2010Unpublished venueRequires access

Are ethnic cleansing and genocide distinguishable?: Qualifications of legal problems

Goran Đorđević

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Abstract

Subject of discussion is the necessity to legally qualify and make thematic differentiation between the ethnic cleansing and genocide. Having in mind numerous characteristics of ethnic cleansing and genocide, it is clear that these two acts have a certain number of important characteristics in common, through which they are interconnected, imbue with one another and frequently mutually conditioned. From the historical aspect, it is remarkable that ethnic cleansing has often gone before genocide, that ethnic cleansing has been done in terms of genocide, as well as the protected groups were coincidentally subjected to both ethnic cleansing and genocide. On the other hand, there are also relevant differences, especially in regard to intent. Aforesaid gives grounds for analyzing and answering the question whether these two acts can be identified.

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What this paper is about

Subject of discussion is the necessity to legally qualify and make thematic differentiation between the ethnic cleansing and genocide. Having in mind numerous characteristics of ethnic cleansing and genocide, it is clear that these two acts have a certain number of important characteristics in common, through which they are interconnected, imbue with one another and frequently mutually conditioned. From the historical aspect, it is remarkable that ethnic cleansing has often gone before genocide, that ethnic cleansing has been done in terms of genocide, as well as the protected groups were coincidentally subjected to both ethnic cleansing and genocide. On the other hand, there are also relevant differences, especially in regard to intent. Aforesaid gives grounds for analyzing and answering the question whether these two acts can be identified.

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Available abstract

Subject of discussion is the necessity to legally qualify and make thematic differentiation between the ethnic cleansing and genocide. Having in mind numerous characteristics of ethnic cleansing and genocide, it is clear that these two acts have a certain number of important characteristics in common, through which they are interconnected, imbue with one another and frequently mutually conditioned. From the historical aspect, it is remarkable that ethnic cleansing has often gone before genocide, that ethnic cleansing has been done in terms of genocide, as well as the protected groups were coincidentally subjected to both ethnic cleansing and genocide. On the other hand, there are also relevant differences, especially in regard to intent. Aforesaid gives grounds for analyzing and answering the question whether these two acts can be identified.

Key concepts: Ethnic Cleansing, Genocide, Ethnic group, Criminology, Political science, Sociology, Law

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