What is genocide?: A matter of law or social discourse

• In Event: Racism and Genocide. Theory, Law and Views from Latin America

Abstract

Since the adoption of the Genocide Convention in 1948, the legal definition of this crime has been one of the most stable concepts in international law. Despite some indisputably relevant jurisprudential developments, the juridical debate about genocide has always been founded in some basic and common notions. For an international criminal lawyer, any allusion to genocide is an immediate reference to specific actus reus and (most importantly) mens rea, which legally differentiate this crime from any other atrocity or criminal behavior.
Notwithstanding the accuracy of the legal terminology, social discourse has allowed a more flexible use of the term genocide. Through mainstream and social media, a broad spectrum of situations is commonly identified as genocide, without a more technical analysis of the specific facts. Even some scholar works have resorted to a loose concept of genocide, which does not faithfully reflect the basic elements of the legal definition. In this (somehow chaotic) scenario, Latin American is no exception.
Even though any discrepancy between legal and social discourse may be considered solely as a matter of perspective, its consequences could potentially be more serious. By analyzing specific scenarios in which the concept of genocide has arguably been misused or misconstrued within public debate in Latin America, we explore the impact that such divergences could have. In this regard, it is important to question whether a more strict use of the concept may actually lead to a more comprehensive understanding of the specific characteristics of the violence in the region. Such debate could prove particularly relevant in regards to the protection needs of ethnic minorities, as well as political and social opposition groups in Latin America.

Author

• Ximena M Medellin, Centro de Investigación y Docencia Económicas