Genocide without killing? : a study of article 2(c) of the Genocide Convention

Abstract

Despite the fact that destructive conditions of life are likely to go along with every case of genocide, Article 2(c) of the Genocide Convention has been historically neglected. A closer attention to this specific might be of use in dealing with present and future cases of genocide. The present work analyses what destructive conditions of life are and argues that they might be inflicted not only through acts, but also through omissions that are equally punishable under the Genocide Convention. With regard to genocidal intent, this paper argues that destructive conditions of life should play a greater role in the inferral of genocidal intent and that a closer analysis of Article 2(c) might as well support a less stringent approach to the interpretation of genocidal intent and to the inferral of genocidal intent. The situation in Darfur will be analysed in order to show that through a closer attention to destructive conditions of life point, the existence of the material and mental element of the crime of genocide might be proven.