Economic Genocide Under International Law

Abstract

The status of genocide in international law is well developed and forms part of customary international law and also treaty law. International tribunals such as the International Criminal Court and specialised chambers such as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda have addressed and made a number of convictions regarding genocide. This relative success in the international criminal justice system regarding genocide has given the appearance that perpetrators responsible for genocide will be brought to justice. Yet, there is a fundamental crack in international criminal law with regard to genocide as a crime and how to bring perpetrators to justice. That crack, is essentially, the narrow scope and definition of genocide, and also how to demonstrate that perpetrators had the intention of committing genocide. I contend in this article that the scope of genocide should be extended to include economic genocide and argue that spillover intent of aiders and abettors of genocide requires more clear and coherent rules to include economic genocide as part of how the crime of genocide is assessed in international law. The article first presents and discusses the notion of genocide, taking into consideration the Genocide Convention (1948) and then discusses the status of Article 2(c) of the Convention to define economic genocide. The article then posits the calculated economic measures that affect the conditions of life of peoples involve intent and that intention has a spillover effect.