Actus reus of genocide and types of genocidal destruction

• Published in: Ekonomika (Niš, Serbia) Vol. 65; no. 4; pp. 63 - 73
• Main Authors: Palević, Milan, Milisavljević, Bojan, Spalević, Žaklina
• Format: Journal Article
• Language: English
• Published: Nis Drustvo Ekonomista Ekonomika 01.10.2019
• Subjects: Attitudes; Conventions; Crime; Cultural heritage; Culture; Destruction; Genocide; Human rights; International law; Jurisprudence; Massacres; Prevention; Punishment; Religion; Starvation; Tribunals & commissions; Universal Declaration of Human Rights; United States > US
• ISSN: 0350-137X; 2334-9190
• DOI: 10.5937/ekonomika1904063P

A model of genocidal destruction implies the manner in which genocide is carried out. Questions deriving from my fundamental point at issue are whether mass killings, cultural repressions, starvation, prevention of birth, politicide constitute genocide or whether genocide, in that sense, is limited to biological or physical destruction of a protected group? The post-war development of international law, especially as a result of the adoption of the Universal Declaration of Human Rights and Convention on Human Rights, and a number of conventions related to human rights, as well as jurisprudence of the two tribunals, signaled the existence of a wider concept of a customary-legal concept of genocide, that could intrinsically involve a prerogative of cultural destruction. The modern theorethical views have expressed such a tendency. From a „de lege ferenda" perspective, this could be interpreted and understood as a positive tendency, but at the same time it is questionable from the perspective of a legislative and formallegal character of the Convention on the Prevention and Punishment of the Crime of Genocide. This paper elaborates material acts of genocide and their position within the concept of genocide considering the controversies of the models of genocidal destruction.