Definition for genocide
The term "genocide" refers to the intentional act to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such. This definition is codified under international law in instruments such as the Convention on the Prevention and Punishment of the Crime of Genocide (1948).
Inclusive Elements
- Killing members of the group.
- Causing serious bodily or mental harm to members of the group.
- Deliberately inflicting conditions of life calculated to bring about its physical destruction in whole or in part.
- Imposing measures intended to prevent births within the group.
- Forcibly transferring children of the group to another group.
Exclusive Elements
Genocide does not include political and social groups. It is specifically focused on national, ethnical, racial, or religious groups. Actions against political groups are considered other forms of crimes under international law, like "crimes against humanity."
Contextual Usage
The term is used in both legal and colloquial contexts to describe the worst forms of atrocities committed with the intent of annihilating a particular group. In legal contexts, it triggers specific obligations and responses from the international community, including intervention and prosecution.
Exceptions and Qualifications
Genocide requires intent, known as dolus specialis, which distinguishes it from other types of crimes that may result in similar levels of destruction but lack intent. Therefore, actions that result in significant harm to a group but are committed without the intent to destroy are not classified as genocide.