Explain and comment upon the proposition that the crime of genocide is clearly defined but difficult to prove Explain
Question
Explain and comment upon the proposition that the crime of genocide is clearly defined but difficult to prove
Explain
Solution
The crime of genocide is defined by the United Nations in the Convention on the Prevention and Punishment of the Crime of Genocide (1948) as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." This includes 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.
However, proving genocide can be difficult for several reasons. Firstly, the requirement of "intent" to destroy a group is a high bar to meet. It requires evidence that the perpetrators specifically intended to destroy the group, not just that they committed acts that had that effect. This often requires evidence of planning or policy that can be hard to obtain.
Secondly, the definition of a "group" is also contentious. What constitutes a "national, ethnical, racial or religious group" can be subject to interpretation and debate, making it harder to prove that a particular group was targeted.
Thirdly, the scale of genocide often makes it difficult to gather evidence. Genocides often occur in the context of war or other forms of mass violence, where evidence can be destroyed, witnesses killed or displaced, and the rule of law undermined.
Finally, political considerations can also make it difficult to prove genocide. States may be reluctant to accuse others of genocide due to diplomatic considerations, or may deny or downplay their own crimes. International bodies like the International Criminal Court can also be hampered by political interference or lack of cooperation from states.
In conclusion, while the crime of genocide is clearly defined in international law, proving it in practice can be a complex and challenging task.
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