The Elephant in the Room

The Uneasy Task of Defining ‘Racial’ in International Criminal Law

Bibliographic Data

ID12822377
AuthorsCarola Lingaas (0000-0002-5641-4371, University of Oslo, corresponding author)
Year2015
Volume15
Issue3
Pages485-516
Publication date2015-03-23
Open AccessNo
TypeARTICLE
VenueInternational Criminal Law Review (JOURNAL)
Journal identifiersISSN: 1567-536X • E-ISSN: 1571-8123
PublisherBrill (PUBLISHER • NL)
DOI10.1163/15718123-01503002
OpenAlexW265649334
LanguageEN
Citations received2
References cited1

The Rome Statute of the International Criminal Court contains the term ‘racial’ in its provisions on the crime of genocide, persecution and apartheid. However, it fails to provide for a definition of this historically burdened term. International criminal law is guided by the principle of legality and legal norms should be as narrowly defined as possible. This article will therefore attempt to provide a contemporary legal definition of ‘racial’. The article contains an overview of the historical development, the treatment of the issue of ‘race’ by anthropology and human rights, before turning to international criminal law. Cases dealt with by the ictr and the icty on ‘racial groups’ with regard to the crime of genocide will be analysed and categorised. The article concludes with a suggestion to juxtapose racial groups with ethnical groups, based on the perception of the perpetrator or the self-perception of the victims (subjective approach)

Criminal law · Criminology · Genocide · Human rights · International law · Persecution · Political science · Politics · Principle of legality · Race (biology · Rome Statute of the International Criminal Court · Sociology · Statute · Statute of limitations · Gender Studies · Global Peace and Security Dynamics · Historical and Contemporary Political Dynamics · International Law and Human Rights · Law

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