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Reply to "Ethnic cleansing in Eastern Europe - when will the United Nations declare this a genocide?"
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[quote=Anonymous]^^^^^ Sounds more like UN can go after Putin for Crimes against Humanity rather than genocide. Ironically, and tragically, this legal concept (CAH) was conceived within Ukraine. What's the Difference Between 'Crimes Against Humanity' and 'Genocide?' Bosco Ntaganda has been charged with the first. Here's what it means. By Robert Coalson https://www.theatlantic.com/international/archive/2013/03/whats-the-difference-between-crimes-against-humanity-and-genocide/274167/ What are the differences between the legal terms "crimes against humanity" and "genocide"? And are both equally useful in punishing mass crimes and facilitating closure? Tell us in a nutshell, if you can, what are the legal concepts of crimes against humanity and genocide? Crimes against humanity and genocide are two distinct concepts. They became part of international law in the mid-1940s, after the end of World War II, and really around the time of the Nuremburg trials. They were new concepts -- they are relatively recent in that sense. And what I have been doing in a new book that I am working on is tracing their origins. The basic difference between crimes against humanity and genocide is as follows: Crimes against humanity focuses on the killing of large numbers of individuals. The systematic, mass killing of a very large number of individuals will constitute a crime against humanity. Genocide has a different focus. Genocide focuses not on the killing of individuals, but on the destruction of groups. In other words, a large number of individuals who form part of a single group. And the two concepts in this way have different objectives. One aims at protecting the individual; the other aims at protecting the group. Your research traces both concepts back to the Ukrainian city of Lviv, is that right? The two issues really hit the headlines in international-law terms in 1945 and 1946, around the time the Allies were preparing the Nuremburg trials and they were deciding what they would charge leading Nazi defendants with at those trials. And there was a big debate about whether to deal with the issue of crimes against humanity or genocide. And in fact, they went with crimes against humanity. RECOMMENDED READING [b]What I'm doing right now in my book is tracing the origins of these two concepts and I have taken them back to two men who were responsible and both studied in the same town. It was called Lemberg and Lwow, and is now called Lviv. Today it is in Ukraine, on the western outskirts of Ukraine near the Polish border. It is a remarkable city[/b] -- it has a remarkable university that is older than Harvard University. It was very famous for mathematics. It was also very famous for law and at that law school between 1915 and 1925, two men studied. Hersch Lauterpach, who became after that a professor of international law at Cambridge University -- he was really the man responsible for putting crimes against humanity into the Nuremburg Charter. And then a couple of years after him, another man came along, Raphael Lemkin -- he's in fact much more famous. And he is the man who invented in 1943 the word "genocide," meaning the killing of groups. And what struck me as remarkable was that both men studied at the same law school.[/quote]
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