Unit 3:- International Convention on Inhuman Acts
3. 3. Genocide
3.2. Apartheid
3.3 Torture and Other cruel, inhuman or degrading treatment or punishment
3.4 Slavery
3.1 Genocide
Introduction & Definition
The term was coined by Raphael Lemkin in 1944. Genocide is defined as specific acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. It is often called the “Crime of Crimes.”
Statutory Provisions
- Convention on the Prevention and Punishment of the Crime of Genocide (1948): Specifically Article II.
- Rome Statute of the International Criminal Court (ICC): Article 6.
Essential Ingredients
To constitute Genocide, the following must be present:
- Mental Element (Mens Rea): The “special intent” (dolus specialis) to destroy a protected group.
- Physical Element (Actus Reus): Includes killing members, causing serious bodily or mental harm, or deliberately inflicting conditions of life calculated to bring about physical destruction.
- Target Groups: Limited to national, ethnical, racial, or religious groups.
Landmark Case Laws
- Prosecutor v. Jean-Paul Akayesu (1998) [ICTR]:
- Facts: Akayesu was a mayor in Rwanda during the 1994 massacres.
- Issue: Can sexual violence constitute an act of genocide?
- Judgment: The tribunal held that rape and sexual violence can constitute genocide if committed with the intent to destroy a group. This was the first-ever conviction for genocide by an international court.
- Bosnia and Herzegovina v. Serbia and Montenegro (2007) [ICJ]:
- Facts: Bosnia accused Serbia of genocide during the Bosnian War (Srebrenica massacre).
- Judgment: The court ruled that genocide occurred in Srebrenica. While Serbia was not found directly responsible for the killings, it was found in violation of the duty to prevent genocide.
Exam-Style Conclusion
Genocide is distinguished from other mass killings by the specific intent to annihilate a protected group. In an exam, emphasize that under the 1948 Convention, states have a dual obligation: to prevent and to punish the crime.
3.2 Apartheid
Introduction & Definition
Apartheid (an Afrikaans word meaning “apartness”) refers to an institutionalized system of segregation and discrimination based on race. While it originated in South Africa, it is now recognized as a universal crime against humanity.
Statutory Provisions
- International Convention on the Suppression and Punishment of the Crime of Apartheid (1973).
- Rome Statute of the ICC: Article 7(1)(j) (Classified as a Crime Against Humanity).
Essential Ingredients
- An institutionalized regime of systematic oppression.
- Domination by one racial group over any other racial group.
- Inhumane acts committed for the purpose of maintaining that regime (e.g., denial of the right to life, liberty, or basic human rights).
Comparison Table: Genocide vs. Apartheid
|
Feature |
Genocide |
Apartheid |
|
Primary Goal |
Physical destruction of a group. |
Systematic segregation and domination. |
|
Protected Groups |
Nationality, Race, Religion, Ethnicity. |
Based primarily on Race. |
|
Legal Status |
Standalone International Crime. |
Category of Crime Against Humanity. |
Exam-Style Conclusion
Apartheid is more than mere discrimination; it is a state-sponsored structure of inequality. Under modern international law, the prohibition of apartheid is a peremptory norm that applies to all states, regardless of treaty signatures.
3.3 Torture and Inhuman Treatment
Introduction & Definition
Torture is the intentional infliction of severe physical or mental pain or suffering by a public official (or with their consent) for purposes such as obtaining information, punishment, or intimidation.
Statutory Provisions
- Convention Against Torture (UNCAT), 1984: Article 1.
- International Covenant on Civil and Political Rights (ICCPR): Article 7.
Essential Ingredients
- Nature of Act: Severe pain or suffering (physical or mental).
- Purpose: Specific purpose (confession, punishment, or coercion).
- Official Capacity: Must be inflicted by or at the instigation of a public official.
Landmark Case Laws
- Filártiga v. Peña-Irala (1980) [US Court]:
- Facts: A Paraguayan family sued a police official for the torture/death of their son.
- Judgment: The court held that torture violates the “law of nations.” This established that international law prohibitions on torture are binding and can be enforced in domestic courts under certain conditions.
- Selmouni v. France (1999) [ECHR]:
- Judgment: The European Court of Human Rights ruled that acts previously classified as “inhuman treatment” could be reclassified as “torture” as society’s standards of human rights protection become more demanding.
Legal Exceptions/Provisos
- Non-Derogability: There are NO exceptions for torture. Even in a state of war, public emergency, or orders from a superior officer, torture is never justified.
- Lawful Sanctions: Pain or suffering arising only from, inherent in, or incidental to lawful sanctions (e.g., standard imprisonment) is generally not considered torture.
3.4 Slavery
Introduction & Definition
Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. Modern international law also covers “slavery-like practices” such as forced labor and human trafficking.
Statutory Provisions
- Slavery Convention (1926).
- Supplementary Convention on the Abolition of Slavery (1956).
- UDHR: Article 4.
Essential Ingredients
- Control/Ownership: Total control of one person over another.
- Loss of Liberty: Inability of the individual to leave or change their status.
- Exploitation: Usually for economic gain or forced labor.
Landmark Case Laws
- The Queen v. Tang (2008) [High Court of Australia]:
- Facts: A brothel owner was accused of holding women in slave-like conditions.
- Judgment: The court clarified that “ownership” in modern slavery refers to the exercise of power that effectively deprives a person of their freedom, regardless of whether a legal title of ownership exists.
Exam-Style Conclusion
While traditional chattel slavery is largely abolished, “modern slavery” remains a significant threat to human rights. In an exam, emphasize that the prohibition of slavery is an absolute right, meaning it can never be suspended by a state under any circumstances.