Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-05-26T04:42:22.963Z Has data issue: false hasContentIssue false

5 - Identifying Groups in Genocide Cases

Published online by Cambridge University Press:  19 January 2010

Larry May
Affiliation:
Vanderbilt University, Tennessee
Zachary Hoskins
Affiliation:
Washington University, St Louis
Get access

Summary

The [ICTR] Chamber notes that the Tutsi population does not have its own language or a distinct culture from the rest of the Rwandan population. However, the Chamber notes that there are a number of objective indicators of the group as a group with a distinct identity. Every Rwandan citizen was required before 1994 to carry an identity card which included an entry for ethnic group… The Rwandan Constitutions and laws in force in 1994 also identified Rwandans by reference to their ethnic group… Moreover, customary rules existed in Rwanda governing the determination of ethnic group, which followed patrilineal lines of heredity… The Rwandan witnesses who testified before the Chamber identified themselves by ethnic group… Moreover, the Tutsis were conceived of as an ethnic group by those who targeted them for killing.

Currently in the international law of genocide, there is a debate about whether groups should be defined objectively, on the basis of criteria that anyone can apply, or subjectively, in which only the perpetrators decide who is a member of a group and even what are relevant groups. Genocide is defined as “the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such,” so it matters quite a bit how groups are identified. Indeed, in the Rwanda genocide there was, and remains, much dispute about whether the victim group, the Tutsis, was indeed a group of the sort that could be the subject of genocide and hence a group that could seek redress in international law for the harms that the Hutus perpetrated against the Tutsis.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Schabas, William A., Genocide in International Law (Cambridge: Cambridge University Press, 2000), 110Google Scholar
Dworkin, Ronald, “The Model of Rules I,” Chapter 2 in Taking Rights Seriously (Cambridge, MA: Harvard University Press, 1977), 15Google Scholar
May, Larry, “How Is Humanity Harmed by Genocide?” 11(1) International Legal Theory (Summer 2005), 1–23Google Scholar
Tuomela, Raimo, A Theory of Social Action (Dordrecht: D. Reidel Publishing Co., 1984)CrossRefGoogle Scholar
Gilbert, Margaret, On Social Facts (London: Routledge Press, 1989)Google Scholar
Tuomela, (1984), and Searle, John, The Construction of Social Reality (New York: Free Press, 1995)Google Scholar
May, Larry, The Morality of Groups (Notre Dame, IN: University of Notre Dame Press, 1987)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×