- cross-posted to:
- usa@midwest.social
- cross-posted to:
- usa@midwest.social
“What’s happening in Gaza is not genocide. We reject that,” Biden said at a Jewish American Heritage Month event at the White House.
I can’t tell if he’s pandering or trying to lose the election
sorry, left out part of the definition:
So destroying a military - no, destroying a national or racial group - yes
Don’t stop there:
The popular understanding of what constitutes genocide tends to be broader than the content of the norm under international law. Article II of the Genocide Convention contains a narrow definition of the crime of genocide, which includes two main elements:
A mental element: the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”; and
A physical element, which includes the following five acts, enumerated exhaustively:
The intent is the most difficult element to determine. To constitute genocide, there must be a proven intent on the part of perpetrators to physically destroy a national, ethnical, racial or religious group. Cultural destruction does not suffice, nor does an intention to simply disperse a group. It is this special intent, or dolus specialis, that makes the crime of genocide so unique. In addition, case law has associated intent with the existence of a State or organizational plan or policy, even if the definition of genocide in international law does not include that element.