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12 Genocide and Other International Crimes

From: International Crimes: Law and Practice: Volume I: Genocide

Guénaël Mettraux

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Crimes against humanity — Genocide — War crimes

This chapter looks at how genocide overlaps with other international crimes. It argues that genocide is characterized by a number of important definitional features, which set it apart from other international core crimes. Unlike war crimes and crimes against humanity, the primary focus of its protection are groups, rather than individuals. Unlike genocide, war crimes and crimes against humanity are not as restricted and are generally broader in scope because their protected interests are significantly more diverse. And unlike war crimes and crimes against humanity, genocide does not require proof of a particular contextual or chapeau element. But despite their different origins and reach, the international core crimes significantly overlap. What constitutes genocide also often satisfies the requirements of other international crimes and evidence relevant to establishing genocide may also be relevant to establishing other core crimes. As a group, these crimes offer an impressive tool box of penal prohibitions that cover a wide range of criminality.

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