The Convention on the Prevention and Punishment of the Crime of GENOCIDE 1948 defines 'genocide' (Article II) as acts committed with intent to destroy, in whole or in part:
Aany social group based on economic status alone (cf. Convention on the Prevention and Punishment of the Crime of Genocide 1948, Article II) (cf. Convention on the Prevention and Punishment of the Crime of Genocide 1948, Article II)
Bany political group only, regardless of other categories (cf. Convention on the Prevention and Punishment of the Crime of Genocide 1948, Article II) (cf. Convention on the Prevention and Punishment of the Crime of Genocide 1948, Article II)
Ca national, ethnical, racial or religious group, as such, by (a) killing members; (b) causing serious bodily/mental harm; (c) deliberately inflicting conditions of life calculated to bring about physical destruction; (d) imposing measures to prevent births; (e) forcibly transferring children
Dany group of nationals seeking independence from a state (cf. Convention on the Prevention and Punishment of the Crime of Genocide 1948, Article II) (cf. Convention on the Prevention and Punishment of the Crime of Genocide 1948, Article II)
Answer & Solution
Correct answer: C. a national, ethnical, racial or religious group, as such, by (a) killing members; (b) causing serious bodily/mental harm; (c) deliberately inflicting conditions of life calculated to bring about physical destruction; (d) imposing measures to prevent births; (e) forcibly transferring children
1. Article II Genocide Convention 1948: 'In the present Convention, genocide means any of the following acts committed with INTENT TO DESTROY, in whole or in part, a NATIONAL, ETHNICAL, RACIAL OR RELIGIOUS GROUP, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.'
2. Article III lists punishable acts: genocide, conspiracy, direct and public incitement, attempt, complicity.
3. The specific intent ('dolus specialis') is the distinguishing element.
4. Article IX gives the ICJ jurisdiction over disputes (used in Bosnia v Serbia, 2007; Gambia v Myanmar, 2020).
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — Convention on the Prevention and Punishment of the Crime of Genocide 1948, Article II_
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