The International Law of Genocide: The case of Palestine

Mar 28, 2007

By James Risser
james.risser@gmail.com

In response to a comment that queried the existence of an active genocidal project on-going in Palestine, I have decided to write this brief diary on the subject, listing the relevant statutory language from the International Criminal Court and their definitions of the terms.

This is what the international crime of genocide is, as defined by the International Criminal Court. I shall leave it up to reader to render an opinion on whether the Palestinians are suffering from it or not. Of course, this same set can also be applied to the Iraqis under American occupation as well. So, it is directly relevant to any prosecution of the Bush Crime Family for their activities in Afghanistan, Iraq, and Iran (forthcoming).

Of course, America is not a signatory to the ICC.

Needless to say, there is no requirement that a signatory be charged with all five articles; a standard indictment may only have, say, Article 6(e) should children be transferred from one canton to another, or from one village to another, for example.

Note: the ICC begins footnoting this section with 2 and not 1; i have retained their numbering scheme.

Article 6

Genocide

Introduction

With respect to the last element listed for each crime:

–The term "in the context of" would include the initial acts in an emerging pattern;– The term "manifest" is an objective qualification;

– Notwithstanding the normal requirement for a mental element provided for in article 30, and recognizing that knowledge of the circumstances will usually be addressed in proving genocidal intent, the appropriate requirement, if any, for a mental element regarding this circumstance will need to be decided by the Court on a case-by-case basis.

Article 6 (a)
Genocide by killing
Elements

1. The perpetrator killed[fn 2] one or more persons.

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.

4. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.

Article 6 (b)
Genocide by causing serious bodily or mental harm
Elements

1. The perpetrator caused serious bodily or mental harm to one or more persons.[fn 3]

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.

4. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.

Article 6 (c)
Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction
Elements

1. The perpetrator inflicted certain conditions of life upon one or more persons.

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.

4. The conditions of life were calculated to bring about the physical destruction of that group, in whole or in part.[fn 4]

5. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.

Article 6 (d)
Genocide by imposing measures intended to prevent births
Elements

1. The perpetrator imposed certain measures upon one or more persons.

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.

4. The measures imposed were intended to prevent births within that group.

5. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.

Article 6 (e)
Genocide by forcibly transferring children
Elements

1. The perpetrator forcibly transferred one or more persons.[fn 5]

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.

4. The transfer was from that group to another group.

5. The person or persons were under the age of 18 years.

6. The perpetrator knew, or should have known, that the person or persons were under the age of 18 years.

7. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.

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[fn 2] The term "killed" is interchangeable with the term "caused death".

[fn 3] This conduct may include, but is not necessarily restricted to, acts of torture, rape, sexual violence or inhuman or degrading treatment.

[fn 4] The term "conditions of life" may include, but is not necessarily restricted to, deliberate deprivation of resources indispensable for survival, such as food or medical services, or systematic expulsion from homes.

[fn 5] The term "forcibly" is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment.