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Genocide: The Definition

The international legal definition of the crime of genocide is found in Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide.

Article II describes two elements of the crime of genocide:

1) the mental element, meaning the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such", and 2) the physical element which includes five acts described in sections a, b, c, d and e. A crime must include both elements to be called "genocide."

Article III described five punishable forms of the crime of genocide: genocide; conspiracy, incitement, attempt and complicity.

Definition of genocide under article 6 of the Rome Statute for International Criminal Court (ICC) is as follows:

For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

Act:	Genocide by killing	Genocide by causing serious bodily or mental harm	Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction	Genocide by imposing measures intended to prevent births	Genocide by forcibly transferring children
Conduct	1. The perpetrator killed one or more persons.	1. The perpetrator caused serious bodily or mental harm to one or more persons	1. The perpetrator inflicted certain conditions of life upon one or more persons.	1. The perpetrator imposed certain measures upon one or more persons.	1. The perpetrator forcibly transferred one or more persons.
Note	Note: The term "killed" is interchangeable with the term "caused death".	Note: This conduct may include, but is not necessarily restricted to, acts of torture, rape, sexual violence or inhuman or degrading treatment.	Note: 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.		Note: 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.
Conse- quences and Circum-stances			4. The conditions of life were calculated to bring about the physical destruction of that group, in whole or in part.	4. The measures imposed were intended to prevent births within that group.	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.
	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.	2. Such person or persons belonged to a particular national, ethnical, racial or religious group.
Intent	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.	3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.
Context	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.	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.	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.	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.	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.
Note	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification	The term "in the context of" would include the initial acts in an emerging pattern; - The term "manifest" is an objective qualification

Definitions of social scientists and historians

Frank Chalk and Kurt Jonassohn:
"Genocide is a form of one-sided mass killing in which a state or other authority intends to destroy a group, as that group and membership in it are defined by the perpetrator" (The History and Sociology of Genocide , 1990).

Israel W. Charny:
"Genocide in the generic sense is the mass killing of substantial numbers of human beings, when not in the course of military forces of an avowed enemy, under conditions of the essential defenselessness and helplessness of the victims". (in Genocide: Conceptual and Historical Dimensions ed. George Andreopoulos, 1994).

Helen Fein:
"Genocide is sustained purposeful action by a perpetrator to physically destroy a collectivity directly or indirectly, through interdiction of the biological and social reproduction of group members, sustained regardless of the surrender or lack of threat offered by the victim". (Genocide: A Sociological Perspective, 1993/1990).

Barbara Harff and Ted R. Gurr:
"By our definition, genocides and politicides are the promotion and execution of policies by a state or its agents which result in the deaths of a substantial portion of a group. The difference between genocides and politicides is in the characteristics by which members of the group are identified by the state. In genocides the victimized groups are defined primarily in terms of their communal characteristics, i.e., ethnicity, religion or nationality. In politicides the victim groups are defined primarily in terms of their hierarchical position or political opposition to the regime and dominant groups" ("Toward empirical theory of genocides and politicides," International Studies Quarterly 37, 3 [1988]).

Steven T. Katz:
"the concept of genocide applies only when there is an actualized intent, however successfully carried out, to physically destroy an entire group (as such a group is defined by the perpetrators)" (The Holocaust in Historical Perspective, Vol. 1, 1994).

Convention of Genocide

Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), New York, 9 December 194.

Entry into force: 12 January 1951, in accordance with article XIII.
Text: United Nations treaty series vol. 78, p. 277.

Preamble of CPPCG

The Contracting Parties,

Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,
Recognizing that at all periods of history genocide has inflicted great losses on humanity, and Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,
Hereby agree as hereinafter provided:

Crime under International Law & Definition of Genocide

Article I: The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

Article II: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;

Punishable Acts

Article III: The following acts shall be punishable:

(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.

Responsible individuals

Article IV: Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

National legislation & Tribunals

Article V: The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.

Article VI: Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

Extradition, Prevention and Suppression

Article VII: Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

Article VIII: Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

Disputes submitted to the Int'l Court of Justice

Article IX: Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

Bangladesh�s Reservation on Article IX: "Article IX: For the submission of any dispute in terms of this article to the jurisdiction of the International Court of Justice, the consent of all parties to the dispute will be required in each case."

Language, Signature, ratification and accession

Article X: The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.

Article XI: The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any nonmember State to which an invitation to sign has been addressed by the General Assembly.

The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid. Instruments of accession shall be deposited with the Secretary-General of the United Nations.