Genocide

Question 1

Which Article of the Rome Statute is Genocide?

Answer 1

Genocide is Article 6

Question 2

Elements of Genocide

Answer 2

(1) Acts committed (Objective)
(2) Intent to destroy (Subjective)
(3) In whole or in part a national, ethnical, racial or religious group (Subjective)

Question 3

Objective element of Genocide

Answer 3

5 specific acts:

(1) Killing
(2) Causing serious bodily or mental harm
(3) Conditions of life to bring about destruction
(4) Measures to prevent birth
(5) Forcibly transferring children

Question 4

Subjective element of Genocide

Answer 4

Intent to destroy in whole or in part a national, ethnical, racial or religious group.

Intent is defined in Article 30 - Mental Element

Question 5

Where is intent defined?

Answer 5

Article 30

Question 6

What is the mental element made up of?

Answer 6

Article 30
Intent and Knowledge

Intent - Article 30(2)
Knowledge - Article 30(3)

Question 7

Definitions of “Group”

Answer 7

Akayesu - Constituted in a permanent fashion and membership of which is determined by birth.

Rutaganda - Assessed in light of the political, social, and cultural context. Subjective rather than objective concept. Victim perceived by the perpetrator of the genocide as belonging to the group slated for destruction.

Semanza - Mixed approach. Whether a group is protected should be assessed on a case-by-case basis by reference to objective factors and subjective perception of the perpetrators.

Question 8

Akayesu

Answer 8

Constituted in a permanent fashion and membership of which is determined by birth

Question 9

Rutaganda

Answer 9

Assessed in light of the political, social, and cultural context. Subjective rather than objective concept. Victim perceived by the perpetrator of the genocide as belonging to the group slated for destruction.

Question 10

Semanza

Answer 10

Mixed approach. Whether a group is protected should be assessed on a case-by-case basis by reference to objective factors and subjective perception of the perpetrators.

Question 11

What case defines the intent to destroy?

Answer 11

Krstic

Intent to destroy a group means seeking to destroy a distinct part as opposed to an accumulation of individuals.

Question 12

Krstic

Answer 12

Defines intent to destroy

Intent to destroy a group means seeking to destroy a distinct part as opposed to an accumulation of individuals.

Question 13

Do responsibilities other than perpetration exist?

Answer 13

Yes

Incitement - Article 25(3)(e)

Attempt - Article 25(3)(f)

Complicity - Article 25(3)(c) and (d)

Question 14

Incitement

Answer 14

Article 25(3)(e)

Question 15

Attempt

Answer 15

Article 25(3)(f)

Complicity - Article 25(3)(c) and (d)