28 April 2006
What distinguishes genocide from other crimes is its focus on groups. Mass killing alone is not genocide. Nor is rape or torture, if motivated solely by hatred of an other. Genocide occurs when a person commits certain acts while possessing the state of mind speci?ed in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide: “the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”. 1 This enumeration of four groups deserving protection re?ects the drafters’ deletion of other groups, political, economic, social, and cultural. That a vic-tim belonged to a protected group, moreover, does not suf?ce. Conviction requires proof that the victim was seen as belonging to such a group; that is, that the victim was chosen because of perceived membership in a group targeted for destruction. This complex mens rea – this element of a group mentality – characterizes genocide and no other crime . .
Direct Link To The Document
Group Mentality, Expressivism, And Genocide Diane Marie Amann
Labels: Research PAPERS