34.) "The international legal definition of Genocide." Read this webstie to begin to understand the crimes of Genocide that Canada is guilty of and has committed against the Indigenous People of Canada. ( 5 min. Read )

 The following is from Prevent Genocide International. You can get their website at:

 info@preventgenocide.org

or

preventgenocide.org

Also in this website, look up United Nations PDF title: Office of the UN Special Advisor on the Prevention of Genocide, 4 pages. Here is the PDF website address:

osapg_analysis_framework.pdf

It clearly describes the crimes that Canada is committing against the Indigenous People of Canada. 

Now excerpts from the "Prevent Genocide International" website. I have used "bold type" to emphasize certain sections.

The legal definition of genocide. (discussion and key terms)

The international legal definition of the crime of genocide is found in Article II and III of the 1948 convention on the Prevention and Punishment of Genocide.

Article II describes two elements of the crime of genocide:

1) the mental element, meaning the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such", and

2) the physical element which includes five acts described in section a, b, c, d and e. A crime must include both elements to be called "genocide."

Article III described five punishable forms of the crime of genocide: genocide, conspiracy, incitement, attempt, and complicity.

Discussion: 

It is a crime to plan or incite genocide, even before killing starts, and to aid or abet genocide : Criminal acts include conspiracy, direct and public incitement, attempts to commit genocide and complicity in genocide.

Punishable Acts- the following are genocidal acts when committed as part of a policy to destroy a group's existence:

---Killing members of the group includes direct killing and actions causing death.

---Causing serious bodily or mental harm including inflicting trauma on members of the group through widespread torture, rape, sexual violence, forced or coerced use of drugs, and mutilation.

---Deliberately inflicting conditions of life calculated to destroy a group includes the deliberate deprivation of resources needed for the group's physical survival, such as clean water, food, clothing, shelter or medical services. Deprivation of the means to sustain life can be imposed through confiscation of harvest, blockade of foodstuffs, detention and camps, forcible relocation or expulsion into deserts.

---Prevention of births including involuntary sterilization, forced abortions, prohibition of marriage, and long-term separation of men and women intended to prevent procreation.

--Forcible transfer of children may be imposed by direct force or by fear of violence, duress, detention, psychological oppression or other methods of coercion. The convention on the rights of the child defines children as persons under the age of 18.

Genocidal acts need not kill or cause the death of members of the group. Causing seriously bodily or mental harm, prevention of births and transfer of children are acts of genocide when committed as part of a policy to destroy a group's existence.

Protected Groups:

The law protects four groups - national, ethnical, racial or religious groups.

---A national group means a set of individuals who identity is defined by a common country of nationality or national origin.

---An ethnical group is a set of individuals who identity is defined by common cultural traditions, language or heritage.

---A racial group means a set of individuals whose identity is defined by physical characteristics.

---A religious group is a set of individuals whose identity is defined by common religious creeds, beliefs, doctrines, practices, or rituals.

Usually people are born into these four groups. These four groups share the common characteristics that individuals are most often born into the group. While some individuals may change nationalities or religion - or even adopt a new cultural, ethnic or racial identity - usually people do not choose their group identity. In genocide people are targeted for destruction not because anything they have done, but because of who they are. 

Group identity is often imposed by the perpetrators. Perpetrators of genocide frequently make group categories more rigid or create new definitions which impose group Identity on individuals, without regard to peoples individual choices.

Key terms:

The crime of genocide has two elements: intent and action. "Intentional" means purposeful. Intent can be proven directly from statements or orders.  But more often, it must be inferred from a systemic pattern of coordinated acts.

Intent is different from motive. Whatever may be the motive for the crime ( land expropriation, national security, territorial integrity, etc.), if the perpetrators commit acts intended to destroy a group, even part of a group, it is genocide

The phrase "in whole or in part" is important. Perpetrators need not intend to destroy the entire group. Destruction of only part of the group (such as its educated members, or members living in one region) is also genocide. Most authorities require intent to destroy a substantial number of group members - mass murder. But an individual criminal maybe guilty of genocide even if he kills only one person, so long as he knew he was participating in a larger plan to destroy the group.

(End of excerpts from "Prevent Genocide International" website. Read the entire website article.)


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