ENVISIONING ETHNIC CLEANSING AS A SEPARATE HEADING UNDER THE ROME STATUTE

ENVISIONING ETHNIC CLEANSING AS A SEPARATE HEADING UNDER THE ROME STATUTE

ENVISIONING ETHNIC CLEANSING AS A SEPARATE HEADING UNDER THE ROME STATUTE

AUTHOR – PRAKHAR ADITYA, STUDENT AT THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES (NUJS), KOLKATA

BEST CITATION – PRAKHAR ADITYA, , ENVISIONING ETHNIC CLEANSING AS A SEPARATE HEADING UNDER THE ROME STATUTE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 56-62, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article’s primary purpose is to explore the inclusion of the term ‘Ethnic Cleansing’ which, although has remained in popular usage, holds no legal connotation in the present world. The author believes that ethnic cleansing and genocide need to be differentiated to ensure that proper delivery of justice takes place. With the broad but hard-impacting header of genocide, the International Court of Justice has had to tread lightly and very few judgments have been delivered which hold that genocide did happen. These are extremely specific trials, like the Nuremberg Trials, wherein the Nazi had left extremely detailed plans[1]. Thus, a separate head of ‘Ethnic Cleansing’ is necessitated.


[1] Layla Quran, ‘What’s the difference between genocide and ethnic cleansing?’, PBS Newshour, (Sept. 8, 2023), https://www.pbs.org/newshour/world/whats-the-difference-between-genocide-and-ethnic-cleansing.