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Part II The Definition of Genocide, 5 The Notion of ‘Protected Group’ in the Genocide Convention and Its Application

Fanny Martin

From: The UN Genocide Convention: A Commentary

Edited By: Paola Gaeta

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 February 2024

Genocide — Crimes against humanity — War crimes
Article II of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 (hereinafter the ‘Genocide Convention’) lists a series of acts which, if committed ‘with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such’, constitute genocide.1 Clearly, the existence of the ‘group’ is the protected value that justifies criminalization and makes genocide a crime of special intent.2 Thus, establishing the dolus specialis of an alleged perpetrator can only take place in conjunction with or subsequent to...
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