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Genocide: The static expansion to include the crime of forced expulsion

Plajzer, E. (2018) Genocide: The static expansion to include the crime of forced expulsion. Australian Law Journal, 92 (11). pp. 900-915.

Abstract

This article seeks to analyse the essential "character" of the crime of genocide; a crime recognised internationally as the height of human criminality. However, despite such standing the evolution of international crimes and conflicts has revealed that the definition of genocide, as currently provided for under the United Nations Convention on the Prevention and Punishment of Genocide (Convention), is far from comprehensive. This article will focus on such shortcomings in regard to the act of forced expulsion; the forced removal of any national, ethnic, racial or religious group from an area in which they are settled. Analysing historical positions on forced expulsion, current academic debate and the decisions of international tribunals, forced expulsion will be revealed as a "mechanism" crime for both ethnic cleansing and genocidal regimes. The current definition of genocide will be carefully considered, and similarities drawn between the existing class acts and the crime of forced expulsion; proposing that such similarity permits if not necessitates expansion. While it is recognised that there are other forms of international law to provide victims of forced expulsion regimes with some recourse, ultimately the absence of forced expulsion as a crime ipso facto under the Convention leaves victims without comprehensive protection from genocide.

Item Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: Thomas Reuters
URI: http://researchrepository.murdoch.edu.au/id/eprint/42929
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