A Legal Analysis of Genocide by “Imposing Measures Intended to Prevent Births

The crime of genocide by “imposing measures intended to prevent births within the group” has been recognized in international law since 1948, but is yet to be charged in any international court. An examination of this act of genocide is therefore long overdue. To that end, this article provides a detailed legal analysis of the crime and considers the implications for ongoing proceedings concerning Myanmar’s treatment of the Rohingya in the International Court of Justice, Argentine court system, and International Criminal Court. I conclude that genocide by “imposing measures intended to prevent births” is a wide-ranging crime that can encompass sexual mutilation, forced sterilization, forced abortion, forced miscarriage, forced contraception, discriminatory laws and policies, forced impregnation, separation of males and females, sexual violence, forced religious conversions, and certain killings. This legal analysis sheds light on aspects of the Myanmar situation that might otherwise go overlooked, and could assist in future genocide proceedings in international and national courts

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