Sammendrag
In defining the four protected groups of genocide, the international criminal tribunals have gradually shifted from an objective to a subjective approach, or a combination of these approaches with an emphasis on the subjective approach. The group membership is accordingly not determined by means of dubious objective parameters such as skin color, but by the perception of the group’s differentness. Predominately, the courts determine the perpetrator’s perception of the group that he wishes to single out and destroy. The Genocide Convention, however, exclusively protects four groups and a broadening of this protection to include any group created by the imagination of the perpetrator has consistently been rejected. The perpetrator’s perception has therefore to be limited to what he understands to be a racial, national, ethnical or religious group. This analysis is primarily based on the case law of the international criminal courts, in particular the ad hoc tribunals for Rwanda and the Former Yugoslavia. It considers furthermore the case law of the International Criminal Court, the International Court of Justice and also includes the findings of the Darfur Commission.
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