Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Meaning of the Word “Destroy” and its Implications for the Wider Understanding of the Concept of Genocide

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter discusses that the essence of the legal definition of genocide is captured in the word "destroy" - part of mental element of the crime - , namely, that an act is committed with the specific intent to destroy a group. A review of recent jurisprudence on the meaning of the word "destroy" will indicate to what extent, if at all, the definition of genocide, as applied by international judges, has moved beyond its original conceptualization. The International Criminal Tribunal for Rwanda (ICTR) was a pioneer in that it was the first international criminal tribunal to apply the definition of genocide to a specific case resulting in a conviction. The ICTR Trial Chambers thus emphasized that the word "destroy" should be understood as "the material destruction of a group either by physical and biological means and not the destruction of the national, linguistic, religious, cultural or other identity of a particular group.".

Keywords:biological destruction; Genocide Convention; International Criminal Tribunal for Rwanda (ICTR)

10.1163/9789004221314_006
/content/books/b9789004221314s006
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Genocide Convention — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation