The general meaning of Genocide is mass killing, intentionally killing of a persons by another person’s. The deliberate killing of a large group of people especially those of a particular religion, nation or ethnic etc.
The word Genocide was coined by “Raphael lemkin”, he was polish lawyer, in latin word caedo/ cide means killing of a group of race.
UN Genocide convention, ” Convention on Prevention & punishment of crime of Genocide 1948, India ratifies this convention in 1951. The UN charter clearly state that Genocide is a crime against humanity.
Article 2 of this defines Genocide and 3 defines the punishment, 6 talks about extradition and 9 jurisdiction of ICJ, There are 152 parties are signatory to this convention.
Article 2 of Convention on Prevention & punishment of crime of Genocide 1948
It define the term Genocide, destroys in whole or in part, a National, ethical racial or religious group etc.
- Killing members of the groups
- Causing serious bodily or mental harm.
- Deliberately inflicting physical destruction.
- Intended to prevent births,
- Forcibly transferring children of group to another group.
Convention on Prevention & punishment of crime of Genocide 1948 Article 3
- Acts shall be punishable
- Conspiracy to commit Genocide
- Direct and public incitements to commit Genocide.
- Attempt to commit Genocide
- Complicity in Genocide.
Article 4 Convention on Prevention & punishment of crime of Genocide 1948
- Application of the law
- Private person
- Public official
- Constitutionally Rulers can not take the plea of superior orders.
Convention on Prevention & punishment of crime of Genocide 1948 Article 5
Article 5 of Convention on Prevention & punishment of crime of Genocide 1948, the contracting parties has to ratifies the convention on Genocide in there domestic law.
Article 8 of Convention on Prevention & punishment of crime of Genocide 1948, parties can call upon the organs of United Nations charter to take action by their competent organs.
Convention on Prevention & punishment of crime of Genocide 1948, Article 9, If their is dispute between 2 parties then ICJ has the power to resolve the disputes, relating to interpretation, application or fulfillment of present convention.
Genocides incident list
- Rawanda Genocide
- Population was 7 million in which 85% Hutu, Tutsi 14%, Twa 1%.
- Rebellion group of Tutsi, ethnic cleaning.
- Germany and Belgium are the country under which Rawanda was colonised.
- Holo caust Genocide,
- Jews and German 6 million people were killed.
- Bangladesh Genocide 1971.
- Anti sikh riot 1984
- Gujarat Riot 2002
- Bhagalpur Genocide 1989 etc.
Apartheid
Apartheid means apartness Racial segregation, it was political or Racial policy of National Party when they were in power in 1948.
South Africa was divided into Black and whites, where 80% were non whites asian blacks indian or mix and whites were minority with 20%.
Whites were never allowed them in their home and get them separated from everything they were not even allowed to “vote” not can be the political leader as well.
“Gettos” was the place where non whites used to survive like concentration camp.
Nelson Mandela was the one who go against this policy of Apartheid, he was a freedom fighter and in 1964, he was charged as “treason”.
Problems faced by non whites
- Forbidden from living in whites areas
- No voting rights for non whites.
- Separate public places for non whites
- Banned from churches where whites worship
- They were banned to not form groups or association against this policy.
International convention on suppression and punishment of the crime of Apartheid
- This convention came into force in 18, july 1976,
- India became the party of this convention on 27 September 1977.
- Article 1 Apartheid is a crime against humanity, it is a policy under which a person is getting separate and discriminate or segregated. And it’s violates the principal of international laws of Article 2 of Un charter.
- Apartheid is a threat to international peace and security.
It defines the Apartheid, which includes similar policies and practices of racial segregation and discrimination as practised in Southern Africa.
And some in human acts were also a Apartheid, Some policies made by the one racial person for another group of racial person to dominate them.
To Deny the Right of life-by murdering of that group of racial person, by infringement of thes human dignity
Right of life and liberty of person, denied by the other racial groups.
By murder of members of a racial groups.
Any of the making of any policy made by racial groups for other racial group, to bodily harm or mental harm by infringement of their freedom or dignity.
→ Similar policies and practices as practised in South Africa.
→ One racial group establishes domination to another racial group.
Denial to a members of their Right to life and liberty
- By serious bodily or mental harm by infringement of their freedom or dignity, or by subjecting them to torture, cruel, inhuman or degrading treatment or punishment.
- Arbitrary arrest and illegal punishment or imprisonment.
Deliberately imposing calculated living conditions or their physical destruction in whole or in parts.
Legislative measure and other calculated measure to prevent from participation in political, social and economie and cultural life.
- Denial for the basic human rights and freedoms, including
- right to work, or
- right to form trade unions or right to education,
- or right to leave and to return to their country or right to nationality,
- right to freedom of movement and residence, right to freedom of opinion and expression, right to freedom of peaceful assembly and association.
The prohibition of mixed marriages among the whites and non- whites, the expropriation of Landed property.
Exploitation of the labour due to forced labour.
Persecution of organizations, by depriving them of fundamental rights and freedoms, because they oppose apartheid.