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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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Underlying Offences

Underlying Offences

(p.235) 15 Underlying Offences
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

Articles 4(2)/2(2) of the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia say that 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, and then go on to list the following acts: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group (sexual mutilations, sterilisation, forced birth control, separation of the sexes, and prohibition of marriages); forcible transfer of children of the group to another group. This chapter also examines whether the list of crimes provided for in Articles 4(2)/2(2) of the statutes is exhaustive, or whether other underlying offence may qualify as genocide if the perpetrator bears the required mens rea.

Keywords:   statutes, genocide, killing, mental harm, physical destruction, birth control, transfer of children

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