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WHAT HE SAID AND WHAT HE WROTE<br />

culturally, physically and biologically. So, a partial or total<br />

annihilation can be genocide. Therefore, any systematic killing of a<br />

group can be classified as genocide. Later, this concept of genocide<br />

was drastically narrowed down during the negotiations on the<br />

Con<strong>ve</strong>ntion within the UN system, though the first resolution<br />

adopted on genocide by the first session of the General Assembly<br />

was <strong>ve</strong>ry close in respect of the definition of genocide in<strong>ve</strong>nted by<br />

Lemkin himself. Later, howe<strong>ve</strong>r, the Con<strong>ve</strong>ntion was adopted,<br />

signed and ratified from 1948 until 1950 and entered into force.<br />

Here we ha<strong>ve</strong> a precise definition of genocide in Article 2 of the<br />

Con<strong>ve</strong>ntion. Let me read it out to you because it is a <strong>ve</strong>ry short<br />

article.<br />

"In the present Con<strong>ve</strong>ntion, genocide means any of the following<br />

acts committed with intent to destroy... (This is <strong>ve</strong>ry important,<br />

"with intent to destroy")...in whole or in part, 1) a national, 2)<br />

ethnical, 3) racial or 4) religious group as such: (I underline, "as<br />

such".)<br />

(a) Killing members of a group.<br />

(b) Causing serious bodily or mental harm to members of the<br />

group.<br />

(c) Deliberately inflicting on the group conditions of life<br />

calculated to bring about its physical destruction in whole or in<br />

part. (Very important for our topic)<br />

Then there are two other acts, (d) and (e), which are not really<br />

related to our topic, therefore I skip them.<br />

Now the first factor here in this definition is the "protected<br />

groups", of which there are four. What is important is not the<br />

enumeration of these groups, but what is omitted by this<br />

definition. Political groups are omitted, and I do not want to<br />

<strong>ve</strong>nture into the definition of this political group, but you can<br />

imagine what it means if you would later take it up.<br />

"Intent to destroy" is the second and perhaps most important<br />

part of this definition, and it cannot be general intent, but specific<br />

intent. Legally-speaking, therefore, there should be first a long preplanning<br />

period, organisation and organised implementation of<br />

genocide. This is <strong>ve</strong>ry important if there are oral or written<br />

statements by those who are responsible for genocidal acts to<br />

178<br />

Gündüz Aktan

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