armenians in their historic homeland."
 
* "The Armenian Genocide was conceived and carried out by the Ottoman Empire from 1915 to 1923, resulting in the deportation of nearly 2,000,000 Armenians, of whom 1,500,000 men, women, and children were killed, 500,000 survivors were expelled from their homes, and which succeeded in the elimination of the over 2,500-year presence of Armenians in their historic homeland."
 
* "The post-[[World War I]] Turkish Government indicted the top leaders involved" and that "officials of the [[Young Turk]] Regime were tried and convicted, as charged, for organizing and executing massacres against the Armenian people". The chief organizers were "Minister of War [[Ismail Enver|Enver]], Minister of the Interior [[Mehmed Talat Pasha|Talaat]], and Minister of the Navy [[Ahmed Djemal|Jemal]] were all condemned to death for their crimes, however, the verdicts of the courts were not enforced."
 
* "The post-[[World War I]] Turkish Government indicted the top leaders involved" and that "officials of the [[Young Turk]] Regime were tried and convicted, as charged, for organizing and executing massacres against the Armenian people". The chief organizers were "Minister of War [[Ismail Enver|Enver]], Minister of the Interior [[Mehmed Talat Pasha|Talaat]], and Minister of the Navy [[Ahmed Djemal|Jemal]] were all condemned to death for their crimes, however, the verdicts of the courts were not enforced."
* and  "The Armenian Genocide and these domestic judicial failures are documented with overwhelming evidence in the national archives of Austria, France, Germany, Great Britain, Russia, the United States, the Vatican and many other countries, and this vast body of evidence attests to the same facts, the same events, and the same consequences."<ref name="Turkey1915"> 1915 [http://thomas.loc.gov/cgi-bin/query/z?c109:H.RES.316: Affirmation of the United States Record on the Armenian Genocide Resolution (Introduced in House of Representatives)] 109th Congress, 1st Session, [http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HE00316: H.RES.316], [[June 14]], [[2005]]. [[15 September]] [[2005]] House Committee/Subcommittee:International Relations actions. Status: Ordered to be Reported by the Yeas and Nays: 40 - 7.</ref>
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* and  "The Armenian Genocide and these domestic judicial failures are documented with overwhelming evidence in the national archives of Austria, France, Germany, Great Britain, Russia, the United States, the Vatican and many other countries, and this vast body of evidence attests to the same facts, the same events, and the same consequences."<ref name="Turkey1915"> 1915 [http://thomas.loc.gov/cgi-bin/query/z?c109:H.RES.316: Affirmation of the United States Record on the Armenian Genocide Resolution (Introduced in House of Representatives)] 109th Congress, 1st Session, [http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HE00316: H.RES.316], June 14, 2005. 15 September 2005 House Committee/Subcommittee:International Relations actions. Status: Ordered to be Reported by the Yeas and Nays: 40 - 7.</ref>
  
The BBC reported that in on [[16 December]], 2003, "The Swiss lower house of parliament has voted to describe the mass killings of Armenians during the last years of the Ottoman Empire as genocide. ... Fifteen countries have now agreed to label the killings as genocide. They include France [in 2001], Argentina and Russia."<ref>[http://news.bbc.co.uk/1/hi/world/europe/3325247.stm Swiss accept Armenia 'genocide'], BBC [[16 December]], 2003</ref>
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The BBC reported that in on 16 December, 2003, "The Swiss lower house of parliament has voted to describe the mass killings of Armenians during the last years of the Ottoman Empire as genocide. ... Fifteen countries have now agreed to label the killings as genocide. They include France in 2001, Argentina and Russia."<ref>[http://news.bbc.co.uk/1/hi/world/europe/3325247.stm Swiss accept Armenia 'genocide'], BBC 16 December, 2003</ref>
  
The Turkish Government disputes this interpretation of events and maintains that crucial documents supporting the genocide thesis are actually falsifications <ref>[http://www.kultur.gov.tr/EN/BelgeGoster.aspx?17A16AE30572D313AAF6AA849816B2EF3754CB9777885187 Armenian issue allegations-facts]</ref>. Seen as [[Historical revisionism (political)|historical revisionism]] by many historians, the topic is virtually taboo in Turkey. Laws like [[Article 301]] are used to bring charges against people like the Turkish writer [[Orhan Pamuk]], who had stated that "Thirty thousand Kurds and a million Armenians were killed in these lands and nobody but me dares to talk about it" <ref>Sarah Rainsford ''[http://news.bbc.co.uk/2/hi/europe/4527318.stm  Author's trial set to test Turkey]'' [[BBC]] [[14 December]] [[2005]].</ref>. However, Turkish authorities do acknowledge that the issue should be left to the historians<ref>Chris Morris [http://news.bbc.co.uk/2/hi/europe/1132336.stm Bitter history of Armenian genocide row] BBC [[23 January]], 2001</ref> and in an open letter  
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The Turkish Government disputes this interpretation of events and maintains that crucial documents supporting the genocide thesis are actually falsifications <ref>[http://www.kultur.gov.tr/EN/BelgeGoster.aspx?17A16AE30572D313AAF6AA849816B2EF3754CB9777885187 Armenian issue allegations-facts]</ref>. Seen as [[Historical revisionism (political)|historical revisionism]] by many historians, the topic is virtually taboo in Turkey. Laws like [[Article 301]] are used to bring charges against people like the Turkish writer [[Orhan Pamuk]], who had stated that "Thirty thousand Kurds and a million Armenians were killed in these lands and nobody but me dares to talk about it" <ref>Sarah Rainsford ''[http://news.bbc.co.uk/2/hi/europe/4527318.stm  Author's trial set to test Turkey]'' [[BBC]] 14 December 2005.</ref>. However, Turkish authorities do acknowledge that the issue should be left to the historians<ref>Chris Morris [http://news.bbc.co.uk/2/hi/europe/1132336.stm Bitter history of Armenian genocide row] BBC 23 January, 2001</ref> and in an open letter  
by Prime Minister Erdogan to the U.S. President dated [[10 April]] 2005, extended an "invitation to your country to establish a joint group consisting of historians and other experts from our two countries to study the developments and events of 1915 not only in the archives of Turkey and Armenia but also in the archives of all relevant third countries and to share their findings with the international public"<ref>[http://www.turkishembassy.org/index.php?option=com_content&task=view&id=516&Itemid=495  Prime Minister Erdogan's letter dated 10 April 2005] on the website of the Turkish Embassy in Washington</ref>. Furthermore, in spite of vehement resistance by nationalist groups, an academic conference was held on September 24, 2005 in Istanbul to discuss the early 20th century massacre of Armenians<ref>Robert Mahoney ''[http://www.cpj.org/Briefings/2006/turkey_3-06/turkey_3-06.html Turkey: Nationalism and the Press]'' [[Committee to Protect Journalists|CPJ]] [[16 March]] [[2006]].</ref>.
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by Prime Minister Erdogan to the U.S. President dated 10 April 2005, extended an "invitation to your country to establish a joint group consisting of historians and other experts from our two countries to study the developments and events of 1915 not only in the archives of Turkey and Armenia but also in the archives of all relevant third countries and to share their findings with the international public"<ref>[http://www.turkishembassy.org/index.php?option=com_content&task=view&id=516&Itemid=495  Prime Minister Erdogan's letter dated 10 April 2005] on the website of the Turkish Embassy in Washington</ref>. Furthermore, in spite of vehement resistance by nationalist groups, an academic conference was held on September 24, 2005 in Istanbul to discuss the early 20th century massacre of Armenians<ref>Robert Mahoney ''[http://www.cpj.org/Briefings/2006/turkey_3-06/turkey_3-06.html Turkey: Nationalism and the Press]'' [[Committee to Protect Journalists|CPJ]] [[16 March]] [[2006]].</ref>.
  
 
===Rwanda===
 
===Rwanda===
 
:''Main article [[Rwandan Genocide]]''
 
:''Main article [[Rwandan Genocide]]''
  
During a period of 100 days in [[1994]], officially 937,000 [[Tutsis]] and moderate [[Hutus]] were killed by Hutus in [[Rwanda]]. The rate at which people were killed far exceeded any other genocide in history. Bodies of those slain were left in the streets. Bodies were left wherever they were slain, mostly in the streets and their homes. The method of killing was done mostly with machetes. See also [[History of Rwanda]].
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During a period of 100 days in 1994, officially 937,000 [[Tutsis]] and moderate [[Hutus]] were killed by Hutus in [[Rwanda]]. The rate at which people were killed far exceeded any other genocide in history. Bodies of those slain were left in the streets. Bodies were left wherever they were slain, mostly in the streets and their homes. The method of killing was done mostly with machetes. See also [[History of Rwanda]].
  
The [[International Criminal Tribunal for Rwanda]] ('''ICTR''') is a court under the auspices of the [[United Nations]] for the prosecution of offenses committed in [[Rwanda]] during the [[Rwandan genocide|genocide which occurred there]] during April and May, [[1994]], commencing on [[April 6]]. The ICTR was created on [[November 8]], [[1994]] by the Security Council of the United Nations in order to judge those people responsible for the acts of  genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between [[January 1]] and [[December 31]], [[1994]].
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The [[International Criminal Tribunal for Rwanda]] ('''ICTR''') is a court under the auspices of the [[United Nations]] for the prosecution of offenses committed in [[Rwanda]] during the [[Rwandan genocide|genocide which occurred there]] during April and May, 1994, commencing on April 6. The ICTR was created on November 8, 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of  genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between [[January 1]] and December 31, 1994.
  
 
So far, the ICTR has finished nineteen trials and convicted twenty five accused persons.  Another twenty five persons are still on trial.  Nineteen are awaiting trial in detention.  Ten are still at large.  The first trial, of [[Jean Akayesu|Jean-Paul Akayesu]], began in 1997.  [[Jean Kambanda]], interim Prime Minister, plead guilty
 
So far, the ICTR has finished nineteen trials and convicted twenty five accused persons.  Another twenty five persons are still on trial.  Nineteen are awaiting trial in detention.  Ten are still at large.  The first trial, of [[Jean Akayesu|Jean-Paul Akayesu]], began in 1997.  [[Jean Kambanda]], interim Prime Minister, plead guilty
 
<ref>These figures need revising they are from the [[ICTR]] page which says see [http://www.ictr.org www.ictr.org]</ref>.
 
<ref>These figures need revising they are from the [[ICTR]] page which says see [http://www.ictr.org www.ictr.org]</ref>.
  
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==Genocide as a crime under domestic law==
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===Belgium===
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In 1993 [[Belgium]] had adopted [[universal jurisdiction]], allowing prosecution of genocide, committed by anybody in the world. The practice was widely applauded by many [[human rights]] groups, because it made legal action possible to perpetrators who did not have a direct link with Belgium, and whose victims were not Belgian citizens or residents. Ten years later in 2003, Belgium repealed the law on universal jurisdiction. However, some cases which had already started continued. These incuded those concerning the Rwandan genocide, and complaints filed against the Chadian ex-President [[Hissène Habré]]. <ref>[http://www.hrw.org/press/2003/08/belgium080103.htm Belgium: Universal Jurisdiction Law Repealed] web page on [[Human Rights Watch]] [[August 1]], 2003</ref>
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===Finland===
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Genocide has been criminalized as a separate crime in [[Finland]] since 1995 and carries a penalty from 4 years to life sentence<ref>[http://www.preventgenocide.org/fi/rikoslaki.htm#trans Finnish Penal Code, Chapter 11, Sections 6-8 on Genocide, Preparation for Genocide and Ethnic Agitation]</ref>. Attempted genocide or planning it are punishable. Genocide, as a number of other crimes of international nature is inside Finnish universal jurisdiction, but under Chapter 1, Section 12 of the Penal Code, incidents of it abroad may not be investigated unless the Prosecutor General gives an order to do this.<ref name="TRT">
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[http://www.redress.org/conferences/country%20studies.pdf Universal jurisdiction in the European Union](PDF) published by [[Redress Trust|The Redress Trust]] Registered Charity Number 1015787, A Limited Company in England Number 2274071</ref>
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The pressure group "[[Falun Dafa]] in Europe" on their website report that in 2003 "the Finnish human right lawyer Mr. Erkki Kannsto filed a criminal lawsuit against [[Luo Gan]] with the National Criminal Prosecutor Office and the Police Department in Helsinki on September 11 2003, on the charges of “cruel torture” and “genocide.” ... The Finnish Office of the Prosecutor General and the Police Department immediately carried out an investigation into the case after accepting the lawsuit"<ref>[http://www.clearharmony.net/articles/200309/15155.html Luo Gan Faced a Criminal Lawsuit in Finland] [[16 September]] 2003 </ref>. However, Luo Gan returned to China before any further action was taken by Finnish authorities.<ref name="TRT"/>
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===Netherlands===
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Dutch law restricts prosecutions for genocide to its nationals. On December 23 2005 a Dutch court ruled in a case brought against [[Frans van Anraat]] for supplying chemicals to Iraq, that "[it] thinks and considers legally and convincingly proven that the Kurdish population meets the requirement under the genocide conventions as an ethnic group. The court has no other conclusion that these attacks were committed with the intent to destroy the Kurdish population of Iraq." and because he supplied the chemicals before 16 March 1988, the date of the [[Halabja poison gas attack]],  he is guilty of a war crime but not guilty of complicity in genocide.<ref name="indi_051224">[http://news.independent.co.uk/europe/article334972.ece Dutch court says gassing of Iraqi Kurds was 'genocide'] by Anne Penketh and Robert Verkaik in [[The Independent]] [[December 24]] [[2005]]</ref><ref>[http://www.cbc.ca/story/world/national/2005/12/23/kurds-sentence051223.html Dutch man sentenced for role in gassing death of Kurds] [[CBC]] [[December 23]] [[2005]]</ref>
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===Spain===
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Under Spanish law, judges have the right to try foreigners suspected of genocidal acts that have taken place outside Spain. In June 2003 Spanish Judge [[Baltasar Garzón]] jailed [[Ricardo Miguel Cavallo]], (also known as Miguel Angel Cavallo), a former [[Argentina|Argentine]] naval officer, extradited from Mexico to Spain pending his trial on charges of genocide and terrorism relating to the years of Argentina's military dictatorship.<ref>[http://select.nytimes.com/gst/abstract.html?res=F20A13FD3F5E0C738FDDAF0894DB404482 Spanish Judge Sends Argentine to Prison on Genocide Charge] by Emma Daly [[New York Times]]  [[30 June]] 2003.</ref> <ref>[http://news.bbc.co.uk/1/hi/world/europe/3085482.stm  Profile: Judge Baltasar Garzon] [[BBC]] 26 September 2005</ref>
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On 11 January 2006 it was reported that the Spanish High Court will investigate whether seven former Chinese officials, including the former President of China [[Jiang Zemin]] and former Prime Minister [[Li Peng]] participated in a genocide in [[Tibet]]. This investigation follows a Spanish Constitutional Court (26 September 2005) ruling that Spanish courts could try genocide cases even if they did not involve Spanish nationals.<ref>Spanish courts to investigate if a genocide took place in Tibet.
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* "Spain to investigate 'genocide' in Tibet" [[The Independent]] in the section "European News in brief" on Wednesday [[11 January]] [[2006]] Page 19
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* [http://www.nzherald.co.nz/section/story.cfm?c_id=2&ObjectID=10363286 Spanish court to investigate Tibet massacre case]  Reuters report in the [[New Zealand Herald]] 12 January 2006</ref>The court proceedings in the case brought by the Madrid-based [[Committee to Support Tibet]] against several former Chinese officials was opened by the Judge on 6 June, 2006, and on the same day China denounced the Spanish court's investigation into claims of genocide in Tibet as an interference in its internal affairs and dismissed the allegations as "sheer fabrication". <ref>[http://www.timesonline.co.uk/article/0,,3-2212271.html World in Brief: Lawyers take China to court] in [[The Times]], [[7 June]], 2006</ref><ref>Alexa Olesen ''[http://news.independent.co.uk/world/asia/article656410.ece China rejects Spain's 'genocide' claims]'' in [[The Independent]] [[7 June]], 2006 </ref>
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===Sweden===
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In Sweden genocide was criminalized in 1964. According to the Swedish law any act intended to destroy, in whole or in part, a national, ethnic, racial or religious group, as such, and which is punished according to the criminal act is punished as genocide and carries a penalty from 4 years to life sentence. The Swedish legislation  simply noticed that any severe common crime which is comitted in order to destroy an ethnic group can be considered genocide, no matter what specific crime it is. Also intent, preparation or conspiring to genocide, and also failure to reveal such a crime is punishable as specified in penal code chapter 23, which is applicable to all crimes.
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<ref>[http://www.preventgenocide.org/se/lag169.htm]</ref>
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===United Kingdom===
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The United Kingdom has incorporated the [[International Criminal Court Act 2001|International Criminal Court Act]] into domestic law. It is not retroactive so it only applies to events after May 2001 and genocide charges can only be filed against British nationals and residents. According to Peter Carter [[Queen's Counsel|QC]], chairman of the [[Bar council#Bar Councils in the United Kingdom|Bar's]] human rights committee<ref>[http://www.barhumanrights.org.uk/ Bar Human Rights Committee] "is the international human rights arm of the [http://www.barcouncil.org.uk/ Bar of England and Wales]. It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world."</ref> "It means that British mercenaries who support regimes that commit war crimes can expect prosecution".<ref name="indi_051224" />
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==Genocide as a crime under international law==
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In the wake of the so-called [[The Holocaust|Holocaust]] committed by the [[Nazism|Nazis]], Lemkin successfully campaigned for the universal acceptance of [[international law]]s, defining and forbidding genocide. This was achieved in 1948, with the promulgation of the ''Convention on the Prevention and Punishment of the Crime of Genocide''.
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The CPPCG was adopted by the [[UN General Assembly]] on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally-recognized definition of genocide which was incorporated into the national criminal legislation of many countries, and was also adopted by the [[Rome Statute of the International Criminal Court]], the treaty that established the [[International Criminal Court]] (ICC). The Convention (in article 2) defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such:"
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:(a) Killing members of the group;
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:(b) Causing serious bodily or mental harm to members of the group;
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:(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
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:(d) Imposing measures intended to prevent births within the group;
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:(e) Forcibly transferring children of the group to another group.
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The first draft of the Convention included political killings but the [[USSR]] did not accept that actions against groups identified as holding similar [[politics|political opinion]] or [[social status]], that would constitute genocide if carried out against an ethnic group, was genocide. So they were removed in a political and diplomatic compromise.
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After the minimum 20 countries became parties to the Convention, it came into force as international law on 12 January 1951. At that time however, only two of the five permanent members of the [[UN Security Council]] (UNSC) were parties to the treaty: [[France]] and the [[Republic of China]]. Eventually the [[Soviet Union]] ratified in 1954, the [[United Kingdom]] in 1970, the [[People's Republic of China]] in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the [[United States]] in 1988. This long delay in support for the Genocide Convention by the world's most powerful nations caused the Convention to languish for over four decades. Only in the 1990s did the international law on the crime of genocide begin to be enforced.
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==International prosecution of genocide==
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All signatories to the CPPCG are required to prevent and punish acts of genocide, during both war and peace, though some barriers make this enforcement difficult. In particular, some of the signatories &mdash; namely, [[Bahrain]], [[Bangladesh]], [[India]], [[Malaysia]], the [[Philippines]], [[Singapore]], the [[United States]], [[Vietnam]], [[Yemen]], and [[Yugoslavia]] &mdash; signed with the proviso that no claim of genocide could be brought against them at the [[International Court of Justice]] without their consent<ref>[http://www.unhchr.ch/html/menu3/b/treaty1gen.htm United Nations Treaty Collection (As of 9 October 2001): Convention on the Prevention and Punishment of the Crime of Genocide] on the web site of the [http://www.ohchr.org/english/ Office of the United Nations High Commissioner for Human Rights]</ref>. Despite official protests from other signatories (notably [[Cyprus]] and [[Norway]]) on the ethics and legal standing of these reservations, the [[immunity (legal)|immunity]] from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by Yugoslavia following the 1999 [[Kosovo War]].
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It is commonly accepted that, at least since [[World War II]], genocide has been illegal under [[custom (law)|customary international law]] as a [[peremptory norm]], as well as under [[treaty|conventional international law]]. Acts of genocide are generally difficult to establish for prosecution due to the face that intent, or demonstrating a chain of accountability, must be established.  International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.
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To date all international prosecutions for genocide have been brought in specially convened international tribunals. Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.<ref>[http://www.amicc.org/docs/U.S.%20statement%20on%20ICC%20draft%20resolution_23Nov051.pdf Statement by  Carolyn Willson, Minister Counselor for International Legal Affairs, on the Report of the ICC, in the UN General Assembyy](PDF) [[November 23]] 2005</ref>
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====Armenian Genocide Trials====
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The post-Ottomon Turkish government convicted several Ottoman Turkish leaders for their orchestration of the [[Armenian Genocide]]. Most of these leaders were allowed to leave for Europe. The lack of an international effort to prosecute the Ottomans played a significant role in motivating Adolf Hitler and the Nazi's to seek "the final solution of the Jewish problem". Hitler is known to have stated "Whom even remembers the Armenians" .
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====Nuremberg Trials====
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{{Main|Nuremberg Trials}}
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"The Nuremberg Trials" is the general name for two sets of trials of [[Nazism|Nazis]] involved in [[World War II]] and [[the Holocaust]]. The trials were held in the [[Germany|German]] city of [[Nuremberg]] from 1945 to 1949 at the [[Nuremberg Palace of Justice]] . The first and more famous of these trials was the '''Trial of the Major War Criminals Before the International Military Tribunal''' or IMT, which tried 24 of the most important captured (or still believed to be alive) leaders of Nazi Germany. It was held from November 20, 1945 to October 1, 1946.
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====Former Yugoslavia====
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The [[International Criminal Tribunal for the Former Yugoslavia]] (ICTY) is a court under the auspices of the [[United Nations]] for the prosecution of genocide and certain other types of crime committed in [[Socialist Federal Republic of Yugoslavia|former Yugoslavia]] since 1991.  The tribunal functions as an ad-hoc court and is located in [[The Hague]]. It was established by [[UN Security Council Resolution 827|Resolution 827]] of the [[UN Security Council]], which was passed on May 25, 1993.
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Some of those found guilty of Genocide or crimes against humanity are:
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*[[Milan Babić]] (deceased), [[RSK|Krajina]] Serb , prime minister of [[Republika Srpska Krajina]] (Serb self proclaimed entity in Croatia); sentenced to thirteen years for his part in ethnic cleansing.
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*[[Vidoje Blagojevic]], Bosnian Serb, a Bosnian Serb Army officer, sentenced to 18 years for involvement in the [[Srebrenica massacre]].
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*[[Dragan Jokic]], Bosnian Serb, sentenced to 9 years for involvement in Srebrenica massacre.
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*[[Radislav Krstic]], Bosnian Serb, Bosnian Serb Army general; sentenced to thirty-five years (originally forty-six years) for genocide, crimes against humanity and violations of the laws or customs of war.
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====Rwanda====
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The [[International Criminal Tribunal for Rwanda]] ('''ICTR''') is a court under the auspices of the [[United Nations]] for the prosecution of offenses committed in [[Rwanda]] during the [[Rwandan genocide|genocide which occurred there]] during April, 1994, commencing on April 6. The ICTR was created on November 8, 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of  genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between January 1 and December 31, 1994.
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So far, the ICTR has finished nineteen trials and convicted twenty five accused persons.  Another twenty five persons are still on trial.  Nineteen are awaiting trial in detention.  Ten are still at large.  The first trial, of [[Jean Akayesu|Jean-Paul Akayesu]], began in 1997.  [[Jean Kambanda]], interim Prime Minister, pleaded guilty.<ref>These figures need revising they are from the [[ICTR]] page which says see [http://www.ictr.org www.ictr.org]</ref>
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In December 2005 despite attempts by the French Defence Ministry to stop him, Jacques Baillet the prosecutor at the army tribunal, has begun an investigation into the role of  the French army during the genocide in Rwanda. The 2,500 member French peace keeping force, that was sent to Rwanda in 1994 by [[François Mitterrand]] who was the French President at the time, is accused not only of not stopping the genocide, but of actively participating in it. The allegations of participation are brought by two witnesses who the prosecutor thinks are credible enough to warrant an inquiry. Aurea Mukakalisa says she saw Hutu militia enter a camp set up by the French army and designated Tutsis who were forced to leave the camp by French soldiers. She says that she saw militia kill the Tutsis who left the camp and that some Tutsis were killed by French soldiers. A second witness Innocent Gisanura says that French soldiers remained in their vehicles and did not intervene in the killing of Tutsis by members of the Hutu militia in the [[Biserero]] forests.<ref>[http://www.timesonline.co.uk/article/0,,3-1959137,00.html French Army faces inquiry on genocide in Rwanda] by Adam Sage in [[The Times]] 26 December 2005</ref>
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==Criticisms of the CPPCG==
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Much debate about genocides revolves around the proper definition of the word "genocide." The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example M. Hassan Kakar in his book ''The Soviet Invasion and the Afghan Response, 1979-1982''<ref>M. Hassan Kakar ''[http://content.cdlib.org/xtf/view?docId=ft7b69p12h&brand=eschol Afghanistan: The Soviet Invasion and the Afghan Response, 1979-1982] [[University of California]] press © 1995 The Regents of the University of California.</ref> argues that the international definition of genocide is too restricted
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<ref>M. Hassan Kakar [http://content.cdlib.org/xtf/view?docId=ft7b69p12h&chunk.id=d0e5195&toc.depth=1&toc.id=d0e5195&brand=eschol 4. The Story of Genocide in Afghanistan: 13. Genocide Throughout the Country]</ref>, and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: “Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator.”<ref>Frank Chalk, Kurt Jonassohn ''The History and Sociology of Genocide : Analyses and Case Studies'', Yale University Press, 1990, ISBN 0300044461</ref>
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According to [[R. J. Rummel]], genocide has 3 different meanings. The ordinary meaning is murder by government of people due to their national, ethnical, racial, or religious group membership. The legal meaning of genocide refers to  the international treaty, the ''Convention on the Prevention and Punishment of the Crime of Genocide''. This also includes nonkillings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term [[democide]] for the third meaning.<ref>[http://www.hawaii.edu/powerkills/GENOCIDE.HTM Domocide versus genocide; which is what?]</ref>
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A major criticism of the international community's response to the Rwandan Genocide was that it was reactive, not proactive. The international community has developed a mechanism for prosecuting the perpetrators of genocide but has not developed the will or the mechanisms for intervening in a genocide as it happens. Critics point to the [[Darfur conflict]] and suggest that if anyone is found guilty of genocide after the conflict either by prosecutions brought in the International Criminal Court or in an ''ad hoc'' International Criminal Tribunal, this will confirm this perception.
  
 
==Bibliography==
 
==Bibliography==

Revision as of 18:55, 24 August 2006


Genocide is defined by the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) Article 2 as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births within the group; and forcibly transferring children of the group to another group."

Coining of the term genocide

The term "genocide" was coined by Raphael Lemkin (1900–1959), a Polish Jewish legal scholar, in 1943, from the roots genos (Greek for family, tribe or race) and -cide (Latin - occidere or cideo - to massacre).

Lemkin said about the definition of genocide in its original adoption for international law at the Geneva Conventions:

Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.[1]

Lemkin's original genocide definition was narrow, as it addressed only crimes against "national groups" rather than "groups" in general. At the same time, it was broad in that it included not only physical genocide, but also acts aimed at destroying the culture and livelihood of the group.

Genocide in history

Genocide appears to be a regular and widespread event in the history of civilization. The phrase "never again" or "not on our watch" which is often used in relation to genocide has been contradicted up to the present day.

Determining which historical events constitute genocide and which are merely criminal or inhuman behavior is not a clear-cut matter. Furthermore, in nearly every case where accusations of genocide have circulated, partisans of various sides have fiercely disputed the interpretation and details of the event, often to the point of promoting wildly different versions of the facts. An accusation of genocide is certainly not taken lightly and will almost always be controversial. Revisionist attempts to deny genocides is, in some countries, penally repressed.

Biblical genocides

A record of several alleged genocides is found in the Bible, although the perceived accuracy and import of these accounts is related to the reader's opinion of the Bible as a whole. To name a few:

The sexual abuse and killing of the Israelites by the Egyptians.
The war and ensuing genocide waged against the Canaanites by the Israelites, in which God gives a commandment to never allow any Canaanite to remain alive. Deuteronomy 20:16-17
The extermination of the Amalekites at the hands of King Saul of Israel at the behest of Samuel. Ibid. 25:19
The conquest and massacre of various Middle Eastern peoples, by the empires of Assyria and Babylon.

Roman Empire

Many campaigns of the Roman Empire can by modern standards be rated as genocide:

Julius Caesar's campaign against the Helvetii (present-day Switzerland): approximately 60% of the tribe was destroyed, and another 20% ran up high deficits.
Julius Caesar's campaign against the Gauls (present-day France) under Vercingetorix: over 1 million (probably 1 in 4 of the Gauls) were killed, another million were enslaved and 800 cities were destroyed. The entire population of city of Avaricum (Bourges) (40,000 in all) was slaughtered.
Carthage: the city was completely destroyed in the Third Punic War, and its people killed or enslaved. Almost a century later, Caesar ordered the city rebuilt.
Jerusalem: the city was burned in the Destruction of Jerusalem and its people killed or enslaved. The Emperor Hadrian rebuilt and repopulated the city, then named it Aelia Capitolina.

The Americas

The indigenous populations of the Americas sharply plummeted following the arrival of Europeans from 1492 onward. Not all the mortality was consciously inflicted: disease, hardship, and the severing of social ties all took their toll, although diseases were also sometimes introduced for the purpose, amounting to biological warfare. The native tribes of the Caribbean were eliminated like the Guanches in the Canary Islands the previous century (Crosby 1986). Central Mexico, with an estimated pre-Conquest population of 25 million, was reduced to a residual population of a million in the 17th century. In 1790, when the first U.S. census was executed, there were 300 Indians left in Pennsylvania, 1500 each in New York and Massachusetts, and still some 10,000 in the Carolinas (Braudel 1984 p 393). See cultural genocide.

The long-term decimation, sometimes by government policy and sometimes not, of the Natives of South and North America by Europeans is estimated to be one of the largest and longest in history.[2]

Various estimates of the pre-contact Native population of the continental U.S. and Canada range from 1.8 to over 12 million. Over the next four centuries, their numbers were reduced to a low of 237,000 by 1900. It has been estimated that the Native population of what is now Mexico was reduced from 30 million to only 3 million over the first four decades of Spanish rule.

European persecution of Natives started with Christopher Columbus' arrival in San Salvador Island in 1492. Native population dropped dramatically over the next few decades. Some were directly exterminated by Europeans. Others died indirectly as a result of contact with introduced diseases for which they had no resistance.

Over the next four centuries, European settlers would systematically displace Native American peoples, from the Arctic to South America. This was accomplished through varying combinations of warfare, the signing of treaties (of which the Natives may not have fully understood the consequences at times), forced relocations to barren lands, destruction of their main food supply — such as the bison — and the spread of European disease, notably smallpox.

Argentina

In the 1880s Argentine President Julio Roca launched a campaign to exterminate the Indian population of the Pampas and the Patagonia regions. The offensive led to the death of some 20,000 Indians.

Canada

The Beothuk people, an aboriginal group, native to the province of Newfoundland, are now completely extinct as a result of extended low intensity conflict with European colonists (mostly fishermen who regarded them as thieves), loss of habitat and importation of diseases such as tuberculosis. As European settlement grew, the Beothuks withdrew into the interior of the island and starved.

Activities of European colonists and importation of previously-unseen diseases caused many deaths in other Canadian native communities; the Beothuk are unique in Canadian history as having suffered not only genocide but outright extinction. Tragically, their "genocide" is unique in the sense that it appears to have been a drawn out and unintentional exercise founded in mutual distrust and ignorance. It was not a modern "genocide" in the sense there was no intention or even conscious effort to drive them to extinction. The process was the result of complex relationship dynamics and the peculiarly tenuous ecological nature of the island.

Genocide against Aboriginal peoples of Canada (during the conquest of "turtle island" or the North American continent) has received international attention from reputable human rights organizations associated with aboriginal rights. Principle testimonials from thousands of Aboriginals compiled by former United Church Reverend Kevin Annett and his Truth Commission into Genocide in Canada has gained considerable merit to this revisionist, Genocide in Canada revelation.[3]

Paraguay

The War of the Triple Alliance (1864-1870) almost totally destroyed Paraguay and ended the relative development that took place during its first decades of existence. 300,000 Paraguayans—including a very high proportion of men of military age—were killed.

The United States

Throughout the 19th century, Native Americans were driven off their traditional lands to facilitate the installation of settlers (colonists). On some occasions, entire villages were massacred by the U.S. Army. Tribes were generally relocated to reservations on which they could be more readily pushed toward assimilation into mainstream U.S. society.

The Conestoga (Susquehanna) tribe of the lower Susquehanna Valley of Pennsylvania was completely annihilated by the "Paxton Boys" Scotch-Irish militias at the end of the French And Indian War in 1763. The last survivors of the tribe sought and were granted refuge in the Lancaster County jail. The Paxton Boys forced their way in and massacred them. The liquidation of the Conestogas is documented by Benjamin Franklin and in "The Light in The Forest" by Conrad Richter.[4]

Congo

Prior to its being taken over by Belgium to form the Belgian Congo, under the rule of King Léopold II, the Congo Free State suffered a great loss of life due to criminal indifference by Europeans to its native inhabitants in the pursuit of increased rubber production.

From 1880 to 1920, the population of the Congo fell precipitously; murder, starvation, exhaustion (due to over-work), and disease were the culprits. Estimates vary on how many died and in what timeframe the deaths occurred. A 1904 report cites 3 million dead between 1888 and 1904; Fredric Wertham's 1966 book "A Sign For Cain: A Exploration of Human Violence" estimates that the population of the Congo dropped from 30 million to 8.5 million in that period. [5]

King Léopold II (of Belgium) was a famed misanthropist, abolitionist, and self-appointed sovereign of the Congo Free State, 76 times larger geographically than Belgium itself. His fortunes, and those of the multinational concessionary companies under his auspices, were built mainly on the proceeds of Congolese rubber, of which there had never been an exploitable surplus.

The mass-deaths in the Congo Free State became a cause celèbre in the last years of the 19th century and a great embarrassment not only to the King but to Belgium, which had portrayed itself as progressive and attentive to human rights. The Congo Reform Movement, which included among its members Mark Twain, Joseph Conrad, Booker T. Washington, and Bertrand Russell, led a vigorous international movement against the mistreatment of the indigenous population of the Congo. [6][5]

In 1999 Adam Hochschild published a book called "King Leopold's Ghost". It catalogued a series of crimes committed by King Leopold's regime; made the allegation that 10 million had died; and compared Leopold's misrule to the Nazi Holocaust and Stalin's purges. The Guardian reported in July 2002 that, after initial outrage by Belgian historians, the state-funded Museum of the Belgian Congo would finance an investigation into Hochschild's allegations. The investigatory panel, likely to be headed by Professor Jean-Luc Vellut, was scheduled to report its findings in 2004.[6]

Germany

File:Massdeportations.png
Major deportation routes to the extermination camps in Europe.

Nazi genocide before and during World War II, The Holocaust (1933–1945). Upwards of 11 million people were systematically exterminated by the Nazis and their collaborators. The main targets of the Holocaust were the Jews of Europe, of whom between five and six million were killed[7] , including 1.5 million children, in what was called by the Nazis the "Final Solution of the Jewish Question". Other targets of the Holocaust included Poles, Roma ,Serbians,(see Porajmos), Slavs, homosexuals, and political opponents such as communists.

The resources of a major industrial power, Germany, were harnessed to industrialize mass murder. Jews and other victims were massacred in massive open air shootings by the organized killing squads called Einsatzgruppen, or they were confined in ghettos before being transported to extermination camps where they were killed.

Ottoman Empire (Turkey)

On May 24, 1915, the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly charging for the first time ever another government of committing "a crime against humanity". This joint statement stated:

"[i]n view of these new crimes of Turkey against humanity and civilization, the Allied Governments announce publicly to the Sublime Porte that they will hold personally responsible for these crimes all members of the Ottoman Government, as well as those of their agents who are implicated in such massacres".[8].

On 15 September 2005 an United States Congressional resolution on the Armenian Genocide "Calling upon the President to ensure that the foreign policy of the United States reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the United States record relating to the Armenian Genocide, and for other purposes." found that:

  • "The Armenian Genocide was conceived and carried out by the Ottoman Empire from 1915 to 1923, resulting in the deportation of nearly 2,000,000 Armenians, of whom 1,500,000 men, women, and children were killed, 500,000 survivors were expelled from their homes, and which succeeded in the elimination of the over 2,500-year presence of Armenians in their historic homeland."
  • "The post-World War I Turkish Government indicted the top leaders involved" and that "officials of the Young Turk Regime were tried and convicted, as charged, for organizing and executing massacres against the Armenian people". The chief organizers were "Minister of War Enver, Minister of the Interior Talaat, and Minister of the Navy Jemal were all condemned to death for their crimes, however, the verdicts of the courts were not enforced."
  • and "The Armenian Genocide and these domestic judicial failures are documented with overwhelming evidence in the national archives of Austria, France, Germany, Great Britain, Russia, the United States, the Vatican and many other countries, and this vast body of evidence attests to the same facts, the same events, and the same consequences."[9]

The BBC reported that in on 16 December, 2003, "The Swiss lower house of parliament has voted to describe the mass killings of Armenians during the last years of the Ottoman Empire as genocide. ... Fifteen countries have now agreed to label the killings as genocide. They include France in 2001, Argentina and Russia."[10]

The Turkish Government disputes this interpretation of events and maintains that crucial documents supporting the genocide thesis are actually falsifications [11]. Seen as historical revisionism by many historians, the topic is virtually taboo in Turkey. Laws like Article 301 are used to bring charges against people like the Turkish writer Orhan Pamuk, who had stated that "Thirty thousand Kurds and a million Armenians were killed in these lands and nobody but me dares to talk about it" [12]. However, Turkish authorities do acknowledge that the issue should be left to the historians[13] and in an open letter by Prime Minister Erdogan to the U.S. President dated 10 April 2005, extended an "invitation to your country to establish a joint group consisting of historians and other experts from our two countries to study the developments and events of 1915 not only in the archives of Turkey and Armenia but also in the archives of all relevant third countries and to share their findings with the international public"[14]. Furthermore, in spite of vehement resistance by nationalist groups, an academic conference was held on September 24, 2005 in Istanbul to discuss the early 20th century massacre of Armenians[15].

Rwanda

Main article Rwandan Genocide

During a period of 100 days in 1994, officially 937,000 Tutsis and moderate Hutus were killed by Hutus in Rwanda. The rate at which people were killed far exceeded any other genocide in history. Bodies of those slain were left in the streets. Bodies were left wherever they were slain, mostly in the streets and their homes. The method of killing was done mostly with machetes. See also History of Rwanda.

The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April and May, 1994, commencing on April 6. The ICTR was created on November 8, 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between January 1 and December 31, 1994.

So far, the ICTR has finished nineteen trials and convicted twenty five accused persons. Another twenty five persons are still on trial. Nineteen are awaiting trial in detention. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. Jean Kambanda, interim Prime Minister, plead guilty [16].

Genocide as a crime under domestic law

Belgium

In 1993 Belgium had adopted universal jurisdiction, allowing prosecution of genocide, committed by anybody in the world. The practice was widely applauded by many human rights groups, because it made legal action possible to perpetrators who did not have a direct link with Belgium, and whose victims were not Belgian citizens or residents. Ten years later in 2003, Belgium repealed the law on universal jurisdiction. However, some cases which had already started continued. These incuded those concerning the Rwandan genocide, and complaints filed against the Chadian ex-President Hissène Habré. [17]

Finland

Genocide has been criminalized as a separate crime in Finland since 1995 and carries a penalty from 4 years to life sentence[18]. Attempted genocide or planning it are punishable. Genocide, as a number of other crimes of international nature is inside Finnish universal jurisdiction, but under Chapter 1, Section 12 of the Penal Code, incidents of it abroad may not be investigated unless the Prosecutor General gives an order to do this.[19]

The pressure group "Falun Dafa in Europe" on their website report that in 2003 "the Finnish human right lawyer Mr. Erkki Kannsto filed a criminal lawsuit against Luo Gan with the National Criminal Prosecutor Office and the Police Department in Helsinki on September 11 2003, on the charges of “cruel torture” and “genocide.” ... The Finnish Office of the Prosecutor General and the Police Department immediately carried out an investigation into the case after accepting the lawsuit"[20]. However, Luo Gan returned to China before any further action was taken by Finnish authorities.[19]


Netherlands

Dutch law restricts prosecutions for genocide to its nationals. On December 23 2005 a Dutch court ruled in a case brought against Frans van Anraat for supplying chemicals to Iraq, that "[it] thinks and considers legally and convincingly proven that the Kurdish population meets the requirement under the genocide conventions as an ethnic group. The court has no other conclusion that these attacks were committed with the intent to destroy the Kurdish population of Iraq." and because he supplied the chemicals before 16 March 1988, the date of the Halabja poison gas attack, he is guilty of a war crime but not guilty of complicity in genocide.[21][22]

Spain

Under Spanish law, judges have the right to try foreigners suspected of genocidal acts that have taken place outside Spain. In June 2003 Spanish Judge Baltasar Garzón jailed Ricardo Miguel Cavallo, (also known as Miguel Angel Cavallo), a former Argentine naval officer, extradited from Mexico to Spain pending his trial on charges of genocide and terrorism relating to the years of Argentina's military dictatorship.[23] [24]

On 11 January 2006 it was reported that the Spanish High Court will investigate whether seven former Chinese officials, including the former President of China Jiang Zemin and former Prime Minister Li Peng participated in a genocide in Tibet. This investigation follows a Spanish Constitutional Court (26 September 2005) ruling that Spanish courts could try genocide cases even if they did not involve Spanish nationals.[25]The court proceedings in the case brought by the Madrid-based Committee to Support Tibet against several former Chinese officials was opened by the Judge on 6 June, 2006, and on the same day China denounced the Spanish court's investigation into claims of genocide in Tibet as an interference in its internal affairs and dismissed the allegations as "sheer fabrication". [26][27]

Sweden

In Sweden genocide was criminalized in 1964. According to the Swedish law any act intended to destroy, in whole or in part, a national, ethnic, racial or religious group, as such, and which is punished according to the criminal act is punished as genocide and carries a penalty from 4 years to life sentence. The Swedish legislation simply noticed that any severe common crime which is comitted in order to destroy an ethnic group can be considered genocide, no matter what specific crime it is. Also intent, preparation or conspiring to genocide, and also failure to reveal such a crime is punishable as specified in penal code chapter 23, which is applicable to all crimes. [28]

United Kingdom

The United Kingdom has incorporated the International Criminal Court Act into domestic law. It is not retroactive so it only applies to events after May 2001 and genocide charges can only be filed against British nationals and residents. According to Peter Carter QC, chairman of the Bar's human rights committee[29] "It means that British mercenaries who support regimes that commit war crimes can expect prosecution".[21]


Genocide as a crime under international law

In the wake of the so-called Holocaust committed by the Nazis, Lemkin successfully campaigned for the universal acceptance of international laws, defining and forbidding genocide. This was achieved in 1948, with the promulgation of the Convention on the Prevention and Punishment of the Crime of Genocide.

The CPPCG was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 (Resolution 260 (III)). It contains an internationally-recognized definition of genocide which was incorporated into the national criminal legislation of many countries, and was also adopted by the Rome Statute of the International Criminal Court, the treaty that established the International Criminal Court (ICC). The Convention (in article 2) defines genocide as "any of the following acts committed with 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;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

The first draft of the Convention included political killings but the USSR did not accept that actions against groups identified as holding similar political opinion or social status, that would constitute genocide if carried out against an ethnic group, was genocide. So they were removed in a political and diplomatic compromise.

After the minimum 20 countries became parties to the Convention, it came into force as international law on 12 January 1951. At that time however, only two of the five permanent members of the UN Security Council (UNSC) were parties to the treaty: France and the Republic of China. Eventually the Soviet Union ratified in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988. This long delay in support for the Genocide Convention by the world's most powerful nations caused the Convention to languish for over four decades. Only in the 1990s did the international law on the crime of genocide begin to be enforced.


International prosecution of genocide

All signatories to the CPPCG are required to prevent and punish acts of genocide, during both war and peace, though some barriers make this enforcement difficult. In particular, some of the signatories — namely, Bahrain, Bangladesh, India, Malaysia, the Philippines, Singapore, the United States, Vietnam, Yemen, and Yugoslavia — signed with the proviso that no claim of genocide could be brought against them at the International Court of Justice without their consent[30]. Despite official protests from other signatories (notably Cyprus and Norway) on the ethics and legal standing of these reservations, the immunity from prosecution they grant has been invoked from time to time, as when the United States refused to allow a charge of genocide brought against it by Yugoslavia following the 1999 Kosovo War.

It is commonly accepted that, at least since World War II, genocide has been illegal under customary international law as a peremptory norm, as well as under conventional international law. Acts of genocide are generally difficult to establish for prosecution due to the face that intent, or demonstrating a chain of accountability, must be established. International criminal courts and tribunals function primarily because the states involved are incapable or unwilling to prosecute crimes of this magnitude themselves.

To date all international prosecutions for genocide have been brought in specially convened international tribunals. Since 2002, the International Criminal Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute genocide, thus being a "court of last resort," leaving the primary responsibility to exercise jurisdiction over alleged criminals to individual states. Due to the United States concerns over the ICC, the United States prefers to continue to use specially convened international tribunals for such investigations and potential prosecutions.[31]

Armenian Genocide Trials

The post-Ottomon Turkish government convicted several Ottoman Turkish leaders for their orchestration of the Armenian Genocide. Most of these leaders were allowed to leave for Europe. The lack of an international effort to prosecute the Ottomans played a significant role in motivating Adolf Hitler and the Nazi's to seek "the final solution of the Jewish problem". Hitler is known to have stated "Whom even remembers the Armenians" .

Nuremberg Trials

Main article: Nuremberg Trials

"The Nuremberg Trials" is the general name for two sets of trials of Nazis involved in World War II and the Holocaust. The trials were held in the German city of Nuremberg from 1945 to 1949 at the Nuremberg Palace of Justice . The first and more famous of these trials was the Trial of the Major War Criminals Before the International Military Tribunal or IMT, which tried 24 of the most important captured (or still believed to be alive) leaders of Nazi Germany. It was held from November 20, 1945 to October 1, 1946.

Former Yugoslavia

The International Criminal Tribunal for the Former Yugoslavia (ICTY) is a court under the auspices of the United Nations for the prosecution of genocide and certain other types of crime committed in former Yugoslavia since 1991. The tribunal functions as an ad-hoc court and is located in The Hague. It was established by Resolution 827 of the UN Security Council, which was passed on May 25, 1993.

Some of those found guilty of Genocide or crimes against humanity are:

  • Milan Babić (deceased), Krajina Serb , prime minister of Republika Srpska Krajina (Serb self proclaimed entity in Croatia); sentenced to thirteen years for his part in ethnic cleansing.
  • Vidoje Blagojevic, Bosnian Serb, a Bosnian Serb Army officer, sentenced to 18 years for involvement in the Srebrenica massacre.
  • Dragan Jokic, Bosnian Serb, sentenced to 9 years for involvement in Srebrenica massacre.
  • Radislav Krstic, Bosnian Serb, Bosnian Serb Army general; sentenced to thirty-five years (originally forty-six years) for genocide, crimes against humanity and violations of the laws or customs of war.

Rwanda

The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April, 1994, commencing on April 6. The ICTR was created on November 8, 1994 by the Security Council of the United Nations in order to judge those people responsible for the acts of genocide and other serious violations of the international law performed in the territory of Rwanda, or by Rwandan citizens in nearby states, between January 1 and December 31, 1994.

So far, the ICTR has finished nineteen trials and convicted twenty five accused persons. Another twenty five persons are still on trial. Nineteen are awaiting trial in detention. Ten are still at large. The first trial, of Jean-Paul Akayesu, began in 1997. Jean Kambanda, interim Prime Minister, pleaded guilty.[32]

In December 2005 despite attempts by the French Defence Ministry to stop him, Jacques Baillet the prosecutor at the army tribunal, has begun an investigation into the role of the French army during the genocide in Rwanda. The 2,500 member French peace keeping force, that was sent to Rwanda in 1994 by François Mitterrand who was the French President at the time, is accused not only of not stopping the genocide, but of actively participating in it. The allegations of participation are brought by two witnesses who the prosecutor thinks are credible enough to warrant an inquiry. Aurea Mukakalisa says she saw Hutu militia enter a camp set up by the French army and designated Tutsis who were forced to leave the camp by French soldiers. She says that she saw militia kill the Tutsis who left the camp and that some Tutsis were killed by French soldiers. A second witness Innocent Gisanura says that French soldiers remained in their vehicles and did not intervene in the killing of Tutsis by members of the Hutu militia in the Biserero forests.[33]


Criticisms of the CPPCG

Much debate about genocides revolves around the proper definition of the word "genocide." The exclusion of social and political groups as targets of genocide in the CPPCG legal definition has been criticized by some historians and sociologists, for example M. Hassan Kakar in his book The Soviet Invasion and the Afghan Response, 1979-1982[34] argues that the international definition of genocide is too restricted [35], and that it should include political groups or any group so defined by the perpetrator and quotes Chalk and Jonassohn: “Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator.”[36]

According to R. J. Rummel, genocide has 3 different meanings. The ordinary meaning is murder by government of people due to their national, ethnical, racial, or religious group membership. The legal meaning of genocide refers to the international treaty, the Convention on the Prevention and Punishment of the Crime of Genocide. This also includes nonkillings that in the end eliminate the group, such as preventing births or forcibly transferring children out of the group to another group. A generalized meaning of genocide is similar to the ordinary meaning but also includes government killings of political opponents or otherwise intentional murder. It is to avoid confusion regarding what meaning is intended that Rummel created the term democide for the third meaning.[37]

A major criticism of the international community's response to the Rwandan Genocide was that it was reactive, not proactive. The international community has developed a mechanism for prosecuting the perpetrators of genocide but has not developed the will or the mechanisms for intervening in a genocide as it happens. Critics point to the Darfur conflict and suggest that if anyone is found guilty of genocide after the conflict either by prosecutions brought in the International Criminal Court or in an ad hoc International Criminal Tribunal, this will confirm this perception.

Bibliography

  • Frank Chalk and Kurt Jonassohn, The History and Sociology of Genocide: Analyses and Case Studies, Yale University Press, 1990
  • Israel W. Charny, Encyclopedia of Genocide, ABC-Clio Inc, 720 pages, ISBN 0874369282 (December 1, 1999)
  • Barbara Harff, Early Warning of Communal Conflict and Genocide: Linking Empirical Research to International Responses, Westview Press, August 2003, paperback, 256 pages, ISBN 0813398401
  • (French) LeCour Grandmaison, Olivier, Coloniser, Exterminer - Sur la guerre et l'Etat colonial, Fayard, 2005, ISBN 35251692005 (Table of contents)
  • Samantha Power, "A Problem from Hell": America and the Age of Genocide Harper Perennial (2003) paperback, 656 pages ISBN 0060541644
  • R.J. Rummel, Death By Government, Transaction Publishers, 496 pages, ISBN 1560009276 (March 1997)
  • Lyal S. Sunga, The Emerging System of International Criminal Law: Developments in Codification and Implementation , Kluwer (1997) 508 p. (ISBN 9041104720)
  • Lyal S. Sunga, Individual Responsibility in International Law for Serious Human Rights Violations, Nijhoff (1992) 252 p. (ISBN 0792314530)
  • Samuel Totten, William S. Parsons, and Israel W. Charny, Century of Genocide: Critical Essays and Eyewitness Accounts, 2nd edition, Routledge, 2004
  • Benjamin A. Valentino, Final Solutions: Mass Killing and Genocide in the 20th Century, Cornell University Press, 2004

Notes

  1. Raphael Lemkin, Axis Rule in Occupied Europe (Wash., D.C.: Carnegie Endowment for International Peace, 1944), p. 79.
  2. Mass Crimes against Humanity and Genocides: Past Genocide of Natives in North America
  3. Hidden From History: The Canadian Holocaust: The Untold Story of the Genocide of Aboriginal Peoples by Church and State in Canada by (Rev.) Kevin Annett. �UNIQ34ef57b05403861-HTMLCommentStrip155667b64a71dc2000000001.
  4. [http://www.mbamericana.com/Paxton%20Boys.htm Coultas, James Pair of Manuscripts 1764 Concerning the Paxton Boys
  5. 5.0 5.1 R. J. Rummel Exemplifying the Horror of European Colonization:Leopold's Congo"
  6. 6.0 6.1 Andrew Osborn Belgium exhumes its colonial demons The Guardian July 13, 2002
  7. Yadvashem - Shoah Resource Centre
  8. 1915 declaration
  9. 1915 Affirmation of the United States Record on the Armenian Genocide Resolution (Introduced in House of Representatives) 109th Congress, 1st Session, H.RES.316, June 14, 2005. 15 September 2005 House Committee/Subcommittee:International Relations actions. Status: Ordered to be Reported by the Yeas and Nays: 40 - 7.
  10. Swiss accept Armenia 'genocide', BBC 16 December, 2003
  11. Armenian issue allegations-facts
  12. Sarah Rainsford Author's trial set to test Turkey BBC 14 December 2005.
  13. Chris Morris Bitter history of Armenian genocide row BBC 23 January, 2001
  14. Prime Minister Erdogan's letter dated 10 April 2005 on the website of the Turkish Embassy in Washington
  15. Robert Mahoney Turkey: Nationalism and the Press CPJ 16 March 2006.
  16. These figures need revising they are from the ICTR page which says see www.ictr.org
  17. Belgium: Universal Jurisdiction Law Repealed web page on Human Rights Watch August 1, 2003
  18. Finnish Penal Code, Chapter 11, Sections 6-8 on Genocide, Preparation for Genocide and Ethnic Agitation
  19. 19.0 19.1 Universal jurisdiction in the European Union(PDF) published by The Redress Trust Registered Charity Number 1015787, A Limited Company in England Number 2274071
  20. Luo Gan Faced a Criminal Lawsuit in Finland 16 September 2003
  21. 21.0 21.1 Dutch court says gassing of Iraqi Kurds was 'genocide' by Anne Penketh and Robert Verkaik in The Independent December 24 2005
  22. Dutch man sentenced for role in gassing death of Kurds CBC December 23 2005
  23. Spanish Judge Sends Argentine to Prison on Genocide Charge by Emma Daly New York Times 30 June 2003.
  24. Profile: Judge Baltasar Garzon BBC 26 September 2005
  25. Spanish courts to investigate if a genocide took place in Tibet.
    • "Spain to investigate 'genocide' in Tibet" The Independent in the section "European News in brief" on Wednesday 11 January 2006 Page 19
    • Spanish court to investigate Tibet massacre case Reuters report in the New Zealand Herald 12 January 2006
  26. World in Brief: Lawyers take China to court in The Times, 7 June, 2006
  27. Alexa Olesen China rejects Spain's 'genocide' claims in The Independent 7 June, 2006
  28. [1]
  29. Bar Human Rights Committee "is the international human rights arm of the Bar of England and Wales. It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world."
  30. United Nations Treaty Collection (As of 9 October 2001): Convention on the Prevention and Punishment of the Crime of Genocide on the web site of the Office of the United Nations High Commissioner for Human Rights
  31. Statement by Carolyn Willson, Minister Counselor for International Legal Affairs, on the Report of the ICC, in the UN General Assembyy(PDF) November 23 2005
  32. These figures need revising they are from the ICTR page which says see www.ictr.org
  33. French Army faces inquiry on genocide in Rwanda by Adam Sage in The Times 26 December 2005
  34. M. Hassan Kakar Afghanistan: The Soviet Invasion and the Afghan Response, 1979-1982 University of California press © 1995 The Regents of the University of California.
  35. M. Hassan Kakar 4. The Story of Genocide in Afghanistan: 13. Genocide Throughout the Country
  36. Frank Chalk, Kurt Jonassohn The History and Sociology of Genocide : Analyses and Case Studies, Yale University Press, 1990, ISBN 0300044461
  37. Domocide versus genocide; which is what?

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