2020
DOI: 10.1163/18754112-0220104010
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Defining Genocide

Abstract: This article traces the historical development of the term “genocide” and discusses how it evolved from a post-World War II concept into a key component of international criminal law. Dr. O’Brien outlines some of the legal challenges that attend several of the key terms in the generally accepted definition of genocide: ‘destroy’, ‘in part’, ‘groups’, ‘intent’, and so on. She then concludes with an important and politically nuanced point essential to understanding the politics and afterlife of the Rwanda genoci… Show more

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Cited by 2 publications
(3 citation statements)
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“…Although Anderson (2015, p. 9) avers “the boundaries of genocide are persistently contested,” the internationally accepted definition of genocide was adopted in 1948 in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide (GC) (1948). Despite the conceptual consistency of genocide, some scholars argue that the definition in the GC lacks details about the appropriate interpretation of each element of the crime of genocide, including a significant absence of how to interpret or understand the notions of “intent” or “destruction” (O’Brien, 2020; Özsu, 2020). Additionally, scholars have denounced how the legal definition diminished Raphael Lemkin’s initial concept (Özsu, 2020; Jacobs, 2018; Jones, 2006); the legal definition does not refer to intentional actions to destroy people’s cultures despite Lemkin’s position that genocide includes the dissolution of political, social, cultural, economic, biological, physical, religious and moral dimensions of communities (Lemkin, 1944).…”
Section: Genocide: Considerations and Criticismmentioning
confidence: 99%
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“…Although Anderson (2015, p. 9) avers “the boundaries of genocide are persistently contested,” the internationally accepted definition of genocide was adopted in 1948 in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide (GC) (1948). Despite the conceptual consistency of genocide, some scholars argue that the definition in the GC lacks details about the appropriate interpretation of each element of the crime of genocide, including a significant absence of how to interpret or understand the notions of “intent” or “destruction” (O’Brien, 2020; Özsu, 2020). Additionally, scholars have denounced how the legal definition diminished Raphael Lemkin’s initial concept (Özsu, 2020; Jacobs, 2018; Jones, 2006); the legal definition does not refer to intentional actions to destroy people’s cultures despite Lemkin’s position that genocide includes the dissolution of political, social, cultural, economic, biological, physical, religious and moral dimensions of communities (Lemkin, 1944).…”
Section: Genocide: Considerations and Criticismmentioning
confidence: 99%
“…Lemkin’s original conceptualization far surpassed the notion of physical annihilation to include the targeting and destruction of “social” groups. Lemkin’s holism locates the loss of life as part of the genocide, “around which the other crimes pivot,” permitting a range of impact – from social to physical (O’Brien, 2020, p. 154).…”
Section: Genocide: Considerations and Criticismmentioning
confidence: 99%
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