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The Genocide Convention’s Protected Groups: A Place For Gender?

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Chapter Summary

This chapter explores the relationship between the notion of gender within the crime of genocide, and the basis for the groups protected by the legal definition of the offence. It focuses on a conceptual analysis of the notion of a genocide targeting a gender group, i.e. a genocide targeting men or women with the intent to destroy in whole or in part their gender group. The chapter examines the legal position of the currently protected groups mentioned explicitly by the Genocide Convention. It briefly outlines how Lemkin developed the concept of the crime of genocide and asks whether the spirit of the offence should not also cover gender groups. The chapter considers the jurisprudence of the International Criminal Tribunals, in particular, Akayesu, which, arguably, suggests the extension of the protected groups to cover any which is 'stable and permanent'.

Keywords: gender; Genocide Convention; International Criminal Tribunals; protected groups



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