etherial: a burning flag (politics)
[personal profile] etherial
It's been seven years since the last terrorist attack on U.S. soil, but it looks like that's over. This time, they're targeting our children. Let's make sure the perpetrators are caught and executed - but not tortured. Write your Congressman. We won't take this lying down but we won't devolve into an angry mob.

(no subject)

Date: 2008-09-29 03:51 pm (UTC)
From: [identity profile] agthorr.livejournal.com
From wikipedia's Genocide article, discussing the interpretation of the UN document you refer to:
The phrase "in whole or in part" has been subject to much discussion by scholars of international humanitarian law.[13] The International Criminal Tribunal for the Former Yugoslavia found in Prosecutor v. Radislav Krstic - Trial Chamber I - Judgment - IT-98-33 (2001) ICTY8 (2 August 2001)[14] that Genocide had been committed. In Prosecutor v. Radislav Krstic - Appeals Chamber - Judgment - IT-98-33 (2004) ICTY 7 (19 April 2004)[15] paragraphs 8, 9, 10, and 11 addressed the issue of in part and found that "the part must be a substantial part of that group. The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups, and the part targeted must be significant enough to have an impact on the group as a whole." The Appeals Chamber goes into details of other cases and the opinions of respected commentators on the Genocide Convention to explain how they came to this conclusion.
Furthermore, the UN document is primarily an international treaty stating that signatory states must enact laws making genocide illegal. In the US, we have 18 U.S.C. § 1091, which states in part:
Whoever, whether in time of peace or in time of war, in a circumstance described in subsection (d) and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—
(emphasis mine)

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