Tuesday, August 13, 2019
International criminal law Essay Example | Topics and Well Written Essays - 2000 words
International criminal law - Essay Example urder or conspiracy to kill members of a particular group with the aim of eradicating that group in totality.1 For genocide to qualify as a crime it must have two elements namely; the physical element and the mental component. The physical component involves committing five acts that are stipulates in Article two of the Convention that include; forcibly transferring children of a particular group to another one, killing members of a certain group, imposing measures or rather sanctions that are of the intent of hindering births within a particular group and causing mental and bodily torture to members of a group. The mental element is primarily based on the intent to destroy partly or in whole a religious, national, ethnic or racial setting. 2 In order for a crime to be regarded as genocide, it has to satisfy the provision of the two elements to make the perpetrators culpable under the internal criminal law. Both factors are crucial in forming the premise of genocide as a crime since none of them is independent, and thus they have to be satisfied to substantiate the crime. 3 Article three of the Genocide Convention outlines five distinct acts that are punishable in the context of the crime of genocide. These acts are as follows; complicating in genocide, attempt to commit genocide, genocide, direct and public incitement to commit genocide. When the actions outlined in this article are combined with the actual acts described in Article two of the Convention the result is the crime of genocide. Under the Convention of Genocide, the law protects four particular groups whose execution should amount to genocide. A religious group involves one whose members share common religious practices and beliefs. An ethnic group is that whose members can be identified by a common language or any other cultural identities. A racial group is primarily people who can be defined by standard physical characteristics for instance; skin colour. A national group is composed of individuals
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