Genocide is committed with intent to destroy, in whole or in part or national, ethnical,
racial, or religious group.
The convention on the prevention and punishment of the crime of genocide
Genocide occurs by:
o Killing members of the group
o Causing serious bodily or mental harm to member of the group
o Deliberately inflicting on the group condition of life calculated to bring about its
physical destruction, in whole or in part;
o Imposing measures intended to prevent births within the group
o Forcibly transferring children of one group to another group.
o 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
1.Crimes against humanity, Namely
Other inhuman acts
Committed against civilian population, before or during the war Slide Three:
2. War crimes:
Or violation of the laws and customs of war namely:
Deportation for slave labour or for any other purpose of the civilian population of or in
The trial of Nazi war criminals at Nuremberg for genocide and crimes against humanity
after their Defeat in World War II.
A truth Commission is
o A temporary body
They are created by successor government , government that comes after
government, that are allegedly created to commit crimes.
o Set up by an official authority ( president, parliament) to
o The mandate is ( to investigate a pattern of gross human rights violation
committed over a period of time in the past, with a view to
o Issuing a public report , which includes
o Victims' data and recommendations for justice and reconciliation.
Test Case: Argentina
o Under a military government in the 1970,s from 9000- 30000 persons are
estimated to have disappeared in the war against subversion.
o Referred to as " EI Proceso", or the dirty war. o The loss to the UK in the Falklands War of 1982 discredited the military and led
The new civilian government
o Brought some military leaders to trial for crimes against the Argentinean
o Appointed a presidential panel to investigate the political disappearances of
thousands of Argentineans, who were arrested, tortured, and killed by the military
o The panel published a report called Nunca Mas or Never again.
But: unrest among the military led to:
To retreat from further prosecutions and
Amnesty most violations by junior and mid-level officers.
Argentina: What went wrong?
o The lengthy time of prosecution gave the military the time to regroup and
o Prosecution of mid - level officers, rather than only the senior commanders,
galvanized military opposition. o The lesson of Argentina: Justice and political stability are best reconciled through
a program of prosecutions that has defined limits.
The Chilean and South African Alternatives:
President Aylwin was inaugurated in March, 1990, after negotiating transitional arrangements
with a united , undefeated military that still enjoyed considerable support.
The new government:
o Established two goals: reparation and prevention. It explicitly did not emphasize
punishment as one of the principal objectives.
o Gave priority to disclosure of the truth. The emphasis was on memorialisation and
creation of a new shared identity
o Truth was given higher priority than justice
The mandate of the National Commission for Truth and reconcili