The concept of group in the context of the crime of genocide within the framework of the Rome Statute

Document Type : Original Article

Authors

1 Ph.D. student of public international law, Islamic Azad University, Zanjan Branch, Department of International Law, Zanjan. Iran.

2 Assistant Professor, Department of Law, Faculty of Human Sciences and Art, Islamic Azad University, Zanjan Branch, Zanjan. Iran.

10.48300/jlr.2024.420921.2468

Abstract

considering the need to support other groups and also considering the fact that no definition of the group is stated in the statute of the International Criminal Court and the Convention on Genocide, the analysis of the definition of the group from the perspective of the doctrine, the Convention on the Prevention and Punishment of Genocide, The Draft Statute of the International Criminal Court, the Rome Statute, as well as the jurisprudence of the International Criminal Court of the former Yugoslavia and Ronda, are necessary for a better understanding of the scope of the group and also in line with the feasibility of developing the jurisdiction of the International Criminal Court in support of other groups. The findings of this research show that the lack of clear criteria and rules for distinguishing political groups, as well as the impossibility of accurately defining other groups, including cultural and economic groups, are the most important reasons for the exclusive criminal protection of four national, religious, ethnic and racial groups in the convention and the Rome Statute

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