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Genocides in history

February 16, 2024

Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group. The term was coined in 1944 by Raphael Lemkin. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group's conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."[1]

The preamble to the CPPCG states that "genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world", and it also states that "at all periods of history genocide has inflicted great losses on humanity."[1]

Alternate definitions

See also: Genocide definitions

The debate continues over what legally constitutes genocide. One definition is any conflict that the International Criminal Court has so designated. Mohammed Hassan Kakar argues that the definition should include political groups or any group so defined by the perpetrator.[2] He prefers the definition from Frank Chalk and Kurt Jonassohn, which defines genocide as "a form of one-sided mass killing in which a state or other authority intends to destroy a group so defined by the perpetrator."[3]

In literature, some scholars have popularly emphasized the role that the Soviet Union played in excluding political groups from the international definition of genocide, which is contained in the Genocide Convention of 1948,[4] and in particular they have written that Joseph Stalin may have feared greater international scrutiny of the political killings that occurred in the country, such as the Great Purge;[5] however, this claim is not supported by evidence. The Soviet view was shared and supported by many diverse countries, and they were also in line with Raphael Lemkin's original conception,[a] and it was originally promoted by the World Jewish Congress.[7]

Genocides before World War I

Main article: Genocides in history (before World War I)

Analysis of genocides before World War I is the result of modern studies that apply objectivity and fact, while previous accounts of genocides mostly aimed to emphasize one's own superiority. According to Frank Chalk, Helen Fein, and Kurt Jonassohn, if a dominant group of people had little in common with a marginalized group of people, it was easy for the dominant group to define the marginalized group as a subhuman group; the marginalized group might be labeled a threat that must be eliminated.[8]

While the concept of genocide was formulated by Lemkin in the mid-20th century, the expansion of various European colonial powers, such as the British and the Spanish Empires, and the subsequent establishment of colonies on indigenous territory frequently involved acts of genocidal violence against indigenous groups in the Americas (including Brazil, Paraguay, and the United States), Australia, Africa, and Asia.[9] According to Lemkin, colonization was in itself "intrinsically genocidal", and he saw this genocide as a two-stage process, the first being the destruction of the indigenous population's way of life. In the second stage, the newcomers impose their way of life on the indigenous group.[10][11] According to David Maybury-Lewis, imperial and colonial forms of genocide are enacted in two main ways, either through the deliberate clearing of territories of their original inhabitants to make them exploitable for purposes of resource extraction or colonial settlements, or through enlisting indigenous peoples as forced laborers in colonialist or imperialist projects of resource extraction.[12] The designation of specific events as genocidal is often controversial.[13]

Genocides from World War I through World War II

Main article: Genocides in history (World War I through World War II)

In 1915, one year after the outbreak of World War I, the concept of crimes against humanity was introduced into international relations for the first time, when the Allies of World War I sent a letter to the government of the Ottoman Empire, a member of the Central Powers, to protest against the late Ottoman genocides that were taking place within the empire, among them, the Armenian genocide, the Assyrian genocide, the Greek genocide, and the Great Famine of Mount Lebanon.[14] The Holocaust, the Nazi genocide of 6 million European Jews during World War II, is the most studied genocide,[15] and it is also a prototype of genocide;[16] one of the most controversial questions among comparative scholars is the question of the Holocaust's uniqueness, which led to the Historikerstreit in West Germany during the 1980s,[17] and whether there exist historical parallels, which critics believe trivializes it.[18]

Genocide studies started as a side academic field of Holocaust studies, whose researchers associated genocide with the Holocaust and believed that Raphael Lemkin's definition of genocide was too broad.[16] In 1985, the United Nations' (UN) Whitaker Report cited the massacre of 100,000 to 250,000 Jews in more than 2,000 pogroms which occurred as part of the White Terror during the Russian Civil War as an act of genocide; it also suggested that consideration should be given to ecocide, ethnocide, and cultural genocide.[19]

Genocides from 1946 through 1999

Main article: Genocides in history (1946 to 1999)

The Genocide Convention was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951. After the necessary twenty countries became parties to the convention, it came into force as international law on 12 January 1951;[20] however, only two of the five permanent members of the UN Security Council were parties to the treaty, which caused the Convention to languish for over four decades.[21] During the Cold War era, mass atrocities were committed by anti-communist/capitalist regimes,[22][23] as well as by communist regimes,[24] among them the Indonesian mass killings of 1965–66, the 1971 Bangladesh genocide, the Cambodian genocide, the 1984 Sikh genocide, the Guatemalan genocide and the East Timor genocide.[25]

The Rwandan genocide gave an extra impetus to genocide studies in the 1990s.[26]

Genocides after 2000

Main article: Genocides in history (21st century)
 
Skulls of victims of the Rwandan genocide

In The Guardian, David Alton, Helen Clark, and Michael Lapsley wrote that the reasons for the Rwandan genocide and crimes such as the Bosnian genocide of the Yugoslav Wars had been analyzed in-depth, and they also stated that genocide prevention had been extensively discussed. They described the analyses as producing "reams of paper [that] were dedicated to analyzing the past and pledging to heed warning signs and prevent genocide."[27]

A group of 34 non-governmental organizations and 31 individuals, calling themselves African Citizens, referred to the Rwanda: The Preventable Genocide report prepared by a panel headed by former Botswana president Quett Masire for the Organisation of African Unity, which later became the African Union.[28] African Citizens highlighted the sentences, commenting: "Indisputably, the most important truth that emerges from our investigation is that the Rwandan genocide could have been prevented by those in the international community who had the position and means to do so. ... The world failed Rwanda. ... [The United Nations] simply did not care enough about Rwanda to intervene appropriately."[29] Chidi Odinkalu, former head of the National Human Rights Commission of Nigeria, was among those involved with African Citizens.[30]

The ongoing Amhara genocide started in the early 1990s with the implementation of ethnic federalism under the TPLF-led ruling, and events of the Northern Ethiopia war (Tigray conflict) since 2020 that intensified the violence further with war crimes committed by the Tigray forces in both the Amhara & Afar regions. On 20 November 2021, Genocide Watch called for genocide in Ethiopia, predicted in the context of the war in Tigray and also the violence across the Oromia, and the Benishangul-Gumuz (Metekel) regions that worsened since 2018.[31] On 21 November, Odinkalu called for genocide prevention, stating: "We need to focus on an urgent programme of Genocide Prevention advocacy on Ethiopia NOW. It may be too late in 2 weeks, guys."[30] On 26 November, African Citizens and Alton, Clark, and Lapsley also called for the predicted genocide to be prevented.[27][29]

The Rohingya genocide is an ongoing genocide of the Muslim Rohingya people consisting of arson, rape, ethnic cleansing, and infanticide by the Burmese military. The genocide has so far consisted of two phases so: the first was a military crackdown that occurred from October 2016 to January 2017, and the second has been occurring since August 2017.[32][33]

The Uyghur genocide is an ongoing series of human rights abuses committed by the Chinese government against Uyghurs and other ethnic and religious minorities in Xinjiang.[34] Legislatures in several countries, including Canada,[35] the United Kingdom,[36] and France,[37] have passed non-binding motions describing China's actions as genocide. The United States officially denounced China's treatment of Uyghurs as a genocide.[38]

International prosecution

Ad hoc tribunals

In 1951, only two of the five permanent members of the UN Security Council (UNSC) were parties to the convention, namely France and the Republic of China. The treaty was ratified by the Soviet Union in 1954, the United Kingdom in 1970, the People's Republic of China in 1983 (having replaced the Taiwan-based Republic of China on the UNSC in 1971), and the United States in 1988.[39] In the 1990s, the international law on the crime of genocide began to be enforced.[21]

Bosnia and Herzegovina

See also: Bosnian genocide and Srebrenica massacre
 
Exhumed mass grave of Srebrenica massacre victims in 2007

In July 1995, Serbian forces killed more than 8,000[40][41][42] Bosniaks (Bosnian Muslims), mainly men and boys, both in and around the town of Srebrenica during the Bosnian War.[43][44] The killing was perpetrated by units of the Army of Republika Srpska (VRS) which were under the command of General Ratko Mladić. The Secretary-General of the United Nations described the mass murder as the worst crime on European soil since the Second World War.[45][46] A paramilitary unit from Serbia known as the Scorpions, officially a part of the Serbian Interior Ministry until 1991, participated in the massacre,[47][48] along with several hundred Russian and Greek volunteers.[49][50]

In 2001, the International Criminal Tribunal for the Former Yugoslavia (ICTY) delivered its first conviction for the crime of genocide, against General Krstić for his role in the 1995 Srebrenica massacre (on appeal he was found not guilty of genocide but was instead found guilty of aiding and abetting genocide).[51]

In February 2007, the International Court of Justice (ICJ) returned a judgment in the Bosnian Genocide Case. It upheld the ICTY's findings that genocide had been committed in and around Srebrenica but did not find that genocide had been committed on the wider territory of Bosnia and Herzegovina during the war. The ICJ also ruled that Serbia was not responsible for the genocide nor was it responsible for "aiding and abetting it", although it ruled that Serbia could have done more to prevent the genocide and that Serbia failed to punish the perpetrators.[52] Before this ruling, the term Bosnian Genocide had been used by some academics[53][54][55] and human rights officials.[56]

In 2010, Vujadin Popović, Lieutenant Colonel and the Chief of Security of the Drina Corps of the Bosnian Serb Army, and Ljubiša Beara, Colonel and Chief of Security of the same army, were convicted of genocide, extermination, murder and persecution by the ICTY for their role in the Srebrenica massacre and were each sentenced to life in prison.[57][58][59][60] In 2016 and 2017, Radovan Karadžić[61] and Ratko Mladić were sentenced for genocide.[62]

German courts handed down convictions for genocide during the Bosnian War. Novislav Djajic was indicted for his participation in the genocide, but the Higher Regional Court failed to find that there was sufficient certainty for a criminal conviction for genocide. Nevertheless, Djajic was found guilty of 14 counts of murder and one count of attempted murder.[63] At Djajic's appeal on 23 May 1997, the Bavarian Appeals Chamber found that acts of genocide were committed in June 1992, confined within the administrative district of Foca.[64] The Higher Regional Court (Oberlandesgericht) of Düsseldorf, in September 1997, handed down a genocide conviction against Nikola Jorgic, a Bosnian Serb from the Doboj region who was the leader of a paramilitary group located in the Doboj region. He was sentenced to four terms of life imprisonment for his involvement in genocidal actions that took place in regions of Bosnia and Herzegovina, other than Srebrenica.[65] On 29 November 1999, the Higher Regional Court (Oberlandesgericht) of Düsseldorf "condemned Maksim Sokolovic to 9 years in prison for aiding and abetting the crime of genocide and for grave breaches of the Geneva Conventions."[66]

Rwanda

The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offences committed during the Rwandan genocide during April and May 1994, commencing on 6 April. The ICTR was created on 8 November 1994 by the UN Security Council to resolve claims in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. For approximately 100 days from the assassination of President Juvénal Habyarimana on 6 April through mid-July, at least 800,000 people were killed according to a Human Rights Watch estimate.[67][68][69]

As of mid-2011, the ICTR had convicted 57 people and acquitted 8. Another ten persons were still on trial while one (Bernard Munyagishari) is awaiting trial; nine remain at large.[70] The first trial, of Jean-Paul Akayesu, ended in 1998 with his conviction for genocide and crimes against humanity.[71] Jean Kambanda, the interim prime minister during the genocide, pleaded guilty. This was the world's first conviction for genocide, as defined by the 1948 Convention.[72]

Cambodia

See also: Autogenocide, Cambodian genocide, Cambodian genocide denial, Killing Fields, and Tuol Sleng Genocide Museum
 
Skulls at the Choeung Ek memorial in Cambodia

The Khmer Rouge, led by Pol Pot, Ta Mok, and others, perpetrated the mass killing of ideologically suspect groups, ethnic minorities such as ethnic Vietnamese, Chinese or Sino-Khmers, Chams, and Thais, former civil servants, former government soldiers, Buddhist monks, secular intellectuals and professionals, and former city dwellers. Khmer Rouge cadres who were defeated in factional struggles were also liquidated in purges. Man-made famine and slave labor resulted in many hundreds of thousands of deaths.[73] Craig Etcheson suggested that the death toll was between 2 and 2.5 million, with a most likely figure of 2.2 million. After spending five years excavating 20,000 grave sites, he concluded that "these mass graves contain the remains of 1,386,734 victims of execution."[74] Steven Rosefielde argued that the Khmer Rouge were not racist by claiming that they did not intend to exterminate ethnic minorities, and he also stated that the Khmer Rouge did not intend to exterminate the Cambodian people as a whole; in his view, the Khmer Rouge's brutality was the product of an extreme version of communist ideology.[75]

On 6 June 2003, the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia (ECCC), which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of Cambodia from 1975 to 1979.[76] The judges were sworn in during early July 2006.[77][78][79]

The investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007.[80]

 
Khieu Samphan at a public hearing before the pre-trial Cambodia Tribunal on 3 July 2009
  • Kang Kek Iew was formally charged with war crimes and crimes against humanity and detained by the Tribunal on 31 July 2007. He was indicted on charges of war crimes and crimes against humanity on 12 August 2008.[81] His appeal was rejected on 3 February 2012, and he continued serving a sentence of life imprisonment.[82]
  • Nuon Chea, a former prime minister, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial began on 27 June 2011.[83][84] On 16 November 2018, he was sentenced to life in prison for genocide.[85]
  • Khieu Samphan, a former head of state, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 19 September 2007. His trial also began on 27 June 2011.[83][84] On 16 November 2018, he was sentenced to life in prison for genocide.[85]
  • Ieng Sary, a former foreign minister, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. He was transferred into the custody of the ECCC on 12 November 2007. His trial began on 27 June 2011.[83][84] He died in March 2013.
  • Ieng Thirith, wife of Ieng Sary and a former minister for social affairs, was indicted on charges of genocide, war crimes, crimes against humanity, and several other crimes under Cambodian law on 15 September 2010. She was transferred into the custody of the ECCC on 12 November 2007. Proceedings against her have been suspended pending a health evaluation.[84][86]

Some of the international jurists and the Cambodian government disagreed over whether any other people should be tried by the Tribunal.[80]

International Criminal Court

See also: International Criminal Court

The ICC can only prosecute crimes that were committed on or after 1 July 2002.[87][88]

Darfur, Sudan

See also: Darfur genocide, Second Sudanese Civil War, and War in Darfur
 
Sudanese President Omar al-Bashir, wanted by the ICC

The ongoing racial[89][90][91] conflict in Darfur, Sudan,[92] which started in 2003,[93][94] was declared a genocide by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee.[95][96] Since that time however, no other permanent member of the UN Security Council has followed suit. In January 2005, an International Commission of Inquiry on Darfur, authorized by UN Security Council Resolution 1564 of 2004, issued a report stating that "the Government of the Sudan has not pursued a policy of genocide."[97] Nevertheless, the Commission cautioned that "The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide."[97]

In March 2005, the Security Council formally referred the situation in Darfur to the ICC, taking into account the Commission report but without mentioning any specific crimes.[98] Two permanent members of the Security Council, the United States and China, abstained from the vote on the referral resolution.[99] As of his fourth report to the Security Council, the Prosecutor found "reasonable grounds to believe that the individuals identified [in the UN Security Council Resolution 1593] have committed crimes against humanity and war crimes", but did not find sufficient evidence to prosecute for genocide.[100]

In April 2007, the ICC issued arrest warrants against the former Minister of State for the Interior, Ahmad Harun, and a Janjaweed militia leader, Ali Kushayb, for crimes against humanity and war crimes.[101] On 14 July 2008, the ICC filed ten charges of war crimes against Sudan's president Omar al-Bashir, three counts of genocide, five of crimes against humanity, and two of murder. Prosecutors claimed that al-Bashir "masterminded and implemented a plan to destroy in substantial part" three tribal groups in Darfur because of their ethnicity.[102] On 4 March 2009, the ICC issued a warrant for al-Bashir's arrest for crimes against humanity and war crimes but not for genocide. This is the first warrant issued by the ICC against a sitting head of state.[103]

International Court of Justice

Ukraine

Two days after the start of the Russian invasion of Ukraine in 2022, on 26 February, Ukraine brought the case of Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide before the ICJ. The case followed false Russian accusations of genocide in Donbas which genocide scholars have described as accusation in a mirror as part of a campaign of genocide incitement.[104] The court is conducting an investigation of all allegations of genocide in Ukraine.

In November 2022, Ukraine's Prosecutor General Andriy Kostin said that during the course of five proceedings on genocide by law enforcement, investigators had recorded "more than 300 facts that belong precisely to the definition of genocide".[105]

Rohingya

On 11 November 2019, The Gambia lodged an application to the ICJ against Myanmar. It alleged that Myanmar has committed mass murder, rape, and destruction of communities against the Rohingya group in Rakhine state since about October 2016 and that those actions violated the Genocide Convention. [106]

Israel

On December 29, 2023, South Africa filed an Application instituting proceedings against Israel with the ICJ alleging that Israel had violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the "Genocide Convention") during its 2023 offensive in the Gaza Strip.[107] South Africa's standing is based on the *erga omnes partes* nature of the Genocide Convention, which allows and obligates States Parties to the convention to take measures to prevent and punish the crime of genocide. South Africa requested indication of provisional measures by the ICJ, including that Israel end its military operations, to "protect against further, severe and irreperable harm to the rights of the Palestinian people under the Genocide Convention", triggering an urgent preliminary hearing. Public hearings on the provisional measures question were held on January 11 (oral arguments by South Africa) and January 12 (oral arguments by Israel), respectively.[108]

See also

Main article: Outline of Genocide studies

Notes

  1. ^ By 1951, Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide; his concept of genocide, as it was outlined in Axis Rule in Occupied Europe, covered Stalinist deportations as genocide by default, and differed from the adopted Genocide Convention in many ways. From a 21st-century perspective, its coverage was very broad, and as a result, it would classify any gross human rights violation as a genocide, and many events that were deemed genocidal by Lemkin did not amount to genocide. As the Cold War began, this change was the result of Lemkin's turn to anti-communism in an attempt to convince the United States to ratify the Genocide Convention.[6]

References

  1. ^ a b . Office of the United Nations High Commissioner for Human Rights. 12 January 1951. Archived from the original on 11 December 2005. Note: "ethnical", although unusual, is found in several dictionaries.
  2. ^ Kakar, Mohammed Hassan (1995). Afghanistan: The Soviet Invasion and the Afghan Response, 1979–1982. University of California Press. pp. 213–214. ISBN 978-0-5209-1914-3 – via Google Books.
  3. ^ Chalk & Jonassohn 1990.
  4. ^ Staub 1989, p. 8.
  5. ^ Gellately & Kiernan 2003, p. 267.
  6. ^ Weiss-Wendt 2005.
  7. ^ Schabas 2009, p. 160: "Rigorous examination of the travaux fails to confirm a popular impression in the literature that the opposition to the inclusion of political genocide was some Soviet machination. The Soviet views were also shared by a number of other States for whom it is difficult to establish any geographic or social common denominator: Lebanon, Sweden, Brazil, Peru, Venezuela, the Philippines, the Dominican Republic, Iran, Egypt, Belgium, and Uruguay. The exclusion of political groups was originally promoted by a non-governmental organization, the World Jewish Congress, and it corresponded to Raphael Lemkin's vision of the nature of the crime of genocide."
  8. ^ Jones 2006, p. 3: "The difficulty, as Frank Chalk and Kurt Jonassohn pointed out in their early study, is that such historical records as exist are ambiguous and undependable. While history today is generally written with some fealty to 'objective' facts, most previous accounts aimed rather to praise the writer's patron (normally the leader) and to emphasize the superiority of one's own gods and religious beliefs."
  9. ^ Jones 2010, p. 139.
  10. ^ Moses 2004, p. 27.
  11. ^ Forge 2012, p. 77.
  12. ^ Maybury-Lewis 2002, p. 48.
  13. ^ Hitchcock & Koperski 2008, pp. 577–582.
  14. ^ Schabas 2000, pp. 16–17.
  15. ^ Jongman 1996.
  16. ^ a b Moses 2010, p. 21.
  17. ^ Stone 2010, pp. 206–207.
  18. ^ Rosenbaum 2001, "Foreword".
  19. ^ Bartrop & Jacobs 2014, p. 1106.
  20. ^ Akande et al. 2018, p. 64.
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  23. ^ Bellamy 2012, "The Cold War Struggle (1): Capitalist Atrocities".
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  32. ^ "World Court Rules Against Myanmar on Rohingya". Human Rights Watch. 23 January 2020. Retrieved 21 February 2023.
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  35. ^ Ryan Patrick Jones (22 February 2021). "MPs vote to label China's persecution of Uighurs a genocide". Canadian Broadcasting Corporation. A substantial majority of MPs — including most Liberals who participated — voted in favour of a Conservative motion that says China's actions in its western Xinjiang region meet the definition of genocide set out in the 1948 United Nations Genocide Convention. ... The final tally was 266 in favour and zero opposed. Two MPs formally abstained.
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  44. ^ "ICTY: The Conflicts". International Criminal Tribunal for the former Yugoslavia. Retrieved 5 August 2013.
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  55. ^ . University of California Riverside. 2007. Archived from the original on 29 October 2007.
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  57. ^ "Seven convicted over 1995 Srebrenica massacre". CNN. 10 June 2010.
  58. ^ "Life for Bosnian Serbs over genocide at Srebrenica". BBC News. 10 June 2010.
  59. ^ Charter, David (10 June 2010). "Hague court sentences Bosnian Serbs to life for Srebrenica genocide". Times Online. London.
  60. ^ Waterfield, Bruno (10 June 2010). "Bosnian Serbs convicted of genocide over Srebrenica massacre". The Telegraph. London. Archived from the original on 12 January 2022.
  61. ^ "Radovan Karadzic sentenced to 40-year imprisonment for Srebrenica genocide, war crimes". The Hindu. 24 March 2016.
  62. ^ "UN hails conviction of Mladic, the 'epitome of evil,' a momentous victory for justice". UN News Centre. 22 November 2017. Retrieved 23 November 2017.
  63. ^ . Trial Watch. 19 June 2013. Archived from the original on 14 February 2016. Retrieved 15 February 2016.
  64. ^ Prosecutor v. Radislav Krstic – Trial Chamber I – Judgment – IT-98-33 (2001) ICTY8 (2 August 2001), The International Criminal Tribunal for the Former Yugoslavia, paragraph 589. citing Bavarian Appeals Court, Novislav Djajic case, 23 May 1997, 3 St 20/96, section VI, p. 24 of the English translation.
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  70. ^ . ICTR. Archived from the original on 13 August 2011.
  71. ^ . ICRT. Archived from the original on 2 December 2012.
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Bibliography

Further reading

February 16, 2024
genocides, history, genocide, deliberate, systematic, destruction, whole, part, ethnic, racial, religious, national, group, term, coined, 1944, raphael, lemkin, defined, article, convention, prevention, punishment, crime, genocide, cppcg, 1948, following, acts. Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group The term was coined in 1944 by Raphael Lemkin It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide CPPCG of 1948 as any of the following acts committed with intent to destroy in whole or in part a national ethnical racial or religious group as such killing members of the group causing serious bodily or mental harm to members of the group deliberately inflicting on the group s conditions of life calculated to bring about its physical destruction in whole or in part imposing measures intended to prevent births within the group and forcibly transferring children of the group to another group 1 The preamble to the CPPCG states that genocide is a crime under international law contrary to the spirit and aims of the United Nations and condemned by the civilized world and it also states that at all periods of history genocide has inflicted great losses on humanity 1 Contents 1 Alternate definitions 2 Genocides before World War I 3 Genocides from World War I through World War II 4 Genocides from 1946 through 1999 5 Genocides after 2000 6 International prosecution 6 1 Ad hoc tribunals 6 1 1 Bosnia and Herzegovina 6 1 2 Rwanda 6 1 3 Cambodia 6 2 International Criminal Court 6 2 1 Darfur Sudan 6 3 International Court of Justice 6 3 1 Ukraine 6 3 2 Rohingya 6 3 3 Israel 7 See also 8 Notes 9 References 10 Bibliography 11 Further readingAlternate definitionsSee also Genocide definitions The debate continues over what legally constitutes genocide One definition is any conflict that the International Criminal Court has so designated Mohammed Hassan Kakar argues that the definition should include political groups or any group so defined by the perpetrator 2 He prefers the definition from Frank Chalk and Kurt Jonassohn which defines genocide as a form of one sided mass killing in which a state or other authority intends to destroy a group so defined by the perpetrator 3 In literature some scholars have popularly emphasized the role that the Soviet Union played in excluding political groups from the international definition of genocide which is contained in the Genocide Convention of 1948 4 and in particular they have written that Joseph Stalin may have feared greater international scrutiny of the political killings that occurred in the country such as the Great Purge 5 however this claim is not supported by evidence The Soviet view was shared and supported by many diverse countries and they were also in line with Raphael Lemkin s original conception a and it was originally promoted by the World Jewish Congress 7 Genocides before World War IMain article Genocides in history before World War I Analysis of genocides before World War I is the result of modern studies that apply objectivity and fact while previous accounts of genocides mostly aimed to emphasize one s own superiority According to Frank Chalk Helen Fein and Kurt Jonassohn if a dominant group of people had little in common with a marginalized group of people it was easy for the dominant group to define the marginalized group as a subhuman group the marginalized group might be labeled a threat that must be eliminated 8 While the concept of genocide was formulated by Lemkin in the mid 20th century the expansion of various European colonial powers such as the British and the Spanish Empires and the subsequent establishment of colonies on indigenous territory frequently involved acts of genocidal violence against indigenous groups in the Americas including Brazil Paraguay and the United States Australia Africa and Asia 9 According to Lemkin colonization was in itself intrinsically genocidal and he saw this genocide as a two stage process the first being the destruction of the indigenous population s way of life In the second stage the newcomers impose their way of life on the indigenous group 10 11 According to David Maybury Lewis imperial and colonial forms of genocide are enacted in two main ways either through the deliberate clearing of territories of their original inhabitants to make them exploitable for purposes of resource extraction or colonial settlements or through enlisting indigenous peoples as forced laborers in colonialist or imperialist projects of resource extraction 12 The designation of specific events as genocidal is often controversial 13 Genocides from World War I through World War IIMain article Genocides in history World War I through World War II In 1915 one year after the outbreak of World War I the concept of crimes against humanity was introduced into international relations for the first time when the Allies of World War I sent a letter to the government of the Ottoman Empire a member of the Central Powers to protest against the late Ottoman genocides that were taking place within the empire among them the Armenian genocide the Assyrian genocide the Greek genocide and the Great Famine of Mount Lebanon 14 The Holocaust the Nazi genocide of 6 million European Jews during World War II is the most studied genocide 15 and it is also a prototype of genocide 16 one of the most controversial questions among comparative scholars is the question of the Holocaust s uniqueness which led to the Historikerstreit in West Germany during the 1980s 17 and whether there exist historical parallels which critics believe trivializes it 18 Genocide studies started as a side academic field of Holocaust studies whose researchers associated genocide with the Holocaust and believed that Raphael Lemkin s definition of genocide was too broad 16 In 1985 the United Nations UN Whitaker Report cited the massacre of 100 000 to 250 000 Jews in more than 2 000 pogroms which occurred as part of the White Terror during the Russian Civil War as an act of genocide it also suggested that consideration should be given to ecocide ethnocide and cultural genocide 19 Genocides from 1946 through 1999Main article Genocides in history 1946 to 1999 The Genocide Convention was adopted by the UN General Assembly on 9 December 1948 and came into effect on 12 January 1951 After the necessary twenty countries became parties to the convention it came into force as international law on 12 January 1951 20 however only two of the five permanent members of the UN Security Council were parties to the treaty which caused the Convention to languish for over four decades 21 During the Cold War era mass atrocities were committed by anti communist capitalist regimes 22 23 as well as by communist regimes 24 among them the Indonesian mass killings of 1965 66 the 1971 Bangladesh genocide the Cambodian genocide the 1984 Sikh genocide the Guatemalan genocide and the East Timor genocide 25 The Rwandan genocide gave an extra impetus to genocide studies in the 1990s 26 Genocides after 2000Main article Genocides in history 21st century nbsp Skulls of victims of the Rwandan genocideIn The Guardian David Alton Helen Clark and Michael Lapsley wrote that the reasons for the Rwandan genocide and crimes such as the Bosnian genocide of the Yugoslav Wars had been analyzed in depth and they also stated that genocide prevention had been extensively discussed They described the analyses as producing reams of paper that were dedicated to analyzing the past and pledging to heed warning signs and prevent genocide 27 A group of 34 non governmental organizations and 31 individuals calling themselves African Citizens referred to the Rwanda The Preventable Genocide report prepared by a panel headed by former Botswana president Quett Masire for the Organisation of African Unity which later became the African Union 28 African Citizens highlighted the sentences commenting Indisputably the most important truth that emerges from our investigation is that the Rwandan genocide could have been prevented by those in the international community who had the position and means to do so The world failed Rwanda The United Nations simply did not care enough about Rwanda to intervene appropriately 29 Chidi Odinkalu former head of the National Human Rights Commission of Nigeria was among those involved with African Citizens 30 The ongoing Amhara genocide started in the early 1990s with the implementation of ethnic federalism under the TPLF led ruling and events of the Northern Ethiopia war Tigray conflict since 2020 that intensified the violence further with war crimes committed by the Tigray forces in both the Amhara amp Afar regions On 20 November 2021 Genocide Watch called for genocide in Ethiopia predicted in the context of the war in Tigray and also the violence across the Oromia and the Benishangul Gumuz Metekel regions that worsened since 2018 31 On 21 November Odinkalu called for genocide prevention stating We need to focus on an urgent programme of Genocide Prevention advocacy on Ethiopia NOW It may be too late in 2 weeks guys 30 On 26 November African Citizens and Alton Clark and Lapsley also called for the predicted genocide to be prevented 27 29 The Rohingya genocide is an ongoing genocide of the Muslim Rohingya people consisting of arson rape ethnic cleansing and infanticide by the Burmese military The genocide has so far consisted of two phases so the first was a military crackdown that occurred from October 2016 to January 2017 and the second has been occurring since August 2017 32 33 The Uyghur genocide is an ongoing series of human rights abuses committed by the Chinese government against Uyghurs and other ethnic and religious minorities in Xinjiang 34 Legislatures in several countries including Canada 35 the United Kingdom 36 and France 37 have passed non binding motions describing China s actions as genocide The United States officially denounced China s treatment of Uyghurs as a genocide 38 International prosecutionAd hoc tribunals In 1951 only two of the five permanent members of the UN Security Council UNSC were parties to the convention namely France and the Republic of China The treaty was ratified by the Soviet Union in 1954 the United Kingdom in 1970 the People s Republic of China in 1983 having replaced the Taiwan based Republic of China on the UNSC in 1971 and the United States in 1988 39 In the 1990s the international law on the crime of genocide began to be enforced 21 Bosnia and Herzegovina See also Bosnian genocide and Srebrenica massacre nbsp Exhumed mass grave of Srebrenica massacre victims in 2007In July 1995 Serbian forces killed more than 8 000 40 41 42 Bosniaks Bosnian Muslims mainly men and boys both in and around the town of Srebrenica during the Bosnian War 43 44 The killing was perpetrated by units of the Army of Republika Srpska VRS which were under the command of General Ratko Mladic The Secretary General of the United Nations described the mass murder as the worst crime on European soil since the Second World War 45 46 A paramilitary unit from Serbia known as the Scorpions officially a part of the Serbian Interior Ministry until 1991 participated in the massacre 47 48 along with several hundred Russian and Greek volunteers 49 50 In 2001 the International Criminal Tribunal for the Former Yugoslavia ICTY delivered its first conviction for the crime of genocide against General Krstic for his role in the 1995 Srebrenica massacre on appeal he was found not guilty of genocide but was instead found guilty of aiding and abetting genocide 51 In February 2007 the International Court of Justice ICJ returned a judgment in the Bosnian Genocide Case It upheld the ICTY s findings that genocide had been committed in and around Srebrenica but did not find that genocide had been committed on the wider territory of Bosnia and Herzegovina during the war The ICJ also ruled that Serbia was not responsible for the genocide nor was it responsible for aiding and abetting it although it ruled that Serbia could have done more to prevent the genocide and that Serbia failed to punish the perpetrators 52 Before this ruling the term Bosnian Genocide had been used by some academics 53 54 55 and human rights officials 56 In 2010 Vujadin Popovic Lieutenant Colonel and the Chief of Security of the Drina Corps of the Bosnian Serb Army and Ljubisa Beara Colonel and Chief of Security of the same army were convicted of genocide extermination murder and persecution by the ICTY for their role in the Srebrenica massacre and were each sentenced to life in prison 57 58 59 60 In 2016 and 2017 Radovan Karadzic 61 and Ratko Mladic were sentenced for genocide 62 German courts handed down convictions for genocide during the Bosnian War Novislav Djajic was indicted for his participation in the genocide but the Higher Regional Court failed to find that there was sufficient certainty for a criminal conviction for genocide Nevertheless Djajic was found guilty of 14 counts of murder and one count of attempted murder 63 At Djajic s appeal on 23 May 1997 the Bavarian Appeals Chamber found that acts of genocide were committed in June 1992 confined within the administrative district of Foca 64 The Higher Regional Court Oberlandesgericht of Dusseldorf in September 1997 handed down a genocide conviction against Nikola Jorgic a Bosnian Serb from the Doboj region who was the leader of a paramilitary group located in the Doboj region He was sentenced to four terms of life imprisonment for his involvement in genocidal actions that took place in regions of Bosnia and Herzegovina other than Srebrenica 65 On 29 November 1999 the Higher Regional Court Oberlandesgericht of Dusseldorf condemned Maksim Sokolovic to 9 years in prison for aiding and abetting the crime of genocide and for grave breaches of the Geneva Conventions 66 Rwanda The International Criminal Tribunal for Rwanda ICTR is a court under the auspices of the United Nations for the prosecution of offences committed during the Rwandan genocide during April and May 1994 commencing on 6 April The ICTR was created on 8 November 1994 by the UN Security Council to resolve claims in Rwanda or by Rwandan citizens in nearby states between 1 January and 31 December 1994 For approximately 100 days from the assassination of President Juvenal Habyarimana on 6 April through mid July at least 800 000 people were killed according to a Human Rights Watch estimate 67 68 69 As of mid 2011 the ICTR had convicted 57 people and acquitted 8 Another ten persons were still on trial while one Bernard Munyagishari is awaiting trial nine remain at large 70 The first trial of Jean Paul Akayesu ended in 1998 with his conviction for genocide and crimes against humanity 71 Jean Kambanda the interim prime minister during the genocide pleaded guilty This was the world s first conviction for genocide as defined by the 1948 Convention 72 Cambodia See also Autogenocide Cambodian genocide Cambodian genocide denial Killing Fields and Tuol Sleng Genocide Museum nbsp Skulls at the Choeung Ek memorial in CambodiaThe Khmer Rouge led by Pol Pot Ta Mok and others perpetrated the mass killing of ideologically suspect groups ethnic minorities such as ethnic Vietnamese Chinese or Sino Khmers Chams and Thais former civil servants former government soldiers Buddhist monks secular intellectuals and professionals and former city dwellers Khmer Rouge cadres who were defeated in factional struggles were also liquidated in purges Man made famine and slave labor resulted in many hundreds of thousands of deaths 73 Craig Etcheson suggested that the death toll was between 2 and 2 5 million with a most likely figure of 2 2 million After spending five years excavating 20 000 grave sites he concluded that these mass graves contain the remains of 1 386 734 victims of execution 74 Steven Rosefielde argued that the Khmer Rouge were not racist by claiming that they did not intend to exterminate ethnic minorities and he also stated that the Khmer Rouge did not intend to exterminate the Cambodian people as a whole in his view the Khmer Rouge s brutality was the product of an extreme version of communist ideology 75 On 6 June 2003 the Cambodian government and the United Nations reached an agreement to set up the Extraordinary Chambers in the Courts of Cambodia ECCC which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of Cambodia from 1975 to 1979 76 The judges were sworn in during early July 2006 77 78 79 The investigating judges were presented with the names of five possible suspects by the prosecution on 18 July 2007 80 nbsp Khieu Samphan at a public hearing before the pre trial Cambodia Tribunal on 3 July 2009Kang Kek Iew was formally charged with war crimes and crimes against humanity and detained by the Tribunal on 31 July 2007 He was indicted on charges of war crimes and crimes against humanity on 12 August 2008 81 His appeal was rejected on 3 February 2012 and he continued serving a sentence of life imprisonment 82 Nuon Chea a former prime minister was indicted on charges of genocide war crimes crimes against humanity and several other crimes under Cambodian law on 15 September 2010 He was transferred into the custody of the ECCC on 19 September 2007 His trial began on 27 June 2011 83 84 On 16 November 2018 he was sentenced to life in prison for genocide 85 Khieu Samphan a former head of state was indicted on charges of genocide war crimes crimes against humanity and several other crimes under Cambodian law on 15 September 2010 He was transferred into the custody of the ECCC on 19 September 2007 His trial also began on 27 June 2011 83 84 On 16 November 2018 he was sentenced to life in prison for genocide 85 Ieng Sary a former foreign minister was indicted on charges of genocide war crimes crimes against humanity and several other crimes under Cambodian law on 15 September 2010 He was transferred into the custody of the ECCC on 12 November 2007 His trial began on 27 June 2011 83 84 He died in March 2013 Ieng Thirith wife of Ieng Sary and a former minister for social affairs was indicted on charges of genocide war crimes crimes against humanity and several other crimes under Cambodian law on 15 September 2010 She was transferred into the custody of the ECCC on 12 November 2007 Proceedings against her have been suspended pending a health evaluation 84 86 Some of the international jurists and the Cambodian government disagreed over whether any other people should be tried by the Tribunal 80 International Criminal Court See also International Criminal Court The ICC can only prosecute crimes that were committed on or after 1 July 2002 87 88 Darfur Sudan See also Darfur genocide Second Sudanese Civil War and War in Darfur nbsp Sudanese President Omar al Bashir wanted by the ICCThe ongoing racial 89 90 91 conflict in Darfur Sudan 92 which started in 2003 93 94 was declared a genocide by United States Secretary of State Colin Powell on 9 September 2004 in testimony before the Senate Foreign Relations Committee 95 96 Since that time however no other permanent member of the UN Security Council has followed suit In January 2005 an International Commission of Inquiry on Darfur authorized by UN Security Council Resolution 1564 of 2004 issued a report stating that the Government of the Sudan has not pursued a policy of genocide 97 Nevertheless the Commission cautioned that The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities directly or through the militias under their control should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide 97 In March 2005 the Security Council formally referred the situation in Darfur to the ICC taking into account the Commission report but without mentioning any specific crimes 98 Two permanent members of the Security Council the United States and China abstained from the vote on the referral resolution 99 As of his fourth report to the Security Council the Prosecutor found reasonable grounds to believe that the individuals identified in the UN Security Council Resolution 1593 have committed crimes against humanity and war crimes but did not find sufficient evidence to prosecute for genocide 100 In April 2007 the ICC issued arrest warrants against the former Minister of State for the Interior Ahmad Harun and a Janjaweed militia leader Ali Kushayb for crimes against humanity and war crimes 101 On 14 July 2008 the ICC filed ten charges of war crimes against Sudan s president Omar al Bashir three counts of genocide five of crimes against humanity and two of murder Prosecutors claimed that al Bashir masterminded and implemented a plan to destroy in substantial part three tribal groups in Darfur because of their ethnicity 102 On 4 March 2009 the ICC issued a warrant for al Bashir s arrest for crimes against humanity and war crimes but not for genocide This is the first warrant issued by the ICC against a sitting head of state 103 International Court of Justice Ukraine Two days after the start of the Russian invasion of Ukraine in 2022 on 26 February Ukraine brought the case of Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide before the ICJ The case followed false Russian accusations of genocide in Donbas which genocide scholars have described as accusation in a mirror as part of a campaign of genocide incitement 104 The court is conducting an investigation of all allegations of genocide in Ukraine In November 2022 Ukraine s Prosecutor General Andriy Kostin said that during the course of five proceedings on genocide by law enforcement investigators had recorded more than 300 facts that belong precisely to the definition of genocide 105 Rohingya On 11 November 2019 The Gambia lodged an application to the ICJ against Myanmar It alleged that Myanmar has committed mass murder rape and destruction of communities against the Rohingya group in Rakhine state since about October 2016 and that those actions violated the Genocide Convention 106 Israel On December 29 2023 South Africa filed an Application instituting proceedings against Israel with the ICJ alleging that Israel had violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide the Genocide Convention during its 2023 offensive in the Gaza Strip 107 South Africa s standing is based on the erga omnes partes nature of the Genocide Convention which allows and obligates States Parties to the convention to take measures to prevent and punish the crime of genocide South Africa requested indication of provisional measures by the ICJ including that Israel end its military operations to protect against further severe and irreperable harm to the rights of the Palestinian people under the Genocide Convention triggering an urgent preliminary hearing Public hearings on the provisional measures question were held on January 11 oral arguments by South Africa and January 12 oral arguments by Israel respectively 108 See alsoMain article Outline of Genocide studies nbsp Genocide portalAnti communist mass killings Anti Mongolianism State sponsored genocides by the Russian Empire Soviet Russia Imperial China Communist China Black genocide the notion that African Americans have been subjected to genocide because of racism against African Americans an aspect of racism in the United States Ethnic cleansing Ethnocide Genocide denial Genocide recognition politics Genocide of Christians by the Islamic State Genocide of Yazidis by the Islamic State List of ethnic cleansing campaigns List of genocides Mass killings under communist regimes Persecution of Shias by the Islamic State Political cleansing of populationNotes By 1951 Lemkin was saying that the Soviet Union was the only state that could be indicted for genocide his concept of genocide as it was outlined in Axis Rule in Occupied Europe covered Stalinist deportations as genocide by default and differed from the adopted Genocide Convention in many ways From a 21st century perspective its coverage was very broad and as a result it would classify any gross human rights violation as a genocide and many events that were deemed genocidal by Lemkin did not amount to genocide As the Cold War began this change was the result of Lemkin s turn to anti communism in an attempt to convince the United States to ratify the Genocide Convention 6 References a b Convention on the Prevention and Punishment of the Crime of Genocide Office of the United Nations High Commissioner for Human Rights 12 January 1951 Archived from the original on 11 December 2005 Note ethnical although unusual is found in several dictionaries Kakar Mohammed Hassan 1995 Afghanistan The Soviet Invasion and the Afghan Response 1979 1982 University of California Press pp 213 214 ISBN 978 0 5209 1914 3 via Google Books Chalk amp Jonassohn 1990 Staub 1989 p 8 Gellately amp Kiernan 2003 p 267 Weiss Wendt 2005 Schabas 2009 p 160 Rigorous examination of the travaux fails to confirm a popular impression in the literature that the opposition to the inclusion of political genocide was some Soviet machination The Soviet views were also shared by a number of other States for whom it is difficult to establish any geographic or social common denominator Lebanon Sweden Brazil Peru Venezuela the Philippines the Dominican Republic Iran Egypt Belgium and Uruguay The exclusion of political groups was originally promoted by a non governmental organization the World Jewish Congress and it corresponded to Raphael Lemkin s vision of the nature of the crime of genocide Jones 2006 p 3 The difficulty as Frank Chalk and Kurt Jonassohn pointed out in their early study is that such historical records as exist are ambiguous and undependable While history today is generally written with some fealty to objective facts most previous accounts aimed rather to praise the writer s patron normally the leader and to emphasize the superiority of one s own gods and religious beliefs Jones 2010 p 139 Moses 2004 p 27 Forge 2012 p 77 Maybury Lewis 2002 p 48 Hitchcock amp Koperski 2008 pp 577 582 Schabas 2000 pp 16 17 Jongman 1996 a b Moses 2010 p 21 Stone 2010 pp 206 207 Rosenbaum 2001 Foreword Bartrop amp Jacobs 2014 p 1106 Akande et al 2018 p 64 a b Hoffman 2010 p 260 Farid 2005 Bellamy 2012 The Cold War Struggle 1 Capitalist Atrocities Bellamy 2012 The Cold War Struggle 2 Communist Atrocities Fein 1993 Bloxham amp Moses 2010 p 2 a b Clark Helen Lapsley Michael Alton David 26 November 2021 The warning signs are there for genocide in Ethiopia the world must act to prevent it The Guardian Archived from the original on 27 November 2021 Retrieved 27 November 2021 International panel of eminent personalities 21 January 2004 Rwanda The Preventable Genocide PDF African Union Archived 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archived from the original PDF on 21 May 2013 retrieved 24 December 2013 Vanthemsche Guy 2012 Belgium and the Congo 1885 1980 Cambridge New York Cambridge University Press ISBN 978 0521194211 via Google Books Weisbord Robert G 2003 The King the Cardinal and the Pope Leopold II s genocide in the Congo and the Vatican Journal of Genocide Research 5 35 45 doi 10 1080 14623520305651 S2CID 73371517 Woodham Smith Cecil 1964 The Great Hunger Ireland 1845 1849 Signet New York 19 Wright Ronald 2004 A Short History of Progress Toronto House of Anansi Press ISBN 978 0 88784 706 6 Further readingBachman Jeffrey S 2017 The United States and Genocide Re Defining the Relationship with Genocide E book ed London Routledge ISBN 978 1 351 69216 8 via Google Books Braudel Fernand The Perspective of the World vol III of Civilization and Capitalism 1984 in French 1979 Schabas William A 2009 Genocide in International Law The Crime of Crimes 2nd ed Cambridge Cambridge University Press ISBN 978 0 521 71900 1 Weiss Wendt Anton December 2005 Hostage of Politics Raphael Lemkin on Soviet Genocide Journal of Genocide Research Routledge 7 4 551 559 doi 10 1080 14623520500350017 ISSN 1462 3528 S2CID 144612446 Retrieved from https en wikipedia org w index php title Genocides in history amp oldid 1207844459, wikipedia, wiki, book, books, library,

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