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Biden: What's happening in Gaza is not genocide (www.gmanetwork.com)

submitted 6 months ago by eldavi@lemmy.world to c/world@lemmy.world

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"What's happening in Gaza is not genocide. We reject that," Biden said at a Jewish American Heritage Month event at the White House.

I can't tell if he's pandering or trying to lose the election

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[-] capital@lemmy.world 3 points 6 months ago

Don’t stop there:

The popular understanding of what constitutes genocide tends to be broader than the content of the norm under international law. Article II of the Genocide Convention contains a narrow definition of the crime of genocide, which includes two main elements:

A mental element: the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such"; and
A physical element, which includes the following five acts, enumerated exhaustively:
- Killing members of the group
- Causing serious bodily or mental harm to members of the group
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
- Imposing measures intended to prevent births within the group
- Forcibly transferring children of the group to another group

The intent is the most difficult element to determine. To constitute genocide, there must be a proven intent on the part of perpetrators to physically destroy a national, ethnical, racial or religious group. Cultural destruction does not suffice, nor does an intention to simply disperse a group. It is this special intent, or dolus specialis, that makes the crime of genocide so unique. In addition, case law has associated intent with the existence of a State or organizational plan or policy, even if the definition of genocide in international law does not include that element.

this post was submitted on 21 May 2024

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