REDEFINING THE CRIME OF GENOCIDE: A PATHWAY TO INTERNATIONAL PEACE, SECURITY AND ACCOUNTABILITY

Abstract

This paper examines how a redefinition of the constitutive elements of the crime of genocide could promote international peace, security and accountability. Genocide has been described as the gravest crime against humanity and one of the three ‘radical evils’ in the world. The Rome Statute of the International Criminal Court defines it as the destruction in whole or in part, of a national, ethnical, racial or religious group. However, this restrictive definition has posed significant challenges to holding perpetrators accountable and thus not serving as a strong deterrence to those who may want to unsettle international peace and security through acts of genocide. This paper advances three arguments for a possible redefinition of genocide to resolve the exceptionalism of horror entrenched by its current understanding and definition. First, we argue that there is a need to expand the definition of the protected group beyond national, racial, ethnical and religious groups to include political and social groups. In addition, we argue the need to expand the actus reus to include acts such as ethnic cleansing, and lastly to relax the stringent mental element requiring an ‘intention to destroy a group in whole or in part’. We conclude that a proper conceptualisation of genocide has a role to play in ensuring accountability as well as promoting international peace and security and that the primary responsibility for initiating this conceptual shift lies with the United Nations Security Council.