Genocides in history

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Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group. The term was coined in 1944 by Raphael Lemkin. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, 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's 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." [1]

Contents

The preamble to the CPPCG states that "genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world", and it also states that "at all periods of history genocide has inflicted great losses on humanity." [1]

Definitions of genocide

The debate continues over what legally constitutes genocide. One definition is any conflict that the International Criminal Court has so designated. Mohammed Hassan Kakar argues that the definition should include political groups or any group so defined by the perpetrator. [2] He prefers the definition from Frank Chalk and Kurt Jonassohn, which defines genocide as "a form of one-sided mass killing in which a state or other authority intends to destroy a group so defined by the perpetrator." [3]

In literature, some scholars have popularly emphasized the role that the Soviet Union played in excluding political groups from the international definition of genocide, which is contained in the Genocide Convention of 1948, [4] and in particular they have written that Joseph Stalin may have feared greater international scrutiny of the political killings that occurred in the country, such as the Great Purge; [5] however, this claim is not supported by evidence. The Soviet view was shared and supported by many diverse countries, and they were also in line with Raphael Lemkin's original conception, [lower-alpha 1] and it was originally promoted by the World Jewish Congress. [7]

Genocides before World War I

Analysis of genocides before World War I is the result of modern studies that apply objectivity and fact, while previous accounts of genocides mostly aimed to emphasize one's own superiority. According to Frank Chalk, Helen Fein, and Kurt Jonassohn, if a dominant group of people had little in common with a marginalized group of people, it was easy for the dominant group to define the marginalized group as a subhuman group; the marginalized group might be labeled a threat that must be eliminated. [8]

While the concept of genocide was formulated by Lemkin in the mid-20th century, the expansion of various European colonial powers, such as the British and the Spanish Empires, and the subsequent establishment of colonies on indigenous territory frequently involved acts of genocidal violence against indigenous groups in the Americas (including Brazil, Paraguay, and the United States), Australia, Africa, and Asia. [9] According to Lemkin, colonization was in itself "intrinsically genocidal", and he saw this genocide as a two-stage process, the first being the destruction of the indigenous population's way of life. In the second stage, the newcomers impose their way of life on the indigenous group. [10] [11] According to David Maybury-Lewis, imperial and colonial forms of genocide are enacted in two main ways, either through the deliberate clearing of territories of their original inhabitants to make them exploitable for purposes of resource extraction or colonial settlements, or through enlisting indigenous peoples as forced laborers in colonialist or imperialist projects of resource extraction. [12] The designation of specific events as genocidal is often controversial. [13]

During the 17th century Beaver Wars, the Iroquois destroyed several large tribal confederacies, including the Mohicans, Huron, Neutral, Erie, Susquehannock, and northern Algonquins, with the extreme brutality and exterminatory nature of the mode of warfare practised by the Iroquois causing some historians to label these events as acts of genocide. [14]

Genocides from World War I through World War II

In 1915, one year after the outbreak of World War I, the concept of crimes against humanity was introduced into international relations for the first time, when the Allies of World War I sent a letter to the government of the Ottoman Empire, a member of the Central Powers, to protest against the late Ottoman genocides that were taking place within the empire, among them, the Armenian genocide, the Assyrian genocide, the Greek genocide, and the Great Famine of Mount Lebanon. [15] The Holocaust, the Nazi genocide of 6 million European Jews during World War II, is the most studied genocide, [16] and it is also a prototype of genocide; [17] one of the most controversial questions among comparative scholars is the question of the Holocaust's uniqueness, which led to the Historikerstreit in West Germany during the 1980s, [18] and whether there exist historical parallels, which critics believe trivializes it. [19]

Genocide studies started as a side academic field of Holocaust studies, whose researchers associated genocide with the Holocaust and believed that Raphael Lemkin's definition of genocide was too broad. [17] In 1985, the United Nations' (UN) Whitaker Report cited the massacre of 100,000 to 250,000 Jews in more than 2,000 pogroms which occurred as part of the White Terror during the Russian Civil War as an act of genocide; it also suggested that consideration should be given to ecocide, ethnocide, and cultural genocide. [20]

Genocides from 1946 through 1999

The Genocide Convention was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951. After the necessary twenty countries became parties to the convention, it came into force as international law on 12 January 1951; [21] however, only two of the five permanent members of the UN Security Council were parties to the treaty, which caused the Convention to languish for over four decades. [22] During the Cold War era, mass atrocities were committed by anti-communist/capitalist regimes, [23] [24] as well as by communist regimes, [25] among them the Indonesian mass killings of 1965–66, the 1971 Bangladesh genocide, the Cambodian genocide, the 1984 Sikh genocide, the Guatemalan genocide and the East Timor genocide. [26]

The Rwandan genocide gave an extra impetus to genocide studies in the 1990s. [27]

Genocides after 2000

Skulls of victims of the Rwandan genocide Rwandan Genocide Murambi skulls.jpg
Skulls of victims of the Rwandan genocide

In The Guardian , David Alton, Helen Clark, and Michael Lapsley wrote that the reasons for the Rwandan genocide and crimes such as the Bosnian genocide of the Yugoslav Wars had been analyzed in-depth, and they also stated that genocide prevention had been extensively discussed. They described the analyses as producing "reams of paper [that] were dedicated to analyzing the past and pledging to heed warning signs and prevent genocide." [28]

A group of 34 non-governmental organizations and 31 individuals, calling themselves African Citizens, referred to the Rwanda: The Preventable Genocide report prepared by a panel headed by former Botswana president Quett Masire for the Organisation of African Unity, which later became the African Union. [29] African Citizens highlighted the sentences, commenting: "Indisputably, the most important truth that emerges from our investigation is that the Rwandan genocide could have been prevented by those in the international community who had the position and means to do so. ... The world failed Rwanda. ... [The United Nations] simply did not care enough about Rwanda to intervene appropriately." [30] Chidi Odinkalu, former head of the National Human Rights Commission of Nigeria, was among those involved with African Citizens. [31]

The ongoing Amhara genocide started in the early 1990s with the implementation of ethnic federalism under the TPLF-led ruling, and events of the Northern Ethiopia war (Tigray conflict) since 2020 that intensified the violence further with war crimes committed by the Tigray forces in both the Amhara & Afar regions. On 20 November 2021, Genocide Watch called for genocide in Ethiopia, predicted in the context of the war in Tigray and also the violence across the Oromia, and the Benishangul-Gumuz (Metekel) regions that worsened since 2018. [32] On 21 November, Odinkalu called for genocide prevention, stating: "We need to focus on an urgent programme of Genocide Prevention advocacy on Ethiopia NOW. It may be too late in 2 weeks, guys." [31] On 26 November, African Citizens and Alton, Clark, and Lapsley also called for the predicted genocide to be prevented. [28] [30]

The Rohingya genocide is an ongoing genocide of the Muslim Rohingya people consisting of arson, rape, ethnic cleansing, and infanticide by the Burmese military. The genocide has so far consisted of two phases so: the first was a military crackdown that occurred from October 2016 to January 2017, and the second has been occurring since August 2017. [33] [34]

The Chinese government has engaged in a series of human rights abuses against Uyghurs and other ethnic and religious minorities in Xinjiang. [35] Legislatures in several countries, including Canada, [36] the United Kingdom, [37] and France, [38] have passed non-binding motions describing China's actions as genocide. The United States officially denounced China's treatment of Uyghurs as a genocide. [39]

International prosecution

Ad hoc tribunals

In 1951, only two of the five permanent members of the UN Security Council (UNSC) were parties to the convention, namely France and the Republic of China. The treaty was ratified by the Soviet Union 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. [40] In the 1990s, the international law on the crime of genocide began to be enforced. [22]

Bosnia and Herzegovina

Exhumed mass grave of Srebrenica massacre victims in 2007 Srebrenica Massacre - Exhumed Grave of Victims - Potocari 2007.jpg
Exhumed mass grave of Srebrenica massacre victims in 2007

In July 1995, Serbian forces killed more than 8,000 [41] [42] [43] Bosniaks (Bosnian Muslims), mainly men and boys, both in and around the town of Srebrenica during the Bosnian War. [44] [45] The killing was perpetrated by units of the Army of Republika Srpska (VRS) which were under the command of General Ratko Mladić. The Secretary-General of the United Nations described the mass murder as the worst crime on European soil since the Second World War. [46] [47] A paramilitary unit from Serbia known as the Scorpions, officially a part of the Serbian Interior Ministry until 1991, participated in the massacre, [48] [49] along with several hundred Russian and Greek volunteers. [50] [51]

In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) delivered its first conviction for the crime of genocide, against General Krstić for his role in the 1995 Srebrenica massacre (on appeal he was found not guilty of genocide but was instead found guilty of aiding and abetting genocide). [52]

In February 2007, the International Court of Justice (ICJ) returned a judgment in the Bosnian Genocide Case. It upheld the ICTY's findings that genocide had been committed in and around Srebrenica but did not find that genocide had been committed on the wider territory of Bosnia and Herzegovina during the war. The ICJ also ruled that Serbia was not responsible for the genocide nor was it responsible for "aiding and abetting it", although it ruled that Serbia could have done more to prevent the genocide and that Serbia failed to punish the perpetrators. [53] Before this ruling, the term Bosnian Genocide had been used by some academics [54] [55] [56] and human rights officials. [57]

In 2010, Vujadin Popović, Lieutenant Colonel and the Chief of Security of the Drina Corps of the Bosnian Serb Army, and Ljubiša Beara, Colonel and Chief of Security of the same army, were convicted of genocide, extermination, murder and persecution by the ICTY for their role in the Srebrenica massacre and were each sentenced to life in prison. [58] [59] [60] [61] In 2016 and 2017, Radovan Karadžić [62] and Ratko Mladić were sentenced for genocide. [63]

German courts handed down convictions for genocide during the Bosnian War. Novislav Djajic was indicted for his participation in the genocide, but the Higher Regional Court failed to find that there was sufficient certainty for a criminal conviction for genocide. Nevertheless, Djajic was found guilty of 14 counts of murder and one count of attempted murder. [64] At Djajic's appeal on 23 May 1997, the Bavarian Appeals Chamber found that acts of genocide were committed in June 1992, confined within the administrative district of Foca. [65] The Higher Regional Court ( Oberlandesgericht ) of Düsseldorf, in September 1997, handed down a genocide conviction against Nikola Jorgic, a Bosnian Serb from the Doboj region who was the leader of a paramilitary group located in the Doboj region. He was sentenced to four terms of life imprisonment for his involvement in genocidal actions that took place in regions of Bosnia and Herzegovina, other than Srebrenica. [66] On 29 November 1999, the Higher Regional Court (Oberlandesgericht) of Düsseldorf "condemned Maksim Sokolovic to 9 years in prison for aiding and abetting the crime of genocide and for grave breaches of the Geneva Conventions." [67]

Rwanda

The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offences committed during the Rwandan genocide during April and May 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the UN Security Council to resolve claims in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. For approximately 100 days from the assassination of President Juvénal Habyarimana on 6 April through mid-July, at least 800,000 people were killed according to a Human Rights Watch estimate. [68] [69] [70]

As of mid-2011, the ICTR had convicted 57 people and acquitted 8. Another ten persons were still on trial while one (Bernard Munyagishari) is awaiting trial; nine remain at large. [71] The first trial, of Jean-Paul Akayesu, ended in 1998 with his conviction for genocide and crimes against humanity. [72] Jean Kambanda, the interim prime minister during the genocide, pleaded guilty. This was the world's first conviction for genocide, as defined by the 1948 Convention. [73]

Cambodia

Skulls at the Choeung Ek memorial in Cambodia Skulls from the killing fields.jpg
Skulls at the Choeung Ek memorial in Cambodia

The Khmer Rouge, led by Pol Pot, Ta Mok, and others, perpetrated the mass killing of ideologically suspect groups, ethnic minorities such as ethnic Vietnamese, Chinese or Sino-Khmers, Chams, and Thais, former civil servants, former government soldiers, Buddhist monks, secular intellectuals and professionals, and former city dwellers. Khmer Rouge cadres who were defeated in factional struggles were also liquidated in purges. Man-made famine and slave labor resulted in many hundreds of thousands of deaths. [74] Craig Etcheson suggested that the death toll was between 2 and 2.5 million, with a most likely figure of 2.2 million. After spending five years excavating 20,000 grave sites, he concluded that "these mass graves contain the remains of 1,386,734 victims of execution." [75] Steven Rosefielde argued that the Khmer Rouge were not racist by claiming that they did not intend to exterminate ethnic minorities, and he also stated that the Khmer Rouge did not intend to exterminate the Cambodian people as a whole; in his view, the Khmer Rouge's brutality was the product of an extreme version of communist ideology. [76]

On 6 June 2003, the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC), which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of Cambodia from 1975 to 1979. [77] The judges were sworn in during early July 2006. [78] [79] [80]

The investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007. [81]

Khieu Samphan at a public hearing before the pre-trial Cambodia Tribunal on 3 July 2009 KSAMPHAN3July2009-1.jpg
Khieu Samphan at a public hearing before the pre-trial Cambodia Tribunal on 3 July 2009
  • Kang Kek Iew was formally charged with war crimes and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008. [82] His appeal was rejected on 3 February 2012, and he continued serving a sentence of life imprisonment. [83]
  • Nuon Chea, a former prime minister, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011. [84] [85] On 16 November 2018, he was sentenced to life in prison for genocide. [86]
  • Khieu Samphan, a former head of state, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial also began on 27 June 2011. [84] [85] On 16 November 2018, he was sentenced to life in prison for genocide. [86]
  • Ieng Sary, a former foreign minister, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial began on 27 June 2011. [84] [85] He died in March 2013.
  • Ieng Thirith, wife of Ieng Sary and a former minister for social affairs, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation. [85] [87]

Some of the international jurists and the Cambodian government disagreed over whether any other people should be tried by the Tribunal. [81]

International Criminal Court

The ICC can only prosecute crimes that were committed on or after 1 July 2002. [88] [89]

Darfur, Sudan

Sudanese President Omar al-Bashir, wanted by the ICC Omar al-Bashir, 12th AU Summit, 090131-N-0506A-342.jpg
Sudanese President Omar al-Bashir, wanted by the ICC

The ongoing racial [90] [91] [92] conflict in Darfur, Sudan, [93] which started in 2003, [94] [95] was declared a genocide by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee. [96] [97] Since that time however, no other permanent member of the UN Security Council has followed suit. In January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report stating that "the Government of the Sudan has not pursued a policy of genocide." [98] Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide." [98]

In March 2005, the Security Council formally referred the situation in Darfur to the ICC, taking into account the Commission report but without mentioning any specific crimes. [99] Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution. [100] As of his fourth report to the Security Council, the Prosecutor found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes", but did not find sufficient evidence to prosecute for genocide. [101]

In April 2007, the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Janjaweed militia leader, Ali Kushayb, for crimes against humanity and war crimes. [102] On 14 July 2008, the ICC filed ten charges of war crimes against Sudan's president Omar al-Bashir, three counts of genocide, five of crimes against humanity, and two of murder. Prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity. [103] On 4 March 2009, the ICC issued a warrant for al-Bashir's arrest for crimes against humanity and war crimes but not for genocide. This is the first warrant issued by the ICC against a sitting head of state. [104]

International Court of Justice

Ukraine

Two days after the start of the Russian invasion of Ukraine in 2022, on 26 February, Ukraine brought the case of Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide before the ICJ. The case followed false Russian accusations of genocide in Donbas which genocide scholars have described as accusation in a mirror as part of a campaign of genocide incitement. [105] The court is conducting an investigation of all allegations of genocide in Ukraine.

In November 2022, Ukraine's Prosecutor General Andriy Kostin said that during the course of five proceedings on genocide by law enforcement, investigators had recorded "more than 300 facts that belong precisely to the definition of genocide". [106]

Rohingya

On 11 November 2019, The Gambia lodged an application to the ICJ against Myanmar. It alleged that Myanmar has committed mass murder, rape, and destruction of communities against the Rohingya group in Rakhine state since about October 2016 and that those actions violated the Genocide Convention. [107]

Israel

On December 29, 2023, South Africa filed an Application instituting proceedings against Israel with the ICJ alleging that Israel had violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the "Genocide Convention") during its 2023 offensive in the Gaza Strip. [108] South Africa's standing is based on the erga omnes partes nature of the Genocide Convention, which allows and obligates States Parties to the convention to take measures to prevent and punish the crime of genocide. South Africa requested indication of provisional measures by the ICJ, including that Israel end its military operations, to "protect against further, severe and irreperable harm to the rights of the Palestinian people under the Genocide Convention", triggering an urgent preliminary hearing. Public hearings on the provisional measures question were held on January 11 (oral arguments by South Africa) and January 12 (oral arguments by Israel), respectively. [109]

See also

Notes

  1. By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide; his concept of genocide, as it was outlined in Axis Rule in Occupied Europe, covered Stalinist deportations as genocide by default, and differed from the adopted Genocide Convention in many ways. From a 21st-century perspective, its coverage was very broad, and as a result, it would classify any gross human rights violation as a genocide, and many events that were deemed genocidal by Lemkin did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention. [6]

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Genocide justification is the claim that a genocide is morally excusable/defensible, necessary, and/or sanctioned by law. Genocide justification differs from genocide denial, which is the attempt to reject the occurrence of genocide. Perpetrators often claim that genocide victims presented a serious threat, justifying their actions by stating it was legitimate self-defense of a nation or state. According to modern international criminal law, there can be no excuse for genocide. Genocide is often camouflaged as military activity against combatants, and the distinction between denial and justification is often blurred.

References

  1. 1 2 "Convention on the Prevention and Punishment of the Crime of Genocide". Office of the United Nations High Commissioner for Human Rights. 12 January 1951. Archived from the original on 11 December 2005. Note: "ethnical", although unusual, is found in several dictionaries.
  2. Kakar, Mohammed Hassan (1995). Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982. University of California Press. pp. 213–214. ISBN   978-0-5209-1914-3 via Google Books.
  3. Chalk & Jonassohn 1990.
  4. Staub 1989, p. 8.
  5. Gellately & Kiernan 2003, p. 267.
  6. Weiss-Wendt 2005.
  7. Schabas 2009, p. 160: "Rigorous examination of the travaux fails to confirm a popular impression in the literature that the opposition to the inclusion of political genocide was some Soviet machination. The Soviet views were also shared by a number of other States for whom it is difficult to establish any geographic or social common denominator: Lebanon, Sweden, Brazil, Peru, Venezuela, the Philippines, the Dominican Republic, Iran, Egypt, Belgium, and Uruguay. The exclusion of political groups was originally promoted by a non-governmental organization, the World Jewish Congress, and it corresponded to Raphael Lemkin's vision of the nature of the crime of genocide."
  8. Jones 2006, p. 3: "The difficulty, as Frank Chalk and Kurt Jonassohn pointed out in their early study, is that such historical records as exist are ambiguous and undependable. While history today is generally written with some fealty to 'objective' facts, most previous accounts aimed rather to praise the writer's patron (normally the leader) and to emphasize the superiority of one's own gods and religious beliefs."
  9. Jones 2010, p. 139.
  10. Moses 2004, p. 27.
  11. Forge 2012, p. 77.
  12. Maybury-Lewis 2002, p. 48.
  13. Hitchcock & Koperski 2008, pp. 577–582.
  14. Blick, Jeremy P. (3 August 2010). "The Iroquois practice of genocidal warfare (1534‐1787)". Journal of Genocide Research. 3 (3): 405–429. doi:10.1080/14623520120097215. S2CID   71358963 . Retrieved 9 March 2022.
  15. Schabas 2000, pp. 16–17.
  16. Jongman 1996.
  17. 1 2 Moses 2010, p. 21.
  18. Stone 2010, pp. 206–207.
  19. Rosenbaum 2001, "Foreword".
  20. Bartrop & Jacobs 2014, p. 1106.
  21. Akande et al. 2018, p. 64.
  22. 1 2 Hoffman 2010, p. 260.
  23. Farid 2005.
  24. Bellamy 2012, "The Cold War Struggle (1): Capitalist Atrocities".
  25. Bellamy 2012, "The Cold War Struggle (2): Communist Atrocities".
  26. Fein 1993.
  27. Bloxham & Moses 2010, p. 2.
  28. 1 2 Clark, Helen; Lapsley, Michael; Alton, David (26 November 2021). "The warning signs are there for genocide in Ethiopia – the world must act to prevent it". The Guardian . Archived from the original on 27 November 2021. Retrieved 27 November 2021.
  29. International panel of eminent personalities (21 January 2004). "Rwanda: The Preventable Genocide" (PDF). African Union . Archived (PDF) from the original on 15 April 2021. Retrieved 27 November 2021.
  30. 1 2 Mustapha, Ogunsakin (26 November 2021). "Group warns UN over imminent genocide in Ethiopia". Citizens' Gavel . Archived from the original on 27 November 2021. Retrieved 27 November 2021.
  31. 1 2 Odinkalu, Chidi (21 November 2021). "Lessons from Rwanda: dangers of an Ethiopian genocide increase as rebels threaten Addis". Eritrea Hub . Archived from the original on 22 November 2021. Retrieved 27 November 2021.
  32. Ross, Eric; Hill, Nat (20 November 2021). "Genocide Emergency: Ethiopia". Genocide Watch . Archived from the original on 23 November 2021. Retrieved 23 November 2021.
  33. "World Court Rules Against Myanmar on Rohingya". Human Rights Watch . 23 January 2020. Retrieved 21 February 2023.
  34. "Myanmar's Rohingya Crisis Enters a Dangerous New Phase". www.crisisgroup.org. 7 December 2017. Retrieved 21 February 2023.
  35. "Uighurs: 'Credible case' China carrying out genocide". BBC News . 8 February 2021. Archived from the original on 8 February 2021.
  36. Ryan Patrick Jones (22 February 2021). "MPs vote to label China's persecution of Uighurs a genocide". Canadian Broadcasting Corporation. A substantial majority of MPs — including most Liberals who participated — voted in favour of a Conservative motion that says China's actions in its western Xinjiang region meet the definition of genocide set out in the 1948 United Nations Genocide Convention. ... The final tally was 266 in favour and zero opposed. Two MPs formally abstained.
  37. Hefffer, Greg (22 April 2021). "House of Commons declares Uighurs are being subjected to genocide in China". Sky News.
  38. "French Parliament Denounces China's Uyghur 'Genocide'". AFP News . 20 January 2022.
  39. Gordon, Michael R. (19 January 2021). "U.S. Says China Is Committing 'Genocide' Against Uighur Muslims". The Wall Street Journal .
  40. Bachman 2017: "However, the US failed to ratify the treaty until November 25, 1988."
  41. Bookmiller, Kirsten Nakjavani (2008). The United Nations. Infobase Publishing. p. 81. ISBN   978-1438102993 . Retrieved 4 August 2013 via Google Books.
  42. Paul, Christopher; Clarke, Colin P.; Grill, Beth (2010). Victory Has a Thousand Fathers: Sources of Success in Counterinsurgency. Rand Corporation. p. 25. ISBN   978-0833050786 . Retrieved 4 August 2013 via Google Books.
  43. Simons, Marlise (31 May 2011). "Mladic Arrives in The Hague". The New York Times .
  44. "Srebrenica-Potočari: spomen obilježje i mezarje za žrtve genocida iz 1995 godine. Liste žrtava prema prezimenu" [Srebrenica-Potocari: Memorial and Cemetery for the victims of the genocide of 1995. Lists of victims by surname] (in Bosnian). 1995. Archived from the original on 18 April 2014.
  45. "ICTY: The Conflicts". International Criminal Tribunal for the former Yugoslavia . Retrieved 5 August 2013.
  46. UN Press Release SG/SM/9993UN, 11/07/2005 "Secretary-General Kofi Annan's message to the ceremony marking the tenth anniversary of the Srebrenica massacre in Potocari-Srebrenica". Retrieved 9 August 2010.
  47. Institute for War and Peace Reporting, Tribunal Update: Briefly Noted (TU No 398, 18 March 2005). "Institute for War & Peace Reporting - IWPR".{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  48. Williams, Daniel. "Srebrenica Video Vindicates Long Pursuit by Serb Activist". The Washington Post . Retrieved 26 May 2011.
  49. "ICTY – Kordic and Cerkez Judgement – 3. After the Conflict" (PDF). Retrieved 11 July 2012.
  50. Naimark, Norman M. (2011). Memories of Mass Repression: Narrating Life Stories in the Aftermath of Atrocity. Transaction Publishers. p. 3. ISBN   978-1412812047 . Retrieved 4 August 2013 via Google Books.
  51. "Greece faces shame of role in Serb massacre". The Guardian . 5 January 2013.
  52. The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001) that genocide had been committed. (see paragraph 560 for the name of the group in English on whom the genocide was committed). The judgement was upheld in Prosecutor v. Radislav Krstic – Appeals Chamber – Judgment – IT-98-33 (2004) ICTY 7 (19 April 2004)
  53. Max, Arthur (26 February 2007). "Court: Serbia failed to prevent genocide". The San Francisco Chronicle. Associated Press. Archived from the original on 10 August 2007.
  54. "HNPG 036P (or 033T) History: Bosnian Genocide In the Historical Perspective". University of California Riverside. 2003. Archived from the original on 16 May 2007.
  55. "Winter 2007 Honors Courses". University of California Riverside. 2007. Archived from the original on 10 August 2007.
  56. "Winter 2008 Honors Courses". University of California Riverside. 2007. Archived from the original on 29 October 2007.
  57. "Milosevic to Face Bosnian Genocide Charges". Human Rights Watch . 11 December 2001. Retrieved 10 April 2016.
  58. "Seven convicted over 1995 Srebrenica massacre". CNN. 10 June 2010.
  59. "Life for Bosnian Serbs over genocide at Srebrenica". BBC News. 10 June 2010.
  60. Charter, David (10 June 2010). "Hague court sentences Bosnian Serbs to life for Srebrenica genocide". Times Online. London.
  61. Waterfield, Bruno (10 June 2010). "Bosnian Serbs convicted of genocide over Srebrenica massacre" . The Telegraph. London. Archived from the original on 12 January 2022.
  62. "Radovan Karadzic sentenced to 40-year imprisonment for Srebrenica genocide, war crimes". The Hindu . 24 March 2016.
  63. "UN hails conviction of Mladic, the 'epitome of evil,' a momentous victory for justice". UN News Centre. 22 November 2017. Retrieved 23 November 2017.
  64. "Novislav Djajic". Trial Watch. 19 June 2013. Archived from the original on 14 February 2016. Retrieved 15 February 2016.
  65. Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001), The International Criminal Tribunal for the Former Yugoslavia, paragraph 589. citing Bavarian Appeals Court, Novislav Djajic case, 23 May 1997, 3 St 20/96, section VI, p. 24 of the English translation.
  66. Oberlandesgericht Düsseldorf, "Public Prosecutor v Jorgic", 26 September 1997 (Trial Watch) Nikola Jorgic Archived 24 February 2014 at the Wayback Machine
  67. Trial watch Maksim Sokolovic Archived 6 July 2015 at the Wayback Machine
  68. Des Forges, Alison (1999). "'Leave None to Tell the Story'" (PDF). Human Rights Watch . Retrieved 6 November 2022.
  69. "Joseph Sebarenzi Shares his Perspective on the Genocide in Rwanda in Two Lectures". BYU Humanities. BYU College of Humanities. 20 November 2014. Retrieved 6 November 2022.
  70. Maron, Jeremy (2022). "What led to the genocide against the Tutsi in Rwanda?". Canadian Museum for Human Rights. Retrieved 6 November 2022.
  71. "United Nations International Criminal Tribunal for Rwanda: Status of Cases". ICTR. Archived from the original on 13 August 2011.
  72. "United Nations International Criminal Tribunal for Rwanda: Status of Cases". ICRT . Archived from the original on 2 December 2012.
  73. "Rwanda: The First Conviction for Genocide". Holocaust Encyclopedia. United States Holocaust Memorial Museum. 5 April 2021. Retrieved 6 November 2022.
  74. Sliwinski, Marek (1995). Le génocide khmer rouge: une analyze démographique [The Khmer Rouge Genocide: A Demographic Analysis] (in French). Harmattan. p. 82. ISBN   978-2-7384-3525-5 via Google Books.
  75. Sharp, Bruce (1 April 2005). "Counting Hell: The Death Toll of the Khmer Rouge Regime in Cambodia". Mekong.Net. Mekong Network. Retrieved 13 January 2013.
  76. Rosefielde, Steven (2009). Red Holocaust. Routledge. p. 119. ISBN   978-0-415-77757-5.
  77. "Resolution adopted by the General Assembly: 57/228 Khmer Rouge trials B1" (PDF). United Nations General Assembly . 22 May 2003. Archived from the original (PDF) on 3 July 2007. Retrieved 11 December 2010.
  78. Doyle, Kevin (26 July 2007). "Putting the Khmer Rouge on Trial". Time . Retrieved 13 February 2016.
  79. MacKinnon, Ian (7 March 2007). "Crisis talks to save Khmer Rouge trial". The Guardian . Archived from the original on 16 November 2007.
  80. "The Khmer Rouge Trial Task Force". Royal Cambodian Government . Archived from the original on 3 April 2005.
  81. 1 2 Buncombe, Andrew (11 October 2011). "Judge quits Cambodia genocide tribunal". The Independent . London.
  82. Munthit, Ker (12 August 2008). "Cambodian tribunal indicts Khmer Rouge jailer". USA Today . Associated Press . Retrieved 5 February 2017.
  83. "Kaing Guek Eav alias Duch Sentenced to Life Imprisonment by the Supreme Court Chamber". Extraordinary Chambers in the Courts of Cambodia. 3 February 2012. Retrieved 5 February 2017.
  84. 1 2 3 "Case 002". Extraordinary Chambers in the Courts of Cambodia. Archived from the original on 17 May 2011. Retrieved 5 February 2017.
  85. 1 2 3 4 "002/19-09-2007: Closing Order" (PDF). Extraordinary Chambers in the Courts of Cambodia. 15 September 2010. Retrieved 5 February 2017.
  86. 1 2 "UN genocide adviser welcomes historic conviction of former Khmer Rouge leaders". UN News. 16 November 2018. Retrieved 18 November 2018.
  87. "002/19-09-2007: Decision on immediate appeal against Trial Chamber's order to release the accused Ieng Thirith" (PDF). Extraordinary Chambers in the Courts of Cambodia. 13 December 2011. Retrieved 5 February 2017.
  88. "Rome Statute of the International Criminal Court: Article 11". United Nations Office of Legal Affairs. 17 July 1999. Retrieved 4 June 2017.
  89. "ICC: About the court". ICC. Archived from the original on 9 March 2010. Retrieved 6 February 2009.
  90. "Humanitarian Intervention in Darfur: A Viable Option?". Turkishweekly.net. 7 November 2008. Archived from the original on 8 January 2016. Retrieved 9 September 2013.
  91. "Al-Bashir Arrest Warrant Issued By International Criminal Court". Huffington Post. 4 March 2009. Archived from the original on 21 February 2010.
  92. "Sudan country profile". BBC News . 27 April 2010. Retrieved 3 May 2010.
  93. "The Online NewsHour: Crisis in Sudan | Janjaweed Militia | PBS". PBS . 28 January 2007. Archived from the original on 28 January 2007.
  94. "Racism at root of Sudan's Darfur crisis". Christian Science Monitor.
  95. "Darfur's Sorrow: A History of Destruction and Genocide. -- Britannica Online Encyclopedia". 8 December 2009. Archived from the original on 8 December 2009.
  96. Powell Declares Killing in Darfur 'Genocide', The NewsHour with Jim Lehrer, 9 September 2004
  97. "Witnessing Genocide in Sudan". CBS News . 8 October 2004. Retrieved 10 April 2016.
  98. 1 2 "Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General" (PDF). United Nations. 25 January 2005. p. 4. Retrieved 5 February 2017.
  99. "Security Council Resolution 1593 (2005)" (PDF). United Nations Security Council. 31 March 2005. Archived from the original (PDF) on 29 May 2005.
  100. Security Council Refers Situation in Darfur, Sudan, to Prosecutor of International Criminal Court, UN Press Release SC/8351, 31 March 2005
  101. "Fourth Report of the Prosecutor of the International Criminal Court, to the Security Council pursuant to UNSC 1593 (2005)" (PDF). International Criminal Court (ICC). 14 December 2006. Archived from the original (PDF) on 14 June 2007.
  102. "Statement by Mr. Luis Moreno Ocampo, Prosecutor of the International Criminal Court, to the United Nations Security Council pursuant to UNSCR 1593 (2005)" (PDF). International Criminal Court (ICC). 5 June 2008. Archived from the original (PDF) on 13 August 2008.
  103. Walker, Peter (14 July 2008). "Darfur genocide charges for Sudanese president Omar al-Bashir". The Guardian . London. Retrieved 15 July 2008.
  104. Staff. Warrant issued for Sudan's leader, BBC, 4 March 2009
  105. "Independent Legal Analysis of the Russian Federation's Breaches of the Genocide Convention in Ukraine and the Duty to Prevent" (PDF). New Lines Institute for Strategy and Policy; Raoul Wallenberg Centre for Human Rights. 27 May 2022. Archived (PDF) from the original on 16 June 2022. Retrieved 22 July 2022.
  106. "Ukrainian law enforcement officers record more than 300 cases of genocide – top prosecutor". Ukrinform . Retrieved 21 February 2023.
  107. "Factbox: Myanmar on trial for Rohingya genocide – the legal cases". Reuters . 1 November 2019. Retrieved 22 February 2023.
  108. "Application instituting proceedings and request for the indication of provisional measures. Document Number 192-20231228-APP-01-00-EN".
  109. "Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)".

Bibliography

Further reading