The Crime Of Genocide Classified By The Al-Bashir Case
The crime of Genocide classified by the ICC Pre-Trial Chamber’s decision in the Al-Bashir case
In this essay, I will be discussing the Pre-Trial Chamber’s decision on the elements of the crime of genocide. In order to do this, first I will be explaining what are the contextual elements, required for a crime to be classified as a crime of genocide. Further, I will point out the criteria for the targeted group, developed by the Pre-Trial Chamber, in their process of identification of the group targeted by Al – Bashir. Moreover, I will be explaining the subjective elements of the crime of genocide. In order to do this, I will outline the type of evidence, submitted by the Prosecution, in order to infer the existence of a genocidal intent. …show more content…
According to paragraph 123, the contextual elements outlined in the Elements of Crimes, in order for a person to be charged with a crime of genocide, the conduct must have taken place in the context of a manifest pattern of similar conduct, directed against the targeted group, or the nature must be such as in itself to have the effect of a total or partial destruction of the targeted group. In addition to this, according to paragraph 124, the Pre-Trial Chamber outlined that in order for a crime of genocide to be complete, the conduct in question must present a real and concrete threat to the existence of a part of or the entire targeted …show more content…
According to the 1948 Genocide Convention and the Pre-Trial Chamber, the targeted group shall be defined with positive characteristic, not with the lack of such. This represents a criterion on whether the people belong to the certain group not whether they do not.
The targeted groups pointed out by the Prosecution, are the Fur, the Masalit, and the Zaghawa. According to the Pre-Trial Chamber, those groups are Sudanese nationality, with similarity in the racial features, sharing the same Muslim religion. Taking this into account, the Pre-Trial Chamber believes that there are grounds to believe that the Fur, the Masalit, and the Zaghawa groups are targeted on the basis of ethnicity. The reason for that is that each of the group has its own language, its own tribal customs, and traditions, based on the land to which they belong.
Subjective element of the crime of
In this essay, I will be discussing the Pre-Trial Chamber’s decision on the elements of the crime of genocide. In order to do this, first I will be explaining what are the contextual elements, required for a crime to be classified as a crime of genocide. Further, I will point out the criteria for the targeted group, developed by the Pre-Trial Chamber, in their process of identification of the group targeted by Al – Bashir. Moreover, I will be explaining the subjective elements of the crime of genocide. In order to do this, I will outline the type of evidence, submitted by the Prosecution, in order to infer the existence of a genocidal intent. …show more content…
According to paragraph 123, the contextual elements outlined in the Elements of Crimes, in order for a person to be charged with a crime of genocide, the conduct must have taken place in the context of a manifest pattern of similar conduct, directed against the targeted group, or the nature must be such as in itself to have the effect of a total or partial destruction of the targeted group. In addition to this, according to paragraph 124, the Pre-Trial Chamber outlined that in order for a crime of genocide to be complete, the conduct in question must present a real and concrete threat to the existence of a part of or the entire targeted …show more content…
According to the 1948 Genocide Convention and the Pre-Trial Chamber, the targeted group shall be defined with positive characteristic, not with the lack of such. This represents a criterion on whether the people belong to the certain group not whether they do not.
The targeted groups pointed out by the Prosecution, are the Fur, the Masalit, and the Zaghawa. According to the Pre-Trial Chamber, those groups are Sudanese nationality, with similarity in the racial features, sharing the same Muslim religion. Taking this into account, the Pre-Trial Chamber believes that there are grounds to believe that the Fur, the Masalit, and the Zaghawa groups are targeted on the basis of ethnicity. The reason for that is that each of the group has its own language, its own tribal customs, and traditions, based on the land to which they belong.
Subjective element of the crime of