POL101Y1 Lecture Notes - Falklands War, Nuremberg Laws, Wield

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Published on 31 Jul 2011
School
UTSG
Department
Political Science
Course
POL101Y1
Professor
Jan. 10th, 2011
Genocide and Justice
Genocide: committed with intent to destroy, in whole or in part, a national, ethnic,
racial, or religious group.
Occurs by:
Killing members of a particular 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
Forcibly transferring children of one group to another group
*Acts directed against political groups are excluded from the definition of genocide
1) Crimes Against Humanity
The Charter of the International Military Tribunal, passed in 1945, described these
atrocities as customary international crimes that justify international criminal
sanctions:
Murder
Enslavement
Deportation
Imprisonment
Torture
Rape, or other inhumane acts
Committed
2) War crimes or violations of the laws and customs of war, namely:
Murder
Ill-treatment
Deportation for slave labor or for any other purposes of the civilian population of
or in occupied territory
Nuremberg Trials
Deliberate, unintentional, mass killings of a group of people during the Holocaust
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Created in an ad-hoc way, there was no internal institution
Fundamental body of basic law that governs discussions of genocide and crimes
against humanity
Difference between War Crimes and Crimes Against Humanity
One instance of a reprehensible act could be a war crime, but not a crime against
humanity. The latter must be shown to have resulted from widespread and systematic
policy.
Also crimes against humanity (e.g. destruction of property and systematic persecution)..
The objections most frequently raised against the convention on genocide include:
The convention excludes targeted political and social groups
Proving intention beyond a reasonable doubt is extremely difficult
The difficulty of defining or measuring in part, and establishing how many
deaths equal genocide
Precedents
1) The trial of Nazi war criminals at Nuremberg..
The Nuremberg laws marked a fundamental change in international law: governments
could be held accountable for actions against their own citizenry of those under control
2) The trials emphasized the duty to prosecute and punish, so as:
I. To preserve the collective memory of those who were killed; to MEMORIALIZE
II. To create a collective and objective HISTORY of what had happened; and
III. To create as effective DETTERENT
State sovereignty does not trump everything (States have a responsibility to their
own state, as well as others)
No longer an adequate principal when other states must intervene
Responsibilities of Individual States
1) Even after they have been defeated and replaced, the perpetrators of past crimes may
still wield considerable political power
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Document Summary

Genocide: committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious 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. Occurs by: physical destruction, in whole or in part. Imposing measures intended to prevent births within the group. Forcibly transferring children of one group to another group. *acts directed against political groups are excluded from the definition of genocide: crimes against humanity. The charter of the international military tribunal, passed in 1945, described these atrocities as customary international crimes that justify international criminal sanctions: Committed: war crimes or violations of the laws and customs of war, namely: or in occupied territory. Deportation for slave labor or for any other purposes of the civilian population of. Deliberate, unintentional, mass killings of a group of people during the holocaust. Created in an ad-hoc way, there was no internal institution.