چکیده:
The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the General Assembly of the United Nations in December 1948 to protect the existence of national, ethnic, racial or religious groups. The horrific crimes that occurred in the former Yugoslavia and Rwanda, and the attempts by dominant majority groups to destroy minority Muslim and Tutsi groups in these countries, led to a reaction from the United Nations Security Council. The Council, by establishing the International Criminal Tribunals for the former Yugoslavia and Rwanda, considered the punishment of the perpetrators of these crimes as a step towards restoring international peace and security. One of the crimes listed in the statutes of the aforementioned criminal courts is the crime of genocide. This article attempts to demonstrate the current progress of international criminal law in protecting minorities by examining the practice of the Yugoslav and Rwandan tribunals in establishing the material and mental elements of this crime, especially establishing the existence of the intent to destroy national, ethnic, racial or religious groups wholly or in part, which is a subjective matter.
خلاصه ماشینی:
Supporting the Right to Existence of Minorities in Light of the Punishment of Perpetrators of Genocide in International Judicial Practice ∗ Sattar Azizi Assistant Professor, Department of International Law, Bu Ali Sina University, Hamedan (Date of Receipt: 2005/11/10 Date of Approval: 2006/12/22) Abstract: The Convention on the Prevention and Punishment of the Crime of Genocide was approved by the General Assembly of the United Nations in December 1948 to protect the existence of national, ethnic, racial or religious groups.
This article attempts to demonstrate the current progress of international criminal law in protecting minorities by examining the practice of the Yugoslav and Rwandan tribunals in establishing the material and mental elements of this crime, particularly establishing the existence of intent to destroy wholly or partially national, ethnic, racial or religious groups, which is a subjective matter.
2. Definition and Status of the Prohibition of Genocide in the International Legal System The definition given in Articles 4 and 2 of the Statutes of the International Criminal Tribunals for the former Yugoslavia and Rwanda of the crime of genocide is exactly the same as the definition in Article 2 of the Convention on the Prevention and Punishment of Genocide: “In this Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, namely: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Intentionally 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; and (e) Forcibly transferring children of the group to another group.
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