Reflections on Genocide as the Ultimate Crime
Genocide is a well-defined term in international law – in the 1948 Genocide Convention and Article 6 of the Rome Statute.The most respected international tribunals have separately agreed that proof of the crime of genocide depends on an extremely convincing presentation of factual evidence, including documentation of an intent to destroy in whole or in part national, ethnic, racial or religious group. The International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Court of Justice – all have endeavoured to provide authoritative tests of “intent,” treating intent as the essential element in the crime of genocide. This jurisprudence is what should be guiding our politicians in reaching prudent conclusions as to whether there exist credible grounds to put forward accusations of genocide, given its inflammatory effects. We should be asking whether the factual situation is clouded, calling for an independent international investigation followed by further action if deemed appropriate, and in nuclear-armed world, we should be extremely careful before making such an accusation.