Article II

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Article II is the provision of the 1948 Genocide Convention that legally defines genocide by specifying the acts and intent that constitute this international crime.


Statements (48)
Predicate Object
instanceOf article of an international convention
treaty provision
adoptedBy United Nations General Assembly
adoptedIn 1948
adoptionInstrument United Nations General Assembly Resolution 260 A (III)
basisFor individual criminal responsibility for genocide
state responsibility for genocide
category substantive provision of the Genocide Convention
citedAs Article 2 of the Genocide Convention
citedInCase Bosnia and Herzegovina v. Serbia and Montenegro (ICJ)
Croatia v. Serbia (ICJ)
Prosecutor v. Akayesu (ICTR)
Prosecutor v. Krstić (ICTY)
coreConcept actus reus of genocide
mens rea of genocide
defines crime of genocide
doesNotInclude political groups as protected groups
social groups as protected groups
enteredIntoForceWith Convention on the Prevention and Punishment of the Crime of Genocide on 12 January 1951
influenced Article 6 of the Rome Statute of the International Criminal Court
definitions of genocide in international criminal tribunals
language English authentic text
French authentic text
legalEffect obliges States Parties to criminalize genocide in domestic law
legalNature binding definition of genocide in international law
legalStatus customary international law reference point for genocide definition
listsAct causing serious bodily or mental harm to members of the group
deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
forcibly transferring children of the group to another group
imposing measures intended to prevent births within the group
killing members of the group
partOf Convention on the Prevention and Punishment of the Crime of Genocide
protects existence of national, ethnical, racial and religious groups
requiresElement specific intent to destroy a protected group in whole or in part
targeting of a national group
targeting of a racial group
targeting of a religious group
targeting of an ethnical group
requiresMensRea intent to destroy a protected group as such
requiresProofOf destruction of a group in whole or in part
scope applies in time of peace and in time of war
shortName Article II of the Genocide Convention
subjectMatter international criminal law
protection of groups from destruction
usedBy International Court of Justice
International Criminal Court
International Criminal Tribunal for Rwanda
International Criminal Tribunal for the former Yugoslavia

Referenced by (1)
Subject (surface form when different) Predicate
GenocideConvention1948
containsArticle

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