Volume 30, Issue 2, 2021
DOI: 10.24205/03276716.2020.4096
On the constituting elements of genocide in periods of social transformation
Abstract
Genocide is an international crime that seriously endangers the peace and security of mankind, which was established in the Convention on the Prevention and Punishment of the Crime of Genocide after the Second World War. After the end of World War II, the United Nations General Assembly adopted resolution 96(I) on punishing genocide and the Convention on the Prevention and Punishment of Genocide, the official story is declared genocide is an international crime. In the decades after World War II, genocide of the same nature as the genocide of Jewish people in World War II is still happening. Based on international conventions and international criminal justice practice, this paper combines theory with practice, analyzes the origin, development, concept and crime constitution of genocide, and compares it with other international crimes. This paper discusses the legal issues of jurisdiction, prevention and punishment of genocide in the period of social transformation, in order that the international community can better understand and recognize genocide as a serious international crime, and better study, prevent and combat genocide in international criminal law theory and international judicial practice.
Keywords
Social transformation period; The crime of genocide; Elements of crime