{"title":"Genocide and Ukraine: Do Words Mean What We Choose them to Mean?","authors":"William A Schabas","doi":"10.1093/jicj/mqac042","DOIUrl":null,"url":null,"abstract":"Allegations of genocide have been made on both sides during the armed conflict in Ukraine. This article reviews the claims, concluding that they appear to be inconsistent with the crime of genocide as defined in Article II of the 1948 Convention, as interpreted by the International Court of Justice, the ad hoc tribunals and the International Law Commission. Most of the claims appear to use the term genocide in a rhetorical sense, without serious concern for the legal issues. The available evidence does not permit inferences to be drawn that the punishable acts are committed with genocidal intent, to the exclusion of other reasonable explanations.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Criminal Justice","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jicj/mqac042","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Allegations of genocide have been made on both sides during the armed conflict in Ukraine. This article reviews the claims, concluding that they appear to be inconsistent with the crime of genocide as defined in Article II of the 1948 Convention, as interpreted by the International Court of Justice, the ad hoc tribunals and the International Law Commission. Most of the claims appear to use the term genocide in a rhetorical sense, without serious concern for the legal issues. The available evidence does not permit inferences to be drawn that the punishable acts are committed with genocidal intent, to the exclusion of other reasonable explanations.
期刊介绍：
The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, the Journal addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions. It is intended for graduate and post-graduate students, practitioners, academics, government officials, as well as the hundreds of people working for international criminal courts.
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