TY - JOUR

T1 - The alleged non-existence of cultural genocide

T2 - a response to the Croatia v. Serbia judgement

AU - Berster, Lars

N1 - Publisher Copyright: © The Author 2015.

PY - 2015/9/1

Y1 - 2015/9/1

N2 - The present contribution deals with the disputed meaning of the word ‘destroy’ in the chapeau to the definition of genocide pursuant to Article II of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). At the outset, this article challenges the prevailing restrictive understanding, according to which the genocidal plot needs to be directed at the physical or biological destruction of a protected group, in whole or in part. Secondly, the case is made for moderately extending the scope of ‘destruction’ to certain forms of social or cultural destruction, respectively. Fears that this approach would dilute the so-called ‘crime of crimes’ and indiscriminately widen its applicability are countered by strictly tying the scope of ‘social destruction’ to the wording of Article II of the Genocide Convention, which provides sufficient guidance to hold the term within reasonable limits.

AB - The present contribution deals with the disputed meaning of the word ‘destroy’ in the chapeau to the definition of genocide pursuant to Article II of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). At the outset, this article challenges the prevailing restrictive understanding, according to which the genocidal plot needs to be directed at the physical or biological destruction of a protected group, in whole or in part. Secondly, the case is made for moderately extending the scope of ‘destruction’ to certain forms of social or cultural destruction, respectively. Fears that this approach would dilute the so-called ‘crime of crimes’ and indiscriminately widen its applicability are countered by strictly tying the scope of ‘social destruction’ to the wording of Article II of the Genocide Convention, which provides sufficient guidance to hold the term within reasonable limits.

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=84944043284&partnerID=8YFLogxK

U2 - 10.1093/jicj/mqv049

DO - 10.1093/jicj/mqv049

M3 - Journal articles

AN - SCOPUS:84944043284

VL - 13

SP - 677

EP - 692

JO - Journal of International Criminal Justice

JF - Journal of International Criminal Justice

SN - 1478-1387

IS - 4

ER -