International Journal of Physical and Social Sciences
  • Year: 2015
  • Volume: 5
  • Issue: 8

The crime of genocide in relation to international criminal law

  • Author:
  • Morteza Ghasemi
  • Total Page Count: 10
  • Page Number: 24 to 33

*Corresponding Author Email: mehran.asadzadeh@gmail.com

Online published on 25 December, 2015.

Abstract

Mass murder or genocide refers to criminal acts with intent to destroy, of the national, ethnic, racial or religious groups in whole or in part. The mass murder of Jews during World War II, the killings were carried out by the Khmer Rouge in Cambodia in the late '70s, and Idi Amin in Uganda in the late 60′s and 70′s that led to the death of thousands, Massacres of Tutsi by Hutu in Rwanda in 1990,s, the Armenian Genocide in Turkey in 1915 and the massacre of Kurds and Shiites in the 80s and 90s by Saddam Hussein, Massacre of Palestinians in Sabra, Shatila and Gaza by the Israeli, massacre of Bosnian Muslims and the recent Shiites massacre in Bahrain by the country's ruling system and Saudi forces and many other cases, are only part of crimes, crimes that have been carried out by criminals according the policy of genocide. The Suggestion of genocide as considering a crime originally founded in 1933 by a Polish lawyer called Raphael Lemkin. He is the originator of the term genocide, who during the Fifth International Conference of integration of criminal law in Madrid suggested that the destruction of racial, religious or social groups is considered as a crime in terms of international law. He beliefs were published in his book entitled “The Role of the Axis powers in occupied Europe” in 1944 and discussed in more details.(Lemkin 1994:63). The United Nations in their first year of activity in 1946, with the stipulation that genocide is a crime under international law, provided the convention on the Prevention and Punishment of genocide in 1948. But this type of crimes continues to rise like the today's brutal killing of Muslims in Myanmar and etc. (Sadeghi 1377). This paper we will examine Generalities about the meaning and elements of genocide from the perspective of international criminal law.

Keywords

Genocide, Racial or religious groups, International criminal law, Crimes against humanity, the International Criminal Court