This document discusses genocide and crimes against humanity. It defines genocide as mass killing intended to destroy a group as defined by the perpetrator. The UN defines genocide as killing, harming, inflicting conditions to destroy a group, preventing births, or forcibly transferring children. Genocide requires intent to destroy a group in whole or part. Examples discussed include the Armenian genocide and decisions from international criminal tribunals related to Rwanda and the former Yugoslavia. Crimes against humanity include murder, genocide, slavery, torture, rape and apartheid.

1. Genocide and Crime
against Humanity
“Those who cannot remember the past are
condemned to repeat it.”
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By P a l a k A g r awa l

2. What is Genocide?
“Genocide is a form of one
sided mass killing in which a
state or other authority intends
to destroy a group, as that
group and membership in it are
defined by the perpetrator”
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3. Genocide.
Geno – from the
Greek word
genos , meaning
birth, race of a
similar kind.
-cide - from
Latin cida ,
meaning to
cut, kill.
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4. The Armenian
Genocide
• 1915-23
• Death toll up to 1.5
Million.
• Perpetrators: Ottoman
Turkish.
• During and after World
War 1.
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5. History of Genocide
• The term Genocide was coined by Raphael Lemkin, during
World War II to describe the crimes committed against the Jews
by the Nazis.
• In reaction to the Genocide carried out by the Nazis, the UN
general assembly adopted the convention on the prevention and
punishment of the crime of Genocide (Genocide Convention ) in
1948.
• Article II of the convention marked the first time that the crime
was formulated in an international legal instrument.
• The working of the crime was adopted verbatim into article 4 (
2 ) of the ICTY ( International Criminal Tribunal for the former
Yugoslavia ) and Article 2 ( 2 ) of ICTR ( International Criminal
Tribunal for Ravanda ) Statute. The same applies to Article 6 of
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6. The United Nation’s Definition
“ Genocide means any of the following acts committed
with an intent to destroy, in whole or in part, a
national, ethical, racial or religious group, as such:
a) Killing members of the group;
b) Causing serious bodily or mental harm to members
of the crew;
c) Deliberately inflicting on the group such conditions of
life calculated to bring about its physical destruction
in whole or in part;
d) Imposing measure intended to prevent births within
the group;
e) Forcibly transferring children of the group to another
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7. Genocide in Pictures.
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8. Essential Requirements to
Constitute Genocide
• Killing [Art. 6 ( a ) of the ICC Statute.]
The perpetrator must have caused the death of at least
one member of the group.
• Causing serious bodily or mental harm [ Art. 6 ( b ) of
the ICC Statute ]
The perpetrator must have caused serious bodily or
mental harm to at least one member of the group. This
can encompass ( Psychological ) Torture, Mutilation or
other serious damage. It is not required that the harm
is permanent or irreversible; a mere temporary physical
or mental impairment, however, is sufficient. 8
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9. Essential Requirements to
Constitute Genocide
• Inflicting destructive conditions of life [ Art. 6 ( c ) of
ICC Statute ].
The perpetrator must have inflicted condition of life on
a group that are calculated to bring about its physical
destruction in whole or in part. The provision prohibits
so called slow death measures, i.e., conduct that does
not kill immediately Forced but Labour
that can ( and is intended to )
bring about the death Deportation
of a group of members over the
long term.
Imprisonment in concentration camps
Possible conduct includes :
Withholding necessities such as food,
clothing, shelter or medical care.
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10. Essential Requirements to
Constitute Genocide
• Imposing measures to prevent births [ Art. 6 ( d ) of
the ICC Statute ]
This prohibition encompasses the imposition of
measures aimed at preventing births within the groups
and thereby targeting its continued biological existence,
such as sterilization, forced birth control, prohibition on
marriage, segregation of sexes and rape if it causes
the victim to decide not to reproduce because of the
trauma suffered.
• Forcibly transferring children of the group to another
group [ Art. 6 ( e ) of the ICC statute ]
This provision seeks to prevent children from being torn
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11. Stages of Genocide
1. Classification
2. Symbolization
3. Dehumanization
4. Organization
5. Polarization
6. Preparation
7. Genocide
8. Denial
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12. Genocides in 20th Century
Decisions given by ICTR ( International Criminal Tribunal for Rawanda)
 Prosecutor Vs. Akayesu [ICTR-96-4-T]
Akayesu not only refrained from stopping the killings,
but also personally supervised the murder of various
Tutsis. Akayesu was sentenced to life imprisonment by
ICTR.
 Prosecutor Vs. Kayishema [ICTR-95-1-T]
Fulgence Kayishema ordered the killing of Tutsis inside
Nyange church, and brought fuel for use by the
Interahamwe militia to attempt to burn down the church.
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Continued…

13. Decisions given by ICTY ( International Criminal Tribunal for the former Yugoslavia)
 Prosecutor Vs. Jelisic [IT-98-33-ICTY]
He was alleged to have, every day, "entered Luka’s main
hangar, where most detainees were kept, selected
detainees for interrogation, beat them and then often shot
and killed them. He was sentenced to 40 years
imprisonment.
 Prosecutor Vs. Krstic[IT-95-10-T-ICTY]
He was the major general at Bosnian Serb Army. Krstic
became the first man convicted of genocide by the
Tribunal.
He was sentenced to 45 years of imprisonment.
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14. Present Scenario in ICC
(21 cases in 9 situations have been brought before the ICC)
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15. Genocide scene.
From the movie Schindler’s List.
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16. Crime against Humanity
“ All humanity is one undivided and
indivisible family, and each one of us
is responsible for the misdeeds of all
the others. I cannot detach myself from
the wickedest soul. “
- Mahatma Gandhi
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17. What is Crime against Humanity?
According to the international criminal code
• Murder
• Genocide
• Slavery
• Indefinite imprisonment without a trial
• Torture
• Forced pregnancy
• Rape
• Apartheid
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• Disappearance and others. 17

18. Thank You.
“ I b e l i e v e i f t h e p e o p l e k n ow wh a t i s h a p p e n i n g , t h e y
wi l l h e l p t o s t o p i t ” .
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Spec ial Thanks to
Prof . Vi vek Nemane.