Where is R2P grounded in international law? Anne-Marie Judson A ...

THE CRIME OF ETHNIC CLEANSING
The Rome Statute of the International Criminal Court (2002) 203 under crimes against
humanity covers ethnic cleansing in regards to the crime of apartheid, and
persecution to any identifiable group on the basis of cultural, ethnic, racial or political
grounds. It also covers war crimes in relation to deportation, extermination,
enslavement, forcible transfer and murder, as well as genocide as a widespread or
systematic attack directed at any population with the intention of extermination. This
Statute collectively covers grave crimes against humanity in relation to genocide,
crimes against humanity, ethnic cleansing and war crimes all of which are covered in
paragraph 138 of the 2005 World Summit outcome document on R2P.
The Convention on the Prevention and Punishment of the Crime of Genocide (1948), which is
considered customary, also covers ethnic cleansing. It does this by explaining that
killing members of the group or causing serious bodily or mental harm, deliberately
inflicting on the group conditions of life calculated to bring about its physical
destruction, imposing measures intended to prevent births or forcibly transferring
children of the group to another is considered genocide with the intent to destroy in
whole or in part a national, ethnic, racial or religious group. 204
This shows that ethnic cleansing not only comes within the framework of crimes
against humanity but of genocide as well. As already mentioned the Rome Statute by
inference adds to the definition of ethnic cleansing by specifying ethnic or racial
dimensions to crimes against humanity. As well as those already mentioned other
descriptions are found in Article 7.2 (g) under persecution of the group including
intentional and severe deprivation of fundamental rights contrary to international law
by reason of identity of the group. Article 7.2 (j) includes crimes of apartheid, while
7.2 (f) includes forced pregnancy with the intent of affecting the ethnic composition of
the group. The Rome Statute defines apartheid under Article 7.2 (h) as inhumane acts
committed in the context of an institutionalized regime of systematic oppression and
domination by one racial group over any other racial group.
203 United Nations. (2002). The Rome Statute of the International Criminal Court. United Nations .
204 United Nations (1948). The Convention on the Prevention and Punishment of the Crime of
Genocide. New York: United Nations, Article ii
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